In the positive theory of public bureaucracy, the prevailing view is that the structure of public agencies is designed from the top down by political superiors. Faced with bureaucrats who may disagree with them on policy and who are advantaged by private information, superiors choose rules and procedures to try to ensure that agencies do what they…

This bibliography of 886 citations is an annual accounting of the literature on collective bargaining in higher education and the professions for 1993. The research design and methodology used in the preparation of this volume relied on computer searches of various data bases, as well as manual retrieval of citations not available on data bases.…

The paper presents a history of the 1966 United Nations Educational, Scientific, and Cultural Organisation (UNESCO)/International Labour Organisation (ILO) recommendation concerning the status of teachers. It spans the years 1945-1966, explaining how the recommendation evolved into the present text designed to improve teacher status and working…

The newsletter issue provides a legal analysis of National Labor Relations Board versus Yeshiva University, a case which limited the right of faculty to bargain collectively under the protections of state statutes. Related cases are noted concerning: (1) Wichita State University in Kansas (which rejected the Yeshiva doctrine); (2) University of…

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…

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…

In view of the dramatic increase in the numbers of laws and lawsuits since the 1960s, teachers must become aware of the privacy considerations and potential legal problems that may arise when writing a letter of recommendation or giving a verbal reference. They should become familiar with present common law doctrine and recent legislation…

Defines and gives examples of remediation as a process prior to dismissal proceedings, in which a teacher is evaluated by administrators, who identify deficiencies and provide the teacher an opportunity to correct them. Identifies what constitutes remediable conduct, how requirements for remediation are imposed, and how courts review dismissal…

Discusses the effects on teacher salaries and employment practices of several Canadian provinces' cost-cutting measures; emphasizes British Columbia's "Public Restraint Act" and public employees' response to it. (MCG)

Discusses five areas of the school environment lending themselves to the possibility of teacher and student teacher liability: negligence, malpractice, rights to privacy, field trips, and search of students and school property. Suggests specific guidelines for decreasing the possibility of adverse legal action. (NEC)

This document provides a history of the relationship between higher education faculty and the American Federation of Teachers (AFT). Highlights include the first AFT higher education local formed in 1918, the role played by the union in the expansion of the G.I. Bill following World War II, increased activism in the 1950s and 1960s to win…

Provides a brief quiz to test one's understanding of academic freedom. Reviews several court cases on teachers and academic freedom, highlighting the actions of the school, and outcomes of the cases. Includes suggestions for teachers for examining controversial issues in the classroom while accounting for the needs of all involved. (CMK)

A discussion of legal aspects of college faculty efforts to profit from their research activities considers whether judicially acknowledged distinctions between faculty's academic and personal pursuits will apply in such cases of commercialization. Implications for increased regulation of core institutional and faculty activities are examined.…

Discusses censorship in public schools, noting how parents can help protect academic freedom. School districts must develop a policy for selection of instructional materials, and parents must be meaningfully involved in the selection. The public school's role in assuring a balanced curriculum with a free exchange of ideas is examined. (SM)

A study sought to clarify the meaning and use of "academic freedom" in public higher education through a survey of administrators, department heads, and college faculty in Georgia public institutions of higher education. It is felt that clarification of the term should reduce potential for conflict in faculty and institutional rights and…