Avoiding Legal Hassles

William A. Streshly is Emeritus Professor of Educational Leadership in the College of Education at San Diego State University (SDSU). Prior to coming to SDSU in 1990, he spent 25 years in public school administration, including five years as principal of a large suburban high school and 15 years as superintendent of several California school districts varying in size from 2,500 to 25,000 students. In addition to his numerous publications in the professional journals, Dr. Streshly is author or co-author of five practical books for school leaders, The Top Ten Myths in Education, Avoiding Legal Hassles (two editions), Teacher Unions and Quality Education, Preventing and Managing Teacher Strikes, and From Good Schools to Great Schools: What Their Principals Do Well.Currently, Professor Streshly is a Senior Lead Auditor for Curriculum Management Systems, Inc., an affiliate of Phi Delta Kappa International. He has audited the instructional operations of more than 40 school districts in 16 states. His intense interest in the role of effective school leadership stems from his own extensive experience as well as his in-depth observation of the work of hundreds of practicing school principals across the country.Larry E. Frase was professor and department chair of educational leadership in the College of Education at San Diego State University. He was a former superintendent of schools of the Catalina Foothills District in Tucson, Arizona, and is the author, coauthor, or editor of 23 books and 80 professional journal articles. His books include Top Ten Myths in Education; School Management by Wandering Around; and Teacher Compensation and Motivation. He is also coauthor of Walk-Throughs and Reflective Feedback for Higher Student Achievement. He has presented papers at AERA and UCEA. He is a senior lead auditor, having led curriculum audits of 32 school systems, including Oakland, California, and Baltimore, Maryland. Frase earned his EdD at Arizona State University.

• Foreword - Fenwick W. EnglishPrefaceAbout the Authors1. Education′s Legal FrameworkMaking the System Work for YouFree Public Education: An American IdealThe Role of the Federal GovernmentThe Role of the State of GovernmentState Office of EducationThe Role of the Intermediate Education AgenciesThe Role of Local School BoardsCharter SchoolsThe Judicial SystemKeeping Abreast of the Law in EducationKey TermsReferences2. Coping With the Major IssuesUnderstanding the Direction of the Changing LawThe Search for EqualityThe Struggle for Human Rights: Students, ParentsSeparation of Church and StateKey TermsReferences3. Laws Affecting StudentsCompulsory Education: The Obligation and the Right to Attend Public SchoolsSpotting Traditional Legal Problems in the CurriculumManaging Grades, Tests, and Student RecordsKey TermsReferences4. Planning for Good School DisciplinePlanning a Team ApproachDeveloping Strong Board PoliciesDesigning Comprehensive Site Discipline PlansProtecting Student RightsGuaranteeing Due ProcessProtecting Freedom of SpeechUsing Proper Search and Seizure ProceduresMass Searches and Locker SearchesEnforcing School RulesCrimes on CampusAdministering Punishment EffectivelyKey TermsReferences5. Making the Campus SafeA Duty to ProtectAvoiding NegligenceProviding Adequate SupervisionStatute of Limitations and Administrative ClaimsDealing With PoliceAthletic Program LiabilityPhysical Education ClassesLiability in Shop ClassesLiability in Science LabsLiability on PlaygroundsDealing With Loiterers and Other OutsidersKey TermsReferences6. Administering Special Education: The Question of Equal AccessEducation for All Handicapped Children ActSchool Year for the DisabledIQ Tests for PlacementKey TermsReferences7. Coping With Legal Problems in Personnel ManagementHiring Professional StaffTeacher EvaluationTenureDue Process Rights of EmployeesPersonnel FilesContracts and SalaryWorker′s CompensationKey Terms8. Avoiding the Legal Pitfalls of collective BargainingThe Legal Foundations of Collective BargainingThe Negotiating ProcessAlternatives to Adversarial BargainingContract Management and Grievance ProceduresKey TermsReferences9. Strategies to Avoid LawsuitsPlanning With the Courts in MindRisk ManagementThe Role of the Principal in Risk ManagementKey TermsReferencesTroubleshooting Guide