Supreme Court Decisions on Issues of Liability & Schools

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 is

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rincipal, 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 has led to the inability t
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Approximate Pages = 6 (250 words per page)

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