This article explores common misbeliefs and misconceptions that many teachers have about the law of education, focusing on those that have the greatest potential to cause harm to schools, students, and teachers themselves. The myths fall into three categories: myths concerning the legal vulnerability of schools and teachers, myths concerning the…

Tenured teaching staff member in New Jersey cannot be dismissed from their positions unless a board of education establishes just cause in a hearing before the Commissioner of Education. This pamphlet, designed to assist boards in filing dismissal proceedings for unsatisfactory tenured teachers, provides a comprehensive review of all recent tenure…

This handbook is the 16th in the series of monographs designed to summarize judicial decisions on elementary and secondary education. The cases included in the book were selected from judicial decisions found in federal and regional reporters for the period July 1, 1993, to June 30, 1994. The cases provide a general overview of school law issues…

This speech reviews the power of school boards with respect to dismissal, and identifies implications of due process for supervision and evaluation, particularly as it relates to incompetence as a basis for dismissal. The first section defines the state-sanctioned powers of a school board, including the difference between discretionary and…

The number of reported cases dealing with collective bargaining increased for the second consecutive year. While there was a significant amount of litigation, including one Supreme Court case, the courts relied on established precedents in deciding the many different issues confronting them. The review addresses the following topics at the K-12…

The most significant change appearing in the collective bargaining area in 1989 was the drop in number of cases compared to recent years. The largest number of cases challenged the specifics of fair share fee level establishment and the processes in place for collection of fees. There were also a significant number of cases surrounding issues of…

The amount of collective bargaining litigation remained high in 1988; however, there were no United States Supreme Court cases concerning collective bargaining in education, nor were there any new trends or developments. The review addresses the following topics at the K-12 level: (1) constitutional issues; (2) recognition and representation…

An increasing amount of case law dealing with collective bargaining in education was evident in 1987. The more than 100 cases cited indicate that educational employers and their unionized employees are increasingly resorting to the courts rather than resolving issues at the negotiation or arbitration table. However, there were no United States…

The termination of unsatisfactory school employees is an ubiquitous and often expensive legal problem for school districts. This monograph was designed to help school attorneys and administrators in handling the termination process as fairly and efficiently as possible. The monograph begins with articles on documentation, evaluation, and…

This chapter reviews collective bargaining cases in education during 1986. Although the courts addressed a broad range of topics, no new legal principles were applied in these cases. The courts relied on traditional labor law concepts and applied them to the specific statutes and policies of the applicable jurisdiction. The review addresses the…

Higher education case law in 1990 is discussed in this chapter under nine major topics: (1) intergovernmental relations; (2) discrimination in employment; (3) faculty employment; (4) administrators and staff; (5) students; (6) liability; (7) antitrust; (8) patents; and (9) estates and wills. Questions of the authority of federal, state, and local…

Themes in 1989 higher education case law reflect the difficulty in reducing the federal deficit, increased service demands on state budgets, and an economic condition of marginal growth. The interpretation of constitutional rights in relationships between the institution and students, employees, and communities continues to be heavily litigated.…

The higher education case law in 1988 is extensive. Cases discussed in this chapter are organized under five major topics: (1) intergovernmental relations; (2) employees, involving discrimination claims, tenured and nontenured faculty, collective bargaining, and denial of employee benefits; (3) students, involving admissions, financial aid, First…

Litigation in 1987 was very brisk with an increase in the number of higher education cases reviewed. Cases discussed in this chapter are organized under four major topics: (1) intergovernmental relations; (2) employees, involving discrimination claims, tenured and nontenured faculty, collective bargaining and denial of employee benefits; (3)…

This booklet provides prospective and current Catholic school board members with basic information concerning civil law as it affects schools in general and Catholic schools in particular. Chapter 1 describes the two main types of Catholic school boards: consultative boards, in which the pastor of the diocese has final authority to accept the…