School Law and the Private Schools in Uganda
Private schools have been with us a long time, and have operated without
many serious problems. The sector is growing stronger and bigger. But we need
to be sure that the law is able to deal with problems should they arise and the
purpose of this section is to deal with this challenge or risk.
The Constitution of Uganda: Provisions
and Amendments Affecting Education
Summary of Relevant Legal Terms
Preface: how do educational leaders
respond to the legal challenges facing their organizations in a highly
litigious society? How do they ensure that their organisations are achieving
their mission without unduly restricting the
constitutional rights and personal freedoms
of their students and staff? How do leaders know when they are operating within the law? How can they build and
foster an organizational culture that places high value on the personal
rights and uniqueness of each individual?
These are issues
this book addresses.
School Law and
the Private Schools: A Practical Guidelines for Educational Leaders, is based on the
premise that, given today's litigious society, educational leaders and policymakers must be knowledgeable of the law that
governs the operation and conduct of
their organizations. Increasingly, educational leaders will need to exercise discretion in making rational and
legally defensible decisions that affect students and school personnel under
their authority. They will need to Guidelines the development and
execution of sound and well-developed policies, rules, and regulations
governing many aspects of their operation. Educational leaders must ensure that they possess the legal knowledge
necessary to accomplish these important
administrative tasks successfully.
The goal of these guidelines is
to provide comprehensive and practical knowledge of relevant legal issues that
affect the organization and administration of Private Schools. This second
edition includes an in-depth discussion of the legal system in Uganda and how
it affects the administration of Private Schools in Uganda. One important
dimension of the book involves a comprehensive discussion of school violence in
Private Schools. Guidance is provided for educational leaders as they strive
to maintain safe schools. Practicing and prospective educational leaders,
students of educational leadership, teachers, prospective teachers, and
policymakers at all educational levels must gain knowledge that will allow them to
effectively perform their professional duties within the boundaries of constitutional,
statutory, and case law.
School Law and the Private Schools provides a practical and useful resource Guidelines for
educational leaders aimed at increasing their knowledge and awareness of the
complex legal issues that affect their organizations. It will enable them to
more effectively perform their legal duties and to meet the requirements of
reasonableness as they move their organization toward their mission.
Legal
Framework Affecting Private Schools
The
Constitution , School Board Policies, The Uganda System of Courts
Administrative
Guidelines: Legal Framework
Religion and the Private Schools
School-Sponsored Prayer,
School-Sponsored Bible and Quran Reading , Silent Prayer and Meditation
Aid
to Parochial Schools
Religious
Symbols , Religious Displays
Prayer
at School Events
Student-Led
Prayer at Private School Events, Athletic Contests, Prayer at Athletic
Contests, Guidelineslines: Prayer, Bible
and Quran Reading, and Silent Meditation
Voluntary
Prayer at Commencement Exercises
Prayer
at School Board Meetings, Guidelines:
Prayer at School Events
Use
of School Facilities by Religious Student Groups
Administrative
Guidelines: Equal Access, Use of School Facilities by Outside Religious Groups,
Use of School Facilities by Community Groups, Right to Deny Access,
Guidelineslines: Use of Facilities by Outside
Religious Groups
Religious
Activities and Holiday Programs
Released
Time for Religious Instruction, Posting Religious Mottos and Expressions,
Distribution of Religious Materials, Use of Religious Garb by School Personnel,
Administrative
Guidelineslines: Religious Activities,
Students,
the Law, and Private Schools
Freedom
of Expression, Administrative Guidelines: Freedom of Expression, Protests and Demonstrations, Guidelines: Protests and Demonstrations,
School-Sponsored
Newspapers,
Guidelines:
Student Newspapers, Nonschool-Sponsored Newspapers,
Guidelines: Nonschool-Sponsored Student Publications, Censorship, Guidelines:
Censorship
School Use of the Internet
Guidelines: Use of the Internet
Dress
and Appearance
Health
and Safety Issues55Controversial Slogans ,
Gang Dress, School Uniform Dress Policies and Students' Freedom of Expression
Rights
Guidelines: Uniforms
Handling Gang Violence in Schools
Gang
Characteristics and Membership
Guidelines:
Gang Violence
Zero Tolerance and School Safety
Zero
Tolerance , Recent Zero Tolerance Practices
Guidelines:
Zero Tolerance , Guidelines: Dress and
Appearance
School Suspension
Guidelines:
Suspension Procedural and Substantive Due Process , Expulsion
Guidelines:
Expulsion
Search
and Seizure
Reasonable
Suspicion, Student Desks, Student Locker, Book Bags, Automobiles, Personal
Searches, Strip Searches, Involvement of Law Enforcement Officials,
Drug Testing
Guidelines:
Drug Testing Student Athletes
No Pass, No Play" Rule
Guidelines:
No Pass, No Play
Use of Mobile Phones
Guidelines:
Mobile Phones
Corporal
Punishment
Reasonable
Punishment, Minimal Due Process, Excessive Punishment
Guidelines:
Corporal Punishment
Classroom
Harassment
Danger
Signals,
Guidelines:
Classroom Harassment
Pregnant Students
Married
Students
Guidelines:
Pregnant and Married Students
Individuals with Disabilities
Individuals
with Disabilities, Mandatory
Requirements, Interpretation and Identification of Children with Disabilities,
Individualized Educational Program Requirement, Equal Access to Assistive
Technology for Students with Disabilities Program Review and Changes,
Education-Related Service Requirement, Least Restrictive Environment, Inclusion
of Children with Disabilities, Length of School Year, Residential Placement,
Private School Placement , Disciplining
Students with Disabilities, Expulsion
and Suspension
Personnel and School Liability
The
School as a Safe Place, Limiting Liability for School Violence, Schools as Safe
Places, School Violence and
Negligence, Emerging Legal Issues,
Freedom of Expression: Prohibitions and School Violence
Guidelines: School Violence
Legal Challenges Related to School
Gangs, Duty of Care and Gang Violence
Guidelines:
Liability and Gang Violence
Liability of School Personnel
Individual
Liability, Vicarious Liability, Foreseeability, Nuisance,
Parental
Access to School Premises
Intentional Torts
Assault,
Battery, Defamation, Libel and Slander, Mental Distress, False Imprisonment,
Trespassing on Personal Property
Unintentional Torts
Standard
of Care, Breach of Duty, Proximate Cause, Injury, Defenses for Negligence, Contributory
Negligence, Assumption of Risk,
Comparative Negligence Immunity, Duties of Supervision, Supervision
before School, Supervision during School, Supervision after School, Field
Trips, Parental Consent and Written
Waivers
Liability Involving Civil Rights
Statutes
Administrative
Guidelines: School Liability, Educational Malpractice, Professionalism in
Education, School-Based Management, Educational Malpractice Cases
Guidelines:
Educational Malpractice
Liability and Student Records
Sanctions
for Violating Family Privacy Rights, Rights of Parents, Rights of Noncustodial
Parents,
Rights of Eligible Students, Rights of
School Personnel , Enforcement of
National Laws, Defamation Involving School Personnel
Slander,
Libel, Privilege, Good Faith,
Acts of Malice, Defenses against
Defamation, Privilege, Good Faith, Truth
Guidelines:
Liability and Student Records
Teacher Freedoms
Substantive and Procedural
Considerations
Freedom
of Expression, Speech outside the School Environment, Academic Freedom
Freedom of Association
Membership
in Subversive Organizations, Political Rights, Right to Hold Office,
Participation
in Political Campaigns
Dress and Grooming
Community
Norms and Expectations, Unwed Pregnant Teachers
Right to Privacy
Guidelines:
Teacher Freedoms
Religious Freedoms and Religious
Discrimination
Guidelines: Religious Discrimination
Discrimination in Employment
Discrimination, Qualifications for Employment, Gender
Discrimination, Racial Discrimination, Age Discrimination
Pregnancy and Private School Employment
Guidelines:
Discrimination
Sexual
Harassment
Issues Involving Tribalism and Racism
Tenure, Dismissal, and Due Process
Tenure, Acquisition of Tenure,
Nonrenewal
Administrative
Guidelines: Tenure
Tenure
for Principals
Guidelines:
Principal Tenure
Dismissal for Cause
Incompetency,
Insubordination, Immorality, sexual orientation and Employment, Unprofessional
Conduct, Criminal Activity, Sexual Advances toward Students,
Guidelines:
Dismissal
Good
or Just Cause
Guidelines:
Good or just cause
Collective Bargaining
Private
Sector versus Public Sector Bargaining
State
Involvement, Scope of Collective Bargaining, Impasse and Bargaining, Legal
Issues, Workers' Compensation
Guidelines:
Collective Bargaining
The Constitution of Uganda: Provisions
and Amendments Affecting Education
P.O. Box 29324 Kampala,
Uganda Tel: +256 753632211, Mengo Sentema Road
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