The two recently-filed New York lawsuits claiming that teacher tenure laws violate children's constitutional right to a "sound basic education" are finally dragging the long-obscure Section 3020-a of the state's Education Law into the spotlight. This attention is badly overdue because for decades § 3020-a has impeded efforts to ensure a…

This activity is designed to be utilized in a School Law class, but is also appropriate for a class in Human Resources. Holding students and staff accountable for their actions is essential to a well run school. School principals are prepared to deal with student accountability and student discipline issues, but rarely are principals ready to deal…

The Connick vs. Myers Supreme Court decision regarding public employees' right to express themselves has been applied to public schools in two recent federal court cases. The rulings suggest school boards may discipline school employees for disputes over internal office matters but must tolerate their dissent over public matters. (DCS)

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)

Reviews court decisions since Pickering v. Board of Education and Mt. Healthy v. Doyle, and suggests guidelines for balancing teachers' claims of first-amendment protection with need for orderly school administration. Ends by summarizing lawful restrictions on criticism of administrators and notes the elements of litigants' respective burdens of…

Surveys court cases having an impact on teacher's freedom of expression. (JF)

Courts will generally support the dismissal of an employee who fails to follow the legitimate orders of his or her superior or who is so verbally abusive of his superior that the school's effectiveness is imparied. (Author)

In "Probst," the New Jersey Supreme Court permitted the Board of Education to keep a teacher off the salary schedule in the years following a one-year withheld increment. Explores the "Probst" issue and the way the Court's decision may well affect boards of education and teachers under the recent New Jersey legislation dealing…

Analyzes the recent New Jersey Supreme Court decision in "Scotch Plains" regarding binding arbitration procedures in collective bargaining agreements to settle disputes over the withholding of salary increments. Discusses the events leading up to the case and comments on possible future directions for such cases. (54 footnotes) (MLF)

This is an expansion and revision of the author's 1972 monograph "Substantive Legal Aspects of Teacher Discipline." The major focus is again placed on the identification and description of the present legal restrictions on teacher behavior both in and out of the classroom. The author examines statutory provisions affecting certification, contracts…

Local boards of education in New Jersey are authorized by law to withhold increments of staff members in certain circumstances. The purpose of this publication is to provide an analysis and summary of decisions involving a board's exercise of this authority, and it is intended to serve as a guide and a reference tool to be used in determining when…

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…

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…

One hundred twenty-five Chicago (Illinois) area elementary and secondary school teachers were surveyed through responses to a 44-item questionnaire to determine the extent of their knowledge of school law. Many of the questions were based on Illinois school law, and the findings are qualified by local school district practice and the…

School board members from 50 states have in common the United States Constitution and the legal principles announced by the federal courts in response to that Constitution. New board members are usually concerned with the rights of teachers, parents, and students. Starting with student rights, student conduct that involves freedom of expression…