ABSTRACT
This chapter reiterates a threefold aim for this book. First, the law has inherent limitations that can affect everyday problem solving in schools. The law can be wrong and/or there is no clear law in certain states or jurisdictions. Second, courts give broad discretion to school authorities. Courts do not want to tell educators how to run their schools. Nor do they want to tie school officials’ hands. Even when courts do not agree with administrative decisions or think they are bad decisions, they are reluctant to overrule them because of the discretion issue. This insight can be freeing to competent administrators who prefer to rely on their own good judgment rather than on some top-down governmental directive; however, it behooves school officials, armed with this knowledge and the empowerment that comes with it, to use their discretion wisely and in an ethical manner that serves the best interests of the student. Finally, self-reflection and inquiry in making ethical decisions are critical once educators realize that the legal system will not provide all the answers and that much of their decision making is within their discretion and may fall within realm of ethics rather than law.
