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…

This article combines original interviews, secondary policy analysis, and non-ideal theory to determine the "least unjust" approach to budget-driven "Reduction in Force" teacher firings in Los Angeles. Building from the a priori claim that schools should serve children's interests, this article addresses the following…

There are two worlds that exist in the academe: a world where the tenure system remains strong and a world dominated by the absence of tenure. In this article, the author cites the differences between these two worlds. In a world where tenure remains strong, academic departments benefit from a stable, dedicated workforce composed of tenured and…

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…

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)

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)

A central issue in litigation arising from adverse employment decisions affecting school personnel is the adequacy of due process procedures. Due process is required only if a teacher is able to establish a protected property or liberty interest. The first section of this chapter accordingly discusses the circumstances under which due process is…

Within the core of the No Child Left Behind Act (NCLB) are a number of measures to hold states, school districts, schools, and school personnel more accountable for student progress. Summarizes state legislation and court cases concerning school administrators, tenure, collective bargaining, and personnel records. (Contains 32 references.) (MLF)

The American Association of University Professors may sanction five institutions for policies and practices concerning faculty criticism of church doctrine (Catholic University) or the administration (Alvernia College), tenure denial (State University of New York, Stonybrook, and New York University School of Medicine), and sex discrimination…

This information brief explains the State of Minnesota statutory provisions that affect the employment rights of K-12 public school teachers in Minnesota. It describes the required probationary period, the conditions of continuing employment for those teachers who successfully complete the probationary period, and the procedures that must be…

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…

Shows how political campaigning and legal action won a three-year battle (beginning in 1986) for tenure by an Asian Pacific American professor, D. Nakanishi, at the University of California Los Angeles (UCLA). Describes the case's academic context, explains the legal alternatives, and analyzes the legal/political strategy adopted. (JB)

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…

Describes the role of university students in professor D. Nakanishi's three-year battle for tenure at the University of California Los Angeles. Details the development and importance of a plan, outreach, and networking; and describes the campaign's connection with larger issues of justice and equal representation for Asian Pacific Americans. (JB)

The collective bargaining agreement between Utica College of Syracuse University and the Utica chapter of the American Association of University Professors (AAUP), covering the period September 1, 1987 through June 30, 1990, consists of the following articles: purpose and intent; recognition; management rights; agreement subject to applicable law;…