The current climate reflects not only a hostile politicization of diversity, equity, and inclusion (DEI) work but also an institutionalization of anti-DEI sentiments through legislation and litigation, leaving educational institutions to operate within a hyper-legalistic environment. Although there are a large number of education attorneys who…

Teachers are tasked with the important role of educating and empowering the Nation's youth. Although teaching is a rewarding vocation, teachers are subjected to risk and liabilities on a daily basis. The rising number of school-based litigation and the litigious nature of today's society bolster the need for teachers to abide and understand the…

Rural school leaders encounter an array of complex issues that require legal counsel. Student discipline, contract disputes, employee conduct, special education, and a host of other topics require school boards and superintendents to utilize school attorneys. This descriptive phenomenological study explored the daily experiences of ten school…

This article is a discussion of the role of the University Counsel (sometimes called the General Counsel) as "adviser, officer, administrator, and agent" in the university setting. The article discusses the nature of the "fiduciary duty" in university governance and describes several of the substantive areas of the law with…

Americans are increasingly divided over education policy. But education debates overlook one very important and basic fact: even good policies fail if they are poorly implemented, and it is hard to evaluate a policy's merit if it is not implemented well. That may seem obvious, but time and again policies fail because of a lack of attention to the…

After noting the present social and political climate and its implications for law instruction, this article examines the place for law studies in contemporary curriculum. (Author/RK)

According to the American Tort Reform Association's (ATRA) survey of secondary school principals, concern about liability was cited for cutting back or terminating many activities. ATRA recommends some major legislative change including reform of the doctrine of joint and several liability, and placing limits on noneconomic and punitive damage…

Discusses attorneys' responses to inquiries from educational administrators or school board members about matters that do not exclusively involve questions of law, and recommends that attorneys clearly differentiate between the legal options and the administrative choices involved in each matter brought to their attention. (JG)

The speaker, a school board attorney, outlines four legal problems he has had to deal with. The cases concern teacher dismissal, the district's responsibility in the case of "hazardous transportation," school district purchases for student activities (student photographs), and school bus leasing. (IRT)

Superintendents who are knowledgeable about the law, understand its application to school operations, and provide ongoing training of site administrators are less likely to be mired in threatened lawsuits. The school attorney should be a valued, but not pivotal resource driving administrative decision making. Legal basics (including pitfalls)…

Reflects on 18 years' worth of school law columns. Many of the author's predictions have proved accurate, such as forecasts that legislation to assist handicapped students would produce an unprecedented flood of litigation; that minimum competency testing would stand the tests of time and the courts; and that school districts should avoid…

Legal and educational trends necessitate close collaboration between teachers and lawyers. Effective collaboration is early, ongoing, and in-depth. It requires understanding of structural arrangements, political influences, interprofessional communication techniques, and negative attitudes. (SK)

Summarizes findings of a survey questionnaire mailed to all Arizona school districts to determine the circumstances, conditions, and costs of using attorneys. Legal advice is obtained from various sources. However, a few firms are most often used, few procedures exist for hiring or evaluating school attorneys, and access is typically through the…

Advice for effectively utilizing the school attorney is presented in this paper, which focuses on three considerations: the retainer, reliance, and relationships. The first part offers suggestions for retaining a quality lawyer for the best value and cost-cutting ideas for the school district. A caution is that excessive cost-cutting may…

Traces the interplay among three federal statutes that serve as legal bases in special education suits with attention to two interrelated issues: (1) whether attorneys' fees are available; and (2) whether the Education for All Handicapped Children Act is the exclusive avenue. (MLF)