The Principal's Quick-Reference Guide to School Law; Reducing Liability, Litigation, and Other Potential Legal Tangles

by Dennis R. Dunklee

• ISBN13: 9781412925945
• ISBN10: 1412925940
• Edition: 2nd
• Format: Paperback
• Copyright: 2006-04-05
• Publisher: Corwin Pr

Summary

These recognized school law experts translate school law into proactive day-to-day practice to minimize legal risk and respect legal rights in the school community.

Table of Contents

Foreword	xxiii
Charles J. Russo
Preface and Advisement	xxv
Acknowledgments	xxvii
About the Authors	xxix
Introduction	1	(2)
Focus Point: Understanding Judicial Decisions	3	(3)
Preventive Law: Developing Risk and Crisis Management Programs	6	(11)
Focus Point: Tenets of Preventive Law and Risk Management	7	(1)
Focus Point: What Is Preventive Law?	8	(1)
Focus Point: Identifying Potential Risks	8	(3)
Focus Point: Affirmative Duty of School-Based Personnel in Risk Management and Prevention	11	(2)
Focus Point: Adopting a Preventive Law Mind-Set	13	(2)
Examples of Management Cues	14	(1)
Suggested Risk Management Guidelines	14	(1)
Focus Point: Working With the Media	15	(2)
Suggested Risk Management Guidelines	15	(1)
Chapter Resources	16	(1)
The School and the Legal Environment	17	(1)
Section A: Foundations of the School's Relationship to the Legal Environment	18	(5)
Focus Point: Basic Principles of Our Legal System	18	(1)
Focus Point: Constitutional Law, Common Law, Statutory Law, and Administrative Law	19	(1)
Focus Point: How Laws Are Made and Enforced	20	(2)
Focus Point: Court Functions	22	(1)
Section B: Clauses of and Amendments to the U.S. Constitution That Affect Education Practice	23	(4)
Focus Point: General Welfare Clause	23	(1)
Focus Point: First Amendment	24	(1)
Focus Point: Fourth Amendment	24	(1)
Focus Point: Fifth Amendment	24	(1)
Focus Point: Fourteenth Amendment	24	(3)
Other Provisions of the U.S. Constitution of Interest to Educators	25	(2)
Section C: Landmark Supreme Court Rulings That Affect Education Practice	27	(7)
Focus Point: Desegregation	27	(2)
Focus Point: School Finance	29	(2)
Focus Point: Student and Teacher Rights	31	(2)
Focus Point: Special Education	33	(1)
Focus Point: Church and State	34	(1)
Section D: Highlights of Selected Portions of Federal Statutes That Affect Education Practice	34	(7)
Focus Point: Civil Rights Acts of 1866, 1870---42 U.S.C. §§ 1981 and 1988; Civil Rights Acts of 1871---42 U.S.C. §§ 1983, 1985, and 1986; Civil Rights Acts of 1964, Titles IV and VII---42 U.S.C. §§ 2000d, 2000e-2	34	(1)
Focus Point: Title IX of the Education Amendments of 1972 and the Title IX Regulations 34 C.F.R. § 106-1 et seq.	35	(1)
Focus Point: Family Educational Rights and Privacy Act of 1974 (FERPA), 20 U.S.C. § 1232g	36	(2)
Focus Point: Americans with Disabilities Act of 1990 (ADA), Pub. L. No. 101-336, 42 U.S.C. §§ 12101--12213	38	(1)
Focus Point: Individuals with Disabilities Education Act (IDEA), as Amended in 1997, Pub. L. No. 105-17, 20 U.S.C. §§ 1400--1485	38	(1)
Focus Point: Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. § 621 (§ 623)	38	(1)
Examples of Management Cues	39	(1)
Suggested Risk Management Guidelines	39	(1)
Focus Point: Rehabilitation Act of 1973, 29 U.S.C. § 794 (§ 504)	39	(1)
Focus Point: Equal Educational Opportunities Act, 20 U.S.C. § 1703	40	(1)
Focus Point: The Family and Medical Leave Act of 1993 (FMLA), Pub. L. No. 103-3, 29 C.F.R. § 825	40	(1)
Section E: Workers' Compensation	41	(4)
Focus Point: General Provisions Regarding Workers' Compensation	42	(3)
Suggested Risk Management Guidelines	45	(1)
Section F: Legal Status of School Choice	45	(4)
Focus Point: Legislation Governing Charter Schools and Vouchers	46	(3)
Examples of Management Cues	48	(1)
Suggested Risk Management Guidelines	49	(1)
Section G: Statute of Limitations for Federal Cases	49	(8)
Examples of Leading U.S. Supreme Court Cases on Education	49	(3)
Additional Cases of Interest to Educators	52	(1)
Chapter Resources	53	(3)
The No Child Left Behind Act: Implications of NCLB on Local Schools	56	(1)
Section A: Major-Provisions of NCLB-of-Interest-to Principals	57	(6)
Focus Point: Highly Qualified Teachers	57	(1)
Examples of Management Cues	58	(1)
Suggested Risk Management Guidelines	58	(1)
Focus Point: NCLB and Annual Testing	58	(1)
Focus Point: NCLB and ELLs	59	(1)
Example of a Management Cue	59	(1)
Suggested Risk Management Guidelines	59	(1)
Focus Point: Public School Choice	59	(2)
Examples of Management Cues	60	(1)
Suggested Risk Management Guidelines	60	(1)
Focus Point: Unsafe Schools and Choice	61	(1)
Examples of Management Cues	61	(1)
Suggested Risk Management Guidelines	61	(1)
Focus Point: Supplemental Educational Services	61	(1)
Examples of Management Cues	62	(1)
Suggested Risk Management Guidelines	62	(1)
Focus Point: NCLB and Military Recruiters	62	(1)
Examples of Management Cues	62	(1)
Suggested Risk Management Guidelines	63	(1)
Section B: Current Legal Challenges to NCLB	63	(6)
Focus Point: State Standards More Rigorous Than NCLB Mandates	63	(1)
Focus Point: Conflicts between NCLB and Federal Special Education Law	64	(1)
Focus Point Unfunded Mandate---States and Schools Have Insufficient Funds to Comply With NCLB Mandates	65	(3)
Examples of Management Cues	66	(1)
Suggested Risk Management Guidelines	66	(1)
Chapter Resources	67	(1)
Constitutional and Statutory Foundations of Staff Selection, Contracting, and Evaluation	68	(1)
Section A: Equal Employment	69	(10)
Focus Point: Title VII of the Civil Rights Act of 1964	69	(2)
Examples of Management Cues	70	(1)
Suggested Risk Management Guidelines	70	(1)
Focus Point: The Equal Pay Act of 1963	71	(1)
Example of a Management Cue	72	(1)
Suggested Risk Management Guidelines	72	(1)
Focus Point: The Age Discrimination in Employment Act (ADEA)	72	(1)
Example of a Management Cue	72	(1)
Suggested Risk Management Guidelines	73	(1)
Focus Point: The Rehabilitation Act of 1973	73	(1)
Examples of Management Cues	74	(1)
Suggested Risk Management Guidelines	74	(1)
Focus Point: The Americans with Disabilities Act of 1990 (ADA)	74	(1)
Examples of Management Cues	75	(1)
Suggested Risk Management Guidelines	75	(1)
Focus Point: The Veterans' Reemployment Rights Act of 1940	75	(2)
Example of a Management Cue	76	(1)
Suggested Risk Management Guidelines	76	(1)
Focus Point: The Immigration Reform and Control Act of 1986 (IRCA)	77	(1)
Examples of Management Cues	77	(1)
Suggested Risk Management Guidelines	77	(1)
Focus Point: Title IX of the Education Amendments of 1972	77	(2)
Examples of Management Cues	78	(1)
Suggested Risk Management Guideline	78	(1)
Section B: Staff Selection	79	(5)
Focus Point: Employment Selection	80	(4)
Example of a Management Cue	80	(1)
Suggested Risk Management Guidelines	80	(4)
Section C: Negligent Hiring, Defamation, and Referencing	84	(7)
Focus Point: Negligent Hiring	84	(5)
Examples of Management Cues	88	(1)
Suggested Risk Management Guidelines	88	(1)
Focus Point: Defamation and Referencing	89	(2)
Examples of Management Cues	90	(1)
Suggested Risk Management Guidelines	90	(1)
Section D: Performance Evaluation	91	(7)
Focus Point: Evaluation Guidelines and Congruence	92	(5)
Example of a Management Cue	95	(1)
Suggested Risk Management Guidelines	95	(1)
Chapter Resources	96	(1)
Teachers' Constitutional Rights, Terms, and Conditions of Employment	97	(1)
Section A: Licensure and Employment Contracts	98	(9)
Focus Point: Probationary Contracts, aka Term Contracts	99	(1)
Examples of Management Cues	100	(1)
Suggested Risk Management Guidelines	100	(1)
Focus Point: Tenure, aka Continuing Contracts	100	(1)
Examples of Management Cues	101	(1)
Suggested Risk Management Guidelines	101	(1)
Focus Point: Supplementary Contracts, aka Addendum to Contract, aka Supplemental Duty	101	(2)
Examples of Management Cues	102	(1)
Suggested Risk Management Guidelines	103	(1)
Focus Point: Employment Requirements	103	(2)
Example of a Management Cue	104	(1)
Suggested Risk Management Guidelines	105	(1)
Focus Point: Collective Bargaining and Contracts	105	(2)
Examples of Management Cues	106	(1)
Suggested Risk Management Guidelines	106	(1)
Section B: Teachers' Rights	107	(9)
Focus Point: Teachers' Rights to Hearings and Procedural Due Process	108	(2)
Examples of Management Cues	109	(1)
Suggested Risk Management Guidelines	109	(1)
Focus Point: Teachers' Rights in Evidence and Bias	110	(1)
Example of a Management Cue	110	(1)
Suggested Risk Management Guidelines	111	(1)
Focus Point: Teachers' Rights in a Reduction in Force (RIF)	111	(1)
Examples of Management Cues	111	(1)
Suggested Risk Management Guideline	112	(1)
Focus Point: Teachers' Rights Regarding Property Interests	112	(1)
Examples of Management Cues	112	(1)
Suggested Risk Management Guidelines	112	(1)
Focus Point: Teachers' Rights and the Concept of Vagueness	113	(1)
Examples of Management Cues	113	(1)
Suggested Risk Management Guideline	113	(1)
Focus Point: The Student Teacher or Intern---Substitute Teachers	114	(2)
Examples of Management Cues	115	(1)
Suggested Risk Management Guidelines	115	(1)
Section C: Teacher Behaviors	116	(15)
Focus Point: Teacher Behavior---The Concept of Nexus	117	(1)
Examples of Management Cues	117	(1)
Suggested Risk Management Guideline	117	(1)
Focus Point: Teacher Behavior---The Concept of Privacy	118	(1)
Example of a Management Cue	118	(1)
Suggested Risk Management Guideline	118	(1)
Focus Point: Teacher Behavior---Freedom of Speech in Evaluation and Other Teacher and Principal Matters	119	(1)
Example of a Management Cue	119	(1)
Suggested Risk Management Guidelines	119	(1)
Focus Point: Teacher Behavior---Incompetence	120	(2)
Examples of Management Cues	121	(1)
Suggested Risk Management Guidelines	121	(1)
Focus Point: Teacher Behavior---Insubordination	122	(1)
Examples of Management Cues	122	(1)
Suggested Risk Management Guideline	123	(1)
Focus Point: Teacher Behavior---Immoral Conduct	123	(3)
Examples of Management Cues	124	(1)
Suggested Risk Management Guidelines	125	(1)
Focus Point: Teacher Behavior---Other Causes for Dismissal	126	(5)
Examples of Management Cues	127	(1)
Suggested Risk Management Guidelines	128	(1)
Examples of Leading U.S. Supreme Court Cases on Education	128	(2)
Additional Cases of Interest to Educators	130	(1)
Chapter Resources	130	(1)
Students' Rights	131	(1)
Section A: Students' Rights to Symbolic Expression	131	(7)
Focus Point: Symbolic Expression through Buttons, Jewelry, and So Forth	132	(1)
Example of a Management Cue	133	(1)
Suggested Risk Management Guidelines	133	(1)
Focus Point: Symbolic Expression through Dress and Hairstyle	133	(1)
Examples of Management Cues	134	(1)
Suggested Risk Management Guidelines	134	(1)
Focus Point: Symbolic Expression through Physical Gestures	134	(1)
Examples of Management Cues	135	(1)
Suggested Risk Management Guidelines	135	(1)
Focus Point: Symbolic Expression through School Mascots	135	(1)
Example of a Management Cue	135	(1)
Suggested Risk Management Guideline	136	(1)
Focus Point: Symbolic Expression through Gang-Related Regalia and Behaviors---Related Issue: Cults and Satanism	136	(2)
Examples of Management Cues	137	(1)
Suggested Risk Management Guidelines	137	(1)
Section B: Students' Rights to Oral and Written Expression	138	(5)
Focus Point: Expression through Students' Oral Communication	138	(1)
Examples of Management Cues	139	(1)
Suggested Risk Management Guidelines	139	(1)
Focus Point: Expression through Students' Written Communication	139	(4)
Examples of Management Cues	141	(1)
Suggested Risk Management Guidelines	142	(1)
Section C: Students' Rights to Freedom of Assembly	143	(1)
Focus Point: Expression through Freedom of Assembly	144	(1)
Example of a Management Cue	144	(1)
Suggested Risk Management Guideline	144	(1)
Section D: Students' Rights to Have Wireless Communication Devices	144	(6)
Focus Point: The Prohibition of Wireless Communication Devices	145	(4)
Examples of Management Cues	145	(1)
Suggested Risk Management Guidelines	145	(1)
Examples of Leading U.S. Supreme Court Cases on Education	145	(1)
Additional Cases of Interest to Educators	146	(1)
Chapter Resources	147	(2)
Student Discipline	149	(1)
Section A: Exclusion from School	150	(3)
Focus Point: Short-Term Suspension	151	(1)
Example of a Management Cue	152	(1)
Suggested Risk Management Guidelines	152	(1)
Focus Point: Long-Term Suspension and Expulsion	152	(1)
Examples of Management Cues	153	(1)
Suggested Risk Management Guidelines	153	(1)
Section B: Corporal Punishment, Reasonable Punishment, Excessive Punishment, Intentional Torts	153	(3)
Focus Point: Corporal Punishment	153	(3)
Examples of Management Cues	155	(1)
Suggested Risk Management Guideline	156	(1)
Section C: Disciplining Students for Acts Off School Grounds	156	(3)
Focus Point: Institutional Authority Off School Grounds	156	(3)
Examples of Management Cues	158	(1)
Suggested Risk Management Guidelines	158	(1)
Section D: Liability for the Violation of Students' Rights	159	(1)
Focus Point: Liability for Violation of Students' Rights---The Civil Rights Act of 1871	159	(1)
Examples of Management Cues	160	(1)
Suggested Risk Management Guideline	160	(1)
Section E: Zero Tolerance	160	(9)
Focus Point: Zero Tolerance Policy Development and Implementation	160	(6)
Examples of Management Cues	163	(1)
Suggested Risk Management Guidelines	164	(1)
Examples of Leading U.S. Supreme Court Cases on Education	164	(1)
Chapter Resources	165	(1)
The Principal's Responsibilities in Providing Special Education Services	166	(3)
Section A: Key Terminology and Principles in Special Education Law	169	(8)
Focus Point: Free, Appropriate, Public Education (FAPE)	170	(1)
Examples of Management Cues	170	(1)
Suggested Risk Management Guidelines	171	(1)
Focus Point: The IDEA Definition of Disability	171	(1)
Examples of Management Cues	171	(1)
Suggested Risk Management Guidelines	172	(1)
Focus Point: Special Education, Related Services, and Supplementary Aids and Services	172	(2)
Examples of Management Cues	173	(1)
Suggested Risk Management Guidelines	174	(1)
Focus Point: Least Restrictive Environment (LRE)	174	(1)
Examples of Management Cues	175	(1)
Suggested Risk Management Guidelines	175	(1)
Focus Point: Procedural Safeguards	175	(2)
Examples of Management Cues	177	(1)
Suggested Risk Management Guidelines	177	(1)
Section B: Special Education Procedures	177	(23)
Focus Point: Conducting Prereferral Interventions	178	(2)
Examples of Management Cues	179	(1)
Suggested Risk Management Guidelines	179	(1)
Focus Point: Early Intervening Services	180	(1)
Examples of Management Cues	180	(1)
Suggested Risk Management Guidelines	181	(1)
Focus Point: Determining Eligibility for Services under IDEA	181	(2)
Examples of Management Cues	182	(1)
Suggested Risk Management Guidelines	183	(1)
Focus Point: Developing a Student's IEP	183	(3)
Examples of Management Cues	185	(1)
Suggested Risk Management Guidelines	186	(1)
Focus Point: Making Placement Decisions	186	(2)
Examples of Management Cues	187	(1)
Suggested Risk Management Guidelines	187	(1)
Focus Point: Implementing Required Procedural Safeguards	188	(2)
Examples of Management Cues	190	(1)
Suggested Risk Management Guidelines	190	(1)
Focus Point: Participation of Students with Disabilities in State and Districtwide Assessments	190	(1)
Examples of Management Cues	191	(1)
Suggested Risk Management Guidelines	191	(1)
Focus Point: Disciplining Students with Disabilities	191	(3)
Examples of Management Cues	193	(1)
Suggested Risk Management Guidelines	194	(1)
Focus Point: Determining Eligibility for Services under Section 504 of the Rehabilitation Act of 1973	194	(2)
Examples of Management Cues	195	(1)
Suggested Risk Management Guidelines	195	(1)
Focus Point: Ensuring That School-Based Special Education Teachers Are Highly Qualified	196	(4)
Examples of Management Cues	197	(1)
Suggested Risk Management Guidelines	197	(1)
Examples of Leading U.S. Supreme Court Cases on Special Education	197	(1)
Chapter Resources	198	(2)
Academic Issues and Student Records	200	(1)
Section A: Grade Assignment, Grade Reduction, and Minimum Competency Tests	200	(3)
Focus Point: Grade Assignment and Minimum Competency Testing	201	(1)
Examples of Management Cues	201	(1)
Suggested Risk Management Guideline	201	(1)
Focus Point: Grade Reduction and Student Attendance	202	(1)
Example of a Management Cue	202	(1)
Suggested Risk Management Guidelines	202	(1)
Focus Point: Grade Reduction, Withholding a Diploma, and Student Misconduct	203	(1)
Examples of Management Cues	203	(1)
Suggested Risk Management Guidelines	203	(1)
Section B: Participation in Extracurricular Activities	203	(4)
Focus Point: Academic and State Standards for Athletics and Other Extracurricular Activities	204	(1)
Focus Point: Disabled Student Athletes	205	(1)
Examples of Management Cues	206	(1)
Suggested Risk Management Guideline	206	(1)
Focus Point: Participation Fee Plans	206	(1)
Section C: Student Records	207	(33)
Focus Point: Family Rights and Privacy Act (FERPA), aka the Buckley Amendment	207	(3)
Focus Point: FERPA and IDEA	210	(1)
Focus Point: FERPA and Privacy in the Classroom	210	(7)
Examples of Management Cues	211	(1)
Suggested Risk Management Guidelines	212	(1)
Chapter Resources	213	(4)
Copyright Law	217	(16)
Focus Point: What Copyright Protects	218	(1)
Focus Point: The Source of Copyright Law	219	(1)
Focus Point: Public Domain	220	(1)
Focus Point: Fair Use Doctrine	220	(2)
Focus Point: School-Sponsored Internet	222	(2)
Focus Point: Educational Media Projects	224	(9)
Examples of Management Cues	224	(2)
Suggested Risk Management Guidelines	226	(6)
Chapter Resources	232	(1)
Search and Seizure	233	(7)
Focus Point: Proper or Improper Search and Seizure	234	(6)
Examples of Management Cues	238	(1)
Suggested Risk Management Guidelines	238	(1)
Additional Cases of Interest to Educators	239	(1)
Chapter Resources	239	(1)
The Principal's Responsibilities in Program Management	240	(1)
Section A: School Attendance	240	(6)
Focus Point: Constitutional Right to an Education	241	(1)
Focus Point: Home Instruction	242	(1)
Examples of Management Cues	243	(1)
Suggested Risk Management Guidelines	243	(1)
Focus Point: Homeless Children and Youth	243	(3)
Examples of Management Cues	245	(1)
Suggested Risk Management Guidelines	245	(1)
Section B: Bilingual and Special Language Programs	246	(6)
Focus Point: Court Rulings That Have Affected the Education of Language Minority Students	246	(5)
Examples of Management Cues	250	(1)
Suggested Risk Management Guidelines	250	(1)
Focus Point: Education of Migrant Children	251	(1)
Section C: Religion in Public Schools	252	(17)
Focus Point: Official Neutrality Regarding Religious Activity	254	(1)
Focus Point: School Prayer and Bible Reading	254	(3)
Focus Point: Distribution of Religious Literature by Students	257	(1)
Focus Point: Accommodation of Students With Special Religious Needs	257	(1)
Focus Point: Teaching About Religion	258	(2)
Focus Point: Religious Holidays	260	(1)
Focus Point: Religious Excusals	260	(1)
Focus Point: Released Time	260	(1)
Focus Point: Character Education	261	(1)
Focus Point: Student Attire	261	(1)
Focus Point: The Equal Access Act	261	(3)
Focus Point: Using Federal Funds for Remedial Education Services	264	(1)
Focus Point: Pledge of Allegiance	264	(1)
Focus Point: The Ten Commandments	265	(1)
Focus Point: Distribution of Bibles in Public Schools	266	(1)
Focus Point: Public Aid to Private Schools	266	(1)
Focus Point: The Religious Freedom Restoration Act	267	(2)
Examples of Management Cues	267	(1)
Suggested Risk Management Guidelines	268	(1)
Section D: The Marketplace of Ideas	269	(12)
Focus Point: Community Service	269	(1)
Focus Point: Censorship of Print Material	270	(3)
Focus Point: The Harry Potter Argument	273	(2)
Examples of Management Cues	274	(1)
Suggested Risk Management Guidelines	275	(1)
Focus Point: Issues Related to the Use of the Internet	275	(3)
Examples of Management Cues	277	(1)
Suggested Risk Management Guidelines	277	(1)
Focus Point: Internet Privacy for Student Files	278	(2)
Examples of Management Cues	279	(1)
Suggested Risk Management Guidelines	279	(1)
Focus Point: Technology and Student Misconduct	280	(1)
Suggested Risk Management Guidelines	281	(1)
Section E: Health and Safety Issues	281	(59)
Focus Point: School Violence and Liability for Failing to Protect Students	281	(4)
Examples of Management Cues	283	(1)
Suggested Risk Management Guidelines	284	(1)
Focus Point: Drug Testing of Students	285	(3)
Examples of Management Cues	287	(1)
Suggested Risk Management Guidelines	287	(1)
Focus Point: Drug Testing of School Employees	288	(2)
Examples of Management Cues	289	(1)
Suggested Risk Management Guidelines	290	(1)
Focus Point: Child Abuse	290	(3)
Examples of Management Cues	292	(1)
Suggested Risk Management Guidelines	293	(1)
Focus Point: Teacher Abuse of Students	293	(1)
Examples of Management Cues	294	(1)
Suggested Risk Management Guidelines	294	(1)
Focus Point: Child Abduction	294	(2)
Examples of Management Cues	295	(1)
Suggested Risk Management Guidelines	295	(1)
Focus Point: Students With AIDS	296	(4)
Examples of Management Cues	298	(1)
Suggested Risk Management Guidelines	298	(2)
Focus Point: Medication Administration	300	(1)
Focus Point: Immunization	300	(10)
Examples of Management Cues	300	(1)
Suggested Risk Management Guideline	301	(1)
Examples of Leading U.S. Supreme Court Cases on Education	301	(1)
Additional Cases of Interest to Educators	302	(1)
Chapter Resources	302	(8)
Sexual Harassment	310	(22)
Focus Point: Sexual Harassment Defined and Categorized	312	(2)
Focus Point: School Liability for Sexual Harassment	314	(2)
Focus Point: Appropriate Physical Contact versus Unwelcome Conduct or Hostile Environment	316	(2)
Focus Point: Harassment of Males	318	(1)
Focus Point: Duty to Prevent Antigay Student Harassment	318	(4)
Focus Point: Affirmative Response to a Complaint	322	(1)
Focus Point: Defense Against Allegations	322	(2)
Focus Point: Protecting Teachers' Reputations	324	(8)
Suggested Risk Management Guideline (Prohibited Conduct regarding Sexual Orientation)	324	(1)
Suggested Risk Management Guideline (Advice for Parents)	325	(1)
Suggested Risk Management Guidelines (Policy Development)	325	(1)
Suggested Risk Management Guidelines (Policy Implementation and Enforcement)	326	(1)
Suggested Risk Management Guidelines (Codes of Conduct and Training to Support Policy)	327	(1)
Suggested Risk Management Guideline (For Teachers and Other Employees)	327	(1)
Suggested Risk Management Guidelines (Cautions)	328	(1)
Suggested Risk Management Guideline (Compliance)	329	(1)
Suggested Risk Management Guidelines (Additional Considerations)	329	(1)
Chapter Resources	330	(2)
State-Created Danger and Deliberate Indifference	332	(7)
Focus Point: School District Liability at the Federal Civil Level, Based on the Fourteenth Amendment's Due Process Clause and Section 1983 of Chapter 42 of the United States Code	332	(7)
Example of a Management Cue	337	(1)
Suggested Risk Management Guidelines	337	(1)
Chapter Resources	338	(1)
The Principal's Tort Liability for Negligence as Applied to Expected Duty and Standards of Care	339	(1)
Section A: The Law of Torts and the Concept of Negligence	340	(4)
Focus Point: The Law of Torts	340	(4)
Section B: The Concept of Negligence and Its Application to Duty and Standards of Care	344	(9)
Focus Point: The Concept of Negligence	345	(4)
Examples of Management Cues	347	(1)
Suggested Risk Management Guidelines	347	(2)
Focus Point: The Concept of Duty and Standard of Care	349	(4)
Examples of Management Cues	351	(1)
Suggested Risk Management Guidelines	351	(2)
Section C: The Concepts of Negligence, Duty, and Standards of Care and Their Application to Proper Instruction, Proper Supervision, Proper Maintenance, Field Trips, Postinjury Treatment, Athletic Liability, and Spectator Safety	353	(28)
Focus Point: The Application of Negligence to Proper Instruction	354	(5)
Examples of Management Cues	357	(1)
Suggested Risk Management Guidelines	357	(2)
Focus Point: The Application of Negligence to Proper Supervision	359	(4)
Examples of Management Cues	363	(1)
Suggested Risk Management Guidelines	363	(1)
Focus Point: The Application of Negligence to Proper Maintenance	363	(6)
Examples of Management Cue	368	(1)
Suggested Risk Management Guidelines	368	(1)
Focus Point: The Application of Negligence to Field Trips	369	(4)
Examples of Management Cues	372	(1)
Suggested Risk Management Guidelines	373	(1)
Focus Point: The Application of Negligence to Postinjury Treatment, Athletic Liability, and Spectator Safety	373	(8)
Examples of Management Cues	376	(1)
Suggested Risk Management Guidelines	377	(1)
Additional Cases of Interest to Educators	378	(1)
Chapter Resources	379	(2)
Index	381