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Education Law Association
Compilation of Published Papers from the 2010-2012 ELA Annual Conference presentations.
All Rights Reserved.
Understanding Liability in School Cases: Limiting Your Liability/Improving Your School (2010)
This presentation will explore the expanding universe of educator duties and will present a framework for determining the magnitude of duties and liabilities. The presentation will cover tort liability: duty owed, breach of duty, and resulting harm.
Edward F. Dragan, Ed.D., M.E.L., M.A., C.P.M, C.M.C.: Owner, Education Management Consulting, LLC, and Safe Schools International, LLC, Lambertville, NJ
School Funding Litigation: Contemporary Expansion (2010)
This study will provide an analysis of the status of school funding litigation, and extrapolate to discuss likely future events in school funding litigation.
R. Craig Wood: Professor, University of Florida, Gainesville, FL
William E. Thro, J.D., M.A.: University Counsel & Assistant Professor, Christopher Newport University, Newport News, VA
Carlee Poston Escue, Ph.D.: Assistant Professor, University of Cincinnati, OH
The Promise of 360˚ Principal Evaluation – Maybe (2011)
Using caselaw and the results of a ninety-three school pilot of VALED, this presentation looks at potential legal challenges if educators are not prepared to use 360-degree evaluation.
John S. Bell, M.A.: Coordinator, Leadership, and Evaluation, Alabama State Department of Education, AL
My Kind of Loyalty: The Legal Impact of Changing Governance Models on Public Education and its Office Holders (2011)
This session explores the legal implications of rapidly evolving models of school governance in suburban and urban areas of the United States.
David Doty, J.D., Ph.D.: Superintendent, Canyons School District, Sandy, UT
Jeff Christensen, M.A., J.D.: Coordinator of Policy Research, Canyons School District, Sandy, UT
John Borkowski, J.D.: Partner, Hogan Lovells LLP, Washington, DC
Robert A. Garda, Jr., J.D.: Associate Professor, Loyola University New Orleans College of Law, New Orleans, LA
Everything You Need to Know About Insurance and Education Law But Were Afraid to Ask (2011, PPT)
An overview of insurance and risk management, the surprising way they shape education law, and why they should be part of education law courses.
Duncan K. Fobes, J.D.: Principal,, Buchanan Fobes Leitch and Kalzer, Inc., P.S., Seattle, WA
Deborah Callahan, B.A.: Assistant Executive Director, Washington Schools Risk Management Pool, Tukwila, WA
Systematic Failure in the 21st Century: A Case Study Related to Educational Malpractice (2011)
Do systems blatantly fail students today? The case of a student is discussed as a catalyst for exploring educational malpractice, special education, and communication issues.
Spencer C. Weiler, Ph.D.: Assistant Professor, Educational Leadership and Policy Studies, University of Northern Colorado, Greeley, CO
Anthony Armenta, Ed.D.: Associate Professor, Educational Leadership and Policy Studies, University of Northern Colorado, Greeley, CO
Joe Dinnetz: Graduate Student, Educational Leadership and Policy Studies, University of Northern Colorado, Greeley, CO
Growth Model Evaluations: Possibilities and Pitfalls (2012)
In response to Race to the Top, student academic growth models are being incorporated into teacher evaluation processes across the country. This interactive presentation will use Illinois’ new teacher evaluation process as an example to illustrate the practical and legal possibilities and pitfalls associated with these evaluation methods.
John Dively, J.D., Ed.D.: Associate Professor and Chair, Educational Leadership Department, Eastern Illinois University, Charleston, IL
Preserving Qualified Immunity in Section 1983 Actions (2012)
A review of recent Section 1983 federal litigation and the developing picture of clearly established constitutional rights of students that would abrogate qualified immunity defense claims.
B. Glen Epley, Ph.D.: Professor, Dept. of Teacher Education, Stetson University, DeLand, FL
Student Enrollment Policies and Procedures in Public School Districts (2012)
A discussion of legal issues that address district policies and procedures related to student enrollment, as well as responsible practices for school district officials and legal guardians of school-age children.
Bettye Grigsby, Ph.D.: Assistant Professor, Educational Leadership, University of Houston-Clear Lake, Houston, TX
Lawrence T. Kajs, Ed.D.: Professor and Chair, Educational Leadership Program, University of Houston-Clear Lake, Houston, TX
Assault of School Personnel by Parents: Legal Issues and Responsible Practices
A discussion of legal issues and school district policies and campus practices in promoting a safe school environment to prevent and minimize violence, especially, assault of school personnel by parents.
Lawrence T. Kajs, Ed.D.: Professor and Chair, Educational Leadership Program, University of Houston‐Clear Lake, Houston, TX
Gary Schumacher, Ph.D.: Assistant Professor, Educational Leadership Program, University of Houston‐ Clear Lake, Houston, TX
Cheryl A. Vital, J.D.: Director of Security, Emergency Management & Foundations, Galena Park Independent School District, Houston, TX
All I Needed to Know About Ed Law I Learned in Kindergarten: An Overview of the Legal Issues Facing Today’s Kindergarteners (2012)
Kindergarten is “redshirting,” vaccinations, first-time principal office visits, and ever-changing start dates. All will be discussed in this session on legal issues unique to kindergarten.
Gretchen Oltman, J.D., Ph.D.: Graduate Program Administrator, University of Nebraska College of Law, Lincoln, NE
Current Legal Issues Facing K-12 Administrators (2012, case summaries)
This interactive session discusses current legal topics that challenge school administrators on a daily basis. The session presenters—a retired public school principal, a professor of school law, and an attorney—each offer a unique perspective. As an interactive session, topics discussed are those raised by participants.
Allan Osborne, Ed.D.: Principal (Retired), Quincy Public Schools, Quincy, MA.
Brad Colwell, J.D., Ph.D.: Professor and Dean, College of Education & Human Development, Bowling Green State University, Bowling Green, OH
Brian D. Schwartz, J.D.: Associate Director & General Counsel, Illinois Principals Association, Springfield, IL
School Age Student Residency: Legal and Practical Considerations (2012)
This presentation addresses student residency concerns while providing a balanced approach of practical and legal considerations of student residency to professors, attorneys, and educators.
Philip H. Wagner, Ph.D.: Superintendent, Licking Heights Local School District, Columbus, OH
Gregory B. Scott, Esq.: Scott, Scriven and Wahoff LLP, Columbus, OH
School Lore v. School Law: Prevailing Beliefs and Objective Knowledge (2012, PPT)
This session will provide various examples of the sources and the symptoms of the significant discrepancy between the prevailing beliefs and objective knowledge of selected areas of law (e.g., tort liability, special education, and teacher employment) on the national level.
Perry A. Zirkel, Ph.D., J.D., LL.M.: University Professor of Education and Law, Lehigh University, Bethlehem, PA