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Kahlenberg, Richard D. – American Educator, 2015
Teacher tenure rights, first established more than a century ago, are under unprecedented attack. Tenure--which was enacted to protect students' education and those who provide it--is under assault from coast to coast, in state legislatures, in state courtrooms, and in the media. In June 2014, in the case of "Vergara v. California," a…
Descriptors: Tenure, Teacher Rights, Court Litigation, State Legislation
Bauer, Anne M.; Shea, Thomas M. – Journal of the Association for Persons with Severe Handicaps (JASH), 1986
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…
Descriptors: Communicable Diseases, Confidentiality, Court Litigation, Disabilities
Sendor, Benjamin – American School Board Journal, 1984
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)
Descriptors: Civil Liberties, Court Litigation, Dissent, Federal Courts
Grosse, W. Jack; Melnick, Nicholas – American School Board Journal, 1985
Dismissing a teacher for insubordination is usually acceptable to the courts when the teacher willfully defies reasonable and specific regulations and orders despite repeated and clear directives that such behavior must cease. (PGD)
Descriptors: Court Litigation, Elementary Secondary Education, Legal Responsibility, Teacher Administrator Relationship
McCormick, Kathleen – American School Board Journal, 1985
The peer review system for evaluating schools (the "Toledo Plan") is gaining favor among teachers in other school systems. Schools are generally reluctant to dismiss incompetent teachers because of documentation complexities, but incompetent teachers should nevertheless be weeded out. (TE)
Descriptors: Administrator Responsibility, Due Process, Peer Evaluation, Personnel Policy

Bjorklun, Eugene C. – Religion & Public Education, 1992
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)
Descriptors: Academic Freedom, Civil Liberties, Constitutional Law, Creationism

Mesibov, Laurie – School Law Bulletin, 1984
Although school boards have the authority to order a teacher to undergo a medical examination, the board's concern should be only with the teacher's fitness. Policy guidelines are offered that protect a teacher's right to due process. (MLF)
Descriptors: Board of Education Policy, Due Process, Elementary Secondary Education, Mental Health
Lines, Patricia M. – Phi Delta Kappan, 1985
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)
Descriptors: Court Litigation, Due Process, Elementary Secondary Education, Justice

Henderson, Donald H. – Journal of Law and Education, 1985
Litigation by nontenured teachers in contract nonrenewal disputes usually involves claims of violation of speech, liberty, contractual, or privacy rights. School boards should be certain that the cause for nonrenewal of a probationary teacher's contract is not in violation of a protected right. (MLF)
Descriptors: Beginning Teachers, Board of Education Policy, Civil Liberties, Court Litigation
Stover, Del – American School Board Journal, 1990
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…
Descriptors: Board of Education Policy, Court Litigation, Discipline Policy, Dress Codes

Joyce, Robert P. – School Law Bulletin, 1985
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)
Descriptors: Civil Rights, Court Litigation, Due Process, Employer Employee Relationship
Nikitenko, Aleksandr – Soviet Education, 1990
Proposes categories of teacher ability that make it possible to increase Soviet teacher salaries depending on the results of certification, seniority, and class size. Urges economic motivation as an incentive to attract better candidates to the teaching profession. Criticizes the present practice of awarding salary increases for length of service,…
Descriptors: Career Choice, Elementary Secondary Education, Foreign Countries, Higher Education

Knab, Doris – European Education, 1992
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…
Descriptors: Centralization, Democracy, Elementary Secondary Education, Foreign Countries