why would a public school superintendent get an estate and labor law lawyer

by Dr. Faustino Bailey DDS 6 min read

How does a school superintendent work with principals?

The superintendent has regular meetings with principals about specifics of the daily operations of their buildings. The superintendent must have principals/assistant principals that they trust fully to do their jobs because having an ineffective principal in a school can be disastrous.

What does a law firm do for a school district?

A law firm is generally retained to defend a school district against a lawsuit. A law firm holds the advantage of having many attorneys to draw on for expertise. For instance, some law firms have attorneys that specialize in education law and so are well practiced in defending school districts.

What is the relationship between the Board of Education and superintendent?

Once the superintendent is in place, then the board of education and the superintendent should become partners. While the superintendent is the CEO of the district, the board of education provides oversight for the superintendent. The best school districts have boards of education and superintendents who work well together.

Can an education lawyer represent me in a lawsuit against a school?

An education lawyer can represent you if you wish to file a lawsuit against a school. Education law attorneys typically handle such matters as student rights, student discipline, bullying, harassment and how the school is governed. However, the type of lawyer involved in a lawsuit...

Is the superintendent more powerful than the principal?

Yes, a superintendent is higher than a principal. They are charged with the overall supervision of the entire school system, including its schools, the teachers, principals, and support staff, and ensuring that all of the school district's policies are carried out as designed.

Which duty is the most important for a school superintendent?

A great superintendent is an instructional leader. He or she knows that the most important job of the school district is to make sure students are learning and achieving at high levels. He or she is knowledgeable of the best practices for maximizing student achievement and is supportive of teachers in the district.

What is the difference between a superintendent and principal?

The superintendent oversees the entire district, whereas a principal oversees an assigned school building. First off, the roles of a superintendent differ from a principal based on the decisions each leader must make.

Is being a school superintendent stressful?

Superintendents often worry about their own well-being last, he adds. He lists "physical and psychological effects, burnout, flat-out emotional exhaustion'' among the manifestations he has seen. "And the other one is scary-depersonalization. You're so inundated with people you suffer 'encounter stress.

What are the responsibilities of the local county school superintendent?

He is responsible for the effective operation of the District; for the general administration of all instructional, business or other operations of the District; and for advising and making recommendations to the Board of Education with respect to such activities.

What are some challenges for local school superintendents?

Challenges faced by these superintendents which were investigated in this study were: political obstacles/governance; high stakes testing; curriculum and instruction; funding; student socio- economic status; student demographics; personnel ethics; a lack of highly-qualified teachers and paraprofessionals; a lack of ...

Who is higher than a school principal?

Typically, a principal reports to a higher level administrator. Being a superintendent, however, requires a seven-member board to support high-level decision-making. There are also many stakeholders in the district that the superintendent must be in communication with.

What are the school head's responsibilities as an administrator?

What Does a School Administrator Do?Developing class schedules.Ensuring curriculum standards are met.Providing professional development opportunities for teachers.Monitoring student success with test results and other data.Overseeing the school budget.Coordinating school security.Communicating with parents as needed.More items...

Who is responsible for financial management in schools?

the principalthe principal should be held accountable for the finances is an absurd proposition. The principal, by virtue of his position, plays a dual role: one who is responsible for the profes- sional management of a school, and the other as ex-officio member of the school governing body.

Are school Principals stressed?

A new RAND Corporation study found that 80 percent of secondary school principals experienced frequent job-related stress during the 2020–2021 school year.

How do you become a principal without teaching?

Education Requirements for School PrincipalsBachelor's Degree in Education. ... Master's Degree in Educational Administration or Leadership. ... Doctorate (Optional, depending on the state) ... Principal Certification (usually obtained through a program)

What do Principals do in the summer?

Typically, principals work year round and do not have summers off, even if students are not in school. During the summer, principals schedule building maintenance, order school supplies, and hire new teachers and other staff in preparation for the upcoming school year.

What is labor law?

Labor laws are a broad set of laws, rules, and regulations that apply in employment settings. The main goal of these laws is to protect the rights of employees. Common labor law disputes include: Worker’s compensation. The term labor law can be almost interchangeable with the term employment law.

What is an at will employee?

There are typically two broad categories of employees, an at-will employee or a contingent worker, such as a contract worker. Most state laws provide that employment is at will. This means that an employer can terminate an employee from a position for any reason, so long as that reason is not illegal.

What rights does the NLRA give to employees?

For example, the NLRA grants employees rights including: To form a union if one does not exist; To join a union; To decline to take part in union activities; To do away with a union, if certain conditions are met; and. To be fairly represented by a union.

What is the purpose of the National Labor Relations Act?

The goal of this law is to ensure that the rights of the employees are not violated. For example, the NLRA grants employees rights including: To form a union if one does not exist; To join a union;

What is an employment contract?

An employment contract is an agreement between the employer and employee that outlines the basic responsibilities of the employee. When the employee signs in the contract, it is deemed binding. There are various types of employment contracts that employees may be required to sign. These include:

How to report unfair labor practices?

In order to report an unfair labor practice, an employee must file a complaint with the nearest NLRB regional office. The NLRB will then investigate the complaint and attempt to reach a settlement.

Can federal labor laws be overridden?

United States labor laws are very unique. While they vary from state to state, there are overreaching federal laws that can override state labor laws. A labor rights lawyer can assist an individual with any labor issues they have and advise them of what labor laws apply in their state.

What is a clause in a school board agreement?

Often there will be a clause which specifies in general terms that the school board attorney or someone from his firm will provide adequate time and attention to the issues of the school district. An example of such a clause follows.

How long does it take for an attorney to respond to a school board question?

Attorney shall timely respond to questions posed by the superintendent, assistant superintendents or executive directors within 24 hours to 48 hours of the initial contact.

What are the duties that fall outside of a retainer?

The duties which fall outside the retainer and for which may be billed additionally include litigation, bond issues, buying or selling real estate, hearings, grievances, arbitrations and other duties not specified in the retainer agreement.

What are the major elements of a school district general counsel contract?

Major elements of the employment contract for the school district general counsel should include the following. 1. The term of the contract. 2. A termination clause. 3. Duties.

Is the State Bar Association the same as the State Bar Association?

As an aside do not confuse the State Bar with the State Bar Association. The State Bar actually certifies attorneys to practice law within the State while the State Bar Association is an organization – very similar to the superintendents association of the respective state.

Is there a rule of thumb for superintendents?

There really is no rule of thumb to follow but superintendent’s instincts work well in this situation as does questioning other superintendents in the area. In any event be prepared for an avalanche of applications once the advertisement becomes public.

Do school districts have lawyers?

While some larger school districts employ legal counsel in-house, most school districts in the United States contract with an outside private-practice attorney on a retainer basis. Unless a school district superintendent remains in the position for several years it is unlikely he or she will be involved in selecting a new school board attorney, ...

Why do superintendents have to have principals?

The superintendent must have principals/assistant principals that they trust fully to do their jobs because having an ineffective principal in a school can be disastrous.

What is the job of a superintendent in a school district?

The superintendent is responsible for keeping the board informed of events and happenings in the district and also making recommendations about daily operations for the district.

What is the toughest decision a school superintendent will face?

The toughest decisions a school superintendent will face are in those years of deficit. Cutting teachers and/or programs is never an easy decision. Superintendents ultimately have to make those tough decisions to keep their doors open.

What is an assistant superintendent?

Assistant Superintendents – Large districts have the luxury of hiring assistant superintendents who specialize in one or two specific areas such as transportation or curriculum. These assistant superintendents meet regularly with the superintendent and receive their direct instruction from them, but manage the daily operations of their area. Small districts typically do not have assistants, so all the responsibility would fall on the superintendent.

What is the role of the board of education?

One of the primary duties of the board of education is to hire a superintendent for the district. Once the superintendent is in place, then the board of education and the superintendent should become partners. While the superintendent is the CEO of the district, the board of education provides oversight for the superintendent.

What dictates how much money is going to be available for the school district?

The economy almost always dictates how much money is going to be available for the school district. Some years are better than others, but a superintendent must always figure out how and where to spend their money. The toughest decisions a school superintendent will face are in those years of deficit.

What is the primary role of a school superintendent?

The primary role of any superintendent is to develop and maintain a healthy school budget. If you are not good with money, then you will likely fail as a school superintendent. School finance is not an exact science. It is a complicated formula that changes from year to year especially in the realm of public education.

What does a school district attorney do?

The school district will pay for the legal services directly without going through a law firm. Counsel hired by the district as general counsel usually handle daily legal questions, contractual issues and smaller lawsuits involving simpler laws, such as open records requests or procedural questions for school board meetings. However, these attorneys may also advise on more complex lawsuits, typically with the assistance of a firm or attorney separately hired for a specific lawsuit.

What is an education law attorney?

Education law attorneys typically handle such matters as student rights, student discipline, bullying, harassment and school governance; if your issues involve other types of problems, another type of lawyer may be appropriate.

What is a slip and fall lawsuit?

Lawsuits brought by parents and students against a school district could be anything from a slip-and-fall case to a violation by the school district of local, state, or federal statutes. You'll need to hire a lawyer that specializes in the type of legal problem you're experiencing. For example, if your child has been injured on school premises, ...

What is a union attorney?

In addition, union attorneys are frequently used in the course of negotiating a collective bargaining agreement. When the union and the school district are unable to reach agreement through negotiation or arbitration, the agreement occasionally proceeds to the courts, where a union attorney will represent the district's employees.

What happens if a school violates your admissions agreement?

If the school has violated your admissions agreement, you may have a claim for breach of contract and will need a contracts lawyer. The first step may be to speak to an education attorney and find out if she can help, or she can direct you to the appropriate type of attorney for the situation.

Can a district hire a single attorney?

The district may hire a single attorney, or it may hire an entire law firm. A law firm, as opposed to a solo practicing attorney, holds the advantage of having many attorneys to draw on for expertise and having more resources to cover expenses.

What are the areas of school law?

The National School Boards Association provides the latest information and resources about these 15 distinct areas of school law: Equity and Discrimination – Issues involving age, disability and race, as well as gender and homeless status. Employment and Labor – Hiring practices, issues of health and other benefits, ...

What is the first step in becoming a school administrator?

The first step is knowing how to find information, as well as when and where to get legal guidance and clarification on the many issues a school administrator may encounter.

What is special education?

Special Education and Disabilities – Understanding the complex issues and legal responsibilities for compliance with the Individuals with Disabilities Act and other federal and state acts and laws. Privatization and Choice – Issues about school choice, charter and private schools, vouchers, and alternative schools.

What is the curriculum of law school?

Along with studying school law, the curriculum addresses current issues in education, methods of educational research, school leadership, school-community relations, school administration, supervision of instruction and more. The rigorous coursework is taught by the same experienced faculty who teach on campus.

What is the legal system?

Legal System – Compliance with all legal matters at the federal, state and local levels. Religion – The role of religion, First Amendment rights, Free Exercise and Free Speech. School Safety – Issues regarding safety in schools, violence, harassment and bullying.

Do school administrators need to be lawyers?

Although it is not necessary to turn administrators into lawyers, education leaders do need to have a basic understanding of school law. It would be impossible for any school administrator to be well-versed on school law in all 15 of these areas. However, principals and administrators must be aware of the areas of legal responsibility ...

Why are school districts liable for their employees' actions?

Because school districts are employers as well as education providers, they can be liable for employees’ actions while they’re doing their job (what’s known as the “scope of employment”). For instance, if a student was hurt in football while following a coach’s instructions, the coach was acting in the scope of employment.

Why do schools have a duty to supervise?

Schools’ legal duty to provide adequate supervision comes from the notion that they’re acting in the place of parents while students are on campus or taking part in school-related activities. So teachers and other school employees should supervise children just as a sensible, careful parent would do in similar circumstances.

What to do if your child is harmed by school?

If you suspect that your child was harmed because school officials were negligent in supervising students or employees, consider consulting a lawyer. An attorney with experience in a field like personal injury or education law should be able to explain the state laws that apply to your situation, as well as possible grounds for filing a personal injury lawsuit. A lawyer can also explain the procedures and deadlines in your state for filing a notice or claim with the school district (generally required before suing public school, which may otherwise be immune from lawsuits).

What is the responsibility of a school?

Schools have a responsibility to provide students with a safe learning environment. When a school doesn’t meet accepted standards of care, it might be considered negligent. And when students are harmed because of that negligence, they (or their parents) might be able to file a personal injury lawsuit against the school and receive compensation ...

Do schools have to have monitors?

Schools are only required to provide supervision that’s reasonable under the circumstances. For instance, it’s not reasonable to expect a high school to have monitors stationed in every stairway and corner—even if it’s possible that a teenager could be assaulted by another student in one of those out-of-the-way places.