ERIC Number: ED366092
Record Type: RIE
Publication Date: 1992
Reference Count: N/A
Preventive Law: Strategies for Avoidance of Litigation in Public Schools. UCEA Monograph Series.
Wendel, Frederick C., Ed.; Kelley, Edgar, Ed.
Education law changes rapidly, making it difficult to understand and administer. Even when it is understood, school boards and administrators often must make legal decisions contrary to their own value systems. One way to lessen these conflicts is preventive law, the voluntary revision of school district policies and procedures to lessen or eliminate potential litigation. Chapter 1 of this report covers perspectives on preventive education law. It stresses that the greater the use of preventive law strategies, the less the need for conflict resolution through litigation. Chapter 2 reviews the history of education law and litigation in the United States and presents the political-administrative model for conflict resolution. Conflict settlement through the judicial process is presented as well as efforts to create a new administrative model for dealing with legal conflict. The emerging concept of preventive law and its promise for avoiding legal conflict is the topic of chapter 3. The origins of preventive education law are covered and a new model for preventive law is offered. Chapter 4 includes preventive law strategies: increased communication among educators and parents, better understanding of education law, stronger implementation of policies and procedures, internal review of school district policy, and an external preventive law audit. (Contains 54 references.) (JPT)
Descriptors: Administrator Role, Board of Education Role, Elementary Secondary Education, Legal Problems, Legal Responsibility, Prevention, Public Schools, School Districts, School Law
University Council for Educational Administration, 212 Rackley Bldg., Pennsylvania State University, University Park, PA 16802-3200.
Publication Type: Collected Works - General
Education Level: N/A
Authoring Institution: University Council for Educational Administration.
Identifiers: Preventive Law