In this Martin Center policy brief, "Scholastic Gag Orders: NDAs, Mandatory Arbitration, and the Legal Threat to Academics," Stephen Baskerville explores how non-disparagement agreements (NDAs) and mandatory arbitration (MA) provide a veil of legally enforced secrecy, shielding administrations from negative publicity, professional…

This article focuses on the importance of recognizing and appreciating the ways that a teacher integrates her personal and professional life with an English-only policy. Much can be learned from the ways in which she negotiates social forces and integrates them into her individual reality while making sense of the restrictive language policy.…

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…

There is significant interest in reforming retirement plans for public school employees, particularly in light of current market conditions. This paper presents an overview of the various types of state regulation of public pension plans that affect possibilities for reform. Several states have legal protections that effectively prevent a state…

Summarizes some of 2001's more interesting and important court cases regarding employment discrimination in higher education, commenting on their effects on case law. (EV)

It has been over ten years since the "Teacher's Law" took effect on January 1, 1994, and its promulgation and implementation have somewhat helped in protecting teachers' legal rights and interests. Undeniably, however, the "Teacher's Law" is defective in many aspects, such as the absence of teachers' legal identity, its failure…

This chapter provides an analysis of seniority rights under Title VII of the Civil Rights Act of 1964, which bars discrimination in employment. Two legal theories have arisen in assessing Title VII claims: discriminatory treatment, in which the burden of proof of discriminatory intent lies with the plaintiff, and discriminatory impact of neutral…

This document examines the legal requirements for the reduction in force (RIF) of North Carolina Department of Public Instruction employees, with a focus on certified (instructional) staff. A question-and-answer section discusses areas of concern to administrators about the reduction-in-force process. North Carolina State law relating to the RIF…

This document addresses legal requirements for and issues in the nonrenewal of probationary teachers in North Carolina. The interpretive analysis section points out that in order to protect itself against a charge of nonrenewal based on prohibited reasons, the school board must develop a written record that documents factors for its decision. A…

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…

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…

A discussion of sexual harassment on American college campuses focuses on the case of Silva v. University of New Hampshire. The article examines the university's responsibility to protect students from sexual harassment while at the same time protecting freedom of expression. Various examples are presented in an attempt to define sexual…

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…

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…

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…