From a legal perspective, teacher evaluations can be a school's most valuable tool when administrators need to pursue or defend personnel actions. The first step in a practical evaluation process is to determine the evaluation's purpose, and the second is to determine what is to be evaluated. Evaluations should focus on factors that actually…

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…

Since employee salaries and fringe benefits make up the major part of school budgets, any reduction in budgets must be accomplished by reducing personnel. Concentrating on Oklahoma, but citing legal decisions in other states as well, a legal summary is presented for reduction in force when funds are unavailable to complete a school budget. As in…

This paper addresses the legal issues surrounding a university or college's action of dismissing tenured faculty members because of the school's troubled financial condition or program discontinuance. It explores various legal principles through an examination of specific questions. These questions are: (1) How do the courts define financial…

This paper presents examples of judicial reasoning in conflicts involving governing board bias and the power to decide in higher education and in various public school settings. Two cases, "Simard v. Board of Education" and "Hortonville Joint School District No. 1 v. Hortonville Education Association," provide the general…

Statutory and case law since 1953 have created a firm basis for personnel policy in Mississippi public school districts. House Bill No. 11 (1953) prescribed methods for the selection and employment of professional staff and conditions for their suspension and dismissal, establishing rights of proper notice and due process. Standards for…

To guarantee an efficient educational system, effective evaluation and supervision of teacher performance are necessary. However, the evaluation of teacher performance presents two major problems: first, no clear definition or measure of effective teaching exists, and second, evaluation is perceived to have conflicting purposes, either as a…

Except in matters of obvious race and/or sex discrimination, teachers in Catholic and other private schools have fewer Constitutional rights than public school teachers have. Contract law, rather than Constitutional law, governs most teacher employment situations in Catholic schools. An awareness of its implications, together with pastoral (moral…

In December 1982, James Keegstra was dismissed from his position as high school social studies teacher in a small Canadian town. Two and one-half years later Keegstra was convicted on the rarely heard criminal charge of willful promotion of hatred towards an identifiable group (Jews) through his classroom teaching. Courtroom testimony made it…