Chapter 3 of a book on school law, this chapter focuses on 1979 cases related to collective bargaining. The author notes that, as in 1978, challenges to grievance arbitration and to the awards of arbitrators were the dominant subject of litigation, with scope of bargaining a distant second place in the list of subject areas. In addition, he has…

In his introductory statements, the author notes that grievance arbitration has been the major single source of litigation and that scope of bargaining has become a central issue. These issues reflect the growing fiscal pressures on school boards to reduce positions, close schools, and take other economy measures. The author also notes that the…

Chapter 14 in a book on school law concerns the legal aspects of evaluating teacher performance. Careful analysis of recent decisions makes it clear the courts will compel uniform standards and unprecedented rigor in teacher evaluation practices. Particularly in the consideration of equitable standards, state and federal courts are relying on…

As an aid to New Jersey school board members, administrators, and attorneys without extensive labor law training, this revised edition of a handbook on the New Jersey Employer-Employee Relations Act sets out school boards' basic obligations and rights under the law in light of changes brought about by recent agency and court cases. Its six…

This chapter reports 1982 cases involving aspects of higher education. Interesting cases noted dealt with the federal government's authority to regulate state employees' retirement and raised the questions of whether Title IX covers employment, whether financial aid makes a college a program under Title IX, and whether sex segregated mortality…

The bulk of this chapter is devoted to three areas of contention: discrimination in employment (including discrimination on the grounds of race, sex, age, and handicapping condition), the discipline and dismissal of employees (including separate discussions of such causes as insubordination, neglect of duty, unprofessional conduct, incompetence,…

Defining reverse discrimination as hiring or admissions decisions based on normally irrelevant criteria, this book develops principles of rights, compensation, and equal opportunity applicable to the reverse discrimination issue. The introduction defines the issue and discusses deductive and inductive methodology as applied to reverse…

This chapter analyzes 1982 decisions involving legal issues in public school employment. Cases in areas of federal law are discussed first, including: discrimination in employment (race, sex, religion, age, and handicap); substantive constitutional rights (speech, association, and religion); and procedural due process (property interest, liberty…

Based on information gathered in a survey of senior academic administrators and from in-depth, on-site interviews with faculty, staff, and trustees on campuses across the United States, the successes and failures of principal academic personnel--traditional tenure, tenure with modifications, and nontenure term-contract systems--are described.…

Seven experts in the law as it applies to postsecondary education have contributed six articles to this book-length discussion of relevant court cases decided in 1979. Topics addressed include governance and finance, property owned by educational institutions, tort liability cases affecting schools, litigation required in clarifying relations…

Major problems and issues of ethics in elementary, secondary, and higher education are examined. The function and present status of professional ethics are considered, along with specific codes of ethics, including those of the National Education Association, American Association of University Professors, and the American Association of School…

Complete information about the Michigan Teachers' Tenure Act is presented in this 12-chapter volume. Tenure is an employment security device giving permanent status and protection against dismissal except for stated cause. An overview discusses tenure's advantages and disadvantages and legislation in Michigan that culminated in the 1964 Teachers'…

The role of the law on campus is addressed in this resource book for administrators and legal counsel. An overview covers sources of postsecondary education law (e.g., statutes, institutional contracts) and dichotomies between the public and private sectors and between school and church. Attention is directed to: legal concepts and issues…

This comprehensive reference reviews court decisions affecting the operation, management, and governance of public schools. This edition analyzes all public school cases decided during the 1982 calendar years and reported in West's Regional, Federal, and Supreme Court Resports, through the December 1982 advance sheets. Included as well are 1981…