Education policy often requires balancing the professional interests of adult employees with the educational needs and rights of students. Nearly everyone agrees, for example, that children deserve an education that prepares them for success in college and life, and that teachers should be afforded reasonable job protections. Yet these values and…

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…

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)

Tenured teaching staff member in New Jersey cannot be dismissed from their positions unless a board of education establishes just cause in a hearing before the Commissioner of Education. This pamphlet, designed to assist boards in filing dismissal proceedings for unsatisfactory tenured teachers, provides a comprehensive review of all recent tenure…

As popular support grows for improving education, the states are considering many different ways to attract better teachers into teaching and keep good teachers in the schools. Proposed reforms are being widely discussed, in national reports, state legislatures, and many other forums across the nation. Less widely discussed but also important are…

The examination of Montana's teacher tenure laws as mandated by House Joint Resolution 43, required a thorough review of the legislative development of the teacher employment laws, a summary of relevant case law on the rights of school boards and teachers, an awareness of the philosophical postures of the affected parties, and a dispassionate look…

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…

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…

This chapter addresses developments concerning faculty tenure, examines institutional responses to new pressures and the litigation by faculty over those reponses, and explores faculty and administration rights and responsibilities. Academic administrators have realized that the reappointment, tenure, and promotion processes are an opportunity to…

This chapter reviews litigation in higher education for 1986. The first section discusses the relationship between postsecondary institutions and various governmental agencies, in which litigation covers questions on the authority of boards, access to information through sunshine laws, questions of tax exempt status, and issues of accreditation.…

Complete information about the Michigan Teachers' Tenure Act is presented in this 12-chapter volume. Tenure is an employment security device giving permanent status and protection against dismissal except for stated cause. An overview discusses tenure's advantages and disadvantages and legislation in Michigan that culminated in the 1964 Teachers'…

This is the seventh in a series of Educational Research Service (ERS) monographs designed to summarize judicial decisions on elementary and secondary education issues by state and federal courts. These cases, dating from June 30, 1983 to June 30, 1984, were selected on the basis of their relevance to contemporary problems in public schools, their…

This chapter analyzes more than 200 cases reported in 1986 involving public-sector employees in elementary and secondary education. Also included, where appropriate, are relevant 1986 Supreme Court cases from outside the field of education, as well as leading cases from prior years. Legal issues covered by the review include the following: (1)…