Teacher tenure rights, first established more than a century ago, are under unprecedented attack. Tenure--which was enacted to protect students' education and those who provide it--is under assault from coast to coast, in state legislatures, in state courtrooms, and in the media. In June 2014, in the case of "Vergara v. California," a…

Reviews a recent case that exhibits the mistakes that can be made when teachers, school boards, and administrators fail to understand that teacher tenure is not a guarantee of employment but does guarantee that procedural and statutory protections will apply in any termination process. (PGD)

Reviews rationale for firing incompetent teachers and obstacles to dismissal. Citing 13 specific court decisions, discusses subcategories of successful dismissal cases involving insubordination and neglect of duty, unprofessional behavior, immorality, and inferior classroom performance. Mentions dismissal cases that foundered due to First…

The 1985 Illinois school reform legislation revised statutes and regulations to ensure that teachers who were evaluated as substandard could be removed from their positions. Describes and discusses the decision-making problem that results when administrative error subverts the legislative intent. (MLF)

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)

Academic freedom, at institutions of higher education, is discussed in terms of questions raised about the ability of an institution to dismiss an instructor. In the first case, "Martin v. Parrish," the instructor was dismissed for using profanity in the class. The second case, "Carley v. Arizona Board of Regents," centered on the importance of…

Both the community and the teaching profession are claiming ownership of the problem of the impact of a teacher's private life on his employment status. An analysis uses a construct developed by Joseph R. Gusfield with components of ownership, causation, and political responsibility. (44 references) (MLF)

Litigation by nontenured teachers in contract nonrenewal disputes usually involves claims of violation of speech, liberty, contractual, or privacy rights. School boards should be certain that the cause for nonrenewal of a probationary teacher's contract is not in violation of a protected right. (MLF)

Discussion of academic freedom and college teacher dismissal first examines the expectations that institutions should have of faculty, traces the history of academic freedom in America, and looks at conditions that might constitute adequate cause for teacher dismissal. Examples are drawn from court litigation. Catalysts in the institutional…

The actions of Clark College in terminating, for reasons of financial exigency, two faculty members previously granted indefinite tenure are reviewed according to the AAUP statement of principles and recommended institutional regulations on academic freedom and tenure, and procedural standards, and found to be in violation. (MSE)

Contains a summary of the events leading to the firing of teacher Cissy Lacks and her successful court battle to win her job back with compensations. Presents Lacks' own reflections on censorship, discrimination, tenure, publicity, legal representation, and constitutional issues. (TB)

Explores whether using a review board to approve the use of a movie infringes on a teacher's right to academic freedom. Also examines, in the absence of such a policy, whether teachers can be disciplined for showing movies that some parents, board members, or administrators regard as inappropriate. (68 footnotes) (MLF)

The legal status of tenure rights threatened by financial exigency and the role of the American Association of University Professors in protecting those rights are considered. Accommodations of competing managerial, employee, and institutional interests that must be addressed are also discussed. Court cases are reviewed that deal with managerial…

Political repression of faculty members and the use of an archive of records to help remedy this phenomenon are discussed. The focus is the use of coercion to compel the behavior of politically dissident faculty members, particularly by the use of dismissal. The archive of records would indicate faculty members fired, not hired, or harassed for…

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)