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ERIC Number: ED273000
Record Type: Non-Journal
Publication Date: 1986
Pages: 8
Abstractor: N/A
ISBN: N/A
ISSN: N/A
EISSN: N/A
Preventive Law for School Administrators.
Hawkins, Harold L.
This chapter focuses on the need for a revised relationship between schools and the courts through the concept of preventive law. The chapter reviews court cases and presents an overview of conflict resolution models and strategies for reducing litigation. Preventive law assumes that greater use of its strategies affords a lesser need for conflict resolution through litigation. An abundant area for school litigation has been racial discrimination, as well as protection against other individual constitutional deprivations. Lawsuits are on the increase in personal injury torts and defamation cases. Legal liability among school boards may result from such areas as district-owned vehicles, corporal punishment, teacher performance evaluations, inappropriate due process, and unsafe school buildings. Preventive law is most effectively practiced in the context of policy review. A preventive model establishes the process through which district policies and decisions are screened. This proactive approach uses corrective actions before problems arise. Implementation involves commitment, communication, and compromise. Strategies include regular communication among teachers, administrators, and parents; improved understanding of education law; consistent implementation; periodic internal review; and external preventive law audits. The proactive approach produces a legal relationship leading to effective school administration. Three models of conflict resolution are diagrammed. (CJH)
Publication Type: Legal/Legislative/Regulatory Materials; Opinion Papers
Education Level: N/A
Audience: Policymakers; Administrators; Practitioners
Language: English
Sponsor: N/A
Authoring Institution: N/A
Grant or Contract Numbers: N/A