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78040 The Law and Education

Warning: The information on this page is indicative. The subject outline for a particular session, location and mode of offering is the authoritative source of all information about the subject for that offering. Required texts, recommended texts and references in particular are likely to change. Students will be provided with a subject outline once they enrol in the subject.

Subject handbook information prior to 2017 is available in the Archives.

UTS: Law
Credit points: 6 cp
Result type: Grade and marks

Requisite(s): 70616 Australian Constitutional Law
These requisites may not apply to students in certain courses.
There are course requisites for this subject. See access conditions.

Description

The object of this subject is to examine the law as it applies to compulsory and higher education today. It is designed to encourage thought and excite debate in the many areas where the law currently impacts upon both education sectors. The subject begins by outlining the legal framework for the provision of education and the governance and management of schools and universities. It then considers many of the legal issues which arise in education today in a wide range of areas such as tort, contract and consumer law, administrative law and human rights law. Current issues are examined comparatively with jurisdictions such as the United States, the United Kingdom, Canada and New Zealand.

Subject learning objectives (SLOs)

Upon successful completion of this subject students should be able to:

1. identify legal issues which are likely to arise in education and application legal methodology to their solution;
2. appreciate the inter-relatedness of many aspects of law and its impact on the provision of compulsory and tertiary education;
3. critically examine and apply comparative argument to legal issues in education;
4. demonstrate skills in, and development of a professional approach to conducting research of the law as it relates to education;
5. identify and evaluate the need for policy changes and law reform in specific areas of education law.

Teaching and learning strategies

Strategy 1 Block Course Intensive interactive seminar model – 4 evening seminars of three hours and two weekend days
Strategy 2 Individual research; oral presentation of research proposal and written research assignment
Strategy 3 UTSOnline discussion


Subject Delivery:
The course is conducted in seminars.

  • Four (4) seminars of three (3) hours each.
  • Two (2) seminars of six (6) hours.

Seminar discussion which involves hearing the views of other students is a powerful part of the learning process. You will be required to participate usefully in seminar discussions. This participation and discussion among seminar members on UTSOnline will be taken into account in assessing each student's participation assessment mark.

Each seminar is a discussion group and you are asked to complete the essential readings, and to conduct your own research of legislative provisions, cases and articles relating to the topics to be covered prior to each seminar. A short list of readings is given at the beginning of each topic and additional references for your further reading are provided on UTSOnline. Power points to facilitate discussions will be available online in advance of each seminar.

The topics specified to be discussed in each class are flexible as time and permits and as the discussion dictates. You will be advised on UTSOnline in advance of seminars if there are changes in the order of topics.

Content (topics)

  • How did schooling start in Australia? Historical – the legal nature of education and introduction to the legislative framework of education; constitutional issues relating to education; funding of education
  • Why law and education? Introduction to laws which impact upon the provision of education; the right to education
  • Free, compulsory and secular: different types of schools; management and governance of schools
  • What is a university? The governance and management of universities; the relationship between members of the university community
  • The students: right to education in a safe environment; factors which threaten safety; school liability
  • "You failed to teach me proper" – issues relating to the standard and quality of school and university education; international students
  • Student/university grievances and discipline – student challenges to university decisions – judicial review
  • Equal opportunity in education: discrimination and inclusion, the „mainstreaming of students in schools; discrimination complaints in schools and universities
  • The students and the school community: school discipline and alternative approaches – restorative justice and school democracy
  • The teachers: Employment in schools and universities
  • Academic freedom
  • Revision and discussion of research assignment topic proposal

Assessment

Assessment task 1: Group participation

Intent: Identification of legal issues arising in education, application of legal methodology, demonstration of research skills
Weight: 20%

Assessment task 2: Take-Home examination

Intent: Identification of legal issues, application of legal methodology, critical examination and application of comparative argument
Weight: 30%

Assessment task 3: Research Assignment

Intent: Identification of legal issues, critical examination and application of comparative argument in relation to legal issues arising in education, demonstration of skills in research and a professional approach to research, identification and evaluation of the need for policy changes and law reform
Weight: 50%

Required texts

“Law for Educators: School and University Law in Australia” Jackson & Varnham, LexisNexis Butterworths Australia (2007)

Recommended texts

  • “Schools and the Law” Butler & Mathews, Federation Press (2007)
  • “Restoring Safe School Communities”, Morrison, Federation Press (2007)

Other resources

Books

  • “The Law of Higher Education”, (UK) Farringdon & Palfreyman, Oxford University Press (2006)
  • “The Law of Higher Education" (4th Ed),(US), Kaplin & Lee, Jossey-Bass (2006)
  • “Health, Education and the Law”, (UK) Harris & Meredith (Eds), Ashgate Press (2005)
  • “Education, Law and Diversity” (UK) Harris, Hart Publishing (2007)
  • "The Legal Rights of Students with Disabilities: International Perspectives" (US) (2011), Rowman & Littlefields Publishers, Inc

Journals

  • The International Journal of Law and Education (previously the Australia and New Zealand Journal of Law and Education)
  • Australia and New Zealand Journal of Law and Education
  • Education and the Law (UK)
  • Education Law Journal (UK)

Additional material

  • United Nations Convention on the Rights of the Child 1991
  • Education Act 1990 (NSW)
  • Commonwealth Disability Standards for Education 2005

Useful Websites