Teacher tenure rights, first established more than a century ago, are under unprecedented attack. Tenure--which was enacted to protect students' education and those who provide it--is under assault from coast to coast, in state legislatures, in state courtrooms, and in the media. In June 2014, in the case of "Vergara v. California," a…

"Education Matters" is the monthly newsletter of the Association of American Educators (AAE), an organization dedicated to advancing the American teaching profession through personal growth, professional development, teacher advocacy and protection. This issue of the newsletter includes: (1) How to Avoid Burnout (Kate Johanns); and (2)…

As a policy pronouncement, California's Proposition 227 mandates a duty of care that educators owe their students. Failure to teach primarily in English creates a private cause of action against an educator that overcomes legal and policy concerns of "Peter W. v. San Francisco Unified School District." (Contains 57 notes and references.)

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…

The author discusses what he considers to be the 10 leading cases on education labor relations decided in state and federal courts during the 1990s. Concludes with a prediction that efforts to implement merit-pay schemes tied to student performance will lead to employment conflict. (PKP)

The newsletter issue provides a legal analysis of National Labor Relations Board versus Yeshiva University, a case which limited the right of faculty to bargain collectively under the protections of state statutes. Related cases are noted concerning: (1) Wichita State University in Kansas (which rejected the Yeshiva doctrine); (2) University of…

Within the core of the No Child Left Behind Act (NCLB) are a number of measures to hold states, school districts, schools, and school personnel more accountable for student progress. Summarizes state legislation and court cases concerning school administrators, tenure, collective bargaining, and personnel records. (Contains 32 references.) (MLF)

This chapter provides an overview of legislation and litigation relating to reduction in force (RIF) with a focus on cases decided since 1980. State statutes continue to be the primary source of the law concerning RIF, so a table is provided for these statutes and their various provisions. These statutes include the dismissla-type, and the less…

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…

The goal of this book is to provide comprehensive and practical knowledge of relevant legal issues that affect the administration of public schools. It will allow educators to effectively perform their duties within the boundaries of constitutional, statutory, and case law. It is also designed to be easy to understand for those with little or no…

Teacher improvement programs must comply with federal and state constitutional requirements for due process, equal protection, and freedom of speech, as well as state and federal laws covering collective bargaining, civil rights, and the authority to institute improvement programs. This booklet explores these legal considerations, focusing on…

Intended as a practical legal guide for Texas educators and lawyers, this book contains three major sections dealing with several chapters on various school law topics, each prepared by Texas attorneys. Section 1, "School Boards and Superintendents," includes chapters on school board members authority and relationship with staff, the…

Shows how political campaigning and legal action won a three-year battle (beginning in 1986) for tenure by an Asian Pacific American professor, D. Nakanishi, at the University of California Los Angeles (UCLA). Describes the case's academic context, explains the legal alternatives, and analyzes the legal/political strategy adopted. (JB)

Describes to experience of one of professor D. Nakanishi's graduate students, who with others, lobbied the California State Legislature on Nakanishi's tenure denial at the University of California Los Angeles. Describes Nakanishi as a teacher and mentor and links the tenure struggle to the Asian-American community's political development. (JB)

The material included in this book--case briefs, outlines, and textbook/treatise reference information--provides a summary of the most important aspects of the law regarding education. At the heart of this body of knowledge, commonly identified as education law or school law, is statutory and case law. The book serves as a comprehensive guide to…