LEGAL LIABILITIES OF SCHOOL ADMINISTRATORS This

This research paper deals with the legal liabilities of school administrators, primarily school board superintendents, principals and assistant principals to third parties. The emphasis is on the public schools through grade K-12. Traditionally, school board administrators were largely insulated under state law from liability. Since the 1970s, the liability exposure of school districts, school administrators and teachers has exponentially expanded. Largely due to the effects of various forms of federal intervention in the public schools and the creation and enforcement of private federal causes of action against them, the task of school administration has become highly legally intensive and the relationship between public school officials and students and parents has become much more adversarial. In the late 1980s and 1990s, the pendulum in public education shifted to a concern over educational standards and greater local, including greater parental, control over school decisions. The latter trend has only served to complicate the legal position of school administrators.

Traditional Liability Exposure of School Administrators

Traditionally, courts have been reluctant to interfere with the exercise of discretion by school districts, administrators and teachers, except in cases involving egregious abuses, a lack of good faith or other violations of state law. At one time, public school administrators (but not teachers) were exem

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in proving that school officials owe an affirmative duty of protection that stems from the Constitution but have succeeded in proving that a school maintained a practice, policy or custom that deprived them of their constitutional rights" (p. 16). In two especially silly cases, parents had to go to court in North Carolina and New York to reverse school actions to expel and send home, respectively, a six and a seven year old, for kissing a student of the opposite sex ("Sex and drugs," 1996, 12 October, p. 31). School Discipline Generally Many public schools in America have become dangerous places. A National Crime Survey in 1991 found that there were nearly three million incidents of school crime in grades K-1 through K-12. According to a 1993 Harris poll, 22 percent of K-6 to K-12 students were believed to carry weapons to school. In the District of Columbia in 1994, violent incidents in the public schools increased 20 percent and drug and alcohol related violations of school policy increased 50 percent (Rossow, 1995, Fall, p. 85). A number of court decisions eroded the power of school authorities to maintain order and discipline. In the 1970s, the Supreme Court overturned in two cases, Goss v. Lopez (1975) and Strickland v
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Some common words found in the essay are:
Strickland Wood, School District, District Columbia, Helms Norton, K-12 Traditionally, United Lopez, South Southwest, Walker Roder, Sch Dist, Department Education, public schools, supreme court, school district, journal law education, recent developments, hardaway 1995, school officials, law education, journal law, school administrators, public school, helms norton 1995, bittle helms norton, sexual abuse sexual, abuse sexual harassment,
Approximate Word count = 3907
Approximate Pages = 16 (250 words per page)

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