ERIC Number: ED209766
Record Type: RIE
Publication Date: 1981-Jun
Reference Count: 0
Avoiding the Court of First Resort.
Murphy, Dennis Dailey
Executive Review, v1 n7 Jun 1981
Many people in our society turn to courts for the resolution of every problem. By delegating to judges the authority to declare our legal rights we diminish our individual and collective liberties. This trend of legalism can have important consequences for school administrators. Rather than resist or evade the law, school officials can obviate judicial intrusion by employing several approaches. Administrative channels already in existence within the school system offer the most obvious means for resolving conflict. Another approach is the formation of a grievance committee, composed of people of divergent perspectives that can be called in when administrative channels prove unsatisfactory. Arbitration, in which an impartial third party conducts binding or advisory fact finding, is yet another alternative. A final mechanism is the use of the ombudsperson, an in-house arbiter found in larger institutions. These alternatives can be costly in terms of time and energy but may prevent many disputes from reaching an advanced stage. (JEH)
Descriptors: Administrator Role, Arbitration, Conflict Resolution, Court Litigation, Elementary Secondary Education, Grievance Procedures, Legal Problems, Ombudsmen, Parent Grievances, School Law
Institute for School Executives, University of Iowa, 210 Lindquist Center, Iowa City, IA 52242 ($1.00).
Publication Type: Opinion Papers; Collected Works - Serials
Education Level: N/A
Authoring Institution: Iowa Univ., Iowa City. Inst. for School Executives.