LIABILITY CASES AND SCHOOL PRINCIPALS.   Term Paper ID:29667 Click to get this paper

Essay Subject: Legal issues that confront secondary school administrators.... More...

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Paper Abstract: Legal issues that confront secondary school administrators. Impact of issues on day-to-day work. Six sources of the law relating to administration of school affairs. Controversial education topics; sexual harassment; freedom of expression; discrimination; student confidentiality & due process rights. Court cases and ruling. Paper Introduction: Liability Cases and Secondary School Principals Legal issues confront secondary school principals every day and it is to court decisions that these administrators must turn to gain up-to-date information about legal liability issues impacting upon their day-to-day work (Strope, 1998). There are generally six sources of law that are most likely to exercise an influence in the administration of school affairs. These are the Constitution, federal statutes and regulations, local board of education policies and administrative regulations, local school rules, teacher/adviser/coach rules, and the common law. As Strope (1998) pointed out, it is the Supreme Court and the lower courts that are most likely to rule on relevant issues with respect to both the common law and the Constitution. Any number of United States Supreme Court decisions has directly Text of the Paper: The entire text of the paper is shown below. However, the text is somewhat scrambled. We want to give you as much information as we possibly can about our papers and essays, but we cannot give them away for free. In the text below you will find that while disordered, many of the phrases are essentially intact. From this text you will be able to get a solid sense of the writing style, the concepts addressed, and the sources used in the research paper. to gain up-to-dateinformation about legal liability issues impacting upon their administrative regulations local school rules teacher adviser coach rules United States Supreme Court decisions rights due process protections for students involve higher stakes than charges of sexualharassment particularly when students Court found in a vote can also result inmonetary awards Administrators are therefore required to School Board a FourthCircuit of Appeals Davis v Monroe County Board of Education of principals in these instances is quitesignificant as it also that principals may suppressstudent expression only difficult problems in terms of principal and some teachers was a permissible made derogatory comments about a that in an era in whichschool violence is violence directed againstadministrators teachers or other students principals are not who are disciplined forpoor performance This has given way by extension of this rulingwhich held that Katsiyannis commented that administrators and principalsmust secondary school principals in the day-to-dayperformance have been hampered intheir capacity student athletes responding to complaints that principalshad violated that student athletes are using illicit drugs Thernstrom This gave right to conductreasonable searches is not a blanket right Principals to the safety andsecurity of the school and its and expulsions as adisciplinary strategy They remain vulnerable to litigation by the parentsof students who attempt to These are a few of the has suggested that theSupreme Court discrimination Taken together these issues have the potential to NASSP Bulletin Milson A Suicide prevention in for high school principals The Clearing House Preventing School Failure Yell M L every day and it isto in the administration of school affairs These are the that are most likely torule on relevant issues with respect states that theselaws impact upon school integration will be discussed herein Yell and Katsiyannis noted that of student-on-student sexual harassment In Davis v Monroe the Education Amendments of for this kind arise Yell Katsiyannis In the case and couldbe held liable for sexual harassment about which they were informed and failed on school grounds wereinitially outlined in Tinker v Des Moines student speech Recently with the advent Eastern District Court of Missouri ruled that a was inappropriate Stader Conversely the Commonwealth of Pennsylvania upheld the school officials Stader The student wasexpelled by case says Stader is that in to Marczely principals are also challenged by thepotential of performance In the case of Price be unaccompanied bylegal liability In a with disabilities and schoolsafety Thernstrom discussed a are undermining the abilityof educational institutions to provide a safe theFourteenth Amendment In for example the Supreme Acton the Court upheld random drugtesting and for illicit drugs but also for othertypes of contraband such searches will result in the recovery of contrabanditems of students are observed but principals position with respect to students' self-destructive or infact be held liable in such cases a multi-pronged entity reflectingprincipals' responsibilities to students parents communities teachers accorded to school principals andadministrators Further principals are also impacted States New York Oxford University Press Marczely B by Supreme Court Education USA Stader D L Courting disorder in the schools Liability Cases and Secondary School day-to-daywork Strope There are generally six sources of law that and the common law As Strope pointedout has directlyaddressed issues related to liability and the schools andteachers and equality of opportunity The are the victims In a ruling the United States Supreme that schools andtheir administrators can be held carefullyaddress of student-to-student sexual harassment and to held that a school principal in Virginia wasdeliberately indifferent to U S that schools and is in cases involving freedom if such an expression causes disruption in theschool Thus principals student rights to freedom ofexpression In Beussink form of expression and that the suspension mathteacher and the school principal while becoming more commonplace principals are justified intaking seriously threats against liable fordamages should they elect to a dangerous new level of tolerancefor teachers who perform if adequate proof of poor performance by deal with issues among others related to the of their duties For example the increasing to discipline public school students with suspension the rights of students from unreasonable search principals and schools considerable discretion remain vulnerableto liability suits if they teachers and students Short-termsuspensions have become relatively easy to both criminal charges andcivil suits Recent cases or do commit suicide principals must nowimplement areas in which principals in secondary schoolsencounter liability issues that has moved to affirm the rights of students more significantly damage a principal'sfreedom of action ReferencesHall K L Ed schools Court cases and implications for principals Strope J The law and student Katsiyannis A Legal issues Preventing School Failure court decisions that these administrators must turn Constitution federal statutes and regulations local boardof education policies and to both the common law and theConstitution Any number of and diversity compulsory schooling andsocialization student few topics in educational laware more controversial or County Board of Education S Ct the of activity Lawsuits against schools for sexual harassment of Baynard v Alexandria City such abuse In the Supreme Court had ruled inGebser and toact upon Sexual harassment case The responsibility School District U S In this case the Court ruled of the Internet principals have encounteredeven more student's Website which was critical of the school the expulsion ofa student who created a Web site that the principal and the Court ruled cases in which a student'sexpressions are indicative of potential of discrimination lawsuits by teachers Waterhousev Hopkins principals acquired new protection discussion of legal issues impacting upon school principals Yell and number of legal liability issuesthat directly impact upon and effective environment forlearning Dating back to Tinker school principals Court addressed the issue of randomdrug testing of stated that principals were not liable when there is reasonablebelief as weapons Nevertheless as Thernstrom indicated the or in the identification of a potential threat confront manychallenges when using long-term suspensions suicidalbehavior Milson stated that to prevent whether or not the suicide attempt occurson school property and other staff members Generally Hall by any number ofcourt decisions that speak to employment Defending effective supervision in a litigious climate Responding to student threats Legal and procedural guidelines Public Interest Yell M L Katsiyannis A Legal issues Principals Legal issues confront secondary school principals are mostlikely to exercise an influence it is the Supreme Court and the lower courts including specificliabilities of secondary school principals Hall most recent and significantcourt decisions Court directly addressed the issue liable for private actions under Title IXof take steps to remedythese problems when they a teacher's sexual abuse of a student their principals can be held liable for severe andpervasive of expression Stader reported that student rights to expression must be cautious in moving to prohibit certaintypes of v Woodland RIV School District E Sup d the of the studentby the principal soliciting contributions for a hitman to take out these faculty and other students The messageof this to expel or otherwise discipline the student s According marginally and has led to the inability tomaintain ethical standards teachers can beprovided disciplinary actions against employees will confidentiality ofstudent records the education of students number oflawsuits being filed by students and or parents orexpulsion because of due process rights attributed to students under and seizure In Veronica School District J v Wayne to engage in bothrandom and targeted searches not only cannot demonstrate that there is a reasonableexpectation that such justify provided minimal dueprocess rights have also placed secondary school principals in adifficult suicide prevention programs in their schools Principals may negatively impact their dailyresponsibilities Liability is assertivelythan it has to identify the protections The Oxford Companion to the Supreme Court of the United NASSP Bulletin Sexual harassment case denied activities Answers to frequently asked questions NASSP Bulletin Thernstrom A to gain up-to-dateinformation about legal liability issues impacting upon their administrative regulations local school rules teacher adviser coach rules United States Supreme Court decisions rights due process protections for students involve higher stakes than charges of sexualharassment particularly when students Court found in a vote can also result inmonetary awards Administrators are therefore required to School Board a FourthCircuit of Appeals Davis v Monroe County Board of Education of principals in these instances is quitesignificant as it also that principals may suppressstudent expression only difficult problems in terms of principal and some teachers was a permissible made derogatory comments about a that in an era in whichschool violence is violence directed againstadministrators teachers or other students principals are not who are disciplined forpoor performance This has given way by extension of this rulingwhich held that Katsiyannis commented that administrators and principalsmust secondary school principals in the day-to-dayperformance have been hampered intheir capacity student athletes responding to complaints that principalshad violated that student athletes are using illicit drugs Thernstrom This gave right to conductreasonable searches is not a blanket right Principals to the safety andsecurity of the school and its and expulsions as adisciplinary strategy They remain vulnerable to litigation by the parentsof students who attempt to These are a few of the has suggested that theSupreme Court discrimination Taken together these issues have the potential to NASSP Bulletin Milson A Suicide prevention in for high school principals The Clearing House Preventing School Failure Yell M L every day and it isto in the administration of school affairs These are the that are most likely torule on relevant issues with respect states that theselaws impact upon school integration will be discussed herein Yell and Katsiyannis noted that of student-on-student sexual harassment In Davis v Monroe the Education Amendments of for this kind arise Yell Katsiyannis In the case and couldbe held liable for sexual harassment about which they were informed and failed on school grounds wereinitially outlined in Tinker v Des Moines student speech Recently with the advent Eastern District Court of Missouri ruled that a was inappropriate Stader Conversely the Commonwealth of Pennsylvania upheld the school officials Stader The student wasexpelled by case says Stader is that in to Marczely principals are also challenged by thepotential of performance In the case of Price be unaccompanied bylegal liability In a with disabilities and schoolsafety Thernstrom discussed a are undermining the abilityof educational institutions to provide a safe theFourteenth Amendment In for example the Supreme Acton the Court upheld random drugtesting and for illicit drugs but also for othertypes of contraband such searches will result in the recovery of contrabanditems of students are observed but principals position with respect to students' self-destructive or infact be held liable in such cases a multi-pronged entity reflectingprincipals' responsibilities to students parents communities teachers accorded to school principals andadministrators Further principals are also impacted States New York Oxford University Press Marczely B by Supreme Court Education USA Stader D L Courting disorder in the schools If this paper is not what you are looking for, you can search again: Search for: or Click here to request an essay written just for you.