Discussion of academic freedom and college teacher dismissal first examines the expectations that institutions should have of faculty, traces the history of academic freedom in America, and looks at conditions that might constitute adequate cause for teacher dismissal. Examples are drawn from court litigation. Catalysts in the institutional…

The potential for wrongful discharge of an employee based on false accusations has increased. Suggests guidelines for policies and procedures of district investigations if stigmatizing accusations against an employee could ruin a career even if they are found to be false. Reviews two recent cases. Suggests possible nonjudicial remedies available…

Describes state and federal court cases involving prohibited teacher conduct, including immorality; termination for immoral conduct, especially involving students, related to job performance; and termination for immoral conduct unrelated to job performance. Discusses the need to find a "nexus" between the teacher's conduct outside the…

Teachers' rights to engage in religious activities may not be as extensive as students' rights. Students may participate in religious clubs on school premises so long as the school permits other noncurricular, student-initiated clubs to meet during noninstructional time. Courts' confusing forum analysis complicates the picture. (Contains 22…

Using the theories of John Stuart Mill and Karl Marx, this article supports the educational entitlements of intellectual freedom and economic sufficiency. Explores these issues in reference to their implications for teaching, the teaching profession and its training. Concludes that ideas cannot be controlled by the interests of the dominant class.…

Case citations from federal and state court decisions concerning freedom of speech in schools are organized in five major sections with brief summaries of relevant cases in subcategories followed by a table of cases cited. The major sections are as follows: (1) "Employees' Freedom of Expression: Academic Issues" (Virginia Davis Nordin);…

The relationship between the principal and the law has never been easy to define. This book provides basic information on the current status of law, risk, and site-based management as they relate to the legal rights and responsibilities of principals. Twenty-one chapters are included in five sections. The first section discusses the school and the…

This document examines the legal requirements for the reduction in force (RIF) of North Carolina Department of Public Instruction employees, with a focus on certified (instructional) staff. A question-and-answer section discusses areas of concern to administrators about the reduction-in-force process. North Carolina State law relating to the RIF…

This document addresses legal requirements for and issues in the nonrenewal of probationary teachers in North Carolina. The interpretive analysis section points out that in order to protect itself against a charge of nonrenewal based on prohibited reasons, the school board must develop a written record that documents factors for its decision. A…

This brief report summarizes a longer document with the same title in the ASHE-ERIC Higher Education Report series. Academic freedom provides the foundation for faculty scholarship and teaching, making it possible for educators to exchange ideas and concepts freely in the classroom, to explore and disseminate new knowledge, and to speak out both…

This report synthesizes the literature and applicable case law concerning academic freedom in higher education and addresses the following issues: (1) popular notions concerning academic freedom; (2) whether academic freedom is a legal right; (3) whether faculty at private institutions have the same rights as faculty in public schools; and (4)…

With declining enrollments projected for the next decade and program discontinuance and retrenchment already a reality at many campuses, the retraining of tenured faculty to teach in a new discipline has been a critical issue for both faculty and administrators. The American Association of University Professors (AAUP) and the courts offer…

A survey and analysis of various fairness issues related to teacher evaluation and the pursuant legal challenges to placement on the Texas Teacher Career Ladder by the use of a statewide teacher appraisal system are presented in this report. Analysis of legal trends in Texas indicates that strict compliance has been required in situations where…

From a legal perspective, teacher evaluations can be a school's most valuable tool when administrators need to pursue or defend personnel actions. The first step in a practical evaluation process is to determine the evaluation's purpose, and the second is to determine what is to be evaluated. Evaluations should focus on factors that actually…

This report addresses the unionization of part-time (or adjunct) faculty and sets forth certain demographic data pertaining to them. Included are sections from national faculty organizations' status reports on part-time faculty. The first part of the report lists factors contributing to the growth of adjunct faculty collective bargaining. Tables…