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School law is a very
important
concept for the principal to consider when making decisions that could
result
in litigation that would put either the school district or the
principal
himself or herself in a compromising situation. The
topic is very broad and quite complicated for principals to
interpret. A principal must rely much
of the knowledge base of school law to cases that have been decided in
the
past. It is important that a principal
keep up to date with new cases and issues that may pertain to the job
or their
school.
Principals must do what is best for
the interest of all children; however, the position also requires a
school
leader to act as a risk manager to do what is necessary to avoid
litigation. Principals must construct a
wide knowledge
base about laws pertaining to curriculum, students free speech, student
discipline, race and gender issues, special needs students, school
finance,
constitutional rights of employees, hiring practices, collective
bargaining and
teacher unions, and torts. In addition,
a principal must also keep up to date with any state statutes that
pertain to
law related issues that are particular to the state in which the
principal
resides, because each state has its differences.
The most important concepts relating
to school law that principals will encounter are violations of
student’s free
speech rights and issues of student discipline. There
is a very fine line that is drawn on the part of students
as to how they should conduct themselves while in a school building. In the past, the school’s authority over
students was subject to very few limitations and viewed schools as
operating in
the place of parents (in loco parentis).
In today’s schools, courts now recognize that children are
entitled to
constitutional protection and now the concept of in loco parentis has
been
abandoned. What this means is that
schools must be careful in how they treat students, or it is very
possible that
a lawsuit would prevail because of the “sue happy” nature of our
country. School districts and principals
must make
sure to outline specific guidelines for school conduct, dress, and
other forms
of expression. In a recent case, a
student was sent home for wearing an inappropriate shirt that said,
“Barbie is
a Lesbian”. While the school confirmed
that this was a disruption to school, the policy was vague and the
student won
the lawsuit. School districts should
not be lazy when it comes to establishing school rules in student
handbooks so
that it is clear to students and parents what is expected of their
children
while they are in school. The
guidelines for this particular issue are outlined from Tinker v Des
Moines
Independent School District, which involved a group of students who
decided to
wear black armbands to protest the Vietnam War; the school district
lost.
In regards to student discipline,
student’s rights are guarded heavily by the Fourteenth Amendment of the
US
Constitution that prohibits states from depriving persons of life,
liberty, or
property without due process of law.
Principals must be careful with school rules that violate
students
Fourteenth Amendment rights, which in the past have dealt with the
length of
student hair, piercings, attire worn to graduation, and many others. Principals must also be conscious of the
legal process that should be used regarding search and seizure for
drugs and
other illegal items. If the correct
process is not followed, it is very likely that a lawsuit would become
a result
of the mistake.
There is a fine line that principals walk when generating, enforcing, and carrying out rules. Principals must use their best judgment based on their experiences and knowledge to make the right choices at critical times when a law book for review may not be readily available. The best thing that any principal can do is use common sense and if time is granted, seek a professional who deals with school law to be sure what actions you can take within the boundaries of the law.
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