This paper presents examples of judicial reasoning in conflicts involving governing board bias and the power to decide in higher education and in various public school settings. Two cases, "Simard v. Board of Education" and "Hortonville Joint School District No. 1 v. Hortonville Education Association," provide the general…

This work provides sample letters, charts, timelines, and checklists, to help principals adequately prepare for possible teacher dismissal. Chapter 1, "Describing the Marginal Teacher," lists traits common to marginal teachers. Chapter 2, "Establishing the Teacher Evaluation Process," presents a monthly timeline for assessing…

Suggests that the constitution or structure of schools should be democratic to foster democracy. Discusses the value of parents' voices in decision making, but warns of the tendency toward bureaucracy. Argues that structural indexes must be formulated so that they can be transformed into instructional processes by a coupling of…

Reports on a study of 4,000 teachers in the German states that comprised the former Federal Republic of Germany. Finds that the feminization of the teaching profession is not as far advanced as is often assumed. Calls for more research into teacher placement and whether or not it affects teacher effectiveness or morale. (CFR)

Statutory and case law since 1953 have created a firm basis for personnel policy in Mississippi public school districts. House Bill No. 11 (1953) prescribed methods for the selection and employment of professional staff and conditions for their suspension and dismissal, establishing rights of proper notice and due process. Standards for…

The focus of this chapter is on the substantive constitutional protections of the public school employment relationship guaranteed by the First Amendment, particularly freedom of speech, and by the Fourteenth Amendment's right to privacy. Included are burden-of-proof standards required for establishing a prima facie case of denial of these…

This paper is part of a series of studies designed to ascertain what policies and practices, if any, are currently in effect regarding rights and privileges connected with retirement in higher education. This study sought information about the perquisites furnished to retired higher education faculty in the Commonwealth of Pennsylvania through a…

Use of nationally standardized tests to determine teacher competency continues to be a subject for review in state and federal courts. School district policies have promoted minimum score requirements as a basis for employment decisions concerning certification, hiring, renewal, promotion, and merit pay. Legal challenges to these policies focus…

Presents a discussion of the legal context of evaluation systems upon which merit pay programs are based. Following the discussion of the law, a model merit pay program is presented. (MLF)

The goal of this book is to provide comprehensive and practical knowledge of relevant legal issues that affect the administration of public schools. It will allow educators to effectively perform their duties within the boundaries of constitutional, statutory, and case law. It is also designed to be easy to understand for those with little or no…

Urges that teachers be allowed to play a more active role in school restructuring. Argues that democratic ideals cannot be taught by a school system that is not run democratically. Insists that proponents of restructuring and educational renewal must see as central the teachers' control over professional affairs. (DK)

To guarantee an efficient educational system, effective evaluation and supervision of teacher performance are necessary. However, the evaluation of teacher performance presents two major problems: first, no clear definition or measure of effective teaching exists, and second, evaluation is perceived to have conflicting purposes, either as a…

Teacher improvement programs must comply with federal and state constitutional requirements for due process, equal protection, and freedom of speech, as well as state and federal laws covering collective bargaining, civil rights, and the authority to institute improvement programs. This booklet explores these legal considerations, focusing on…

This chapter addresses developments concerning faculty tenure, examines institutional responses to new pressures and the litigation by faculty over those reponses, and explores faculty and administration rights and responsibilities. Academic administrators have realized that the reappointment, tenure, and promotion processes are an opportunity to…

In problems pertaining to faculty dismissal, public higher education institutions are subject to both constitutional and contractual constraints, whereas private schools are subject almost solely to self-imposed contractual limitations. In public institutions, teachers alleging termination for protected free speech bear the burden of establishing…