Posted: September 13th, 2017

Comprehensive Education Case Study/EDA 618 Signature Assignment instructions and rubric

Comprehensive Education Case Study/EDA 618 Signature Assignment instructions and rubric

The study of school law presents challenges since, as a future administrator, you must first gain an understanding of some basic tenets of school law, the education code in your state, federal regulations, and important court cases. Then, you must also know how to research education code topics and court cases to address issues and problems that will arise during your day-to-day tenure as an administrator. In this course, the assigned readings, lectures, and discussion board questions are intended to provide you with an understanding of basic tenets of school law. Make sure that you take time to reflect upon and understand what you’ve read. Your understanding of the readings and the lectures will be assessed in the midterm and final examinations. A course project will provide you with an opportunity to synthesize, analyze and evaluate all of the material presented and discussed in the course.  The course project is based on an extensive, comprehensive case study which follows.
Educational Law Case Study
Myron Stress, a full-time history and physical education teacher, was in the process of completing his initial year of teaching and serving as the extra-duty assigned golf coach at Herman Melville High School in the Mariner View Unified School District.  Prior to his assignment at Herman Melville High School, he was employed by the Harpoon Valley Unified School District, in the same county, where he worked two regular contract years as a physical education teacher at Sandpiper Middle School.  The year before his first regular contract year with the Harpoon Unified School District, he served as a long term substitute physical education teacher at Aquarius Middle School, in the Harpoon Valley Unified School District, for 135 days.
When Mr. Stress left the Harpoon Valley Unified School District, effective June 30 of his second regular contract year, he took a break from teaching for two years before being hired by the Mariner View Unified School District and being assigned to Herman Melville High School.  During that two year period, he met Martha Croissant, the home economics teacher at Herman Melville High School.  Shortly after he began his duties as a history and physical education teacher at Herman Melville High School, he and Martha were married.
In  early March, while driving his aging l985 VW camper van to a school sanctioned golf tournament accompanied by Mrs. Stress, four male members of the golf team, and two female cheerleaders, he was involved in a fatal automobile accident.  It was reported to the police officers who came to the scene of the accident that Mr. Stress lost control of his vehicle because he was distracted when he and Mrs. Stress attempted to break up a fight which developed between two of the students in the van—personal name calling which led one of the students to hit another student.  It all started, as reported later, when  Arnold Bogey, one of the members of the golf team, said to one of the cheerleaders, “We’ll probably lose again because we can’t concentrate on our game with your idiotic girlish cheers. There’s no place for girls at serious athletic events like this.”  Arnold Bogey is a special education student who has problems with impulse control and , it is rumored, has been diagnosed with Tourette’s syndrome.  Also, he is known to have made insulting remarks to girls at school and the school’s vice-principal, Arthur Lasher, has warned him to stop this kind of behavior.
When paramedics assisted one of the students who was riding in the van, it was discovered that the student was in possession of an ounce of marijuana.
As a result of the accident, Mrs. Stress died shortly after being taken to the hospital.  Because of her popularity, Mrs. Stress’ funeral was held at the school during school hours.  The funeral was religious, conducted by the Reverend Pulpit, who read from the Bible and called upon all to pray.  All students were compelled to attend the rites.
Mr. Stress was hospitalized for nearly four months (120 days) and then he returned to teaching at Herman Melville High School the following September.
Two of the students in the van received serious injuries which required long term physical therapy after a three month hospitalization.  One of them, Heather Medalist, suffered a permanent disability.  She suffered a broken back and was not likely to regain complete coordination of her legs in the future.  It had been her hope to compete for a college scholarship in gymnastics and to become a professional dancer after graduation from college. The other seriously injured student, Bernard Center, was involved in the fight in the van.  He received a serious concussion. His  potential for receiving an athletic scholarship in basketball was diminished but not definitively out of the question.  The other students involved in the accident received only minor injuries and were treated and released.
To complicate matters, after the initial shock of the news of the accident wore off at Herman Melville High School, rumors began to fly. Without the permission of the faculty advisor, Corrine Comma, and after she had approved the school paper The Pequod Express for printing, the student editor, Sam Chatsworth, inserted in a “Have you Heard?” column a rumor that Mr. Stress had had a drinking problem and that might have contributed to the accident. Infuriated upon reading this, the principal, George Ishmael, suspended Sam Chatsworth immediately and told him that he was not allowed to participate in any of the graduation activities with his class.  There were 21 school days left until the graduation ceremony.  Also, George Ishmael put a letter of reprimand in the personnel file of the newspaper faculty advisor, Corrine Comma, for not properly supervising her student staff.  He did not tell Corrine that he was going to do this nor did he share his letter with her.
The parents of the students involved in the accident filed a series of separate legal actions against Mr. Stress and any other people or organizations who or which might have responsibility for the accident.
Depressed, Mr. Stress, in early September of the new school year following the accident, wished to leave Herman Melville High School but he also wished to remain in teaching.  At a small social gathering, at which three members of the five member Harpoon Valley Unified School District  governing board happened to be present, many old friends tried to console him.  The three Harpoon Valley board members told him at the party that he could have his old job back if he wanted it.
What are the legal issues which can be raised in this case, including Mr. Stress’ rights and benefits as well as his liabilities?  Also, what obligations and possible courses of action do the two school districts have?  Base your answer on the stated facts of the case.
The following questions should be used to guide you as you work on this case.

1.What are the statutory time elements affecting Myron’s employment? Does the 75 percent rule come into play? Is he tenured? In what district?

2.Is there any necessary information regarding Myron’s relationship with Martha? Would his marriage have any effect on the case?

3.What is significant about Myron’s driving the golf team, cheerleaders, and his wife to the golf tournament? Are there any liability issues present? Does the number of students in the van have any relevance to the case? What about the condition of the van? Is that a relevant issue? Do the distance and the destination have any relevance to the case?

4.Do the known facts regarding the accident have relationship to liability? Might there be any comparative negligence because of the fight within the van? Does Mrs. Stress’ estate have any liability for her action or inaction?

5.What are the issues surrounding Arnold Bogey? Is sexual harassment a possible issue? Could he be disciplined in the same manner and using the same procedures as other students? Do you think Arnold was correct in his remark?

6.What search issues are involved regarding the student who was found to possess marijuana? Is the amount of marijuana relevant? Are there any mandatory expulsion issues?

7.Have the school and the Rev. Pulpit acted properly? How should the funeral have been handled?

8.What leave rights does Myron have? How should he access them?

9.Does Heather Medalist have any liability or special education claims against the district?

10.Does Bernard Center have claim to a future scholarship? Does the district have any liability should he not get a scholarship? What about the liability regarding the other students?

11.What rights does Sam Chatsworth have to print his story about Myron? Can George Ismael suspend him? Did Corrine Comma act properly? Did George Ishmael treat Corrine Comma fairly and legally?

12.Can the Harpoon valley board promise Martin his job back at a private meeting? If he does get it back, is he tenured?  Does the  39 month rule apply?

13.Are there any other issues?