This book gives principals the tools they need to avoid lawsuits by teaching their staff the information they need to practice preventive law. Lawsuits often begin when teachers unintentionally violate students' rights such as searching a student's cell phone without reasonable suspicion or failing to follow a student's Individualized Education Program. These violations do not occur because teachers intend to break the law. They occurred because the vast majority of teachers are not required to learn about the rights and responsibilities of students and teachers in their teacher preparation programs. As a result, most teachers get their legal information from the "law school" of the teachers' lounge--that is, from colleagues who are similarly uninformed and misinformed. Instead, what teachers want and need is an in-service program that will provide them with a basic understanding of school law. But most busy principals don't have the time, knowledge and resources to provide such a program for their staff. This book will meet this critical, unmet need. It provides principals with the resources and lesson plans they need to incorporate school law into their professional development program. As a result, their teachers will get their information about school law from a reliable source - not from the rumors, fears and myths of the teachers' lounge. By empowering their teachers with legal knowledge, principals and teachers will avoid lawsuits by becoming partners in the practice of preventive law.
`The authors have taken a topic which could cover volumes, and produced a concise, easily understood desk reference which I have already used on the job.′ -Stephen Harding, Principal Terry High School, MS Minimize site-based risk while respecting the legal rights of students, staff, and parents! Principals deal with complicated and potentially damaging legal issues every day . . . and now there′s an accurate, accessible tool, written in plain English that can give administrators the information they need to do their jobs while minimizing legal risk. While retaining the reader-friendly format from their first edition, Dennis R. Dunklee and Robert J. Shoop-recognized school law experts-provide additional programmatic guidance for other school district personnel, "management cues" and "risk management guidelines," a comprehensive index, additional references to landmark court cases, coverage of the No Child Left Behind Act, and information on state-created danger and deliberate indifference. This second edition helps school administrators quickly find important legal guidance for issues that include Staff selection and evaluation Student rights and discipline Special education and the reauthorized IDEA Copyright law Search and seizure Sexual harassment and sexual exploitation And many more This essential desk reference offers a straightforward resource on translating school law into practice and can be used as a day-to-day reference guide or a comprehensive overview of school law today.
The Principal's Hot Seat features video footage of aspiring who are challenged to think on their feet and respond to agitated teachers, angry students, and irate parents in a way that reflects their knowledge of the law, school leadership standards and their own styles. In addition to DVD, the book features background information and a complete transcript of the conversation, allowing for careful analysis of the principal's performance.
Everyone seeks to avoid getting into a lawsuit, but what do you do if this does happen? Getting sued for medical malpractice is one of the most traumatic events of a physician's career. This text will guide doctors and physicians through the process from the moment they receive a summons until the after-trial appeal process. Containing valuable information that physicians need to know to prevent making critical mistakes that can hurt their case With strategies explained to maximize their chances of a defendant's verdict. Including vital information on how to change your attorney, act at the deposition and dress for court, Navigating through what is a mysterious and terrifying process in non-legalese language that is easy to understand including what makes patients angry, strategies for coping, sample questions and tips on answering them to what happens in court and how to continue if there is a bad outcome.
Reprimand a class comic, restrain a bully, dismiss a student for brazen attire--and you may be facing a lawsuit, costly regardless of the result. This reality for today's teachers and administrators has made the issue of school discipline more difficult than ever before--and public education thus more precarious. This is the troubling message delivered in Judging School Discipline, a powerfully reasoned account of how decades of mostly well-intended litigation have eroded the moral authority of teachers and principals and degraded the quality of American education. Judging School Discipline casts a backward glance at the roots of this dilemma to show how a laudable concern for civil liberties forty years ago has resulted in oppressive abnegation of adult responsibility now. In a rigorous analysis enriched by vivid descriptions of individual cases, the book explores 1,200 cases in which a school's right to control students was contested. Richard Arum and his colleagues also examine several decades of data on schools to show striking and widespread relationships among court leanings, disciplinary practices, and student outcomes; they argue that the threat of lawsuits restrains teachers and administrators from taking control of disorderly and even dangerous situations in ways the public would support. Table of Contents: Preface 1. Questioning School Authority 2. Student Rights versus School Rules With Irenee R. Beattie 3. How Judges Rule With Irenee R. Beattie 4. From the Bench to the Paddle With Richard Pitt and Jennifer Thompson 5. School Discipline and Youth Socialization With Sandra Way 6. Restoring Moral Authority in American Schools Appendix: Tables Notes Index Reviews of this book: This interesting study casts a critical eye on the American legal system, which [Arum] sees as having undermined the ability of teachers and administrators to socialize teenagers...Arum, it must be pointed out, is adamantly opposed to such measures as zero tolerance, which, he insists, often results in unfair and excessive punishment. What he wisely calls for is not authoritarianism, but for school folks to regain a sense of moral authority so that they can act decisively in matters of school discipline without having to look over their shoulders. --David Ruenzel, Teacher Magazine Reviews of this book: Arum's book should be compulsory reading for the legal profession; they need to recognise the long-term effects of their judgments on the climate of schools and the way in which judgments in favour of individual rights can reduce the moral authority of schools in disciplining errant students. But the author is no copybook conservative, and he is as critical of the Right's get-tough, zero-tolerance authoritarianism as he is of what he eloquently describes as the 'marshmallow effect' of liberal reformers, pushing the rules to their limits and tolerating increased misconduct. --John Dunford, Times Educational Supplement [UK] Reviews of this book: [Arum] argues that discipline is often ineffective because schools' legitimacy and moral authority have been eroded. He holds the courts responsible, because they have challenged schools' legal and moral authority, supporting this claim by examining over 6,200 state and federal appellate court decisions from 1960 to 1992. In describing the structure of these decisions, Arum provides interesting insights into school disciplinary practices and the law. --P. M. Socoski, Choice Reviews of this book: Arum's careful analysis of school discipline becomes so focused and revealing that the ideological boundaries of the debate seem almost to have been suspended. The result is a rich and original book, bold, important, useful, and--as this combination of attributes might suggest--surprising...Many years in the making, Judging School Discipline weds historical, theoretical, and statistical research within the problem-solving stance of a teacher working to piece together solutions in the interest of his students. The result is a book that promises to shape research as well as practice through its demonstration that students are liberated, as well as oppressed, by school discipline. --Steven L. VanderStaay, Urban Education Reviews of this book: [Arum's] break with education-school dogma on student rights is powerful and goes far toward explaining why so many teachers dread their students--when they are not actually fighting them off. --Heather MacDonald, Wall Street Journal
The go-to legal resource for principals, fully updated! How often does a potential legal issue arise at your school? Now in an expanded third edition, this trusted resource provides clear and helpful guidance from a team of respected school-law experts. Substantive new information 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, including collaboration 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
Enables non-attorneys in the construction industry to understand how the construction process and law interact in order to resolve disputes without going to court. Analyzes specific issues concerning contracts, subcontracting, tort claims, insurance and bonds. Recommends strategies for avoiding or terminating litigation if a claim arises. Includes actual case studies and a complete reference of relevant AIA, EJCDC and NSPE documents.
Minimize site-based risk while respecting the legal rights of students, staff, and parents Principals deal with complicated and potentially damaging legal issues every day . . . and now there's an accurate, accessible tool, written in plain English that can give administrators the information they need to do their jobs while minimizing legal risk. Dennis R. Dunklee and Robert J. Shoop-recognized school law experts-provide additional programmatic guidance for other school district personnel, "management cues" and "risk management guidelines," a comprehensive index, additional references to landmark court cases, coverage of the No Child Left Behind Act, and information on state-created danger and deliberate indifference. This new edition helps school administrators quickly find important legal guidance for issues that include: Staff selection and evaluation Student rights and discipline Special education and the reauthorized IDEA Copyright law Search and seizure Sexual harassment and sexual exploitation ...and many more This essential desk reference offers a straightforward resource on translating school law into practice and can be used as a day-to-day reference guide or a comprehensive overview of school law today.
