This paper explores the implications for democratic policy making and school governance of collective bargaining with teachers. Based on a case study of the 1992 Teachers Strike in Detroit, Michigan, the research examines the relationships among actors involved in the strike and in its settlement. Findings of this research suggest that the strike…

The purpose of this book is to answer questions regarding Illinois statutes, case law, and an administrative rules in force as of January 1, 1998. The book is designed for the lay men and women serving on school boards and in other official capacities, but it also answers legal questions commonly raised by teachers, parents, students, and others…

Statutory and case law since 1953 have created a firm basis for personnel policy in Mississippi public school districts. House Bill No. 11 (1953) prescribed methods for the selection and employment of professional staff and conditions for their suspension and dismissal, establishing rights of proper notice and due process. Standards for…

One of the most frequent problems confronting employers is the need to investigate allegations of or suspicions that an employee has been involved in misconduct and take appropriate action when the evidence substantiates the wrongdoing. School district employers are no exception. Respect and trust in the school working environment are achieved by…

The focus of this chapter is on the substantive constitutional protections of the public school employment relationship guaranteed by the First Amendment, particularly freedom of speech, and by the Fourteenth Amendment's right to privacy. Included are burden-of-proof standards required for establishing a prima facie case of denial of these…

This document was prepared to inform teachers about their academic freedom rights and to assist teachers who are confronted with a potential academic freedom issue. It provides (1) an essay which outlines the issues, (2) a list of significant decisions of the U.S. Courts of Appeals and their implications, (3) steps to follow when academic freedom…

Section 1983 of the Civil Rights Act, providing for legal action to redress deprivation of constitutional rights by agencies of the state, has become a popular medium for remediation of alleged substantive and procedural wrongs by school officials. The success of Section 1983 actions against public schools has led to attempts to extend such…

As schools move from corporate to collegial forms of organization, it will become necessary to adapt evaluation systems to collegial environments. This paper outlines a system that utilizes features of professional self-regulation from higher education while maintaining dispute resolution mechanisms from the public sector. Features of the system…

The government is a special employer that operates under the guidelines of the United States Constitution. Under these guidelines, government may not, without adequate justification, (1) deprive its citizens of fundamental, protected rights such as the freedoms of speech and association; (2) deprive a citizen of property or liberty without the due…

Examines two related issues: the right of teachers to select instructional materials and to select instructional methods. Court decisions indicate that materials and methods must have educational value, relevance, and suitability to the age and maturity of the students. Prior administrative approval, while not necessarily required, is beneficial.…

Addresses the legal tension between a teacher's right to privacy and a school board's right to demand exemplary conduct by teachers in and out of school. Concludes with a summary and two flow charts that illustrate the legal analysis that most courts follow when examining these issues. (MLF)

Educational supervision has historically sought to improve the quality of teaching. This book is a text for undergraduate and graduate students who are engaged in the study of issues in educational supervision; it is a compendium of informed commentaries on current issues written by prominent scholars in the field. The first part (12 chapters)…

Teachers with tenure possess certain privileges. For instance, they are permitted a hearing before the school board when they are threatened with dismissal. The failure of tenured teachers to maintain standards must be proved by the administration. In the case of probationary teachers, the school board has almost unlimited power to renew or not to…

Use of nationally standardized tests to determine teacher competency continues to be a subject for review in state and federal courts. School district policies have promoted minimum score requirements as a basis for employment decisions concerning certification, hiring, renewal, promotion, and merit pay. Legal challenges to these policies focus…

Presents a discussion of the legal context of evaluation systems upon which merit pay programs are based. Following the discussion of the law, a model merit pay program is presented. (MLF)