The feature article in a newsletter for school superintendents discusses "10 Ways to Get Parents on Your Side and Avoid Lawsuits When Disciplining Students" (School Superintendent's Insider; Brownstone Publishers, Inc.; Feb. 2004). The article illustrates how fear of litigation is interfering with everyday disciplinary decisions in our public schools and making it increasingly difficult and costly to maintain order in the classroom. "Even if a court ultimately rules in your favor," the newsletter notes, "lawsuits protesting school discipline can drain your budget and your staff morale."
Newsletters and books attempting to help school administrators through the litigation minefield are not uncommon these days. The many titles available include:
Your School and the Law
"Your School and the Law provides expert guidance and practical advice on the education-law issues you need to know. From complying with stringent provisions of the No Child Left Behind Act to hiring competent teachers, school-law specialists and attorneys from across the nation bring you expert Q&A sessions, best practices, and specific guidelines to help you make informed decisions."
The School Discipline Advisor
"From complying with the IDEA's discipline requirements to crafting legally sound behavior intervention plans, discipline professionals from across the nation bring you the best practices and expert guidance you need."
Conducting Expulsion Hearings: A Step-by-Step Guide
"This video uses a real-life scenario to illustrate how to conduct a legally defensible hearing, so you will be prepared. Plus, you learn how to set a legal and procedural framework for making an expulsion determination – ensuring your school complies with the law."
The School Security/Safety Liability Manual
"Section One covers the wide range of lawsuits, decisions, and settlements that pertain to accidents on and off school property. Some cases which resulted in awards in the millions are reviewed in detail, including those involving parking lots, school busses, playgrounds, sports competitions, swimming pools and classrooms. In addition, recommendations by experts on avoiding playground liability are presented.
Section Two deals with a relatively new concept – liability of schools as landlords for crimes committed on their property. While a landlord ordinarily is not legally responsible for the security of the users of the property beyond the requirement of 'reasonable care' once a school undertakes a program that provides security, as many do, failure to adequately perform this service when an incident occurs may greatly increase civil liability."
