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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

Fourth Edition (Revised Edition)


February 2022 | 376 pages | Corwin

The go-to legal resource for today’s principals!

New technology and world events have upended everything we once took for granted about schools, including the laws and policies that govern them. School safety concerns, curriculum challenges, the ever-changing landscape of social media, and the 2020/2021 COVID-19 crisis have made school leadership an infinitely more complex arena. Familiarity with the law is essential to help principals maintain safe and equitable communities and minimize legal risk. The 4th edition of The Principal's Quick-Reference Guide to School Law provides the go-to help principals need to increase their knowledge of education law in this time of change. Within its pages, leaders can access tools to help them make better decisions when educational law related issues impact their schools.  Readers will find

  • A completely revamped design for easier reference
  • Practical examples to help demystify complex cases
  • Updated cases studies from 2014 to today
  • Guidance on new topics, such as vaping, sexting, student protests and walkouts
  • An "Education Law 101 for Teachers" section to help leaders provide basic legal training for staff and teachers.

Written for aspiring and current school principals, this book will answer all the “what if” questions that inevitably arise at least once in every leader’s tenure.


 
Preface and Advisement
 
Acknowledgments
 
About the Author
 
Introduction
 
1. The School and the Legal Environment
 
1a. The School’s Relationship to the Legal Environment
 
1b. Constitution Clauses and Amendments That Affect Education Practice
 
1c. Selected Federal Statutes That Affect Education Practice
 
1d. Supreme Court Rulings That Affect Education Practice
 
2. Preventive Law: Developing Risk and Crisis Management Programs
 
2a. Prevention and Risk Management
 
2b. Duty and Risk Management
 
2c. Working With the Media
 
3. Tort Liability
 
3a. The Law of Torts and the Concept of Negligence
 
3b. The Concept of Negligence and Its Application to Duty and Standards of Care
 
3c. Negligence, Duty, and Standards of Care in School Activities
 
3d. State-Created Danger and Deliberate Indifference
 
4. Students’ Rights
 
4a. Symbolic Expression
 
4b. Oral and Written Expression
 
4c. Privacy, Search, and Seizure
 
4d. Gender Identity
 
5. Technology and Social Media
 
5a. Student Technology Misconduct On and Off School Grounds
 
5b. Use of Technology to Monitor Students
 
6. Student Discipline
 
6a. Discipline Considerations for Principals
 
6b. Due Process
 
6c. Applying Discipline to Students
 
7. Sexual Harassment
 
7a. Origins of Sexual Harassment Prohibitions
 
7b. Definitions
 
7c. Title IX and Changing Guidance
 
7d. How to Handle Allegations and Complaints
 
7e. Additional Essential Topics of Focus
 
7f. Prevention
 
8. Special Education Services
 
8a. The Purpose and Historical Context of Special Education
 
8b. Key Terminology and Principles in Special Education Law
 
8c. Identification and Procedures for Students With Disabilities
 
8d. Disciplining Students With Disabilities
 
8e. Suggested Additional Resources
 
9. Program Management
 
9a. School Attendance
 
9b. Bilingual and Special Language Programs
 
9c. Religion in Public Schools
 
9d. The Marketplace of Ideas
 
9e. Health and Safety Issues
 
10. Copyright Law
 
10a. Sources of Copyright Law
 
10b. Copyright Protections
 
10c. Public Domain and Fair Use
 
10d. Minimizing Risk
 
11. Human Resources Management
 
11a. Human Resource Functions and Demands on Principals
 
11b. Important Laws Related to Human Resources
 
11c. Staff Selection
 
11d. Negligent Hiring, Defamation, and Referencing
 
11e. Examples of Management Cues
 
12. Teachers’ Rights
 
12a. Licensure and Employment Contracts
 
12b. Teachers’ Rights
 
12c. Teacher Discipline and Dismissal
 
12d. Hearings and Procedural Due Process
 
12e. Performance Evaluation
 
13. Education Law 101 for Teachers: Priorities for Professional Development
 
13a. Code of Ethics for Educators
 
13b. Teachers and Students
 
13c. Relationship With Administrators
 
13d. Teacher Protection in Practice
 
Table of Cases
 
References and Resources

The fourth edition of The Principal’s Quick-Reference Guide to School Law is an excellent reference book for school practitioners and future school leaders. Robert Hachiya provides helpful guidance on how to prevent legal controversies and how to apply the law fairly and equitably when legal issues arise. The book is user-friendly, comprehensive, and succinct—which is not an easy balance to strike! You will appreciate having this informative book in your school law tool kit.

Martha M. McCarthy
Presidential Professor, Loyola Marymount University, Chancellor’s Professor Emeritus, Indiana University

This well-written book places a helpful lens on describing, predicting, and preventing the types of legal entanglements that school site administrators might face. The text skillfully weaves pertinent case law with well-chosen examples of real-life situations. It is the practical application of law that makes this book especially helpful for both students of administration and practicing principals. The fourth edition’s updated content includes legal challenges around transgender students, emerging issues with social media and schools, and new case law that directly impacts the action of school leaders. I’ve used previous editions of this text for introductory law classes, and students often note how much they appreciate this book and plan to keep it for future reference.

Barbara Hickman
Assistant Professor, Program Coordinator, Educational Leadership, School of Counseling, Leadership, Advocacy, and Design

The fourth edition of The Principal’s Quick-Reference Guide to School Law is an invaluable resource for improving the legal literacy of today’s school leaders. The new edition includes important legal updates that many existing school law guides do not cover, including the changing legal landscape of the use of social media by students and some of the legal issues impacting schools as a result of the ongoing COVID-19 pandemic. The book also addresses a myriad of legal issues from the unique perspective of school administrators and their need to make informed decisions serving the best interests of students and their staff. This is a must-have resource for school leaders who need to effectively navigate the complexities of legal issues impacting our schools.

Kevin P. Brady
Professor of Educational Leadership, University of Arkansas, Program Director, UCEA Center for the Study of Leadership and the Law, Adjunct Professor, Summer Principal’s Academy, Teachers College-Columbia University

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