District Administration - April 2007 - (Page 35)

Advice from Legal Experts on Preventing Lawsuits • READING THE RIOT ACT Special ed has seen rising numbers of lawsuits on behalf of students like those pictured here from Manatee County’s Bayshore Elementary School. KNOW YOUR POLICIES court. Above all, be clear on district and school policies, they counsel. Schools almost always win when the policy is written down and they have abided by it. “Judges will very seldom rule against you in those cases,” says Manatee County’s John Bowen. “But they will rule against you every time you have violated your own policies. You’re dead in the water.” Keeping up with legal developments in other districts or states may also prevent legal headaches. “Be aware of what’s out there,” warns NSBA’s Tom Hutton. “We had a big scare a few years ago when a group sued several Mississippi school districts for overtime pay. Those districts paid huge settlements, but the rest of the education world got the message and started keeping more accurate records. Some even invested in time clocks.” Another kind of record keeping that Hutton recommends is accurate assessments of teacher performance. “Supervisors may be loath to highlight in writing the problems of teachers,” he says. “If you routinely give people stellar reviews, you’ll have a problem down the line.” School districts can also take the lead on avoiding personal injury suits, the legal experts say, by adding, for instance, rubber matting around playground equipment and installing seatbelts in school buses. Catherine Clark, associate www.DistrictAdministration.com executive director for the Texas Association of School Boards, suggests offering loss control seminars for employees who drive the buses, work the grounds, ﬁ x the fuses and staff the lunchroom. “A lot of folks are likely to get injured, and with a lot of turnover, it’s hard to keep them trained,” she points out. Considering the complexity of the problems, solutions might be better addressed outside of the courtroom, starting with working cooperatively, says Albuquerque Public Schools attorney Mike Carrico. Carrico suggests developing forums for parents and advocates so administrators can better understand where their schools have fallen short in dealing with special needs students. “Parents have an expectation that they’ll be equal partners,” he says. “And schools need to let them know their input is important and necessary. If you have an ongoing relationship, you won’t reach the crisis level.” In special education, says North Carolina attorney Richard Schwartz, being proactive can fend off dubious charges by parents and their lawyers. He recommends installing video cameras in special education classes, especially those that have nonverbal students. The videotapes can serve as your best defense should you be threatened with legal action about student progress or inappropriate teacher behavior. Schools almost always win when policy is in writing and followed. Judges will seldom rule against you in such cases. “But they will rule against you every time you have violated your own policies.” - John Bowen, attorney for the Manatee County School District, Florida • FOSTER OPEN COMMUNICATION Parents have an expectation they’ll be equal partners. Schools need to let them know their input is important and necessary. “If you have an ongoing relationship, you won’t reach the crisis level.” - Mike Carrico, attorney for Albuquerque Public Schools • TREAT ALL CASES SERIOUSLY AND PROMPTLY “The difference between a district that pays a huge settlement and one that gets off the hook is that they took the situation seriously from the start and didn’t just hope it would go away.” - Tom Hutton, staff attorney for the National School Boards Association • ENACT SOLID PRACTICES “Solid, good educational practices are the best way to avoid litigation.” - Gail Stewart, attorney • PROVIDE LEGAL TRAINING Train administrators and teachers on the front line how to recognize a legal issue and seek advice. “But whenever you’re in doubt, call your school board attorney.” - John Bowen, attorney for the Manatee County School District, Florida April 2007 35 http://www.DistrictAdministration.com

Table of Contents for the Digital Edition of District Administration - April 2007

Editor's Letter
Update
Inside the Law
Curriculum Update
District Profile
Administrator Profile
“See You in Court!"
Lost in Translation
Bonding Agents
Certifying AP Courses
Hunting for Talent - Part 2
Buying Power
The Musty Bookshelf
New Products
Leadership
Speaking Out
The Online Edge
Problem/Solution
Calendar of Events
Overheard On The Pulse

District Administration - April 2007