A review of court decisions about teacher testing programs shows that tests must be equitable and fair, must not be used to discriminate by race or sex, and that adequate notice to teachers is required. (MLF)

Discusses an unsuccessful lawsuit brought by Margaret Boring, an acclaimed high school drama teacher in Buncombe County, North Carolina. She was transferred to a middle school for allegedly violating the school's "controversial materials" policy after students performed an expurgated version of Lee Blessing's "Independence."…

Discusses a 2000 federal trial court decision upholding a Kentucky district's termination of a tenured teacher who presented a curricular segment on industrial hemp as part of a "save-the-trees" unit. The decision underscores teachers' severely limited constitutional rights in the curricular context. (MLH)

A survey of 296 Chicago educators' attitudes toward judicial decisions affecting civil rights found that (1) attitudes among educators vary considerably, and there is at least as much variation among non-Whites as among Whites; and (2) educators are more conservative than the courts on issues affecting students. (KH)

Increasingly, college faculty members accused of sexual harassment say their rights have been breached and are suing their institutions. Some observers see the trend as a backlash to new expectations about appropriate faculty behavior. Others worry that administrative definitions of harassment are too broad, and faculty due process is violated.…

The potential for wrongful discharge of an employee based on false accusations has increased. Suggests guidelines for policies and procedures of district investigations if stigmatizing accusations against an employee could ruin a career even if they are found to be false. Reviews two recent cases. Suggests possible nonjudicial remedies available…

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 University of Michigan vs. Scott Ewing case, in which a medical student who had not passed a required examination was dismissed, and the potential for legal pressure brought to writing teachers and writing programs are discussed. (MSE)

Discusses cases involving a nontenured high school coach's firing, state-mandated competency testing, and civil rights of public employees. (KS)

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…

Teachers and other public employees enjoy the same fundamental rights as other citizens. They are entitled to free speech--though the privilege is not limitless--and to due process and equal protection under the law. (Author/DCS)

Since employee salaries and fringe benefits make up the major part of school budgets, any reduction in budgets must be accomplished by reducing personnel. Concentrating on Oklahoma, but citing legal decisions in other states as well, a legal summary is presented for reduction in force when funds are unavailable to complete a school budget. As in…

Reviews factors considered by courts in judicial decisions concerning teachers involved in criminal offenses relating to alcohol and drug violations, larceny, theft, shoplifting, gambling, and manslaughter. The courts have held that when criminal conduct shows a connection between the offense and the teacher's effectiveness then cause exists for…

Surveys court decisions and constitutional challenges by homosexual teachers faced with job terminations. Provides nine guidelines for use by school officials. The primary concern of boards assessing a teacher's fitness should be the educational competence of the teacher and the possibility of actual harm to students resulting from the teacher's…