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Avoiding Legal Hassles

Avoiding Legal Hassles
What School Administrators Really Need to Know

Second Edition

December 2001 | 136 pages | Corwin

A comprehensive quick reference that covers virtually every legal challenge faced by schools today

Veteran school administrators Bill Streshly and Larry Frase have taken their classic "quick reference" and combined it with the insight and experience of a practicing school attorney for a comprehensive, up-to-date reference that covers all the basics and more, including:

  • Education's legal framework
  • Making the system work for you
  • Understanding the direction of the changing law
  • The struggle for human rights: students, parents
  • Separation of church and state
  • Managing grades, tests, and student records
  • School discipline
  • School safety and security
  • Special education
  • Personnel management
  • Collective bargaining

… as well as new strategies for avoiding lawsuits and a highly useful "troubleshooting guide".

New to the Second Edition: Summaries and insights on the newest laws and trends in legislation … and now, for the first time, experienced administrators William Streshly and Larry Frase, join forces with John Walsh, a practicing attorney with extensive experience in school law, combining his knowledge of the judicial system with the needs of educators.

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

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ISBN: 9780761945307

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