Education policy often requires balancing the professional interests of adult employees with the educational needs and rights of students. Nearly everyone agrees, for example, that children deserve an education that prepares them for success in college and life, and that teachers should be afforded reasonable job protections. Yet these values and…

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)

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…

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…

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…

This publication consists of papers delivered at a 1986 preconference workshop of the Canadian Education Association. "Recent Legislation and Emerging Trends," by Duncan Green, identifies common themes in three recent pieces of school legislation in Ontario. The second paper, by Judith Anderson, assesses "Trends and Implications for…

The relationship between public schools and their employees is one of the most frequently litigated aspects of American education. Accordingly, the chapters in this text present a comprehensive and current report of legal issues in public school employment. Chapter titles and authors are as follows: (1) "Critical Elements of the Employment…

These legal documents and discussions represent a variety of litigations concerning state statutes and federal regulations. Part A, "Preventing a Law Suit," offers suggestions for avoiding employee termination lawsuits and presents documents for teacher evaluation and for teacher termination and grievance hearings. "New and Emerging…