This paper presents examples of judicial reasoning in conflicts involving governing board bias and the power to decide in higher education and in various public school settings. Two cases, "Simard v. Board of Education" and "Hortonville Joint School District No. 1 v. Hortonville Education Association," provide the general…

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…

This work provides sample letters, charts, timelines, and checklists, to help principals adequately prepare for possible teacher dismissal. Chapter 1, "Describing the Marginal Teacher," lists traits common to marginal teachers. Chapter 2, "Establishing the Teacher Evaluation Process," presents a monthly timeline for assessing…

Statutory and case law since 1953 have created a firm basis for personnel policy in Mississippi public school districts. House Bill No. 11 (1953) prescribed methods for the selection and employment of professional staff and conditions for their suspension and dismissal, establishing rights of proper notice and due process. Standards for…

One of the most frequent problems confronting employers is the need to investigate allegations of or suspicions that an employee has been involved in misconduct and take appropriate action when the evidence substantiates the wrongdoing. School district employers are no exception. Respect and trust in the school working environment are achieved by…

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)

Teachers with tenure possess certain privileges. For instance, they are permitted a hearing before the school board when they are threatened with dismissal. The failure of tenured teachers to maintain standards must be proved by the administration. In the case of probationary teachers, the school board has almost unlimited power to renew or not to…

Discusses the differing legal issues involved when a teacher-coach wishes to retain a coaching assignment, in contrast to one who desires to relinquish it. Case law shows that the coaching position has no tenure and teacher-coaches can lose their teaching position when they request relief from coaching. (MLF)

Disagreements over teachers' First Amendment, academic-freedom rights in curricular contexts are again receiving judicial attention. Two federal cases involving termination of exemplary high-school drama and creative-writing teachers have upheld school boards' authority to control curriculum context in disagreements over permissable subject matter…

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…

In problems pertaining to faculty dismissal, public higher education institutions are subject to both constitutional and contractual constraints, whereas private schools are subject almost solely to self-imposed contractual limitations. In public institutions, teachers alleging termination for protected free speech bear the burden of establishing…

A bill was introduced in the Colorado House of Representatives dealing with provisions for a written employment performance evaluation requirement in conjunction with a teacher dismissal provision based on performance evaluation. This paper reviews the major evaluation concepts introduced into the legislative process (which were based on the…

America's legal-educational history is filled with scores of cases of alleged radical teachers who have been legally excluded or removed from public school positions. Only a few of these cases have involved the First Amendment issue of inclass utterances by radicals. Such cases are significant because they highlight the established society's…

The dismissal of public school teachers in Oregon is governed by the Fair Dismissal Law. The statutory requirements of the law involve (1) a notice from the superintendent of intent to dismiss, (2) school board approval of dismissal, (3) the teacher's right to appeal to the Fair Dismissal Appeals Board (FDAB), and (4) the school board's and…

The termination of unsatisfactory school employees is an ubiquitous and often expensive legal problem for school districts. This monograph was designed to help school attorneys and administrators in handling the termination process as fairly and efficiently as possible. The monograph begins with articles on documentation, evaluation, and…