Trial narration script for HE520 Unit 1

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Trial narration script for HE520 Unit 1 
Good day,

This is an instructional unit for new Masters program. We're moving towards the use of multimedia, emphasizing text less and less. The script is below with the specifics. We'll take the audio file and associate it with a synchronized series of Flash files.

Will need price estimates so we can budget for the balance of course materials; will have a dozen or more of these in the next two weeks.

Thanks for taking a look.

I just need the audio file (WAV, if possible); I'll do post-production...

Word count: 2308. 
2007-09-25 17:23:45 GMT
2007-09-28 15:00:00 (GMT -05:00) Eastern Time (US & Canada) 
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HE520 – Unit 1

HE520 Unit 1: Higher Ed Laws and Regulations

Welcome to Higher Education 520, Unit 1
Higher Education in the US: Overview of Higher Education Law


In Unit 1, you’ll learn how to:

Compare the fundamental differences in government influence on public and private institutions

Compare various state constitutions and statutes regarding the establishment and governance of institutions of higher education.

And, analyze how the fundamental sources of law relate to postsecondary education.

These learning objectives are linked to Bloom’s Taxonomy at this linked site.

Overview: The Public-Private Dichotomy

The public-private dichotomy represents a critical distinction that has a long history in education law and underlies many of your future readings and discussion questions. Although government maintains significant authority in regulating private education, state governments have less authority over private institutions than public institutions. Conversely, the federal government has tended to apply its authority equally to public and private education, or has left the authority over public institutions to the states.

More importantly, private institutions are not subject to the constraints of the federal Constitution as fully as public institutions. As the Constitution was designed to provide limits on government power, it does not have authority over private institutions in impinging on free speech, equal protection, and due process.

There are several important considerations to be aware of in understanding the pervasiveness of the public-private dichotomy.

First, the relative freedom afforded private institutions regarding discrimination is often preceded by the constraints of federal and/or state statutes.

Second, the line that separates public and private is often unclear and remains the subject of great debate.

This debate is often at the heart of applying the critical doctrine of state action.

Overview: Chronicle

Today, higher education faculty and administrators are faced with an ever-growing list of legal issues and challenges. Keeping up with current developments and requirements related to educational law can be a job unto itself. Subscribing to professional journals, and newspapers -- such as Chronicle of Higher Education -- can help you keep abreast of recent developments and court cases.

Find subscription information here...

Overview: Sources of Law I

Colleges and universities are organized under the legal basis of constitutions, statutes, and "judge made" law, with local decisions stemming from the interpretation of broader laws.

Look at the sources of law like a "chain of command" with the Bill of Rights at the top and individual institutions’ policies at the bottom. This chain includes the:

Bill of Rights
Federal Constitution
State Constitution
State Statutes
University/College Policy

Overview: Sources of Law II

Constitutions are basic at both the federal and state levels of government. They are best characterized by their explicit provisions for securing fundamental rights such as life, liberty, and the pursuit of happiness.

The Tenth Amendment of the U.S. Constitution, for example, delegates education as the responsibility of the states, with the federal government serving in an advisory role. As such, state constitutions establish legislative authority over education, and the power of the state rests in statutory framework creating the public education institutions.

Overview: Sources of Law III

Statutes are acts of the government that express legislative will and constitute state law. They carry with them the full weight of the elected representatives of the people. Public colleges and universities are dependent upon statutes enacted by state legislatures.

The policies of individual institutions are derived from statutory and common law. Interpreting the laws and determining their limits and application -- as they pertain to individual rights and freedoms -- is the basis of court law.

Overview: The Court System

Courts have maintained the doctrine of separation of powers and do not generally question the judgment of other branches of government. Courts assume that legislative and administrative actions are not arbitrary or capricious. Nevertheless, court intervention is often necessary in the interpretation and application of the laws.

As we look at case law that has directly impacted our higher education system, it is important to note the level and process of court decisions. The court system operates in a hierarchy within the federal and state systems. While the state and federal systems operate in a similar manner with lower, intermediate appeals, and supreme courts, states are not consistent with the names given to each level of court.

Overview: Federal, State & Local Government

Despite the fact that the U.S. Constitution does not mention education, the federal government believes that the welfare of the state (i.e., the nation) is dependent on the ability of the people to properly exercise their democratic prerogative. Therefore, education is delegated to the states according to the Tenth Amendment. Based upon this Amendment, the federal government’s control over education is secondary to the power exercised by the states. While a state can create, organize, employ and dismiss personnel, prescribe curriculum, establish and enforce accreditation standards, and govern management and operation functions in the schools, the federal government can nonetheless intervene under certain circumstances.

In most states, the state constitution is very specific in establishing an educational framework and establishing administrative agencies to help implement and administer public policy -- including governing the management, control, operation, administration, and supervision of schools.

Introduce Yourself I

Before you begin your work in this course, use this Unit's Discussion page to get acquainted with your classmates and your instructor. Here are some questions to help you introduce yourself:

What is your name? Do you have a nickname you prefer? Interests? Hobbies?

Where do you live? (City or geographical area is fine...)

Do you have a picture of yourself that you'd like to share on our Course Map? (this is voluntary)

Why have you enrolled in this course? What do you hope to get out of it?

Introduce Yourself II

Other questions relate to you as a professional...

What prior knowledge do you have related to the content of this course?

Do you have prior work experience in an educational leadership role? Did you face any situations that demanded knowledge of higher education law?

What are your career goals? Do you think this course will help you achieve them?

Share your thoughts and previous experiences concerning online courses.

Please log on and contribute to the threaded chat early this week; we'll be taking some of this information and adding it to our Course Map.

If you'd like to add an audio introduction to the Course Map, click on the Audio Introduction link. If you prepare an introduction, email it via the Mail It! link.

Key Concepts

These are important terms and ideas for you to understand as part of this Unit. We recommend that you write out the definitions and use the terminology in your contributions to the threaded discussions and in your other course work. You will find that these terms will be useful in other courses as well.

in loco parentis
academic custom and usage
public-private dichotomy
state action
Establishment Clause
Free Exercise Clause
compelling interest
Religious Freedom Restoration Act (RFRA)
Lemon Test
Internal governance
External governance

Key Cases

There are a number of Key Cases in this Unit:

Dartmouth College v. Woodward
Widmar v. Vincent
Bob Jones University v. United States, and
Lemon v. Kurtzman

Path to Completion

Here are the assignments and activities scheduled for this week...

Complete required readings
Review and learn key concepts
Review and learn the significance of key cases
Participate in the discussions
Read the Final Paper Proposal assignment
Familiarize yourself with the IRAC Scenario Analysis, as an analysis is due in Weeks 2 and 4.

Required Readings

These are the required readings for this week:

Chapter 1 provides the basic concepts and distinctions in the governance of higher education law. It also provides an overview of the sources of higher ed law, the public-private dichotomy, and issues involving religious institutions.

This chapter provides an overview of the various issues that will be explored in the rest of this course, including faculty tenure and collective bargaining, and student issues like admissions and student rights.

Final Paper | Proposal

There is a Final Paper due in this course during Unit 8, but the Proposal for that paper is due in Unit 5.

For detailed instructions on completing the Final Paper, read Final Paper in Unit 1, on eCollege.

For your Final Paper Proposal you must include the following:

Chosen scenario and a brief description of why you chose this particular scenario.

Lists of the cases you will include in your Final Paper. This list must be comprehensive, including both the cases that support and refute your position.

Note: If you chose Scenario #5 Open Option, you must include a description of your hypothesized scenario, including all of the facts involved and the position you will take.

Final Paper | IRAC Scenario Analysis

As part of your Final paper, and in both Units 2 and 4, you will write an IRAC Scenario Analysis paper.

In each unit you will examine a given scenario and complete a legal analysis relevant to the scenario.

A detailed IRAC overview can be found on eCollege.

Read the scenario provided in the unit carefully. Each scenario touches on several higher education law issues that require your study.

Identify at least two issues per scenario that you’ll need to examine. For each issue, develop a paper that follows this IRAC template:

Issue: Identify an issue that applies to the scenario; state this in question form.

Rule: Determine which rule that is applicable to the issue. Find major cases that apply; summarize each using a legal briefing format, the templates for which are provided on eCollege. Use the information from your brief to describe what the courts said about the rule.

Analyze: After determining the rule, you’ll then provide an analysis of how this rule applies to the issue. This is the heart of your paper because you are developing an answer to the question you presented as your issue.

Conclude: Directly answer the question that was presented as the issue in your paper.

Then, repeat the above steps for each issue that applies to the scenario.

A sample of a complete IRAC scenario analysis -- with the supporting legal briefs -- is available on eCollege, at the links at the bottom of this page.

Discussion Question 1

Each week you’ll be engaged in a threaded discussion with your peers and your instructor. In the threaded discussion page for this Unit, draw from your readings and personal and professional experiences to answer the following questions.

Remember that this is a discussion, so keep responses succinct and to the point. Return later, review your peers’ comments, then respond to them.

This weeks’ first question:

You are the vice president of a private university speaking to your freshman class.

Describe and discuss the fundamental differences in government influence on public and private institutions.

Discuss how these differences might affect policies and procedures at both public and private institutions.

Provide good examples for discussion.

Discussion Question 2

This weeks’ second question:

Investigate your state’s constitution and statutes regarding the establishment and governance of institutions of higher education.

Cite the statute or constitutional provision governing higher education in your state.

Give a brief overview of the system of governance for institutions of higher education. For example, are boards of higher education established?

This spreadsheet will be used in HE 530 Higher Education Organization and Governance as well.

Progress Check and Comp Review

For each Unit, you’ll be asked a series of questions. You don’t have to submit these; rather, respond and save the answers on your computer (don’t forget to back up all your files on a routine basis!). Answering these questions on a routine basis will help you review for your comprehensive exam. Each question is a key building block in creating a proper STUDY GUIDE for your comprehensive exam, which you are required to take after completing your core courses.

Note: These questions are not comprehensive exam questions, and they do not reflect the level of depth of such questions. However, studying these will be very helpful for preparing for your comprehensive exam.

What does the term in loco parentis mean? What is its effect on institutions of higher education? How has this meaning changed over time?

What is the common law? How does it relate to statutory or constitutional law?

What is the public-private dichotomy? List four areas of higher education that are most affected by it.

Describe the state action doctrine and how it applies to institutions of higher education.

What is the relationship between federal and state control of higher education?

Self-Assessment I

What’s a Self-Assessment?

A self-assessment is different from a quiz or test. Self-assessments are used to consolidate some of the things that you’ve learned in this unit. Also, they are designed to help you differentiate between the important unit ideas that you understand and those that you haven’t yet mastered.

Are Self-Assessments graded?

A self-assessment is different from a quiz or test in that it is not graded; rather, self-assessments are used for practice and review.

Where do I find the Self-Assessment for this Unit?

Go here, or turn to the next page...

Looking Ahead

This week...
We learned about the public-private dichotomy and discussed constitutional issues related to the establishment and governance of higher education institutions. You explored the process for drafting and disseminating a policy. You started thinking about your topic for the course paper and learned about the IRAC scenario analysis you will be doing in units two and four. You started your study guide by answering the questions in the comprehensive exam review section.

Next week...
We’ll be discussing the kinds of rights provided to faculty and employees under state and federal statutes as well as through the employment contract. Included in unit two will be discussions of due process, liberty and property interests. You will have the opportunity to do your first IRAC scenario analysis for this course.
Script for auditioning purposes:

In Unit 1, you’ll learn how to:

Compare the fundamental differences in government influence on public and private institutions

Compare various state constitutions and statutes regarding the establishment and governance of institutions of higher education.

And, analyze how the fundamental sources of law relate to postsecondary education. 
Please note that you should only use the script or your recording of it for auditioning purposes. The script is property, unless otherwise specified, of the voice seeker and it is protected by international copyright laws.

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