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 States Supreme Court directly addressed the issue of student-on-student sexual harassment. In Davis v Monroe County Board of Education (119 S.Ct. 1661 [1999]), the Court found in a 5-4 vote that schools and their administrators can be held liable for private actions under Title IX of the Education Amendments of 1972 for this kind of activity.
Lawsuits against schools for sexual harassment can also result in monetary awards. Administrators are therefore required to carefully address of student-to-stud...