The two recently-filed New York lawsuits claiming that teacher tenure laws violate children's constitutional right to a "sound basic education" are finally dragging the long-obscure Section 3020-a of the state's Education Law into the spotlight. This attention is badly overdue because for decades § 3020-a has impeded efforts to ensure 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)

This is an expansion and revision of the author's 1972 monograph "Substantive Legal Aspects of Teacher Discipline." The major focus is again placed on the identification and description of the present legal restrictions on teacher behavior both in and out of the classroom. The author examines statutory provisions affecting certification, contracts…

From year to year the types of disputes that courts are asked to settle regarding teachers and other school employees vary considerably. This variation may result in part from previous litigation that was directly related to teachers and presumably settled specific issues regarding them, has modified the apparent urgency of such litigation, or has…

One hundred twenty-five Chicago (Illinois) area elementary and secondary school teachers were surveyed through responses to a 44-item questionnaire to determine the extent of their knowledge of school law. Many of the questions were based on Illinois school law, and the findings are qualified by local school district practice and the…

In this report, the author examines current statutory and case law to determine the present legal restrictions on teacher behavior both in and out of the classroom. The discussion focuses on statutory provisions for teacher discipline and teacher conduct resulting in (1) certificate suspension or revocation, (2) suspension or dismissal, (3) loss…

During 1973, the broad issues characterizing the majority of court decisions concerning school employees were the constitutional and statutory rights of teachers and the relationship between these rights and the authority of the employer to act. Due process, both procedural and substantive, continues to receive extensive court consideration along…

This book is designed to promote legal literacy for public school teachers. It examines a wide range of constitutional, statutory, and case law that directly affects their work. Its purpose is to provide teachers with the knowledge necessary to comply with the law, assert their rights, and bring violations to the attention of administrators and…

Decisions made by federal and state courts during 1983 concerning the employment, dismissal, and tenuring of the employees of public agencies--in particular, public schools--are reported in this chapter. The chapter first addresses discrimination in employment based on race, sex, age, or physical limitations and notes that the shifting burden of…

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)…