Between 2011 and 2013 lawmakers in every state proposed, and often enacted, laws intended to impact codified state provisions related to teachers and teachers' unions (author calculation). These new laws either worked against union interests (e.g., by prohibiting collective bargaining) or they aligned with union positions (e.g. by providing…

One may ask, "What is tenure today with its fuzzy parameters?" Is it a property right that a faculty member may earn and "hold" to retain employment? To understand the issue, educators must first understand what they are tenured to. Since the tenure process emanates from a department, are they tenured to a department or to a…

Academic freedom, collegiality, and tenure are addressed with focus on how collective bargaining affects them. This material is intended to give college and university attorneys a feel for the challenges and problems that collective bargaining has brought to academia. Three sections look at the following: (1) academic freedom (what it is, academic…

The relationship between faculty union mandatory membership provisions in a collective bargaining agreement and the rights of faculty protected by tenure and academic freedom are examined, and college options and considerations in negotiating contracts under collective bargaining laws are discussed. (MSE)

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…

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…

The contracts at four-year colleges with a 10-year history of collective bargaining from 1975 to 1985 were analyzed to determine whether the contracts negotiated in 1975 differed from those negotiated in 1985 in the following areas: appointment, promotion, tenure, termination for cause, retrenchment, class size, number of preparations, schedule of…

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.…

Higher education case law in 1990 is discussed in this chapter under nine major topics: (1) intergovernmental relations; (2) discrimination in employment; (3) faculty employment; (4) administrators and staff; (5) students; (6) liability; (7) antitrust; (8) patents; and (9) estates and wills. Questions of the authority of federal, state, and local…

Themes in 1989 higher education case law reflect the difficulty in reducing the federal deficit, increased service demands on state budgets, and an economic condition of marginal growth. The interpretation of constitutional rights in relationships between the institution and students, employees, and communities continues to be heavily litigated.…

The higher education case law in 1988 is extensive. Cases discussed in this chapter are organized under five major topics: (1) intergovernmental relations; (2) employees, involving discrimination claims, tenured and nontenured faculty, collective bargaining, and denial of employee benefits; (3) students, involving admissions, financial aid, First…

Litigation in 1987 was very brisk with an increase in the number of higher education cases reviewed. Cases discussed in this chapter are organized under four major topics: (1) intergovernmental relations; (2) employees, involving discrimination claims, tenured and nontenured faculty, collective bargaining and denial of employee benefits; (3)…

The collective bargaining agreement between the Rhode Island Board of Governors and the University of Rhode Island Chapter of the American Association of University Professors covering the period of 1987-1990 is presented. The university is defined as the administration of the University of Rhode Island, including the president and other…

This book is about teachers and the laws that affect them. New to this sixth edition are new court cases and a chapter that highlights likely controversies in the coming years, including school choice, high-stakes testing, control of the Internet, and gang clothing. The book is divided into two parts. Part I, "The Legal Aspects of Teaching,"…