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The Principal's Quick-Reference Guide to School Law
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The Principal's Quick-Reference Guide to School Law
Reducing Liability, Litigation, and Other Potential Legal Tangles

Third Edition

Other Titles in:
Legal Issues | Principalship

April 2014 | 432 pages | Corwin

The go-to legal resource for principals, fully updated!

How often does a potential legal concern arise at your school? Familiarity with the law helps principals maintain safe and equitable school communities and minimize legal risk. Expanded and updated, this trusted resource provides clear and helpful guidance from a team of respected school-law experts. 

The authors give an overview of key court cases that have shaped today’s school laws and then describe how to prepare for and appropriately handle sensitive situations. This third edition includes substantive new information that shows principals how to
  • Address student use and misuse of technology, on and off campus
  • Avoid the pitfalls of zero-tolerance discipline policies
  • Lead school safety and violence prevention initiatives, including collaborating with school resource officers and other personnel
  • Prevent and respond to bullying incidents
  • Stay current with special education requirements
  • Ensure that employment and evaluation practices reflect the law

This valuable reference supports your sound decision-making, helping you uphold the law and protect your school community.

“Hachiya, Shoop, and Dunklee make a distinct contribution to the field. Rather than a review of legal cases, the book addresses risk management. This approach to the legal aspects of the day-to-day operations of a school is a useful planning guide as well as a resource when questions arise.”
—Cynthia Church, Principal
G. Stanley Hall Elementary School, Glendale Heights, IL

“The examples, vignettes, and cases are extremely helpful in assisting principals to accurately implement statutory law and case law in public school settings. It also has a unique design that can assist practicing school administrators deal with legal issues but not require the school administrator to become a lawyer."
—Thomas J. McCormack, Professor and Chair of Counseling, Foundations, and Leadership
Columbus State University

 
Preface and Advisement
 
About the Authors
 
Introduction
 
1. Preventive Law: Developing Risk and Crisis Management Programs
 
2. The School and the Legal Environment
Section A: Foundations of the School's Relatinoship to the Legal Environment  
Section B: Clauses of and Amendments to the US Constitution That Affect Education Practice  
Section C: Landmark Supreme Court Rulings That Affect Education Practice  
Section D: Highlights of Selected Portions of Federal Statutes That Affect Education Practice  
Section E: Workers' Compensation  
Section F: Legal Status of School Choice  
Section G: Statute of Limitations on Federal Cases  
 
3. Constitutional and Statutory Foundations of Staff Selection, Contracting, and Evaluation
Section A: Equal Employment  
Section B: Staff Selection  
Section C: Negligent Hiring, Defamation, and Referencing  
Section D: Performance Evaluation  
 
4. Teachers' Rights
Section A: Licensure and Employment Contracts  
Section B: Teachers' Rights  
Section C: Teacher Behaviors  
 
5. Students' Rights
Section A: Students' Rights to Symbolic Expression  
Section B: Students' Rights to Oral and Written Expression  
Section C: Students' Rights Related to Privacy, Search, and Seizure  
Section D: Students' Rights of Freedom to Assembly  
 
6. Student Discipline
Section A: Exclusion From School  
Section B: Corporal, Reasonable, and Excessive Punishment, Intentional Torts  
Section C: Disciplining Students for Acts Off School Grounds  
Section D: Liability for the Violation of Student Rights  
Section E: Zero Tolerance  
 
7. Principal's Role in Special Education Services
Section A: Key Terminology and Principles in Special Education Law  
Section B: Special Education Procedures  
 
8. Academic Issues and Student Records
Section A: Grade Assignment, Grade Reduction, Minimum Competency Tests  
Section B: Participation in Extracurricular Activities  
Section C: Student Records  
 
9. Copyright Law
 
10. Search and Seizure
 
11. Program Management
Section A: School Attendance  
Section B: Bilingual and Special Language Programs  
Section C: Religion in Public Schools  
Section D: "The Marketplace of Ideas"  
Section E: Health and Safety Issues  
 
12. Students' Use of Technology, Social Media, and Other Emerging Cyber Issues
Section A: Students' Right to Possess Electronic Devices and School District Ability to Search for and Within Electronic Devices  
Section B: Student Misconduct Using Technology On and Off School Grounds  
Section C: Cyber-Bullying and Harassment  
Section D: The Use of Technology by Schools to Monitor Students  
 
13. Sexual Harassment
 
14. Danger Creation
 
15. Duty and Standards of Care: Liability for Negligence
Section A: The Law of Torts and the Concept of Negligence  
Section B: The Concept of Negligence and its Application to Duty and Standards of Care  
Section C: The Concepts of Negligence, Duty, and Standards of Care and Their Application to Proper Instruction, Proper Supervision, Proper Maintenance, Field Trips, Post-Injury Treatment, Athletic Liability, and Spectator Safety  
 
Index

“Hachiya, Shoop, and Dunklee make a distinct contribution to the field. Rather than a review of legal cases, the book addresses risk management. This approach to the legal aspects of the day-to-day operations of a school is a useful planning guide as well as a resource when questions arise. I referenced other copies of my school law books and found this book to be the most useful for my role as a school principal.”

Cynthia Church, Principal
G. Stanley Hall Elementary School, Glendale Heights, IL

"This book vastly exceeded our expectations as both a quality school law textbook and a legal reference book. It is one of the most complete school law texts available, covering the important legal issues of the day. It is an excellent resource for practicing school leaders to utilize in their efforts to develop, implement, and maintain risk management initiatives.  The examples, vignettes, and cases are extremely helpful in assisting principals to accurately implement statutory law and case law in public school settings.  It also has a unique design that can assist practicing school administrators deal with legal issues but not require the school administrator to become a lawyer."

Dr. Thomas J. McCormack,Professor and Chair of the Counseling, Foundations, and Leadership Department
College of Education and Health Professions, Columbus State University
Key features

Topics to be covered include:

  • Staff selection contracting and evaluation
  • Student rights and student discipline
  • Special education
  • Copyright law
  • Search and seizure
  • Sexual harassment

Sample Materials & Chapters

Preface

Chapter One


Preview this book

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ISBN: 9781483333335
$48.95

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