Education in Law
Litigation and Education: What Educators Really Think of the Lawsuit
The access to equal and fair education is extremely important. Recent efforts to ensure this have ended in litigation, legally testing the ability of this nation to protect the basic rights of all of its students. Yet, not all educators favor litigation so highly. A recent study conducted by Johnson & Duffett (2003) tests how litigation is perceived by educators and administrators.
The study examines the real beliefs of modern day educators. According to the study itself, “Lawsuits were instrumental in ending segregation and extending public education to children with disabilities,” (Johnson & Duffett 2003:2). State and federal courts have regulated over education for years, trying to ensure that every child receives an equal and satisfactory education (State Legislatures 2004). A wide variety of issues from funding, segregation, to sexual harassment are covered by litigation ruling over education. Major progress in achieving equality during the Civil Rights Era came through litigation, especially in the case of Brown v. Board of Education in 1954 (Aldridge 1978). This research looks at the views of teachers, principles, and superintendents and how they feel about the role of litigation within the larger realm of education. It examined the viewpoints of individuals within three focus groups. Additionally implemented a nation-wide survey on the topic of litigation, in order to examine educator feelings regarding litigation.
The study concluded with several key findings. According to the research, “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,” (Johnson & Duffett 2003:3). In fact, it is so prevalent among teaching considerations, that many educators decide to take a strong practice of never touching their children at all, even in the slightest of instances, as a way to protect from their actions being misconstrued, then causing potential legal ramifications. This is known as taking a hands-off approach (Johnson & Duffett 2003:7). Thus, it is clear that lawsuits are on teacher’s minds.
Yet, it is the principals that overwhelmingly see themselves as potential targets for misunderstandings. Many principals and superintendents see lawsuits and litigation proceedings as time-consuming and extremely frustrating, actually standing in the way of progress rather than pushing progressively forward. Although teachers are too in danger of potential law suits, “principals and superintendents have an added layer of responsibility,” (Johnson & Duffett 2003:8). They can be sued for a greater variety of potential infractions, some which they may have direct control of, and others barely any control at all. Many principals also report being constantly threatened with lawsuits as a way to try and get selfish demands met by parents and even the students themselves.
This can become increasingly messy within the field of special education
According to research, many parents refuse to accept their child’s placement within special education programs. In many cases, these angered parents will sue.
“A parent objecting to her child’s education has cost that district over half a million dollars in legal fees,” (Johnson & Duffett 2003:10). Additionally, individuals in more of an administrative role must be forced to deal with the backlash of discipline. When a child is disciplined, there is always a slight chance that the story might later come up as a legal issue. Moreover, principals and superintendents must also worry about the issue of disciplining staff, including termination proceedings that may also end up in legal disputes.
In many cases, these individuals also see litigation as a way for people to get their way, no matter how unwarranted their demands. An astounding 72% of teachers were seen to think that parents too often take their child’s side without being reasonable to what really happened from an adults’ point-of-view. Additionally, many may see the chance of a lawsuit as a way to get rich quick, and therefore blow up the situation bigger than necessary for the potential of a large payment. Since this happens too often within modern practice, it is understandable how both teachers and educators alike would take a disliking of such cases.
Yet, despite these complaints, most educators and educational administrators have been seen in this research to believe that protection of children is worth the annoyance of litigation. Although many educators see lawsuits as taking a personal toll, the research overwhelmingly showed that many thought it was still necessary to have the option to sue to protect those children who have been wronged. The research presented here states that “The teachers and administrators we spoke with for this pilot study were quick to suggest that children sometimes make false charges of abuse, but they were equally quick to acknowledge that genuine abuse — both physical and sexual — could take place in schools,” (Johnson & Duffett 2003:19). Therefore, no matter the negative results of some of the cases that go to litigation and the headache they cause, it is necessary to protect the children.
Overall, both teachers and administrators would rather see modifications to the current system, rather than a full forced revolution of the system. Although it may be frustrating, it does work when needed to protect the lives and interests of the children within America’s schools. Yet, in the case of special education, the system seems to be failing (Katsiyannia & Herbst 2004). Educators within special education are crying for relief, based on the sensitive nature of the various programs involved. Special Education requires more sensitive treatment than the current system allocates.
The study provides insightful information, yet does show some weaknesses in its basic design. It was a very small study, thus limiting its ability to make overall assumptions of the larger population as a whole. The research states, “Instead, we are reporting on a small number of national survey findings combined with a small number of focus groups,” (Johnson & Duffett 2003:2). These small numbers were needed to successfully conduct the study, yet does hinder its universal appeal. Additionally, the study does not offer any recommendations or working strategies. It states that “The purpose of this small-scale study is to raise questions, stimulate discussion and provide hypothesis for further research — not to suggest definite conclusions,” (Johnson & Duffett 2003:2). Therefore, it is not really contributing new and practical strategy into an already large body of work.
Litigation does play a powerful role in the field of education. It has the potential to bring progressive change, yet it also has the potential to frustrate the system and those who work within it. Major changes were brought forth through litigation. However, as this research shows, not all lawsuits bring beneficial change.
Aldridge, Delores P. Litigation and education of blacks: A look at the U.S. Supreme Court. Journal of Negro Education. 47(1):96-112.
Johnson, Jean & Duffett, Ann. (2003). I’m calling my lawyer: How litigation, due process and other regulatory requirements are affecting public education. Public Agenda.
Katsiyannia, Antonis & Herbst, Maria. (2004). Minimize litigation in special education. Intervention in School & Clinic. 40(2):106-117.
State Legislatures. (2004). Litigation in education: For 50 years, courts have been deciding whether states are meeting their constitutional obligations to provide a free and adequate education. Goliath. Retrieved March 21, 2010 from http://goliath.ecnext.com/coms2/gi_0199-2369255/Litigation-in-education-for-50.html
Get Professional Assignment Help Cheaply
Are you busy and do not have time to handle your assignment? Are you scared that your paper will not make the grade? Do you have responsibilities that may hinder you from turning in your assignment on time? Are you tired and can barely handle your assignment? Are your grades inconsistent?
Whichever your reason is, it is valid! You can get professional academic help from our service at affordable rates. We have a team of professional academic writers who can handle all your assignments.
Why Choose Our Academic Writing Service?
- Plagiarism free papers
- Timely delivery
- Any deadline
- Skilled, Experienced Native English Writers
- Subject-relevant academic writer
- Adherence to paper instructions
- Ability to tackle bulk assignments
- Reasonable prices
- 24/7 Customer Support
- Get superb grades consistently
Online Academic Help With Different Subjects
Students barely have time to read. We got you! Have your literature essay or book review written without having the hassle of reading the book. You can get your literature paper custom-written for you by our literature specialists.
Do you struggle with finance? No need to torture yourself if finance is not your cup of tea. You can order your finance paper from our academic writing service and get 100% original work from competent finance experts.
While psychology may be an interesting subject, you may lack sufficient time to handle your assignments. Don’t despair; by using our academic writing service, you can be assured of perfect grades. Moreover, your grades will be consistent.
Engineering is quite a demanding subject. Students face a lot of pressure and barely have enough time to do what they love to do. Our academic writing service got you covered! Our engineering specialists follow the paper instructions and ensure timely delivery of the paper.
In the nursing course, you may have difficulties with literature reviews, annotated bibliographies, critical essays, and other assignments. Our nursing assignment writers will offer you professional nursing paper help at low prices.
Truth be told, sociology papers can be quite exhausting. Our academic writing service relieves you of fatigue, pressure, and stress. You can relax and have peace of mind as our academic writers handle your sociology assignment.
We take pride in having some of the best business writers in the industry. Our business writers have a lot of experience in the field. They are reliable, and you can be assured of a high-grade paper. They are able to handle business papers of any subject, length, deadline, and difficulty!
We boast of having some of the most experienced statistics experts in the industry. Our statistics experts have diverse skills, expertise, and knowledge to handle any kind of assignment. They have access to all kinds of software to get your assignment done.
Writing a law essay may prove to be an insurmountable obstacle, especially when you need to know the peculiarities of the legislative framework. Take advantage of our top-notch law specialists and get superb grades and 100% satisfaction.
What discipline/subjects do you deal in?
We have highlighted some of the most popular subjects we handle above. Those are just a tip of the iceberg. We deal in all academic disciplines since our writers are as diverse. They have been drawn from across all disciplines, and orders are assigned to those writers believed to be the best in the field. In a nutshell, there is no task we cannot handle; all you need to do is place your order with us. As long as your instructions are clear, just trust we shall deliver irrespective of the discipline.
Are your writers competent enough to handle my paper?
Our essay writers are graduates with bachelor's, masters, Ph.D., and doctorate degrees in various subjects. The minimum requirement to be an essay writer with our essay writing service is to have a college degree. All our academic writers have a minimum of two years of academic writing. We have a stringent recruitment process to ensure that we get only the most competent essay writers in the industry. We also ensure that the writers are handsomely compensated for their value. The majority of our writers are native English speakers. As such, the fluency of language and grammar is impeccable.
What if I don’t like the paper?
There is a very low likelihood that you won’t like the paper.
- When assigning your order, we match the paper’s discipline with the writer’s field/specialization. Since all our writers are graduates, we match the paper’s subject with the field the writer studied. For instance, if it’s a nursing paper, only a nursing graduate and writer will handle it. Furthermore, all our writers have academic writing experience and top-notch research skills.
- We have a quality assurance that reviews the paper before it gets to you. As such, we ensure that you get a paper that meets the required standard and will most definitely make the grade.
In the event that you don’t like your paper:
- The writer will revise the paper up to your pleasing. You have unlimited revisions. You simply need to highlight what specifically you don’t like about the paper, and the writer will make the amendments. The paper will be revised until you are satisfied. Revisions are free of charge
- We will have a different writer write the paper from scratch.
- Last resort, if the above does not work, we will refund your money.
Will the professor find out I didn’t write the paper myself?
Not at all. All papers are written from scratch. There is no way your tutor or instructor will realize that you did not write the paper yourself. In fact, we recommend using our assignment help services for consistent results.
What if the paper is plagiarized?
We check all papers for plagiarism before we submit them. We use powerful plagiarism checking software such as SafeAssign, LopesWrite, and Turnitin. We also upload the plagiarism report so that you can review it. We understand that plagiarism is academic suicide. We would not take the risk of submitting plagiarized work and jeopardize your academic journey. Furthermore, we do not sell or use prewritten papers, and each paper is written from scratch.
When will I get my paper?
You determine when you get the paper by setting the deadline when placing the order. All papers are delivered within the deadline. We are well aware that we operate in a time-sensitive industry. As such, we have laid out strategies to ensure that the client receives the paper on time and they never miss the deadline. We understand that papers that are submitted late have some points deducted. We do not want you to miss any points due to late submission. We work on beating deadlines by huge margins in order to ensure that you have ample time to review the paper before you submit it.
Will anyone find out that I used your services?
We have a privacy and confidentiality policy that guides our work. We NEVER share any customer information with third parties. Noone will ever know that you used our assignment help services. It’s only between you and us. We are bound by our policies to protect the customer’s identity and information. All your information, such as your names, phone number, email, order information, and so on, are protected. We have robust security systems that ensure that your data is protected. Hacking our systems is close to impossible, and it has never happened.
How our Assignment Help Service Works
1. Place an order
You fill all the paper instructions in the order form. Make sure you include all the helpful materials so that our academic writers can deliver the perfect paper. It will also help to eliminate unnecessary revisions.
2. Pay for the order
Proceed to pay for the paper so that it can be assigned to one of our expert academic writers. The paper subject is matched with the writer’s area of specialization.
3. Track the progress
You communicate with the writer and know about the progress of the paper. The client can ask the writer for drafts of the paper. The client can upload extra material and include additional instructions from the lecturer. Receive a paper.
4. Download the paper
The paper is sent to your email and uploaded to your personal account. You also get a plagiarism report attached to your paper.
PLACE THIS ORDER OR A SIMILAR ORDER WITH US TODAY AND GET A PERFECT SCORE!!!