Legal issues and the exceptional individual
Dr A R Shorten
12 points
* 3 hours per week
* Second semester
* Clayton
Objectives Upon successful completion of this subject, students should have developed knowledge and understanding of the legal framework of education in Australia and of the legal concepts and terminology relevant to the subject topics. Students should be able to demonstrate skills in comprehending, analysing and assessing the significance of legal source materials; determining and writing clearly about the implications of the law for their professional practice; making oral presentations on selected subject matter. Students should also develop values and attitudes which show awareness of the legal rights and responsibilities of participants in the educational process; awareness of the need to maintain an up-to-date knowledge of the legal context of their professional activities; awareness of the need in their professional activities not to go beyond the parameters of the educators' and administrators' professional role; and an awareness of the need to seek professional legal advice only from qualified legal practitioners currently engaged in the practice of law.
Synopsis The aim of this lecture-discussion subject is to provide an introduction to legal issues affecting exceptional individuals and in particular those issues relevant to the delivery of services in special education. Some reference will be made to developments in Australia generally, and particular reference will be made to Victoria. There are no prerequisites, but students taking this subject may not also take GED3822 (Education and the law). Topics will include the following: a brief introduction to the Australian legal system and to sources of law in education; an examination of some of the legal issues which affect the welfare of exceptional individuals in Australia; an examination of the conceptual basis of the legislative framework for the organisation of special education in Australia and the educational policy issues arising therefrom; and professional negligence and educational malpractice in special education. Where it is appropriate to do so comparative themes will be developed in some topics by reference to developments in Canada, the UK and the USA.
Assessment Assignment (2000-word case commentary): 30%
* Assignment
(3000 words): 40%
* Participation in discussion and oral presentation:
30%
Prescribed texts
Ramsay I M and Shorten A R Education and the law Butterworths, 1996
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