This is an expansion and revision of the author's 1972 monograph "Substantive Legal Aspects of Teacher Discipline." The major focus is again placed on the identification and description of the present legal restrictions on teacher behavior both in and out of the classroom. The author examines statutory provisions affecting certification, contracts…

From year to year the types of disputes that courts are asked to settle regarding teachers and other school employees vary considerably. This variation may result in part from previous litigation that was directly related to teachers and presumably settled specific issues regarding them, has modified the apparent urgency of such litigation, or has…

The bulk of this chapter is devoted to three areas of contention: discrimination in employment (including discrimination on the grounds of race, sex, age, and handicapping condition), the discipline and dismissal of employees (including separate discussions of such causes as insubordination, neglect of duty, unprofessional conduct, incompetence,…

In this chapter the author notes that only one conclusion concerning the litigation covered is warranted: the extremely large number of cases dealing with employment issued continued unabated in 1980. The main areas of litigation are discrimination (primarily on the basis of race and sex); substantive constitutional rights; due process; immunity…

In this report, the author examines current statutory and case law to determine the present legal restrictions on teacher behavior both in and out of the classroom. The discussion focuses on statutory provisions for teacher discipline and teacher conduct resulting in (1) certificate suspension or revocation, (2) suspension or dismissal, (3) loss…

Chapter 2 of a book on school law, this chapter summarizes 1979 court cases concerning school employees. The author deals with cases in the areas of employment discrimination, dismissal and discipline of employees, tenure, substantive constitutional rights of employees, procedural due process for employee dismissal, immunity and liability under…

While the nature of disputes between school employees and employers remained constant in 1977, the number of cases increased to 300. This chapter discusses some of those cases including Mt. Healthy Community School District v. Doyle, a key decision on employee substantive constitutional rights. General topics covered include discrimination in…

During 1973, the broad issues characterizing the majority of court decisions concerning school employees were the constitutional and statutory rights of teachers and the relationship between these rights and the authority of the employer to act. Due process, both procedural and substantive, continues to receive extensive court consideration along…

Cases involving employment interests of teachers, administrators, and other school employees generally continue trends set in earlier years. Discrimination considerations continue to play an important role. One area in which the courts might be said to intervene somewhat more than in others is the prevention and remediation of race discrimination.…

Complete information about the Michigan Teachers' Tenure Act is presented in this 12-chapter volume. Tenure is an employment security device giving permanent status and protection against dismissal except for stated cause. An overview discusses tenure's advantages and disadvantages and legislation in Michigan that culminated in the 1964 Teachers'…

Decisions made by federal and state courts during 1983 concerning the employment, dismissal, and tenuring of the employees of public agencies--in particular, public schools--are reported in this chapter. The chapter first addresses discrimination in employment based on race, sex, age, or physical limitations and notes that the shifting burden of…

This chapter analyzes more than 200 cases reported in 1986 involving public-sector employees in elementary and secondary education. Also included, where appropriate, are relevant 1986 Supreme Court cases from outside the field of education, as well as leading cases from prior years. Legal issues covered by the review include the following: (1)…

A bibliography of 765 items which illustrates the wide range of topics that affect collective bargaining in higher education and the professions for 1981, is presented. Items are dated 1978 or later, and ERIC reference numbers are cited where appropriate. The primary focus and interest is academic collective bargaining; however, the literature on…