This chapter synthesizes the previous chapters to offer to readers practical recommendations for navigating IP issues, including resources and advice for faculty and administrations to engage in more equitable discussions about the rights of faculty and the interests of the public good.

What is the scope of First Amendment free expression rights of public school employees and students? Following a long period with no Supreme Court rulings pertaining to public employee or student speech, the Court since 2006 has delivered significant opinions in this regard. These decisions continue the trend of narrowing the circumstances under…

Reviews a recent case that exhibits the mistakes that can be made when teachers, school boards, and administrators fail to understand that teacher tenure is not a guarantee of employment but does guarantee that procedural and statutory protections will apply in any termination process. (PGD)

Reviews rationale for firing incompetent teachers and obstacles to dismissal. Citing 13 specific court decisions, discusses subcategories of successful dismissal cases involving insubordination and neglect of duty, unprofessional behavior, immorality, and inferior classroom performance. Mentions dismissal cases that foundered due to First…

A discussion of the transmission and prevention of hepatitis B focuses on implications of the disease for special educators, including maintaining confidentiality, providing education in the least restrictive environment, curriculum modifications in related behavioral/social areas, and personal risk. Relevant administrative and legal questions are…

Public schools are unique environments where the rights and responsibilities of one individual or group can easily, if unintentionally, infringe on the rights and responsibilities of other individuals or groups. This can leave public school employees wondering about the nature and scope of their rights. While it is well established that public…

This book provides a history of the U.S. tradition of academic freedom, peer review, and shared governance in higher education as a background to a discussion of academic ethics. The book also contains a selection of ethical problems for peer discussion. The chapters are: (1) "Introduction"; (2) "The American Academic Profession: The Tradition of…

The Connick vs. Myers Supreme Court decision regarding public employees' right to express themselves has been applied to public schools in two recent federal court cases. The rulings suggest school boards may discipline school employees for disputes over internal office matters but must tolerate their dissent over public matters. (DCS)

Reviews four recent court decisions affecting school law. A Circuit Court of Appeals ruling upheld Norfolk Schools' decision to abolish busing and reinstate neighborhood schools. The United States Supreme Court dismissed appeals to lower court decisions involving a minimum grade prerequisite, a teacher's privacy rights, and an "adult"…

When performance problems arise with a tenured teacher, the principal has the following obligations: (1) determine the extent and cause of the problems; (2) devise a remediation strategy; (3) respect the teacher's due process rights; and (4) maintain written documentation. (MLF)

Administrators must understand the type of evidence called for in a teacher dismissal hearing and set up procedures for gathering the evidence. Offers guidelines on the following sources of evidence: (1) school records; (2) evaluations; (3) recordings; (4) eyewitness accounts; (5) photographs; (6) policies and rules; and (7) direct testimony. (MLF)

Newly hired teachers regularly have questions about whether their lifestyles and actions outside of school could have repercussions on their career. Because they are expected to be role models for their students and thus held to a higher level of discretion than the general citizenry, educators have had restrictions placed on their living…

Religious rights of teachers are affected in three primary areas of activities: (1) outside the school environment; (2) inside the school environment; and (3) inside the classroom. These issues are examined from the perspective of the constitutional principles involved. (MLF)

Reviews the controversy of teaching evolution and creationism in public schools from the early years of the twentieth century until today. Identifies two stages of the legal challenges to the teaching of evolution. Contends that academic freedom issues may provide another avenue to the Supreme Court for those supporting creationism. (CFR)

The practitioner advising a school board in connection with a reduction in force can appreciate that the board has great flexibility in implementing its decision. As long as the board's actions are not arbitrary, capricious, or pretextual, and they afford minimal due process protections to tenured teachers, the board's decisions will withstand…