The purpose of this national survey is to determine secondary school principals' knowledge of the rights of students and teachers, how often principals are legally threatened and sued, how they adjust their behaviors in response, and how they obtain and disseminate legal information. Survey results show that a majority of principals are uninformed…

Reviews a recent case that exhibits the mistakes that can be made when teachers, school boards, and administrators fail to understand that teacher tenure is not a guarantee of employment but does guarantee that procedural and statutory protections will apply in any termination process. (PGD)

Due process hearings should not threaten principals who have performed their teacher evaluation duties well and can demonstrate (1) the persistent nature of the teacher's difficulties; (2) repeated warnings; (3) frequent assistance; (4) adequate time and opportunity to improve; (5) close supervision; and (6) the teacher's involvement in a normal…

In 1995, members of the local teachers' association sued the Colonial School District in eastern Pennsylvania regarding a policy prohibiting political activities at official polling places on school property during nonworking hours. The court decided in the teachers' favor, declaring the policy unconstitutional. Generally, teachers' partisan…

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…

Using a specific case, this article reviews some common areas of contract and tort law applicable to principals and employment practices in public and private schools. The question/answer format treats contract validity, negligent misrepresentation, and constitutionality issues involved in a case based on unfulfilled hiring promises. Includes four…

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…

Before 1980, academic-freedom litigation favored teachers over school boards. As a 1998 case involving termination of a popular creative-writing teacher shows, today's judges rely on decision makers' judgement. Courts view academic freedom as the province of school boards and administrators, who determine how it is exercised. (MLH)

Disagreements over teachers' First Amendment, academic-freedom rights in curricular contexts are again receiving judicial attention. Two federal cases involving termination of exemplary high-school drama and creative-writing teachers have upheld school boards' authority to control curriculum context in disagreements over permissable subject matter…