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…

Case law indicates that termination of a teacher's services because of incompetence is justified for reasons including inability to control children, poor classroom planning, and ineffective organizational ability. Courts tend to rely on the judgment of school administration in determining teacher competence when charges are specific, well…

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…

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…

Changing the program structure of a higher education institution requires careful attention to existing and developing legal rights, especially in the areas of faculty contracts, student contracts, and program-related decisions. (Author/MSE)

The goal of this book is to provide comprehensive and practical knowledge of relevant legal issues that affect the administration of public schools. It will allow educators to effectively perform their duties within the boundaries of constitutional, statutory, and case law. It is also designed to be easy to understand for those with little or no…

This paper provides legal information about the role of physical conduct in student-teacher, teacher-teacher, and administrator-teacher roles. The two legal theories that pertain to physical conduct in the schools are found in Title IX of the Education Amendment of 1972 and 42 U.S.C. (1983) for violations of due process and equal protection…

Teachers and coaches once held a special place in the hearts and minds of the American public; however, times have changed. Students are quick to question authority and parents are more willing to retain the services of an attorney to solve their problems. Elementary and secondary school physical education teachers are especially vulnerable…

This volume of seminar presentations covers a broad range of legal issues affecting public schools. The first chapter summarizes employee free speech developments since "Connick v. Myers" (1983), a United States Supreme Court decision upholding a district attorney's right to dismiss a transferred assistant for circulating a controversial…

A nationwide controversy over the right of privacy has arisen as a result of companies probing into their workers' habits and health through such means as mandatory drug tests, electronic databases, and lie detector tests. The legal claims arising from these civil suits against employers for invasion of privacy have established precedents that are…

This speech reviews the power of school boards with respect to dismissal, and identifies implications of due process for supervision and evaluation, particularly as it relates to incompetence as a basis for dismissal. The first section defines the state-sanctioned powers of a school board, including the difference between discretionary and…

The obligations of law schools, under federal law, to accommodate faculty with disabilities are examined. Employment provisions of the 1990 Americans with Disabilities Act and the Rehabilitation Act of 1973 and the definition of a disabled individual are reviewed, and real and hypothetical scenarios in hiring and employing law teachers are…

This book discusses personal safety issues of concern to teachers, offers common sense rules, and provides information about crime and violence. Chapter 1, "Recognizing the Problem," discusses characteristics of violent schools, myths about school crime, teachers' right to know, denial and under-reporting, and discovering problem sources. Chapter…

It is important that teachers and administrators have at least a rudimentary knowledge and understanding of school law and how it affects their day-to-day classroom activities, since the courts have played an increasingly significant role in defining school policy. Decisions in school desegregation, prayer, public school financing, student rights,…

The Congregation for the Doctrine of the Faith, with the explicit approval of the Pope, declared that the Reverend Charles E. Curran was neither suitable nor eligible to teach Catholic Theology at The Catholic University of America. A report by the American Association of University Professors is presented. (MLW)