The First Amendment free speech right is one of the most frequently asserted constitutional challenges to dismissal or discipline of a school district employee. In any employee's claim of violation of free speech right by a public employer, a threefold process of review should be made: (1) Was the conduct in question constitutionally protected in…

Garland Independent School District (Texas) has a clear-cut policy of free choice regarding union membership and has placed firm restrictions on union activities during shool hours. The Fifth Circuit Court of Appeals recently upheld these restrictions but struck down a superintendent's claim that teachers' private communications violated district…

A review of court decisions about teacher testing programs shows that tests must be equitable and fair, must not be used to discriminate by race or sex, and that adequate notice to teachers is required. (MLF)

In Australia, teachers' accountability has grown less centralized and less bureaucratized as teachers have become more knowledgeable and better trained. Opposing forces are currently battling over whether to increase monitoring. In as multidimensional an administrative field as Australian schooling, a complex, changing monitoring system must…

Intended for use in school law courses of a primarily informative nature with some attention given to attitudinal concerns, this book was designed for teachers and educational administrators. The contents are divided into 13 units that contain information regarding education and the American legal system, certification and employment, religion and…

Any restrictions on student dress must have a legitimate educational rationale. Standards of attire for school employees are also permissible. A dress-code policy that calls for reasonable restrictions and is enforced with common sense can create a better school environment. Restrictive measures can lead to costly lawsuits. Cites advantages of…

The relationship between the principal and the law has never been easy to define. This book provides basic information on the current status of law, risk, and site-based management as they relate to the legal rights and responsibilities of principals. Twenty-one chapters are included in five sections. The first section discusses the school and the…

This brief report summarizes a longer document with the same title in the ASHE-ERIC Higher Education Report series. Academic freedom provides the foundation for faculty scholarship and teaching, making it possible for educators to exchange ideas and concepts freely in the classroom, to explore and disseminate new knowledge, and to speak out both…

This report synthesizes the literature and applicable case law concerning academic freedom in higher education and addresses the following issues: (1) popular notions concerning academic freedom; (2) whether academic freedom is a legal right; (3) whether faculty at private institutions have the same rights as faculty in public schools; and (4)…

From a legal perspective, teacher evaluations can be a school's most valuable tool when administrators need to pursue or defend personnel actions. The first step in a practical evaluation process is to determine the evaluation's purpose, and the second is to determine what is to be evaluated. Evaluations should focus on factors that actually…

A central issue in litigation arising from adverse employment decisions affecting school personnel is the adequacy of due process procedures. Due process is required only if a teacher is able to establish a protected property or liberty interest. The first section of this chapter accordingly discusses the circumstances under which due process is…

Defines and gives examples of remediation as a process prior to dismissal proceedings, in which a teacher is evaluated by administrators, who identify deficiencies and provide the teacher an opportunity to correct them. Identifies what constitutes remediable conduct, how requirements for remediation are imposed, and how courts review dismissal…

A discussion of legal aspects of college faculty efforts to profit from their research activities considers whether judicially acknowledged distinctions between faculty's academic and personal pursuits will apply in such cases of commercialization. Implications for increased regulation of core institutional and faculty activities are examined.…

Analysis of a Supreme Court case, in which university use of academic freedom as a basis for protecting confidential peer-review documents was rejected, explores the general development and this application of academic freedom doctrine. Individual academic freedom is distinguished from institutional autonomy in protection of the free exchange of…

This digest summarizes issues raised in a research report on the academic rank of the emeritus professorship and retirement. Among the questions addressed are: What prompts an interest in the emeritus status? What trends presage its restructuring? What changes in the emeritus rank are likely? How might a new emeritus rank help solve problems of…