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 Interim Committee on Teacher Evaluation and Dismissal was established by (Colorado) Senate Joint Resolution 97-14 to study the state's teacher evaluation and dismissal laws and explore alternatives. The committee was directed to study the relationship between education reform and employment protections for teachers; the effectiveness of adding…

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)

Due process hearings should not threaten principals who have performed their teacher evaluation duties well and can demonstrate (1) the persistent nature of the teacher's difficulties; (2) repeated warnings; (3) frequent assistance; (4) adequate time and opportunity to improve; (5) close supervision; and (6) the teacher's involvement in a normal…

Discusses seven court cases that have helped clarify teachers' privacy rights and the limitations on those rights. (MLF)

Dismissing a teacher for insubordination is usually acceptable to the courts when the teacher willfully defies reasonable and specific regulations and orders despite repeated and clear directives that such behavior must cease. (PGD)

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)

Administrators must understand the type of evidence called for in a teacher dismissal hearing and set up procedures for gathering the evidence. Offers guidelines on the following sources of evidence: (1) school records; (2) evaluations; (3) recordings; (4) eyewitness accounts; (5) photographs; (6) policies and rules; and (7) direct testimony. (MLF)

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…

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…

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)

The 11th Circuit Court upheld a Georgia district's termination of an exemplary teacher who refused an immediate drug test after a police dog sniffed out a marijuana cigarette in her unlocked car. This case illustrates application of zero-tolerance policies to teachers and other personnel despite employees' signed contracts. (MLH)

The effects of McCarthyism on U.S. colleges are considered, with a focus on the response of administrators and faculty members to the anti-Communist furor of the 1940s and 1950s. Perspectives on McCarthyism as a political process are offered, along with an explanation of how it gained so much power. McCarthyism is seen as having two stages: the…

This paper 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. The watershed case in the area of a teacher's right to a private life appears to be "Morrison v. Board of Education" (California 1969), which identified factors that a board may…

This document describes the legal requirements for certificate suspension and revocation of North Carolina public-school teachers. Associated with its ability to administer teacher certification in the state, the State Board of Education also has the authority to suspend or revoke certificates. A question-and-answer section addresses issues of…