The relationship between the principal and the law has never been easy to define. This book provides basic information on the current status of law, risk, and site-based management as they relate to the legal rights and responsibilities of principals. Twenty-one chapters are included in five sections. The first section discusses the school and the…

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 survey and analysis of various fairness issues related to teacher evaluation and the pursuant legal challenges to placement on the Texas Teacher Career Ladder by the use of a statewide teacher appraisal system are presented in this report. Analysis of legal trends in Texas indicates that strict compliance has been required in situations where…

From a legal perspective, teacher evaluations can be a school's most valuable tool when administrators need to pursue or defend personnel actions. The first step in a practical evaluation process is to determine the evaluation's purpose, and the second is to determine what is to be evaluated. Evaluations should focus on factors that actually…

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…

Black teachers lost employment ground while White teachers gained employment ground in Kentucky's public schools between 1953-54 and 1983-84. The number of Black teachers rose by 181 while the number of White teachers rose by 13,672, an average net increase of one Black teacher for every 76 White teachers. The percentage of Black teachers declined…

Courts generally rule against drug testing of public employees. A urine sample represents "unreasonable search" under the Fourth Amendment. Testing unreliability was illustrated in "Jones v. McKenzie." Factual, "reasonable suspicion" must exist for judicial approval. Tests do not resolve employee drug abuse;…

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

This article investigates the uncertain history of academic freedom in public schools, from the viewpoint of the courts' understanding and related commentaries. Also considered is the magnitude of teachers' classroom discretion, and whether courts are likely to treat content and pedagogical conflicts differently. (IAH)

An analysis of policy documents from six national organizations that promote intellectual and academic freedom for teachers and students supports the need for school systems to develop and articulate guidelines for addressing challenges to instructional methods and materials used in the schools. Recommended actions are discussed. (SM)

The author discusses what he considers to be the 10 leading cases on education labor relations decided in state and federal courts during the 1990s. Concludes with a prediction that efforts to implement merit-pay schemes tied to student performance will lead to employment conflict. (PKP)

The paper presents a history of the 1966 United Nations Educational, Scientific, and Cultural Organisation (UNESCO)/International Labour Organisation (ILO) recommendation concerning the status of teachers. It spans the years 1945-1966, explaining how the recommendation evolved into the present text designed to improve teacher status and working…

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…