1. Copyright © Allyn & Bacon 2007 An Evidence-Based Approach to the Practice of Educational Leadership First Edition Ronald W. Rebore Angela L. E. Walmsley Saint Louis University This multimedia product and its contents are protected under copyright law. The following are prohibited by law: Any public performance or display, including transmission of any image over a network; Preparation of any derivative work, including the extraction, in whole or part, of any images; Any rental, lease, or lending of this program.

2. Copyright © Allyn & Bacon 2007 Chapter 12: Legal Considerations in Evidence-Based Leadership

3. Copyright © Allyn & Bacon 2007 Instructional Objectives To learn how to create a culture of evidence in a school district that will enhance the capacity of the legal function in order to meet the vision and mission of the district To provide information that can be used to engage stakeholders in discourse, which will strengthen the legal function

4. Copyright © Allyn & Bacon 2007 Instructional Objectives To explain how the legal function operates in public school districts from an evidence- based perspective To exemplify how the evidence-based approach to decision making ensures accountability in the legal function

5. Copyright © Allyn & Bacon 2007 Introduction Litigation has increased and sovereign immunity has been abrogated in over 28 states. It is imperative that administrators have an understanding of the American judicial system.

6. Copyright © Allyn & Bacon 2007 The American Judicial System Two systems of law: 1.Civil law 2.Common law These systems are commonly mixed. Sources of Law: constitutions, statutes, and case law

7. Copyright © Allyn & Bacon 2007 The American Judicial System Constitutions: bodies of precepts that provide the framework within which government carries out its duties Statutes: enactments of legislative bodies (laws) Common (case) law: derived from court decisions; past court decisions set the doctrine of precedent

8. Copyright © Allyn & Bacon 2007 The American Judicial System Administrative Law: developed through the creation of state and federal boards charged with administering certain laws by the establishment and application of rules and regulations Attorney General Opinions: opinion of an attorney general regarding the interpretation of a certain statute

9. Copyright © Allyn & Bacon 2007 The American Judicial System Major Divisions of Law Civil Law: protects the rights of individuals and corporations and is concerning with resolving disputes between these entities Criminal Law: protects the right of society Civil and criminal law can coexist in certain cases.

10. Copyright © Allyn & Bacon 2007 The American Judicial System The Court Structure Municipal courts deal with the enforcement of city ordinances At the state level, there are four categories of courts: –Special jurisdiction –Circuit courts –Courts of appeals –And supreme courts Kern Alexander, Ray Corns, and Walter McCann, Public School Law: Cases and Materials (St. Paul: West Publishing Co., 1969), p. 9.

11. Copyright © Allyn & Bacon 2007 Courts LocalStateFederal Municipal Courts Circuit Court Supreme Court Court of Appeals District Court Court of Appeals Supreme Court Courts of Special Jurisdiction Small Claims Domestic Relations Probate Court Juvenile Court Magistrate Court Court of Appeals Bankruptcy Court Court of Customs And Patent Appeals Tax Court Court of Claims Figure 12.1: Structure of Courts

12. Copyright © Allyn & Bacon 2007 The American Judicial Systems At the Federal level, the Constitution provides for the establishment of a Supreme Court and give Congress the authority to create inferior courts. Ibid, p. 10.

13. Copyright © Allyn & Bacon 2007 Torts and Educational Administrators Tort: civil wrong, other than breaking a contract, committed against a person or property CITE3 Figure 12.2: Classification of Torts Torts Against PropertyAgainst a Person Absolute LiabilityNegligenceIntentional

14. Copyright © Allyn & Bacon 2007 Torts and Educational Administrators Intentional Tort: an action a person takes that interferes with another person or his or her property Examples include: assault, battery, and defamation

15. Copyright © Allyn & Bacon 2007 Torts and Educational Administrators Absolute Liability: administrators and districts take on total responsibility Negligence: involves a person’s conduct falling below an established standard so that injury to another person results Reasonable person: 1. Possesses average intelligence 2. Possesses the knowledge specific to being an elementary school principal

16. Copyright © Allyn & Bacon 2007 Torts and Educational Administrators 3. Possesses the same level of experience as the defendant 4. Possesses the same physical limitations as the defendant Every school administrator must be protected by errors-and-omissions liability insurance. This insurance does not cover punitive damages.

17. Copyright © Allyn & Bacon 2007 The Role of the School District’s Attorney Attorneys perform three functions when litigation is involved: 1.They analyze the issue to determine the facts and real questions involved. 2.They research court cases and statutes for the purpose of deciding what law is involved 3.They put together a workable solution to the issue in relation to the material facts and the law.

18. Copyright © Allyn & Bacon 2007 The Role of the School District’s Attorney The attorney must be an expert on all branches of the government and how these branches impinge upon the governing of the school district. The attorney must operate in conjunction with and through the superintendent’s office.

19. Copyright © Allyn & Bacon 2007 Anatomy of a Lawsuit Ronald W. Rebore, Personnel Adminstration in Education: A Management Approach (Englewood Cliffs, N.J.: Prentice- Hall, Inc., 1982), p. 324. Figure 12.3: Anatomy of a Lawsuit Plaintiff Files a Petition Court Serves a Summons on the Defendant Defendant Pleads the Petition Depositions and/or Written Queries Are Taken by Both Parties Defendant May File a Motion for Dismissal or Plaintiff May Drop the Lawsuit Trial is Held if the Lawsuit is not Dismissed or Dropped Decision of the Judge of Jury is Rendered If the Decision is in Favor of the Defendant, the Case is Dismissed If the Decision is in Favor of the Plaintiff, a Remedy Is Assessed Appeal by the Defendant

20. Copyright © Allyn & Bacon 2007 Conclusion and Implications for Educational Leaders The discussion of legal liability has five implications for educational administrators: 1.Ignorance of state and federal legislation and court decisions is no excuse for initiating administrative procedures that are in conflict with such legislation and case law. 2. School administrators should attend workshops, seminary, and convention programs dealing with legal issues.

21. Copyright © Allyn & Bacon 2007 Conclusion and Implications for Educational Leaders 3. The superintendent of school and central- office staff should keep the board of education informed about relevant state and federal legislation and court decisions. 4. School administrators must be active in promoting state and federal legislation that supports the educational goals of public education. 5. It is imperative that administrators be protected through errors-and-omissions liability insurance.

22. Copyright © Allyn & Bacon 2007 Discussion Questions and Statements 1.Identify and explain the three major sources of law. 2.Identify three constitutional issues that have resulted in lawsuits for school districts. 3.How do the three sources of law impinge upon the responsibility of boards of education to create educational policy?

23. Copyright © Allyn & Bacon 2007 Discussion Questions and Statements 4. What are the two major categories of law that have arisen out of the rights that the law protects? 5. Explain how these two categories influence the practice of educational leadership. 6. Describe how the court system in the United States is organized at the federal, state, and local levels.

24. Copyright © Allyn & Bacon 2007 Discussion Questions and Statements 7. What court receives most of the educational issues for determination? Why?