1. Legal Issues and School LeadershipBy
Dr. Paul A. Rodriguez

2. The Interstate School Leader Licensure Consortium
Standard #1: A school administrator is an educational leader who promotes the success of all students by facilitating the development, articulation, implementation, and stewardship of a vision of learning that is shared and supported by the school community.
Standard #3: A school administrator is an educational leader who promotes the success of all students by ensuring management of the organization, operations, and resources for a safe, effective, and efficient learning environment.
Standard #5: A school administrator is an educational leader who promotes the success of all students by acting with integrity, fairness, and in an ethical manner.
Standard #6: A school administrator is an educational leader who promotes the success of all students by understanding, responding to, and influencing the larger political, social, economical, legal and cultural context.

3. Chapter Objectives
Discuss the legal requirements that impact the curriculum.
Identify and discuss the legal aspects of religion as part of the curriculum.
Discuss the legal issues associated with school reform and higher academic standards.
Identify and apply federal laws and policies that pertain to personnel decisions including employment and dismissal
Identify and apply federal laws and policies that relate to decisions regarding students including privacy, school safety, and sexual harassment.
Discuss the legal implications related to school operations and programs including student supervision, transportation, and extracurricular activities.

4. Curriculum
Do’s
Align curriculum with state and national standards with test objectives
Work with the local community to define politically acceptable curriculum related to sex education
Conduct school-wide celebrations that reflect sensitivity to students from all cultures
Encourage activities that are sensitive to varying religious beliefs
Follow state and federal guidelines for curriculum programs
Don’ts
Ignore curriculum topics that may lead to student failure on high-stakes tests
Teach sex education without the involvement of the parents, and leaders, from the school community
Use the school’s curriculum as a forum for promoting religious belief over other
Ignore federal guidelines for special, education, bilingual education, and Title 1 programs
Case Law Example: Scopes V. State 1926

5. School Personnel Do’s Hire the most qualified person
Have hiring practices that are objective, job-related, and consistent with the advertised position
Conduct reference checks
Train staff involved in the interviewing process
Follow district and state guidelines for curricular programs
Don’ts
Vary from district policies and procedures for advertising, interviewing, and selecting personnel
Discriminate on the basis of an individual’s race, color, religion, sex, national origin, age, or disability
Violate individuals’ due process rights during the dismissal process
Statutory Law Example: Title VII of the Civil Rights Act of 1964

6. School Safety Do’s Establish a crisis management plan
Have a clearly written student code of conduct
Create and distribute a sexual harassment policy
Follow state and local guidelines for the use of corporal punishment
Use corporal punishment only as a last resort
Release student records as permitted by the Family Educational Rights and Privacy Act (FERPA)
Allow students the opportunity to request the district to withhold directory information
Don’ts
Fail to periodically practice your crisis management plan
Forget to distribute and teach the student code of conduct to all school personnel and students
Refuse or fail to act on any reported incidents of sexual harassment
Use corporal punishment as an initial intervention strategy
Release student records to individuals or agencies who do not have a legitimate educational interest
Statutory Law Example: Safe Schools Act of 1994
Case Law Example: Ingraham V. Wright 1977

7. School Operations and Programs
Do’s
Supervise students at all times
Follow district guidelines when transporting students to and from the school
Obtain written permission from the parents for emergency medical treatment that may be necessary at an off-campus activity
Don’ts
Fail to notify parents of off-campus school activities
Forget to provide adequate supervision and instruction in high-risk school activities
Case Law Example: Alamo Heights Independent School District V. State Board of Education, 1986