This document examines the legal requirements for the reduction in force (RIF) of North Carolina Department of Public Instruction employees, with a focus on certified (instructional) staff. A question-and-answer section discusses areas of concern to administrators about the reduction-in-force process. North Carolina State law relating to the RIF…

Tenured teaching staff member in New Jersey cannot be dismissed from their positions unless a board of education establishes just cause in a hearing before the Commissioner of Education. This pamphlet, designed to assist boards in filing dismissal proceedings for unsatisfactory tenured teachers, provides a comprehensive review of all recent tenure…

The University of Michigan vs. Scott Ewing case, in which a medical student who had not passed a required examination was dismissed, and the potential for legal pressure brought to writing teachers and writing programs are discussed. (MSE)

A central issue in litigation arising from adverse employment decisions affecting school personnel is the adequacy of due process procedures. Due process is required only if a teacher is able to establish a protected property or liberty interest. The first section of this chapter accordingly discusses the circumstances under which due process is…

This checklist is designed to reduce the prospect that a termination decision will be reversed in a grievance procedure, arbitration, state agency hearing, or court proceeding. The checklist is arranged under the following headings: (1) What is the real reason for considering firing this individual? (distinction between reduction-in-force and…

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)

Reviews factors considered by courts in judicial decisions concerning teachers involved in criminal offenses relating to alcohol and drug violations, larceny, theft, shoplifting, gambling, and manslaughter. The courts have held that when criminal conduct shows a connection between the offense and the teacher's effectiveness then cause exists for…

Surveys court decisions and constitutional challenges by homosexual teachers faced with job terminations. Provides nine guidelines for use by school officials. The primary concern of boards assessing a teacher's fitness should be the educational competence of the teacher and the possibility of actual harm to students resulting from the teacher's…

Although the main purpose of a school district's evaluation system is to improve employees' performance, the evaluation procedures and the supporting documentation must also serve as evidence in the termination hearings of an unsatisfactory employee. Accordingly, this chapter provides practical advice to school administrators concerning…

Reviews some legal and procedural guidelines pertaining to freedom of expression and due process in how teachers and administrators handle student verbal or symbolic threats. Reviews school cases related to freedom of expression, written expression, verbal or written expression off school property, and Internet expression. Offers recommendations…

One of the most frequent problems confronting employers is the need to investigate allegations of or suspicions that an employee has been involved in misconduct and take appropriate action when the evidence substantiates the wrongdoing. School district employers are no exception. Respect and trust in the school working environment are achieved by…

The dismissal of public school teachers in Oregon is governed by the Fair Dismissal Law. The statutory requirements of the law involve (1) a notice from the superintendent of intent to dismiss, (2) school board approval of dismissal, (3) the teacher's right to appeal to the Fair Dismissal Appeals Board (FDAB), and (4) the school board's and…

School board members from 50 states have in common the United States Constitution and the legal principles announced by the federal courts in response to that Constitution. New board members are usually concerned with the rights of teachers, parents, and students. Starting with student rights, student conduct that involves freedom of expression…

Due process has become an important principle in higher education as a result of many new legal issues, including dismissals of students from campus, firings of staff members, faculty tenure and promotion, sexual harassment, discrimination, and substance abuse. This volume defines due process; explains when due process procedures are required;…

The termination of unsatisfactory school employees is an ubiquitous and often expensive legal problem for school districts. This monograph was designed to help school attorneys and administrators in handling the termination process as fairly and efficiently as possible. The monograph begins with articles on documentation, evaluation, and…