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

Second Edition


January 2002 | 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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