This report contains proposed regulations of student conduct constituting serious misbehavior, and includes written procedures for handling regulation violations. The code is divided into three parts: (1) eight rules that prohibit student conduct qualifying as a major offense and that stipulate long term suspension or expulsion for violation of…

The only way to cope with the plethora of federal and State laws and regulations is to collect and categorize it in a systematic way and to integrate it with carefully developed local board policies and regulations on the major areas of school operation. Outlines a procedure for doing that job. (Author/JF)

The basic objective of this proposed grievance procedure is to resolve grievances as efficiently and informally as possible. The model recommends three steps. The first provides an established, yet informal, procedure to resolve minor grievances. The employee with the complaint is interviewed by his immediate supervisor and then, if necessary, by…

More and more frequently schools are having to reduce their staffs, an act generally referred to by the depression-era phrase "reduction in force" (RIF). The reasons are several, including lower student enrollments, reduced turnover among teachers, a steady movement of students from public to private schools, greater unwillingness of weak teachers…

The Supreme Court has now made clear that, in covered states, school governing boards may not require employees to take a leave of absence while campaigning for public office unless they clear such policy with the District Court for the District of Columbia or the U.S. Attorney General. (Author/IRT)

The Court has made it clear that in covered states school governing boards may not require employees to take a leave of absence while campaigning for public office unless they clear such policy with the District Court of the District of Columbia or with the U.S. Attorney General. (Author/IRT)

In 1971 the North Carolina General Assembly enacted a tenure law for the State's public school teachers and principals. Codified as G.S. 115-142, the Act became effective July 1, 1972. It requires local boards of education to adopt "reasonable rules and regulations" for the conduct of hearings on dismissing or demoting teachers and…

A termination of teacher employment issue--nonreappointment--is considered and a board procedure recommended for those occasions when a teacher is not to be reappointed. The code is made up of sections that are followed by comments that explain or clarify their intent. (Author/MLF)

A school board must be cautious in adopting a policy for nonrenewal of teachers whose performance is unsatisfactory. The author of this third chapter of a book on school law suggests a policy that supports the board's ability to retain the best teachers and weed out mediocre teachers without violating a teacher's rights. Before adopting the…

This chapter discusses the question, To what degree is the school board limited by the requirement that it not be arbitrary or capricious in deciding not to renew a probationary teacher? When teachers have been notified that their employment contracts will not be renewed, they are responsible for initiating a review of the decision. If the school…

This document provides a basic structure for studying the public schools of North Carolina and the relationship that exists between county school systems and the State. The legal structure of public education is explained; a chart illustrates the organizational structure and outlines the responsibilities of State personnel in education. Financial…

This monograph is a revision of an earlier edition designed to help school boards handle terminations of employment while reducing the likelihood of litigation arising from terminations. The former set of five procedural codes have been updated, modified, and added to. This edition contains six model procedural codes on which school boards can…

This monograph is intended to help boards of education meet the increasingly stringent legal demands placed upon them when they are called upon to conduct adversary hearings, particularly in cases involving the termination of an employee or the expulsion or long-term suspension of a student. The material covers the requirements of due process as…

The civil service standard that is the basis for most public school employment decisions conflicts with the assumption of tenure statutes that no teacher should be reappointed or given tenure if a better teacher can be hired. Schools have a legal responsibility to hire the best available teacher. (Author/MLF)

Reduction in force (RIF), or the termination of staff for reasons other than the inadequacy or failing of the individual staff member, may be required for several reasons, including declining enrollment, reduced staff turnover, budget cutbacks, and changes in instructional programs. Whatever the cause, terminations must be handled carefully…