Principals on the Defensive Has the Threat of Lawsuits Changed Our Schools?
Gary Hopkins
Education World: The Principal Files, September 28, 2004
"We are always considering the legal ramifications of issues with students and
staff. The threat of a lawsuit, no matter how frivolous, is something that colors
many decisions we make." --Dr. Lee Yeagar, principal, S&S Middle School (Sadler, TX)
In a recent Harris Interactive poll, commissioned by Common Good, 77 percent of principals said that principals--other
than themselves--avoid decisions they think are right simply because they might
be challenged legally. Education World, an online resource center for educators,
asked a group of principals from across the country to respond to this poll.
The principals responded with wide ranging, and often disturbing, insights into
the pervasive impact of legal fear on our public schools. They talked about how
legal fear can undermine student discipline, interfere with staffing decisions,
and erode their relationship with parents. They said excessive documentation is
taking valuable time away from teaching. They noted the loss of field trips and
holiday parties, and of hugs that are desperately needed by some children, but
withheld by teachers afraid of being accused of inappropriate touching.
Below, we've highlighted some of the most telling responses. We highly recommend
that you visit Education World to read the full article:
"Since I serve as both the principal and superintendent of my district, I have
experienced many legal issues," Mary Smith told Education World. "I suspended
a student about seven years ago and I had a phone call from a lawyer before the
parent arrived to pick up the student. ... I look at everything from a legal perspective.
When I come across new territory in decision-making, I imagine myself on the witness
stand being cross-examined. I mentally review my answers." ...
"Because my staff and I [are] always second-guessing and worrying about student
supervision, the legal atmosphere has impacted the decisions we make about field
trips," [said Paul Young, principal of West Elementary School in Lancaster, OH.]
"We no longer have our sixth grade outdoor education classes stay overnight at
an off-school camp site. We can't risk the potential problems." ...
[Principal Lee Yeager said:] "At one time, if a student was disruptive or a discipline
problem, you could remove the student fairly easily. Today, the process is more
involved and the threat of--or fear of--a lawsuit makes principals more tolerant.
I have even postponed making decisions or taken more extraordinary steps in dealing
with special education students and discipline matters. I've done that simply
to avoid a lawsuit, even one that I know the district could win. ... I'm not sure
this is always best for the patrons of our schools." ...
[Principal Jim Jordan said:] "Teachers are much more reluctant to meet with students
one-on-one, especially when it is a student of the opposite sex. Teachers are
more reluctant to volunteer for overnight field trips, extra supervision outside
the school, or other situations that might place them in a compromising situation
if a student were to accuse them of misconduct."
Principal Marguerite McNeely echoed those sentiments. "Teachers and other staff
members often restrain from hugs, compassion the students are so much [in] need
of, due to the fact someone might charge them with harassment." ...
"We spend an inordinate amount of time documenting everything we do," [Principal
Michael Miller] added. "This fact came home to me a few years ago when we were
in a parent conference and the team of teachers had documented every time they
sent home a piece of paper to that parent. I couldn't help but add up how much
time was taken away from instruction to do that documentation." ...
"In my opinion, challenges from teachers and staff are more a threat than those
from the public," said another principal on condition of anonymity. "Teachers
in our district file grievances much too often and the district administration
is afraid of the media and of arbitration, so they tend to back down. ... We have
given away the ship and the ability to manage and lead. ... This atmosphere has
caused me to keep a weak teacher rather than invest several years documenting
ineffective performance and the many legal challenges." ...
[Another principal said:] "I went through four years of hearings and appeals
for a special education teacher I recommended for dismissal after I learned that
she had, among other things, locked a student in a closet for an hour." | 
