The Principal′s Quick-Reference Guide to School Law

Dr. Robert F. Hachiya is an associate professor in the education leadership department at Kansas State University. With twenty-seven years’ experience as a teacher, coach, assistant principal, and principal, Dr. Hachiya now teaches courses and advises graduate students at Kansas State University. Among the classes he teaches are Education Law, as well as Ethical Dimensions for Leadership; Principalship; Leadership for Diverse Populations; and History and Philosophy of Educational Administration. He joined the team of Robert J. Shoop and Dennis R. Dunklee for the third edition of this book and is now the sole author of the fourth edition. Dr. Hachiya has presented across the country at several national conferences, including the National Association of Secondary School Principals (NASSP) National Convention in Philadelphia, Pennsylvania, regarding conducting sexting investigations, and in Boston, Massachusetts, on school violence prevention. In 2021, he presented at the Education Law Association Conference on the practical applications for principals regarding the Mahanoy Area School District v. B.L. decision of the United States Supreme Court. He has also presented papers or led discussions at conferences for the Education Law Association (ELA), the University Council for Educational Administration (UCEA), the International Council of Professors of Educational Leadership (ICPEL), and the Kansas United School Administrator (K-USA). Dr. Hachiya received his BS degree from the University of Nebraska-Lincoln and his master’s and EdD degrees from the University of Kansas. He also did post-doctoral work at the School Law Institute at Teachers College, Columbia University.

Preface and Advisement
Acknowledgments
About the Author
Introduction
1. The School and the Legal Environment
1a. The School’s Relationship to the Legal Environment
1b. Constitution Clauses and Amendments That Affect Education Practice
1c. Selected Federal Statutes That Affect Education Practice
1d. Supreme Court Rulings That Affect Education Practice
2. Preventive Law: Developing Risk and Crisis Management Programs
2a. Prevention and Risk Management
2b. Duty and Risk Management
2c. Working With the Media
3. Tort Liability
3a. The Law of Torts and the Concept of Negligence
3b. The Concept of Negligence and Its Application to Duty and Standards of Care
3c. Negligence, Duty, and Standards of Care in School Activities
3d. State-Created Danger and Deliberate Indifference
4. Students’ Rights
4a. Symbolic Expression
4b. Oral and Written Expression
4c. Privacy, Search, and Seizure
4d. Gender Identity
5. Technology and Social Media
5a. Student Technology Misconduct On and Off School Grounds
5b. Use of Technology to Monitor Students
6. Student Discipline
6a. Discipline Considerations for Principals
6b. Due Process
6c. Applying Discipline to Students
7. Sexual Harassment
7a. Origins of Sexual Harassment Prohibitions
7b. Definitions
7c. Title IX and Changing Guidance
7d. How to Handle Allegations and Complaints
7e. Additional Essential Topics of Focus
7f. Prevention
8. Special Education Services
8a. The Purpose and Historical Context of Special Education
8b. Key Terminology and Principles in Special Education Law
8c. Identification and Procedures for Students With Disabilities
8d. Disciplining Students With Disabilities
8e. Suggested Additional Resources
9. Program Management
9a. School Attendance
9b. Bilingual and Special Language Programs
9c. Religion in Public Schools
9d. The Marketplace of Ideas
9e. Health and Safety Issues
10. Copyright Law
10a. Sources of Copyright Law
10b. Copyright Protections
10c. Public Domain and Fair Use
10d. Minimizing Risk
11. Human Resources Management
11a. Human Resource Functions and Demands on Principals
11b. Important Laws Related to Human Resources
11c. Staff Selection
11d. Negligent Hiring, Defamation, and Referencing
11e. Examples of Management Cues
12. Teachers’ Rights
12a. Licensure and Employment Contracts
12b. Teachers’ Rights
12c. Teacher Discipline and Dismissal
12d. Hearings and Procedural Due Process
12e. Performance Evaluation
13. Education Law 101 for Teachers: Priorities for Professional Development
13a. Code of Ethics for Educators
13b. Teachers and Students
13c. Relationship With Administrators
13d. Teacher Protection in Practice
Table of Cases
References and Resources