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Avoiding Legal Hassles

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
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


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


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


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


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


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


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

Teacher Evaluation


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


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

Risk Management

The Role of the Principal in Risk Management

Key Terms


Troubleshooting Guide

For instructors

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ISBN: 9780761945307