Education policy often requires balancing the professional interests of adult employees with the educational needs and rights of students. Nearly everyone agrees, for example, that children deserve an education that prepares them for success in college and life, and that teachers should be afforded reasonable job protections. Yet these values and…

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…

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)

Describes how a language professor who was denied tenure now specializes in helping academics challenge their colleges. (EV)

This chapter provides an overview of academic freedom and tenure as applied to the community college.

Academic freedom, collegiality, and tenure are addressed with focus on how collective bargaining affects them. This material is intended to give college and university attorneys a feel for the challenges and problems that collective bargaining has brought to academia. Three sections look at the following: (1) academic freedom (what it is, academic…

In Canada, a teacher is deemed to have tenure after serving a probationary period which varies from one province or territory to another. This chapter explains Canadian law as it relates to the termination of teacher contracts. The Canadian court structure and the means of challenging termination decisions are explained. Technical, procedural, and…

The relationship between faculty union mandatory membership provisions in a collective bargaining agreement and the rights of faculty protected by tenure and academic freedom are examined, and college options and considerations in negotiating contracts under collective bargaining laws are discussed. (MSE)

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 central issue in litigation arising from adverse employment decisions affecting school personnel is the adequacy of due process procedures. Due process is required only if a teacher is able to establish a protected property or liberty interest. The first section of this chapter accordingly discusses the circumstances under which due process is…

Defines and gives examples of remediation as a process prior to dismissal proceedings, in which a teacher is evaluated by administrators, who identify deficiencies and provide the teacher an opportunity to correct them. Identifies what constitutes remediable conduct, how requirements for remediation are imposed, and how courts review dismissal…

Analysis of a Supreme Court case, in which university use of academic freedom as a basis for protecting confidential peer-review documents was rejected, explores the general development and this application of academic freedom doctrine. Individual academic freedom is distinguished from institutional autonomy in protection of the free exchange of…

Contains a summary of the events leading to the firing of teacher Cissy Lacks and her successful court battle to win her job back with compensations. Presents Lacks' own reflections on censorship, discrimination, tenure, publicity, legal representation, and constitutional issues. (TB)

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)

An overview is provided of the issues, procedures, and prevailing judicial rationale for faculty tenure decisions in the state of Washington. All legal cases decided in Washington and cases from other jurisdictions that have had an impact on Washington law are summarized in this digest. Each case summary consists of an introduction of issues…