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

by Robert F. Hachiya

Overview

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 4^th 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.

Product Details

ISBN-13:	9781071871720
Publisher:	SAGE Publications
Publication date:	02/16/2022
Sold by:	Barnes & Noble
Format:	eBook
Pages:	376
Sales rank:	143,571
File size:	5 MB

About the Author

Dr. Robert F. Hachiya is an associate professor in the education leadership department at Kansas State University. With twenty-seven years’ experience as a teacher, coach, assistant principal, and principal, Dr. Hachiya now teaches courses and advises graduate students at Kansas State University. Among the classes he teaches are Education Law, as well as Ethical Dimensions for Leadership; Principalship; Leadership for Diverse Populations; and History and Philosophy of Educational Administration. He joined the team of Robert J. Shoop and Dennis R. Dunklee for the third edition of this book and is now the sole author of the fourth edition.

Dr. Hachiya has presented across the country at several national conferences, including the National Association of Secondary School Principals (NASSP) National Convention in Philadelphia, Pennsylvania, regarding conducting sexting investigations, and in Boston, Massachusetts, on school violence prevention. In 2021, he presented at the Education Law Association Conference on the practical applications for principals regarding the Mahanoy Area School District v. B.L. decision of the United States Supreme Court. He has also presented papers or led discussions at conferences for the Education Law Association (ELA), the University Council for Educational Administration (UCEA), the International Council of Professors of Educational Leadership (ICPEL), and the Kansas United School Administrator (K-USA).

Dr. Hachiya received his BS degree from the University of Nebraska-Lincoln and his master’s and EdD degrees from the University of Kansas. He also did post-doctoral work at the School Law Institute at Teachers College, Columbia University.

Table of Contents

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

Editorial Reviews

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

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.

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

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.

Presidential Professor, Loyola Marymount University, Chancellor’s Professor Emeritus, Indiana University - Martha M. Mc Carthy

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

"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. Mc Cormack

"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