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)

A federal district court reinstated a competent volleyball coach when her Utah district reassigned her after discovering her gayness. The case seems a clear-cut lesson for school officials. Closer examination reveals the line drawn (between private behavior and public expression) that administrators and judges face when addressing homosexuality.…

Describes facts and law leading to Third Circuit Court of Appeals decision to remand for trial a middle-school teacher's claim that suburban Philadelphia school district retaliated against her for advocating the raising of multicultural awareness, thus violating her First Amendment rights of free speech. Discusses implications for teachers and…

Analyzes South Dakota Supreme Court decision reversing school board's dismissal for incompetence of fifth-grade teacher for answering boys' questions about homosexual sex in explicit language. Court held that teacher's singular incident involving indiscreet answers was not sufficient to support charge of incompetence nor was the board policy…

In 1995, members of the local teachers' association sued the Colonial School District in eastern Pennsylvania regarding a policy prohibiting political activities at official polling places on school property during nonworking hours. The court decided in the teachers' favor, declaring the policy unconstitutional. Generally, teachers' partisan…

Supreme Court has delineated three-step test to First Amendment cases brought by public employees, including tenured and nontenured teachers' academic freedom cases. Is teacher's conduct "protected expression" that concerns public issue without unduly rocking boat? If so, is protected expression the motivation behind district's adverse…

Discusses Eighth Circuit Court's upholding of an Oklahoma nontenured second-grade teacher's claim of religious discrimination and violation of First Amendment right of expression when school board declined to renew her contract on recommendation of a principal concerned with parent objections to New Age thinking in a letter sent home attached to a…

The Massachusetts Supreme Court overturned a lower court's ruling against a speech pathology teacher whose contract was not renewed following a parent's complaint. The teacher had explained 4-letter words to 13 year-olds, bringing them up in class, then discouraged further usage. Judges decided the teacher had acted creatively in response to…

Analyzes Massachusetts case involving Salem State College decision to prevent a student from continuing his student teaching at an elementary school because of his continued expression of strongly held religious views in the classroom. First Circuit Court of Appeals upheld the college's decision rejecting the student's claim that his 1st and 14th…

The 11th Circuit Court upheld a Georgia district's termination of an exemplary teacher who refused an immediate drug test after a police dog sniffed out a marijuana cigarette in her unlocked car. This case illustrates application of zero-tolerance policies to teachers and other personnel despite employees' signed contracts. (MLH)

Discusses a federal district court decision ordering a trial to determine if the New York City Public Schools created a "hostile work environment" in violation of the Equal Employment Opportunity Act by not protecting a Sri Lankan-born teacher from repeated ridicule and harassment by students. (Contains 10 references.) (PKP)

Using a specific case, this article reviews some common areas of contract and tort law applicable to principals and employment practices in public and private schools. The question/answer format treats contract validity, negligent misrepresentation, and constitutionality issues involved in a case based on unfulfilled hiring promises. Includes four…

Discusses an unsuccessful lawsuit brought by Margaret Boring, an acclaimed high school drama teacher in Buncombe County, North Carolina. She was transferred to a middle school for allegedly violating the school's "controversial materials" policy after students performed an expurgated version of Lee Blessing's "Independence."…

Discusses a 2000 federal trial court decision upholding a Kentucky district's termination of a tenured teacher who presented a curricular segment on industrial hemp as part of a "save-the-trees" unit. The decision underscores teachers' severely limited constitutional rights in the curricular context. (MLH)

As shown by a West Virginia case involving allegations of student touching, principals are challenged to provide a safe environment for both students and staff members. Although court decisions generally favor school districts, they reveal the importance of a documented warning, a prudent investigation, and a sound board decision. (MLH)