Typical district contracts often impede professionalism and superior school performance. Boston's "Pilot Schools" and Baltimore's contract public schools represent isolated reform efforts. Streamlined master contracts and school-based compacts seem promising. Reform requires enabling changes in legislation, school authority, shared…

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…

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)

Although the 1976 copyright law provides teachers with specific rights and defenses concerning classroom use of copyrighted materials, litigation by publishers has affected college policies. Teachers should be educated concerning assertion of their rights, which will be lost if they are not used. Also, greater protection should be assured by…

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)

Virtually all state charter school legislation addresses teacher rights and working environment. Relationships with teacher unions are either specified in the law, or approval of the charter requires suitable provisions for employee hiring, firing, grievances, etc. Charter school evaluation almost without exception includes some references to…

Discussion of academic freedom and college teacher dismissal first examines the expectations that institutions should have of faculty, traces the history of academic freedom in America, and looks at conditions that might constitute adequate cause for teacher dismissal. Examples are drawn from court litigation. Catalysts in the institutional…

Teachers' rights to engage in religious activities may not be as extensive as students' rights. Students may participate in religious clubs on school premises so long as the school permits other noncurricular, student-initiated clubs to meet during noninstructional time. Courts' confusing forum analysis complicates the picture. (Contains 22…

A survey and analysis of various fairness issues related to teacher evaluation and the pursuant legal challenges to placement on the Texas Teacher Career Ladder by the use of a statewide teacher appraisal system are presented in this report. Analysis of legal trends in Texas indicates that strict compliance has been required in situations where…

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)

In the positive theory of public bureaucracy, the prevailing view is that the structure of public agencies is designed from the top down by political superiors. Faced with bureaucrats who may disagree with them on policy and who are advantaged by private information, superiors choose rules and procedures to try to ensure that agencies do what they…

A discussion of legal aspects of college faculty efforts to profit from their research activities considers whether judicially acknowledged distinctions between faculty's academic and personal pursuits will apply in such cases of commercialization. Implications for increased regulation of core institutional and faculty activities are examined.…

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…

Today's teachers are increasingly becoming targets of violence, incivility, and tortious acts by minor students. Some teachers have successfully sued threatening students in civil court for punitive damages. About 13 states have made assaulting a teacher a felony. Some tort theories hold parents liable for their children's misbehavior. (Contains…