Education and the law
Dr A R Shorten
12 points
* 3 hours per week
* First 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; and making oral presentations on selected subject matter. Students should develop values or attitudes which show an awareness of the legal rights and responsibilities of participants in the educational process; an awareness of the need to maintain an up-to-date knowledge of the legal context of their professional activities; an awareness of the need in their professional activities not to go beyond the parameters of the educators' and administrators' professional role; 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 examine in some detail selected legal influences upon education. There are no prerequisites, but students taking this subject may not also take GED3801 Legal issues and the exceptional individual. Topics will include an examination of the legislative framework of education in Australia, with particular reference to the development of Commonwealth legislation; the professional implications for teachers and educational administrators of concepts such as educational malpractice and professional negligence; teachers, educational administrators and the criminal law; and the impact of statutory developments upon the work of educators, for example, in anti-discrimination law and in copyright law. The examination of developments in Canada and in the United States will be a feature of some topics.
Assessment Participation in discussion and oral presentation: 30%
*
Assignment (2000-word case commentary): 30%
* Assignment (3000-word essay):
40%
Prescribed texts
Ramsay I M and Shorten A R Education and the law Butterworths, 1996
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