Major themes from "Learning the Law and Loving School Attorneys Less" by Corkill and Hendricks and "Reflections on the Knowledge Base in Law and Ethics for Educational Leaders" by Bull and McCarthy
School administrators and employees should be well-versed in basic issues of school law.
As I learned when I was a first year teacher, it is much better to handle incidents of student misbehavior in the classroom, if at all possible. I think that in many cases, issues of student misbehavior can be handled just as well, if not more effectively, by the classroom teacher. Most teachers have classroom rules that reflect the general school rules. Perhaps a teacher can exercise more leniency than would an administrator for an act of misconduct that is, perhaps, just an outgrowth of a typical immature spasm.
Similarly, school policies should reflect those of school law. When incidents are handled at the school level instead of in a court room, decisions will most likely be made in a more timely manner and the impact of those decisions will hopefully remedy the situation in a fair manner. Schools should develop policies that reflect those of school law in order to protect themselves from liability and to help them make decisions. Knowledge is power, and school officials who are aware of potential "legal land mines" can be better equipped to avoid them when making policy decisions and structuring staff development.
The law is not static, it changes as society dictates.
Not only do administrators and school employees need to be aware of school laws, as they must also operate an ever-changing society in which the laws change. In an effort to protect our school children, the law mandates that teachers must report any sign of child abuse or be held liable for inaction. Unfortunately, this mandate has triggered some schools to adopt policies prohibiting physical contact between teachers and students. Even an innocent hug of encouragenment between a student and teacher may be transformed into a lawsuit. It is unfortunate that society has come to this.
In situations where the law is not clear, school officials must have the capacity to stretch their imaginations and think about situations from many different perspectives. The more well-versed administrators and school employees are in understanding the laws, the better equipped they will be to comply with their mandates and propose amendments to make them better.