Asserts that although employees are bringing legal cases across the spectrum of discriminatory behaviors, lawyers who advise higher education see two particular areas of concern right now: age discrimination and retaliation against complaints. Discusses what business officers need to understand in order to prevent nightmare legal problems. (EV)

The school business official's role in the performance of noncertificated employees in a school district requires effective review, evaluation, and prompt disciplinary action when warranted. Proper documentation of all employment practices and of the disciplinary response to a specific employee are necessary to avoid unfavorable court litigation.…

A survey of hospital emergency rooms revealed that nearly half of all playground falls resulted in head injuries. Playground surfaces should be evaluated for "Surface Impact Performance" and the "Severity Index"--both measures to determine ability to absorb impact. Nine other playground hazards are illustrated and described.…

Unlike most school-security strategies, search and seizure procedures can be largely determined by studying landmark court cases. The U.S. Supreme Court set standards for conducting school searches in "New Jersey v. T.L.O." (1985) and for drug testing student athletes in "Vernonia School District v. Acton" (1995). School…

Provides a discussion of the definition of sexual harassment, the types of sexual harassment, the "reasonable woman standard," and employer liability for sexual harassment. Provides some suggestions for avoiding liability. (MLF)

Citing the increasing litigation against school districts and officials, the author examines tort liability, damages, attorneys' fees, and liability insurance provisions under the Civil Rights Act of 1871. Additional attention is given to school officials' civil liability, "save harmless" provisions, proving liability, purchasing,…

An examination of statutes and case law reveals that in most states the employment of architects and engineers by public school districts is exempt from competitive bidding procedures. (MLF)

School districts should develop a risk management program with policies and procedures that demonstrate reasonable care and that include regular inspection of all buildings and grounds. Highlights areas of potential legal difficulty. (MLF)

An Educational Risk Management Plan (ERMP) should be incorporated throughout every school district. Discusses property and liability insurance classifications and features of a good ERMP. (12 references) (MLF)

School business officials are held responsible for school safety. After conducting a school security audit, the following strategies are recommended: establishing a local school security task force; forming a comprehensive crisis management plan; establishing a school communication network; and providing school staff with inservice training on…

Whereas equity generally focuses on relative levels or distributions of funds, adequacy stresses providing sufficient and absolute funding levels to produce desired student outcomes. Adequacy underlies many recent court decisions. Estimating costs of an adequate education is extremely difficult. School business officials must develop better…

This chapter of "Principles of School Business Management" explores the legal context in which school business officials and other school administrators operate. The chapter considers the legal sources for the power and authority of the district and its administrators and also examines the legal process as it affects schools and the performance of…

Provides information on how school districts can reduce their fiscal liability under the Handicapped Child Protection Act (HCPA) of 1986. School officials that present an image of service and cooperation for disabled students are less likely to have a dispute and less likely to have to pay attorneys' fees. (Contains 32 references.) (MLF)

Offers an overview of the school-based decision-making councils in the Kentucky Education Reform Act of 1990 and takes a brief look at a lawsuit that unsuccessfully challenged the authority of councils. (MLF)

Discusses the legal phenomenon of negligent hiring, what it is, how it has evolved, and where it will probably go. Lists ways to avoid a negligent-hiring lawsuit and provides 12 steps for reducing negligent hiring and defamation lawsuits. (MLF)