The doctrine of sovereign immunity in Florida has evolved over time as the common law and statutory environment within the state has changed. Public schools and public-school employees enjoy some level of immunity protection under both common law and statutory law. Nonetheless, Florida law creates a duty to provide a safe environment for students…

This article presents a social constructivist grounded theory of school principal legal learning. The author analyzed 10 interviews with K-12 school principals and 10 school law faculty documents to investigate how principals develop the knowledge and skills to address legal issues in schools. Two themes emerged. The first theme was source of…

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…

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…

This brief article addresses the question of whether the Individuals with Disabilities Act or Section 504 and its sister statute, the Americans with Disabilities Act, provides for the liability of special educators and other public school personnel for money damages. The analysis synthesizes the applicable case law under these federal disability…

The legal dimension of response to intervention (RTI) has been the subject of considerable professional confusion. This brief article addresses the issue in three parts. The first part provides an update of a previous iteration that compared 12 common conceptions, referred to here as the "lore," with an objective synthesis of the…

Academic advisors occupy an ethically fraught position in institutions of higher education and frequently have to traverse complex curricular issues. Legal theorist Lon L. Fuller's work provides advisors with new resources to ply some of these troubled curricular issues. By focusing on understanding colleges and universities as law-generating…

This article addresses the question of who owns the responsibility when a charter school gets into trouble--when its students aren't learning, or it misses its enrollment targets, or money runs short, or it closes. Upon presenting this question to a director of a charter school, a board member, and a Massachusetts-based education consultant and…

Purpose: A significant and growing body of LGBTQ (lesbian, gay, bisexual, transgender, queer) research examines the experiences of students, employees, and the substance of leadership training. This project aims to complement this work by taking a macro-level look at the broader legal and policy issues that may constrain or enhance a school…

There is a dearth of research that examines legal literacy among pre-service teachers in Canada. Pre-service teachers' legal literacy refers to the knowledge level that teacher candidates in teacher education programs have with respect to educational law and policy and how it affects their preparation for entering the teaching profession. This…

Allegations of improper discipline are commonly the focus of special education litigation filed against school districts. Because ignorance of the law is no defense, administrators and educators must understand special education law. Yet many educators receive little to no legal training. To address the lack of training and prevent future…

The purpose of this research study will be to examine teacher perceptions on various issues pertaining to school law in the State of Alabama. Having data on teacher perception in Alabama can help shape future educational policy so that teachers can have an understanding of what they should and are required to do in various ethical and moral…

Educational law is a critical piece of the education conundrum. Principals reference law books on a daily basis in order to address the wide range of complex problems in the school system. A principal's knowledge of law issues and legal decision-making are essential to provide effective feedback for a successful school.

The purpose of this research is to provide school transportation supervisors and superintendents a set of guiding principles to refer to when administering and implementing school transportation programs. School transportation supervisors and superintendents need the practical knowledge of the rulings in recent court cases to develop policies and…

Principals and other educators often have perceptions about key issues in school law that are remarkably wrong. When that is the case, they help reinforce those prevailing perceptions by sharing them with teachers, parents, and other administrators, and by contributing to misguided practices and policies. Where do educators get such…