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 addressed issues related to liability and the schools, including specific liabilities of secondary school principals. Hall (1992) states that these laws impact upon school integration and diversity, compulsory schooling and socialization, student rights, due process protections for students and teachers, and equality of opportunity. The most recent and significant court decisions will be discussed herein.

Yell and Katsiyannis (2000) noted that few topics in educational law are more controversial or involve higher stakes than charges of sexual harassment, particularly when students are the victims. In a 1999 ruling, the United

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itical of the school, the principal, and some teachers, was a permissible form of expression and that the suspension of the student by the principal was inappropriate (Stader, 2001). Conversely, the Commonwealth of Pennsylvania upheld the expulsion of a student who created a Web site that made derogatory comments about a math teacher and the school principal while soliciting contributions for a "hit man" to "take out" these school officials (Stader, 2001). The student was expelled by the principal and the Court ruled that in an era in which school violence is becoming more commonplace, principals are justified in taking seriously, threats against faculty and other students. The message of this case, says Stader (2001), is that in cases in which a student's expressions are indicative of potential violence directed against administrators, teachers, or other students, principals are not liable for damages should they elect to expel or otherwise discipline the student(s). According to Marczely (1998), principals are also challenged by the potential of discrimination lawsuits by teachers who are disciplined for poor performance. This has given way to a dangerous new level of tolerance for teachers who perform marginally and
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Approximate Word count = 1398
Approximate Pages = 6 (250 words per page)

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