Avoiding Legal Hassles 2/e

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. English Preface 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 References 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 References 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 References 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 References 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 References 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 References 7. Coping With Legal Problems in Personnel Management Hiring Professional Staff Teacher Evaluation Tenure 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 References 9. Strategies to Avoid Lawsuits Planning With the Courts in Mind Risk Management The Role of the Principal in Risk Management Key Terms References Troubleshooting Guide