Considers school choice and employment policies. Suggests that American educators can learn a great deal from other Western nations, which have long made educational freedom a cornerstone of their policies. Concludes that the experience of other Western democracies suggests that a publicly funded school can appropriately ensure the coherence of…

The Americans with Disabilities Act (ADA) and Family and Medical Leave Act (FMLA) are two major pieces of social legislation that impact private and public employers, including school districts. Public school employers must have thorough awareness of the legal requirements of both laws and must analyze the ways in which those requirements…

This document describes the legal requirements for certificate suspension and revocation of North Carolina public-school teachers. Associated with its ability to administer teacher certification in the state, the State Board of Education also has the authority to suspend or revoke certificates. A question-and-answer section addresses issues of…

The practitioner advising a school board in connection with a reduction in force can appreciate that the board has great flexibility in implementing its decision. As long as the board's actions are not arbitrary, capricious, or pretextual, and they afford minimal due process protections to tenured teachers, the board's decisions will withstand…

This document examines the legal requirements for the reduction in force (RIF) of North Carolina Department of Public Instruction employees, with a focus on certified (instructional) staff. A question-and-answer section discusses areas of concern to administrators about the reduction-in-force process. North Carolina State law relating to the RIF…

This document addresses legal requirements for and issues in the nonrenewal of probationary teachers in North Carolina. The interpretive analysis section points out that in order to protect itself against a charge of nonrenewal based on prohibited reasons, the school board must develop a written record that documents factors for its decision. A…

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…

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 information brief explains the State of Minnesota statutory provisions that affect the employment rights of K-12 public school teachers in Minnesota. It describes the required probationary period, the conditions of continuing employment for those teachers who successfully complete the probationary period, and the procedures that must be…

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…

This work provides sample letters, charts, timelines, and checklists, to help principals adequately prepare for possible teacher dismissal. Chapter 1, "Describing the Marginal Teacher," lists traits common to marginal teachers. Chapter 2, "Establishing the Teacher Evaluation Process," presents a monthly timeline for assessing…

A bill was introduced in the Colorado House of Representatives dealing with provisions for a written employment performance evaluation requirement in conjunction with a teacher dismissal provision based on performance evaluation. This paper reviews the major evaluation concepts introduced into the legislative process (which were based on the…

The termination of unsatisfactory school employees is an ubiquitous and often expensive legal problem for school districts. This monograph was designed to help school attorneys and administrators in handling the termination process as fairly and efficiently as possible. The monograph begins with articles on documentation, evaluation, and…

This publication consists of papers delivered at a 1986 preconference workshop of the Canadian Education Association. "Recent Legislation and Emerging Trends," by Duncan Green, identifies common themes in three recent pieces of school legislation in Ontario. The second paper, by Judith Anderson, assesses "Trends and Implications for…

The laws affecting education in the United States today can generally be classified according to four categories: (1) Constitutional law (both state and federal); (2) statutes and regulations; (3) common law principles; and (4) contract law. Students and teachers in private schools are not protected by federal Constitutional law because they are…