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Avoiding Legal Hassles
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Avoiding Legal Hassles
What School Administrators Really Need to Know

Second Edition


December 2001 | 136 pages | Corwin
Avoiding Legal Hassles, Second Edition addresses the legal issues facing schools and administrators. The book is both comprehensive and brief. It is comprehensive because it covers virtually every legal challenge faced by school schools today. It is brief because issues are summarized, emphasizing only the most important concepts. The book highlights major outcomes and court decisions regarding education, as well as outlines the laws which shape the actions of school boards and administration.

As the courts have recently ruled on many cases involving schools and their capability to accommodate students with special needs, this Second Edition book puts increased emphasis on the issues surrounding special education and students with disabilities. William A Streshly and Larry E Frase, two experienced school administrators, and John Walsh, a practicing attorney, combined their knowledge of the judicial system with the needs of educators to present a collection of quick reference summaries of the laws and how to apply them appropriately.

Fenwick W. English
Foreword
 
Preface
 
About the Authors
 
1. Education's Legal Framework
Making the System Work for You

 
Free Public Education: An American Ideal

 
The Role of the Federal Government

 
The Role of the State of Government

 
State Office of Education

 
The Role of the Intermediate Education Agencies

 
The Role of Local School Boards

 
Charter Schools

 
The Judicial System

 
Keeping Abreast of the Law in Education

 
Key Terms

 
References

 
 
2. Coping With the Major Issues
Understanding the Direction of the Changing Law

 
The Search for Equality

 
The Struggle for Human Rights: Students, Parents

 
Separation of Church and State

 
Key Terms

 
References

 
 
3. Laws Affecting Students
Compulsory Education: The Obligation and the Right to Attend Public Schools

 
Spotting Traditional Legal Problems in the Curriculum

 
Managing Grades, Tests, and Student Records

 
Key Terms

 
References

 
 
4. Planning for Good School Discipline
Planning a Team Approach

 
Developing Strong Board Policies

 
Designing Comprehensive Site Discipline Plans

 
Protecting Student Rights

 
Guaranteeing Due Process

 
Protecting Freedom of Speech

 
Using Proper Search and Seizure Procedures

 
Mass Searches and Locker Searches

 
Enforcing School Rules

 
Crimes on Campus

 
Administering Punishment Effectively

 
Key Terms

 
References

 
 
5. Making the Campus Safe
A Duty to Protect

 
Avoiding Negligence

 
Providing Adequate Supervision

 
Statute of Limitations and Administrative Claims

 
Dealing With Police

 
Athletic Program Liability

 
Physical Education Classes

 
Liability in Shop Classes

 
Liability in Science Labs

 
Liability on Playgrounds

 
Dealing With Loiterers and Other Outsiders

 
Key Terms

 
References

 
 
6. Administering Special Education: The Question of Equal Access
Education for All Handicapped Children Act

 
School Year for the Disabled

 
IQ Tests for Placement

 
Key Terms

 
References

 
 
7. Coping With Legal Problems in Personnel Management
Hiring Professional Staff

 
Teacher Evaluation

 
Tenure

 
Due Process Rights of Employees

 
Personnel Files

 
Contracts and Salary

 
Worker's Compensation

 
Key Terms

 
 
8. Avoiding the Legal Pitfalls of collective Bargaining
The Legal Foundations of Collective Bargaining

 
The Negotiating Process

 
Alternatives to Adversarial Bargaining

 
Contract Management and Grievance Procedures

 
Key Terms

 
References

 
 
9. Strategies to Avoid Lawsuits
Planning With the Courts in Mind

 
Risk Management

 
The Role of the Principal in Risk Management

 
Key Terms

 
References

 
 
Troubleshooting Guide

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ISBN: 9780761945307