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PROSECUTOR'S HANDBOOK FOR SCHOOL ADMINISTRATORS REVISED EDITION

NCJ Number
45954
Author(s)
L B PATTERSON
Date Published
1975
Length
223 pages
Annotation
OVER 28 PROBLEMS THAT SCHOOL ADMINISTRATORS AND STAFF COULD FACE DURING THE COURSE OF A SCHOOL YEAR ARE ANALYZED; DETAILED GUIDELINES FOR APPROPRIATE ACTION ARE GIVEN, BASED ON MICHIGAN LAW.
Abstract
THIS HANDBOOK WAS PREPARED BY THE PROSECUTOR'S OFFICE OF OAKLAND COUNTY, MICHIGAN, TO HELP SCHOOL PERSONNEL HANDLE COMMON LEGAL PROBLEMS THEY FACE IN THE COURSE OF THEIR DUTIES. THE FIRST SECTION, 'JUVENILE COURT PRACTICES, PROCEDURES AND SERVICES,' GIVES AN OVERVIEW OF AGENCIES WHICH PRINCIPALS AND COUNSELORS CAN CALL FOR HELP WITH PROBLEMS OF TRUANCY, INCORRIGIBLE BEHAVIOR, OR PARENTAL FAILURE TO ENFORCE SCHOOL ATTENDANCE LAWS. THE CHAPTER DEPENDENCY AND NEGLECT EMPHASIZES THAT UNDER MICHIGAN LAW, SCHOOLS MUST REPORT SUSPECTED CHILD ABUSE AND NEGLECT. TYPICAL SIGNS OF SUCH NEGLECT ARE LISTED. THE COURT PROCESS FOLLOWED IN CHILD ABUSE CASES AND THE OBLIGATION OF THE SCHOOL TO HELP PROVIDE EVIDENCE IS DESCRIBED IN DETAIL. SPECIFIC CHAPTERS COVER INCORRIGIBLE BEHAVIOR, ATTENDANCE LAWS, ALCOHOL ABUSE, SMOKING IN THE SCHOOLS, DRUG ABUSE IN THE SCHOOLS, BOMB THREATS, SCHOOL SECURITY, TRAFFIC ACCIDENTS INVOLVING MINORS, AND SCHOOL RESPONSIBILITY WHILE TRANSPORTING STUDENTS ON OFFICIAL ACTIVITIES. SCHOOL LIAISON WITH POLICE AND COURTS IN FELONY AND MISDEMEANOR CASES IS ESSENTIAL FOR EFFECTIVE PROSECUTION; SUGGESTIONS ARE MADE FOR IMPROVING LIAISON. IN-DEPTH TREATMENT IS ALSO GIVEN TO UNAUTHORIZED PERSONS IN THE SCHOOLS, HANDLING OF DISTURBANCES IN SUCH A WAY AS NOT TO ESCALATE THE CONFRONTATION, AND STUDENT RIGHTS. MICHIGAN LAW REGARDING SEARCH AND SEIZURE OF STUDENT PROPERTY, INTERROGATION OF STUDENTS, AND CONTROL AND CUSTODY OF EVIDENCE IS SUMMARIZED UNDER MICHIGAN LAW STUDENTS HAVE NO LEGAL RIGHT TO PROTEST LOCKER SEARCHES, AND ADMINISTRATORS HAVE NO DUTY TO ADVISE STUDENTS OF THEIR RIGHTS BEFORE QUESTIONING THEM. HOWEVER, ADMINISTRATORS ARE ADVISED TO BE AWARE OF THE 'STUDENT RIGHTS' MOVEMENT AND TO TREAT JUVENILES WITH THE SAME CARE AS WOULD BE EXTENDED TO AN ADULT UNDER SIMILAR CIRCUMSTANCES. CIVIL LIABILITY OF SCHOOL OFFICIALS UNDER VARIOUS CIRCUMSTANCES IS EXPLORED. IN 1975, THE MICHIGAN SUPREME COURT HELD THAT WHILE SCHOOL OFFICIALS ARE ENTITLED TO A QUALIFIED GOOD-FAITH IMMUNITY FROM DAMAGES IF ALL REASONABLE PRECAUTIONS ARE TAKEN IN THE NORMAL COURSE OF THEIR DUTIES, SUCH IMMUNITY DOES NOT EXIST IF THEY SHOULD HAVE REASONABLY KNOWN THAT THEIR ACTIONS WOULD HAVE VIOLATED THE CIVIL RIGHTS OF THE STUDENT, DEPRIVED THE STUDENT OF SOMETHING OF VALUE WITHOUT DUE PROCESS (SUSPENSION OR EXPULSION FROM SCHOOL WITHOUT HEARING, AS WELL AS CONFISCATION OF PROPERTY), OR RESULTED IN DAMAGE TO THE STUDENT. THE RIGHTS OF MARRIED AND/OR PREGNANT STUDENTS ARE DISCUSSED, AS WELL AS THOSE OF STUDENTS OVER AGE 18 (I.E., ADULTS). APPENDIXES LIST JUVENILE COURT PERSONNEL IN OAKLAND COUNTY AND COUNTY RESOURCES. ANOTHER APPENDIX CONTAINS A SERIES POSTERS ILLUSTRATING VARIOUS ASPECTS OF THE JUVENILE CODE. THESE POSTERS PRESENT THE LAW IN SIMPLE LANGUAGE, WITH ILLUSTRATIONS. (GLR)