The author of this article, an education attorney, begins by describing a case where, a school superintendent of personnel for a rural school district in Michigan had just received a performance evaluation with high marks and a new three-year contract. Two months later the school board called him into a closed session and presented him with…

Superintendent dismissal cases may be grouped into two major categories (nonrenewals and terminations) that can be divided into three levels: cases based primarily on the contract, on legislation, or on constitutional rights. Superintendents have been much more successful in challenging terminations than nonrenewals. Numerous issues and cases are…

Superintendents must become adept at selecting an in-house attorney or outside counsel, anticipating legal-service costs, and spotting red flags. Although the school attorney's most regular contact is the superintendent, the school board is the client. Mutual respect is essential. Preventive law's primary goals are keeping the district out of…

Discusses legal issues involved in conducting school board business over the Internet. (PKP)

Discusses questions a superintendent should review with the school board and school attorney to define the attorney's role and ensure maximum understanding. Superintendents should consider whether they are comfortable asking for timely assistance, which school leaders are authorized to contact the school attorney, and how legal advice is…

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)…

Students and employees are legally protected against sexual harassment, regardless of the perpetrator's age or status. Although caution is needed when responding to complaints, school leaders should avoid making backroom deals with staff members accused of molestation or improper sexual conduct. All school community members need information and…

Superintendents face a no-win proposition when confronting attempted school board takeovers by religious-fundamentalist candidates. Public political disagreement may be a legitimate ground for a superintendent's dismissal. The safest course is to work quietly behind the scenes and encourage others to question candidates' qualifications and…

Genuine reforms are impossible without addressing deleterious effects of legally binding mechanisms such as collective bargaining and unionism. An adversarial industrial-labor model will not serve a profession crying for collegiality and collaboration. School finance and desegregation litigation has had limited success in improving schools.…

Since Spring 1995, a Bedford, New York superintendent and her district have been virulently attacked by two parents who initially accused them of promoting Satanism, exemplified in an after-school game called Magic: The Gathering. These parents are now attacking drug prevention programs, various homework assignments, and literature selections. The…

Because school violence is not confined to cities, even rural administrators and board members have become legally responsible for addressing the issue. To prevent lawsuits and ensure school safety, districts must have an official policy, knowledge about potentially disruptive students, law enforcement liaisons, and inservice education for…

Public schools are facing growing pressures to allow home-schooled and charter-school students to participate on varsity teams. In many western states, home-schooled students are permitted to play sports. In other states, this practice is prohibited, due to strict eligibility requirements for public-school students. Recent litigation discloses no…

Religious fundamentalists are joining forces with taxpayers, senior citizens, and other conservatives to win seats on local and state school boards and reshape educational policy. School board elections offer an easy entry to politics. Christian fundamentalists target multicultural curricula, independent thinking activities, sex and AIDS…

The practice of identifying violence-prone students via checklists of personal characteristics and behaviors is accompanied by unanswered questions, recognized weaknesses, and serious implementation implications (for special services, suspensions and expulsions, and student rights). Stereotyping, discrimination, and wrongful identification of…

The most likely legal issues to arise concerning charter schools include teacher employment and qualification issues, liability concerns, special-needs student issues, due process, religious issues, and contract rules. School leaders can head off problems by clarifying who is in charge, spelling out the mission statement, and dealing up front with…