ERIC Number: EJ1001761
Record Type: Journal
Publication Date: 2012-Oct
Reference Count: 19
Lore v. Law: Prevailing Beliefs and Objective Knowledge
Zirkel, Perry A.
Principal Leadership, v13 n2 p50-54 Oct 2012
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 misperceptions? The sources are numerous and varied. Many organizations share an interest in promoting the perception of an "explosion" of education litigation and the resulting perils of liability. Moreover, other education professions, such as special education, often confuse expert recommendations with legal requirements in their efforts to promote prophylactic best practices. Most principals' prevailing perceptions of and practices regarding school law are, for various reasons, askew. The primary legal lesson gained through a systematic look at cases and outcomes is that principals and other school officials should take a more particularized approach to liability issues and base their legal decisions on the distinguishable basis of professional discretion and research-based best practices. In other words, do not confuse lore with law.
Descriptors: Principals, Best Practices, Court Litigation, School Law, Misconceptions, Legal Responsibility, Special Education, Elementary Secondary Education, Student Rights, Job Security, School Personnel, Violence
National Association of Secondary School Principals. 1904 Association Drive, Reston, VA 20191-1537. Tel: 800-253-7746; Tel: 703-860-0200; Fax: 703-620-6534; Web site: http://www.principals.org
Publication Type: Journal Articles; Reports - Descriptive
Education Level: Elementary Secondary Education
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Tinker v Des Moines Independent School District