This report examines the rank of emeritus professor in higher education and considers such questions as: What trends presage its restructuring? What changes in the emeritus rank are likely? How might a new emeritus rank help solve problems of abolishing compulsory retirement age? and What should colleges and universities do? Recent studies about…

This checklist is designed to reduce the prospect that a termination decision will be reversed in a grievance procedure, arbitration, state agency hearing, or court proceeding. The checklist is arranged under the following headings: (1) What is the real reason for considering firing this individual? (distinction between reduction-in-force and…

Teachers and other public employees enjoy the same fundamental rights as other citizens. They are entitled to free speech--though the privilege is not limitless--and to due process and equal protection under the law. (Author/DCS)

Within the core of the No Child Left Behind Act (NCLB) are a number of measures to hold states, school districts, schools, and school personnel more accountable for student progress. Summarizes state legislation and court cases concerning school administrators, tenure, collective bargaining, and personnel records. (Contains 32 references.) (MLF)

The court decision in Bishop vs. Aronov, that public universities may suppress a professor's classroom comments on his personal religious beliefs, is discussed, focusing on the conflict between a professor's right to express personal religious beliefs and a university's right to take action to limit that expression. (Author/MSE)

Warns that higher education, particularly in the humanities, has become politicized. Argues that restrictions on the freedom of speech of professors and students in the name of feminist and antiracist ideologies are one-sided examples of "political correctness." Contends that the humanities are diminished by such politicalization and…

Intended to provide school officials an understanding of the legal aspects of common religious liberty and church-state questions in the public school context, this pamphlet attempts an objective summary of the current status of church-state law as it applies to the public schools. The document seeks to catalogue objectively the law as found in…

This comprehensive guide to the procedures and techniques of collective bargaining contains information on all phases of negotiations: the process, the players, preparation, face-to-face bargaining, impasse resolution procedures, and contract administration. It is predicated on the view that school board members and administrators should master…

The most frequently cited causes for teacher dismissal are immorality, incompetence, and insubordination. The discussion in this chapter concerning these three causes encompasses the general judicial principles found in teacher dismissal cases. The discussion of dismissal for immorality focuses on three controversial areas of litigation: sexual…

Since employee salaries and fringe benefits make up the major part of school budgets, any reduction in budgets must be accomplished by reducing personnel. Concentrating on Oklahoma, but citing legal decisions in other states as well, a legal summary is presented for reduction in force when funds are unavailable to complete a school budget. As in…

Dismissals for ineffective teaching, as distinguished from insubordination, immorality, or improper treatment of students, are rare because standards of teaching against which to juxtapose an individual teacher's behavior have not been available. However, abstract performance standards for teachers are beginning to emerge from research on teaching…

This handbook makes clear what the legal rights and responsibilities of California teachers and students are with regard to moral and civic education. For example, the duty of teachers concerning the instruction of pupils in ethics, morals, manners, religion and democratic principles is explained through discussion of the values that teachers are…

This paper addresses the legal issues surrounding a university or college's action of dismissing tenured faculty members because of the school's troubled financial condition or program discontinuance. It explores various legal principles through an examination of specific questions. These questions are: (1) How do the courts define financial…

Although the main purpose of a school district's evaluation system is to improve employees' performance, the evaluation procedures and the supporting documentation must also serve as evidence in the termination hearings of an unsatisfactory employee. Accordingly, this chapter provides practical advice to school administrators concerning…

This chapter provides an overview of legislation and litigation relating to reduction in force (RIF) with a focus on cases decided since 1980. State statutes continue to be the primary source of the law concerning RIF, so a table is provided for these statutes and their various provisions. These statutes include the dismissla-type, and the less…