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The Principal's Quick-Reference Guide to School Law

Reducing Liability, Litigation, and Other Potential Legal Tangles

Fourth Edition (Revised Edition)
By: Robert F. Hachiya

The Principal's Quick-Reference Guide to School Law provides the go-to help leaders need to navigate the complex legal aspects of today’s school.

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Product Details

Grade Level: PreK-12
ISBN: 9781071827772
Published By: Corwin
Year: 2022
Page Count: 376
Publication date: February 22, 2022

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Review copies may be requested by individuals planning to purchase 10 or more copies for a team or considering a book for adoption in a higher ed course. To request a review copy, contact sales@corwin.com.

Description

The go-to legal resource for today’s principals!

New technology and world events have upended everything we once took for granted about schools, including the laws and policies that govern them. School safety concerns, curriculum challenges, the ever-changing landscape of social media, and the 2020/2021 COVID-19 crisis have made school leadership an infinitely more complex arena. Familiarity with the law is essential to help principals maintain safe and equitable communities and minimize legal risk. The 4^th edition of The Principal's Quick-Reference Guide to School Law provides the go-to help principals need to increase their knowledge of education law in this time of change. Within its pages, leaders can access tools to help them make better decisions when educational law related issues impact their schools. Readers will find

A completely revamped design for easier reference
Practical examples to help demystify complex cases
Updated cases studies from 2014 to today
Guidance on new topics, such as vaping, sexting, student protests and walkouts
An "Education Law 101 for Teachers" section to help leaders provide basic legal training for staff and teachers.

Written for aspiring and current school principals, this book will answer all the “what if” questions that inevitably arise at least once in every leader’s tenure.

Author(s)

Robert F. Hachiya

Dr. Robert F. Hachiya is an associate professor in the education leadership department at Kansas State University. With twenty-seven years’ experience as a teacher, coach, assistant principal, and principal, Dr. Hachiya now teaches courses and advises graduate students at Kansas State University. Among the classes he teaches are Education Law, as well as Ethical Dimensions for Leadership; Principalship; Leadership for Diverse Populations; and History and Philosophy of Educational Administration. He joined the team of Robert J. Shoop and Dennis R. Dunklee for the third edition of this book and is now the sole author of the fourth edition.

Dr. Hachiya has presented across the country at several national conferences, including the National Association of Secondary School Principals (NASSP) National Convention in Philadelphia, Pennsylvania, regarding conducting sexting investigations, and in Boston, Massachusetts, on school violence prevention. In 2021, he presented at the Education Law Association Conference on the practical applications for principals regarding the Mahanoy Area School District v. B.L. decision of the United States Supreme Court. He has also presented papers or led discussions at conferences for the Education Law Association (ELA), the University Council for Educational Administration (UCEA), the International Council of Professors of Educational Leadership (ICPEL), and the Kansas United School Administrator (K-USA).

Dr. Hachiya received his BS degree from the University of Nebraska-Lincoln and his master’s and EdD degrees from the University of Kansas. He also did post-doctoral work at the School Law Institute at Teachers College, Columbia University.

Table of Contents

Preface and Advisement

Acknowledgments

About the Author

Introduction

1. The School and the Legal Environment

1a. The School’s Relationship to the Legal Environment

1b. Constitution Clauses and Amendments That Affect Education Practice

1c. Selected Federal Statutes That Affect Education Practice

1d. Supreme Court Rulings That Affect Education Practice

2. Preventive Law: Developing Risk and Crisis Management Programs

2a. Prevention and Risk Management

2b. Duty and Risk Management

2c. Working With the Media

3. Tort Liability

3a. The Law of Torts and the Concept of Negligence

3b. The Concept of Negligence and Its Application to Duty and Standards of Care

3c. Negligence, Duty, and Standards of Care in School Activities

3d. State-Created Danger and Deliberate Indifference

4. Students’ Rights

4a. Symbolic Expression

4b. Oral and Written Expression

4c. Privacy, Search, and Seizure

4d. Gender Identity

5. Technology and Social Media

5a. Student Technology Misconduct On and Off School Grounds

5b. Use of Technology to Monitor Students

6. Student Discipline

6a. Discipline Considerations for Principals

6b. Due Process

6c. Applying Discipline to Students

7. Sexual Harassment

7a. Origins of Sexual Harassment Prohibitions

7b. Definitions

7c. Title IX and Changing Guidance

7d. How to Handle Allegations and Complaints

7e. Additional Essential Topics of Focus

7f. Prevention

8. Special Education Services

8a. The Purpose and Historical Context of Special Education

8b. Key Terminology and Principles in Special Education Law

8c. Identification and Procedures for Students With Disabilities

8d. Disciplining Students With Disabilities

8e. Suggested Additional Resources

9. Program Management

9a. School Attendance

9b. Bilingual and Special Language Programs

9c. Religion in Public Schools

9d. The Marketplace of Ideas

9e. Health and Safety Issues

10. Copyright Law

10a. Sources of Copyright Law

10b. Copyright Protections

10c. Public Domain and Fair Use

10d. Minimizing Risk

11. Human Resources Management

11a. Human Resource Functions and Demands on Principals

11b. Important Laws Related to Human Resources

11c. Staff Selection

11d. Negligent Hiring, Defamation, and Referencing

11e. Examples of Management Cues

12. Teachers’ Rights

12a. Licensure and Employment Contracts

12b. Teachers’ Rights

12c. Teacher Discipline and Dismissal

12d. Hearings and Procedural Due Process

12e. Performance Evaluation

13. Education Law 101 for Teachers: Priorities for Professional Development

13a. Code of Ethics for Educators

13b. Teachers and Students

13c. Relationship With Administrators

13d. Teacher Protection in Practice

Table of Cases

References and Resources

Reviews

The fourth edition of The Principal’s Quick-Reference Guide to School Law is an excellent reference book for school practitioners and future school leaders. Robert Hachiya provides helpful guidance on how to prevent legal controversies and how to apply the law fairly and equitably when legal issues arise. The book is user-friendly, comprehensive, and succinct—which is not an easy balance to strike! You will appreciate having this informative book in your school law tool kit.

Martha M. McCarthy

This well-written book places a helpful lens on describing, predicting, and preventing the types of legal entanglements that school site administrators might face. The text skillfully weaves pertinent case law with well-chosen examples of real-life situations. It is the practical application of law that makes this book especially helpful for both students of administration and practicing principals. The fourth edition’s updated content includes legal challenges around transgender students, emerging issues with social media and schools, and new case law that directly impacts the action of school leaders. I’ve used previous editions of this text for introductory law classes, and students often note how much they appreciate this book and plan to keep it for future reference.

Barbara Hickman

The fourth edition of The Principal’s Quick-Reference Guide to School Law is an invaluable resource for improving the legal literacy of today’s school leaders. The new edition includes important legal updates that many existing school law guides do not cover, including the changing legal landscape of the use of social media by students and some of the legal issues impacting schools as a result of the ongoing COVID-19 pandemic. The book also addresses a myriad of legal issues from the unique perspective of school administrators and their need to make informed decisions serving the best interests of students and their staff. This is a must-have resource for school leaders who need to effectively navigate the complexities of legal issues impacting our schools.

Kevin P. Brady
Professor of Educational Leadership, University of Arkansas, Program Director, UCEA Center for the Study of Leadership and the Law, Adjunct Professor, Summer Principal’s Academy, Teachers College-Columbia University

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Related Resources

Access to companion resources is available with the purchase of this book.
Chapter 4: Students' Rights [Book Excerpt]