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Firing a Teacher? Be Sure Your Case Will Hold Up in Court.
Bailey, George W.; Wear, Maurice – Executive Educator, 1986
Reviews rationale for firing incompetent teachers and obstacles to dismissal. Citing 13 specific court decisions, discusses subcategories of successful dismissal cases involving insubordination and neglect of duty, unprofessional behavior, immorality, and inferior classroom performance. Mentions dismissal cases that foundered due to First…
Descriptors: Court Litigation, Elementary Secondary Education, Teacher Dismissal, Teacher Evaluation
How You Can Identify People Who Shouldn't Work with Kids.
Zakariya, Sally Banks – Executive Educator, 1988
To identify applicants with past criminal records, 22 states have passed laws making F.B.I. checks mandatory for teacher certification. Because many teachers are affronted by background checks and fingerprinting, unions often block this type of proposed legislation. Insets provide tips on avoiding defamation and negligent hiring charges and on…
Descriptors: Crime Prevention, Elementary Secondary Education, Personnel Selection, Sexual Abuse
Matters of Morality: Back Seat Trysts Are Not School Problems.
DeMitchell, Todd A. – Executive Educator, 1984
Discusses seven court cases that have helped clarify teachers' privacy rights and the limitations on those rights. (MLF)
Descriptors: Court Litigation, Elementary Secondary Education, Moral Values, Privacy
School Law.
Splitt, David A. – Executive Educator, 1986
Reviews four recent court decisions affecting school law. A Circuit Court of Appeals ruling upheld Norfolk Schools' decision to abolish busing and reinstate neighborhood schools. The United States Supreme Court dismissed appeals to lower court decisions involving a minimum grade prerequisite, a teacher's privacy rights, and an "adult"…
Descriptors: Academic Standards, Court Litigation, Courts, Divorce
Make Your Charges Stick.
Grier, Terry B.; Turner, M. Jane – Executive Educator, 1990
Administrators must understand the type of evidence called for in a teacher dismissal hearing and set up procedures for gathering the evidence. Offers guidelines on the following sources of evidence: (1) school records; (2) evaluations; (3) recordings; (4) eyewitness accounts; (5) photographs; (6) policies and rules; and (7) direct testimony. (MLF)
Descriptors: Administrator Guides, Elementary Secondary Education, Hearings, Photographs
School Law.
Splitt, David A. – Executive Educator, 1986
Garland Independent School District (Texas) has a clear-cut policy of free choice regarding union membership and has placed firm restrictions on union activities during shool hours. The Fifth Circuit Court of Appeals recently upheld these restrictions but struck down a superintendent's claim that teachers' private communications violated district…
Descriptors: Administrative Policy, Court Litigation, Courts, Elementary Secondary Education
School Law.
Splitt, David A. – Executive Educator, 1987
Courts generally rule against drug testing of public employees. A urine sample represents "unreasonable search" under the Fourth Amendment. Testing unreliability was illustrated in "Jones v. McKenzie." Factual, "reasonable suspicion" must exist for judicial approval. Tests do not resolve employee drug abuse;…
Descriptors: Court Litigation, Drug Use, Elementary Secondary Education, Employer Employee Relationship
School Law.
Splitt, David A. – Executive Educator, 1984
Discusses cases involving a nontenured high school coach's firing, state-mandated competency testing, and civil rights of public employees. (KS)
Descriptors: Court Litigation, Due Process, Elementary Secondary Education, Federal Courts