why should school districts have a lawyer on staff

The school board and its staff will provide the attorney with such matters it desires the attorney to review (including contracts for review) a reasonable period of time under the circumstances before the deadline for the attorney’s work to be completed.

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Should schools arm teachers and staff?

It is desirable to list the representative duties expected of the new school attorney such as attending school board meetings as scheduled, offering advice to the superintendent and school board as required, communicate with the Risk Management Department of the school district, reviewing contracts and whatever else you desire to be included in the retainer agreement.

What laws protect teachers from discrimination in the United States?

The purpose of this article is to express the significance of law in public schools. In public school law you have a basic legal framework, and within the framework you have the ... Educators should plan to attend as many staff development opportunities as ... districts, school personnel, and parents more ownership of the education system ...

What is the law of contracts between teachers and school districts?

Q - 13. Should districts provide staff training on how to avoid violating the law in this area? A - 13. Staff training at the school and district level is encouraged. Ultimately, the state and district have the legal responsibility to ensure that they are complying with Federal law. Staff training helps facilitate that compliance. Q - 14.

Is school attendance a matter of law?

Teacher and Staff Rights. Teacher and School Staff including food services, maintenance and operations, office and clerical, paraeducators, special services and administration enjoy a number of rights pertaining to their employment, including recognition of certain freedoms, prohibition against certain forms of disrimination, and significant protections against dismissal from their …

What is Dear Colleague letter?

The Dear Colleague letter encourages states and districts to review enrollment policies and practices carefully to make sure they are consistent with the law and do not have a chilling effect on the willingness of parents to enroll their children. Any problems should be corrected.#N#In addition, the U.S. Departments of Education and Justice encourage districts to be proactive in notifying parents of their rights to send their children to public school. For example, districts can conduct outreach to communities to inform parents that all students who are residents in the district are welcome to attend the district's schools.

What is the Department of Education and Justice?

Departments of Education and Justice encourage states and districts to proactively implement supportive enrollment policies and practices that create a welcoming and inclusive environment for all students. 2.

What information is required for a school district to enroll a student?

There is typically only minimal information that a district is required to collect under state law for a student to be able to enroll, such as proof of age, immunization history, and residency within the district. Both the state and the district must act in compliance with the Constitution and valid Federal or state laws, including their obligations not to discriminate, or implement policies that have the effect of discriminating, on the basis of race, color, or national origin. In doing so, states and districts should also assess their current policies to determine whether they are doing anything that may have the effect, albeit unintended, of discouraging the enrollment of undocumented children, such as asking for immigration papers or social security numbers. Such practices and policies, once identified, should be changed to eliminate any possible chilling effect on enrollment.

What is the Department of Education Civil Rights Division?

U.S. Department of Justice. Civil Rights Division. U.S. Department of Education. Office for Civil Rights. These Questions and Answers are intended to assist states and school districts in meeting their legal obligations to ensure that their enrollment 1 policies and practices do not discriminate on the basis of race, color, or national origin, ...

What document should a district use?

A district should publicize that it will use a foreign birth certificate, baptismal record, or alternative document in the same manner that it will use a United States birth certificate, baptismal record, or alternative document: that is, solely to establish the age of a child.

Is citizenship relevant to establishing residency in the district?

Immigration or citizenship status is not relevant to establishing residency in the district, and inquiring about it in the context of establishing residency is unnecessary and may have a chilling effect on student enrollment. Q - 2.

Do you need a birth certificate to enroll in school?

A - 5. No. The Dear Colleague letter does not suggest that states or districts must or should require a birth certificate. Furthermore, state laws setting forth enrollment requirements typically either make no mention of birth certificates, or expressly permit parents to provide alternative documents to demonstrate that a child meets a school district’s age requirements to enroll. Depending on the state or district, alternative documents could include, but are not limited to: a religious, hospital, or physician’s certificate showing date of birth; an entry in a family bible; an adoption record; an affidavit from a parent; previously verified school records; or any other alternative document permitted by law. School districts should make parents aware of any alternatives that exist as part of their efforts to ensure a welcoming and inclusive environment for all students.

Who has authority to discipline or dismiss a school district employee?

The superintendent has authority to discipline or dismiss any employee of the school district, subject to the provisions of state law and the terms of any contract of employment. (G.L. c. 71, [ [section]] 42) Only a superintendent may dismiss a principal.

How effective are school committees?

School committees are most effective in advancing education reform when they focus on the strategic direction of the school system, on educational policy and outcomes rather than on managerial responsibilities. With respect to school principals, under Education Reform their role is more important than ever.

What is the job of superintendent?

The superintendent serves as the school committee's chief executive officer and educational advisor. The superintendent is the educational leader for the school system, and provides administrative leadership for all school staff in operational matters and in proposing and implementing policy changes.

What is the role of the superintendent in the school committee?

The superintendent serves as the school committee's chief executive officer and educational advisor.

What is a school board?

The school board is a legal agent of the state and must, therefore, fulfill both state and federal mandates. At the same time, the board must be responsive to the community it serves. The board is a legislative body that develops, evaluates, and oversees education policies.

How can education reform be successful?

Education Reform will be successful if all parties involved in local school governance — school committees, superintendents, principals, and school councils — communicate and work collaboratively with each other and with the wider community to achieve the common goal of improving educational opportunities and outcomes for students. Every party in the governance structure has a vital role to play. As the AASA-NSBA booklet states, those who work in and with schools and students "must share a vision, a clear purpose, and the ability and courage to lead." We hope this advisory helps to clarify the roles and relationships in the local school governance structure. If we are to assure that our students realize the promise that Education Reform holds, we must continue to work together.

What is the role of the principal in a school improvement plan?

The principal works with the council to identify the educational needs of the students attending the school, review the annual school budget, and prepare a school improvement plan. The plan addresses issues such as professional development, student learning time, parent involvement, safety and discipline, and ways to meet the diverse learning needs of the students in the school. Each school council in the district submits its school improvement plan annually to the school committee. If the school committee does not review the plan within thirty days of receipt, the plan is deemed to have been approved. (G.L. c. 71, [ [section]] 59C)

How does tenure protect teachers?

Most states protect teachers in public schools from arbitrary dismissal through tenure statutes. Under these tenure statutes, once a teacher has attained tenure, his or her contract renews automatically each year. School districts may dismiss tenured teachers only by a showing of cause, after following such procedural requirements as providing notice to the teacher, specifying the charges against the teacher, and providing the teacher with a meaningful hearing. Most tenure statutes require teachers to remain employed during a probationary period for a certain number of years. Once this probationary period has ended, teachers in some states will earn tenure automatically. In other states, the local school board must take some action to grant tenure to the teacher, often at the conclusion of a review of the teacher's performance. Tenure also provides some protection for teachers against demotion, salary reductions, and other discipline. However, tenure does not guarantee that a teacher may retain a particular position, such as a coaching position, nor does it provide indefinite employment.

What is a breach of contract between a school district and a teacher?

Breach of contract cases between teachers and school districts arise because a school district has terminated the employment of a teacher, even though the teacher has not violated any of the terms of the employment agreement.

What is the right of a teacher to due process?

Sindermann, which also held that where a teacher has attained de facto tenure, the teacher is entitled to due process prior to dismissal by the school district. State laws do not govern the tenure process at private schools.

What is the law of contracts?

The law of contracts applies to contracts between teachers and school districts. This law includes the concepts of offer, acceptance, mutual ASSENT, and consideration. For a teacher to determine whether a contract exists, he or she should consult authority on the general law of contracts.

What is the remedy for a teacher who breaches a contract?

The usual remedy for breach of contract between a school district and a teacher is monetary damages. If a school district has breached a contract, the teacher will usually receive the amount the teacher would have received under the contract, less the amount the teacher receives (or could receive) by attaining alternative employment. Other damages, such as the cost to the teacher in finding other employment, may also be available. Non-monetary remedies, such as a court requiring a school district to rehire a teacher or to comply with contract terms, are available in some circumstances, though courts are usually hesitant to order such remedies. If a teacher breaches a contract, damages may be the cost to the school district for finding a replacement. Many contracts contain provisions prescribing the amount of damages a teacher must pay if he or she terminates employment before the end of the contract.

Why is my teacher's license suspended in Illinois?

In Illinois, th Teacher's certificate may be revoked or suspended for immorality, health condition detrimental to students, incompetence, unprofessional conduct, neglect of duty, willful failure to report CHILD ABUSE, conviction of certain sex or narcotics offenses, or other just cause.

Can a probationary teacher be dismissed?

Prior to attaining tenure, a probationary teacher may be dismissed at the discretion of the school district, subject to contractual and constitutional restrictions. Laws other than those governing tenure will apply to determine whether a discharge of a teacher is wrongful.

Why is school safety important?

Not only is it important for students to feel safe and secure in their school surroundings, it's important for their learning growth as well. If you're a parent, guardian, or educator who has school safety concerns, you may wish to contact your school's district and ask whether there are existing safety guidelines and policies in place. Otherwise, you may wish to contact an attorney to learn more about a particular law in question.

Why do schools require a greater amount of care?

However, because schools are typically utilized by young children, the law requires a greater amount of care to be taken in situations where students are present.

What is premises liability in schools?

Under the theory of " premises liability ", occupiers and owners of land (including schools) are legally required to keep premises safe for those who are legally allowed to be there.

Why are parents concerned about their children?

Parents are also concerned with the general well-being of their child during school hours, such as whether the school provides appropriate levels of safety measures or whether there is a solid school discipline policy in place. Finally, some parents are simply concerned with whether their child's lunchbox and other school-related items meet the current U.S. safety standards.

Why is it important for parents to read school policies?

Because students often need various school-related items, it is important to know whether certain items or products pose any harmful risks.

What are the policies of a school?

Most schools have some sort of student codes of conduct and other discipline policies which generally outline a student's rights and responsibilities within the student body. These policies also typically include types of behavior that are acceptable or inappropriate on school campuses (or even beyond school doors). Parents (or guardians) should read through these policies with their child to ensure awareness of important safety and discipline guidelines.

Why should parents send their children to school?

Whatever the situation, most parents would agree that their number one goal in sending their child to school is to give them the opportunity to learn in a safe, peaceful, and secure environment. Below is an overview of legal issues and laws pertaining to school safety that parents, guardians, and educators should be aware of.

Who maintains school surveillance equipment?

Typically, school surveillance equipment is maintained by District IT department personnel. Password protected access to the information should initially be limited to specific school staff, including IT, security personnel, school resources officers (SRO’s), safety/risk managers and top administrators. The data should not be generally available to all staff and certainly not to the public through web sites. Upon knowledge of an event, authorized staff shall direct access to and preserve all data in a “hold” status.

What is the policy for school security cameras?

The policy should effectively address privacy issues and provide fair disclosure to students, staff and visitors that on-campus surveillance measures are in place . The policy, at a minimum, should:

Why is it important to post signage at all school entrance locations?

As discussed above, In order to prevent a person from raising the defense of some general expectation of privacy on the school campus, it is also an important practice to post signage at all school entrance locations disclosing the existence of surveillance on campus. Sample language includes:

Educators are filing lawsuits against mandates

Six workers in Oregon—including a school bus driver— sued Gov. Kate Brown last week over the state’s mandate , arguing that since they already had COVID-19, they had natural antibodies and should not be compelled to receive the vaccine.

Religious, medical exemptions are a complicated question

The federal Civil Rights Act of 1964 says employers must make reasonable accommodations for employees who object to a work requirement because of their sincerely held religious beliefs or practices. Those religious beliefs do not have to adhere to religious groups’ positions, according to the U.S.

Why should administrators review school policies?

Overall, school policies and procedures establish expectations, keep students and staff safe, and make sure students receive a good education .

Why are school policies important?

Good school policies and procedures make it easier for parents, teachers, and students to identify bullying or sexual harassment. They provide a way forward for victims and hold perpetrators accountable. The policies should provide definitions and examples of things that would qualify as bullying or harassment.

What are the expectations of a school board?

School boards and administrators have certain expectations about how a school should run. In order to function effectively, schools must have clear policies and procedures that guide day-to-day processes. These policies cover everything from attendance, to student discipline, to emergency procedures.

What is the purpose of creating a safe learning environment?

They also establish guidelines to keep students and staff safe. Creating a safe learning environment involves protecting students and staff from physical, emotional, and psychological harm.

Why is it important to have clear guidelines in place for school clubs and athletics?

Having clear guidelines in place for school clubs and athletics will prevent accusations of discrimination. For example, school policies may specify that a student-athlete must maintain a certain GPA. They may also lay out requirements for adults or non-students who want to lead or participate in after-school clubs.

How can schools avoid controversy?

Schools can avoid such controversy by creating clear dress code policies that apply to the entire student population. They must not target one particular group of students, or be enforced in a way that could be seen as discriminatory against students of a particular race, religion, political belief, or gender identity.

What should be the policy of bringing dangerous objects to school?

It should also establish the consequences of bringing dangerous objects to school. Having clear policies in place can prevent students from accidentally bringing dangerous objects to school.

Letter from Robert v. Antonucci, Commissioner of Education

I. Educationalgoals & Policies; Management & Leadership

II. Budget

III. Staffing

• A. Hiring authority for particular positions
  1. Superintendent, assistant/associate superintendents, school business administrator, administrator of special education, school physicians and registered nurses, legal counsel, supervisors of attendance State law:The school committee is responsible for appointing person…
• B. Levels of compensation
  State law: The school committee establishes policies on levels of compensation for school principals and for other administrators and personnel not assigned to particular schools. (G.L. c. 71, [[section]] 59B) "Compensation" is a broader term than salary; it includes, for example, benefi…

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IV. Selection & Purchase of Textbooks and Educational Materials

v. School Councils; School-Based Decision-Making

Conclusion