In 1971 the North Carolina General Assembly enacted a tenure law for the State's public school teachers and principals. Codified as G.S. 115-142, the Act became effective July 1, 1972. It requires local boards of education to adopt "reasonable rules and regulations" for the conduct of hearings on dismissing or demoting teachers and…

The peer review system for evaluating schools (the "Toledo Plan") is gaining favor among teachers in other school systems. Schools are generally reluctant to dismiss incompetent teachers because of documentation complexities, but incompetent teachers should nevertheless be weeded out. (TE)

The report of the AAUP Committee A on Academic Freedom and Tenure regarding the one-year disciplinary suspension of Professor Richard William Rosenbaum for taking four days of unauthorized leave of absence is presented. Procedural and substantive issues of the grievance procedures are reviewed. (LBH)

The sequence of events and implications of the disciplinary dismissal of three faculty members of Philander Smith College are discussed with relation to the AAUP's 1940 Statement of Principles. It is concluded that faculty rights were violated by the administration and governing board. (MSE)

The denial of tenure to and dismissal of an assistant professor at Nichols College are considered. It is concluded that he was denied due process according to the AAUP's 1940 Statement of Principles. No issue of academic freedom was raised by the decision; however, the administration's action is criticized. (MSE)

This report discusses the new Oregon fair dismissal law, and examines the role of district administrators in the procedures leading to dismissal of certificated staff. The text provides (1) pertinent excerpts from the law, (2) major points of two dismissal case studies showing subtle variables in the dismissal process, (3) suggestions regarding…

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…

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.…

This book is designed to promote legal literacy for public school teachers. It examines a wide range of constitutional, statutory, and case law that directly affects their work. Its purpose is to provide teachers with the knowledge necessary to comply with the law, assert their rights, and bring violations to the attention of administrators and…

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'…