Working in a Legal and Regulatory Environment

The books in this series describe what successful principals must know and be able to do. Written by teams of nationally recognized experts and accomplished practitioners, they include practical materials such as checklists, sample letters, model forms, case studies, and action plans.

Foreword

vii

Preface

ix

About the author

xi

Introducing Education Law

1

(4)

References

3

(2)

The Sources and Nature of Educational Law: Understanding and Accessing the Knowledge Base

5

(28)

What is Educational Law?

5

(1)

What are the Sources of Educational Law?

6

(6)

Constitutions

6

(2)

Statutes

8

(1)

Administrative Rules and Regulations

9

(1)

Case Law

9

(3)

What Is the Relationship Between and Among the Various Sources of Educational Law?

12

(5)

Where is the Educational Law Knowledge Base to Be Found and How Does One Access It?

17

(10)

How Does One Obtain a Minimal Working Understanding of the Educational Law Knowledge Base?

27

(2)

How Does One Remain Current with Respect to the Educational Law Knowledge Base?

29

(2)

References

31

(2)

Educational Law: Underlying Values and Concepts

33

(28)

Values and Concepts Identified

33

(2)

Behaving in a Fair and Reasonable Manner

35

(6)

According Due Process of Law

41

(5)

Assuring Equal Protection of the Law

46

(6)

Respecting Individual Rights and Freedoms

52

(6)

Suggested Activities

58

(1)

References

59

(2)

Law as an Instrument of Administrative Decision Making

61

(30)

Introductory Observations

61

(2)

Decision Making in School Administration

63

(2)

Legal Decision-making Model

65

(24)

Step 1: Gathering the Facts

67

(4)

Step 2: Identifying Legal Issues and Questions

71

(4)

Step 3: Applying the Legal Reasoning Process

75

(4)

Step 4: Engaging in Experiential Reevaluation

79

(5)

Step 5: Generating Alternative Courses of Action

84

(3)

Step 6 and Step 7: Assessing the Alternatives and Choosing a Course of Action

85

(2)

Step 8: Securing Necessary Approvals for the Decision

87

(1)

Step 9: Implementing the Decision

87

(1)

Step 10: Evaluating the Decision

88

(1)

Suggested Activities

89

(1)

References

89

(2)

Legal Decision-Making Flow Charts

91

(42)

Maintaining Familiarity with Court Decisions

92

(1)

Constructing and Using Legal Decision-making Flow Charts

93

(38)

Suggested Activity

131

(1)

References

131

(2)

A Preventative Approach: Four Useful Ideas

133

(27)

Good Practices

134

(23)

Principal's Monthly School Inspection Report

157

(1)

Education Law Into Practice

157

(1)

Legal Form Books

158

(1)

Suggested Activities

159

(1)

References

160

What is included with this book?

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Working in a Legal and Regulatory Environment

Summary

Table of Contents

Supplemental Materials