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Zirkel, Perry A.; Gluckman, Ivan B. – NASSP Bulletin, 1985
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)
Descriptors: Court Litigation, Teacher Dismissal, Teacher Responsibility, Teacher Rights
Bailey, George W.; Wear, Maurice – Executive Educator, 1986
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…
Descriptors: Court Litigation, Elementary Secondary Education, Teacher Dismissal, Teacher Evaluation
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
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Epley, Glen; Flowers, Anne – Clearing House, 1984
Reviews a number of court cases dealing with teacher liability and malpractice. Concludes that, in general, the courts recognize the constraints under which teachers work and want them to have the opportunity to work creatively without fear of litigation. (FL)
Descriptors: Court Litigation, Educational Malpractice, Elementary Secondary Education, Legal Responsibility
National Council of Teachers of English, Urbana, IL. – 1999
Pointing out that increasing questions about and attacks on various methods used in teaching English language arts led to a 1994 National Council of Teachers of English (NCTE) Resolution on the right to teach (reaffirmed in 1996) calling for the identification, definition, and defense of methods most often attacked, this brochure is the result of…
Descriptors: Cooperative Learning, Elementary Secondary Education, English Curriculum, English Instruction
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
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Burkholder, John David – Journal of Law and Education, 1989
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)
Descriptors: Constitutional Law, Court Litigation, Elementary Secondary Education, Public Schools
Reutter, E. Edmund, Jr. – West's Education Law Quarterly, 1994
Examines four cases decided in circuit courts regarding teachers' academic freedom. Cited in all these decisions was "Kuhlmeier," a case involving the lawful restriction of student speech. Contends that some of the language in the opinions could stimulate governing boards to try to intrude upon the professional judgment of teachers. (42…
Descriptors: Academic Freedom, Elementary Secondary Education, Federal Courts, Freedom of Speech
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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
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
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Musgrave, P. W. – Journal of Educational Administration, 1984
In Australia, teachers' accountability has grown less centralized and less bureaucratized as teachers have become more knowledgeable and better trained. Opposing forces are currently battling over whether to increase monitoring. In as multidimensional an administrative field as Australian schooling, a complex, changing monitoring system must…
Descriptors: Accountability, Economic Factors, Educational History, Elementary Secondary Education
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Academe, 1985
The actions of Clark College in terminating, for reasons of financial exigency, two faculty members previously granted indefinite tenure are reviewed according to the AAUP statement of principles and recommended institutional regulations on academic freedom and tenure, and procedural standards, and found to be in violation. (MSE)
Descriptors: College Faculty, Due Process, Financial Problems, Higher Education
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Scott, M. M. – Academe, 1998
Intellectual property questions, as they concern college faculty, are composed of many issues and have substantial and far-reaching implications for the work of faculty and students and for administrative decision making. Both faculty and the American Association of University Professors must become involved to guard against incursions of academic…
Descriptors: Agency Role, College Administration, College Faculty, College Role
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Frost, Lynda – Journal of College and University Law, 1991
Analysis of a Supreme Court case, in which university use of academic freedom as a basis for protecting confidential peer-review documents was rejected, explores the general development and this application of academic freedom doctrine. Individual academic freedom is distinguished from institutional autonomy in protection of the free exchange of…
Descriptors: Academic Freedom, College Administration, College Faculty, Confidential Records
Council for Exceptional Children, Reston, VA. – 1986
How schools can effectively work with exceptional students who have communicable diseases was the focus of an eight-member Task Force appointed by the Council for Exceptional Children (CEC) Governmental Relations Committee. Its report begins with an overview of existing guidelines and defines specific communicable diseases (Hepatitis B,…
Descriptors: Access to Education, Agency Cooperation, Communicable Diseases, Disabilities
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