Choice 2 (If your area of study or work is Higher Education)

Distinguish between law and policy within postsecondary institutions. What is campus
common law and what role does it have in regard to the policies of higher education laws and
policies? Provide one or more examples. Do state laws regarding education apply to higher
education as well as to PK-12? Be sure to cite relevant case law in your responses.
***Remember to also include the title of the case in your reference list. For example,
Trustees of Dartmouth College v. Woodward, 17 U.S. 518 (1819).
Introduction and Thesis Statement
The discourse surrounding law and policy within PK-12 as well as postsecondary institutions
is interesting and important. Anyone invested in education should be aware of state laws to
protect themselves and enforce their rights and responsibilities with due diligence. This
discussion will distinguish between law and policy within postsecondary institutions before
explaining what campus common law is, and briefly mentioning its role regarding the
policies of higher education laws and policies. Lastly, this discussion will examine how state
education laws apply to higher education and to PK-12 settings using relevant case laws.
Law and Policy in HE
Law (legal issues) and policy (policy issues) in higher education are interdependent and
inform the work of administrators, policy makers and lawyers alike. The relationship between
law and policy, though divergent, is best handled considering its interconnectedness. Kaplin
et al. (2020) asserts that policy must be made and resolved within the applicable laws. One
way in which law and policy are distinguished is based on how each is stated and presented.
For example, legal issues are stated and analyzed using the legal system whereas policy
issues are handled by administrators and policymakers using principles of administration and
management, social and physical sciences, ethics, and other applicable disciplines.
Additionally, Kaplin et al. (2020) posited that “the two fundamental questions to ask are,
“What are the institutional policy or public policy issues presented? and “What are the legal
issues presented?”. Laws and policy in higher education institutions therefore serve as a
guide to help students, faculty, and other staff members.
Role of Campus Common Law
According to Kaplin et al. (2020), campus common law, also known as academic custom and
usage, is the common practices and understandings in each institution. It is not usually in
written form and if it is, it typically appears in institutional documentation such as policy
statements from speeches, internal memoranda, and the like. Furthermore, Kaplin et al.
(2020), highlighted the importance of campus common law and policy, such as to guide
decision-making, supplement contractual understanding, set clear expectations for the
academic community and the institution. Since campus common law guides decision making
it “does not displace formal institutional rules and regulations, but supplements them, helping
the decision maker and the parties in the situation where rules and regulations are ambiguous
or do not exist for the particular point at issue” (Kaplin et al., 2019, p. 23).
An example where the influence of campus common law on higher education policies is
obvious in the course syllabus. For example, at Keiser University, the syllabus outlines
guidelines for late assignments and academic honesty. According to the policy, late
submissions can result in lower grades, whereas instances of plagiarism may constitute a
breach of academic integrity and may result in disciplinary measures such as resubmission
for a lower grade or even expulsion from the university, depending on the severity of the
infraction.

Do state laws regarding education apply to higher education as well as to PK-12? Be sure to
cite relevant case law in your responses.
All students in both lower and higher educational institutions have rights and educational
institutions are prohibited from violating these civil rights; as in Hosty v. Carter (First
Amendment Rights of Freedom of Speech Violated); Brown. V. Board of Education (Equal
Protection Clause of the Fourteenth Amendment); and New Jersey v. T.L.O. (Students’
Rights- Violated- Fourth Amendment). Accordingly, courts issue several judgments involving
similar cases from lower and higher educational settings each year. Kaplin et al. (2020)
contend that cases concerning elementary and secondary education can relate to
post-secondary education since these case laws provide much school for thought. However,
since each case is unique, it cannot be universally applied, without consideration based on
differences in organizational structure, missions, and the population they serve.
Furthermore, laws like the Elementary and Secondary Education Act of 1965 (ESEA), focus
on PK-12 education, but higher education institutions also adhere to provisions related to
student privacy rights, disability discrimination, and civil rights protections. For example, the
case of Keyishian v. Board of Regents, 385 U.S. 589 (1967), where the Supreme Court
highlighted the importance of academic freedom in higher education. Likewise, the
Individuals with Disabilities Education Act guarantees that students with disabilities in
PK-12 and those in higher education settings receive appropriate service. The case laws
presented above were all monumental and serve as a beacon of light to our society, ensuring
equity in education and justice for all.