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Friday, March 4, 2005
Lawyering Up
The Atlanta Journal-Constitution
Are public schools getting choked by laws, policies and regulations? A self-described bipartisan group called Common Good (“Restoring Common Sense to American Law”) thinks so. In a report titled, “Over Ruled: The Burden of Law on American Public Schools,” the organization showshow complicated it is to fire an inept teacher, suspend a student with disabilities, replace a heating system and organize an athletic event.
Manuals spell out the proper procedures for reporting suspected child abuse, understanding the federal law guaranteeing a free and appropriate education to every child and making sense immigration laws. Charter schools, teacher contracts, food safety … all potential legal landmines. Sure, a school board attorney can get involved once a lawsuit is filed, but those on the frontlines, teachers and principals, need to know an awful lot to avoid getting into legal trouble in the first place. It seems if you work in a school, a law degree would come in handy.
Common Good founder Philip K. Howard writes: “Intractable problems usually have a silent partner, some assumption that everyone takes for granted. In education, the practice of reformers has been to identify a worthy goal—say, safety or fairness—and then to create a detailed legal structure to make sure it happens. Taken alone, each legal requirement seems reasonable. Together, they present an insurmountable legal barrier, blocking even the simplest choices.”
