"I'm Calling My Lawyer": How Litigation, Due Process and Other Regulatory Requirements Are Affecting Public Education Public Agenda, November 1, 2003 This pilot study conducted by Public Agenda and commissioned by Common Good explored
how legal fear is affecting public schools. The final report contains 6 key observations:
Observation No. 1: For many teachers and principals, the possibility of being sued or being accused
of physical or sexual abuse of a student is ever present in their minds. Many
say they completely avoid touching students or being alone with them to avoid
this hazard.
Observation No. 2: For many principals and superintendents, avoiding lawsuits and fulfilling regulatory
and due process requirements is a time-consuming and often frustrating part of
the job. Special education, discipline and sexual harassment, and staff issues
seemed to be the most problematic areas.
Observation No. 3: According to many teachers and school leaders, litigation and due process requirements
often give unreasonable people a way "to get their way" even when their demands
are unwarranted. School leaders appeared divided over whether agreeing to an unjust
settlement is preferable to going to battle in the courts.
Observation No. 4: Litigation and the threat of litigation often take a personal toll on professionals
in education. An unwarranted charge and/or the prospect of dealing with litigation
can create enormous anxiety and anguish, sometimes enough to derail a career.
Observation No. 5: Despite their concerns, many educators say protecting children from physical
or sexual abuse is a higher priority than reducing the threat of litigation. Many
appear to believe that lawsuits and procedures are the price we pay for protecting
children.
Observation No. 6: For many educators, the ramifications of the "legalization" of education are
distasteful and sometimes disturbing. Still, at the current time, most appear
to want modifications, not sweeping change. In fact, many appear somewhat ambivalent
about just how much change they would like to see. Special education is an exception.
This is one area where superintendents and principals at least are crying out
for relief.
Click here to download the full report. | 
