The focus of this chapter is on the substantive constitutional protections of the public school employment relationship guaranteed by the First Amendment, particularly freedom of speech, and by the Fourteenth Amendment's right to privacy. Included are burden-of-proof standards required for establishing a prima facie case of denial of these…

This document was prepared to inform teachers about their academic freedom rights and to assist teachers who are confronted with a potential academic freedom issue. It provides (1) an essay which outlines the issues, (2) a list of significant decisions of the U.S. Courts of Appeals and their implications, (3) steps to follow when academic freedom…

Section 1983 of the Civil Rights Act, providing for legal action to redress deprivation of constitutional rights by agencies of the state, has become a popular medium for remediation of alleged substantive and procedural wrongs by school officials. The success of Section 1983 actions against public schools has led to attempts to extend such…

As schools move from corporate to collegial forms of organization, it will become necessary to adapt evaluation systems to collegial environments. This paper outlines a system that utilizes features of professional self-regulation from higher education while maintaining dispute resolution mechanisms from the public sector. Features of the system…

The government is a special employer that operates under the guidelines of the United States Constitution. Under these guidelines, government may not, without adequate justification, (1) deprive its citizens of fundamental, protected rights such as the freedoms of speech and association; (2) deprive a citizen of property or liberty without the due…

Court litigation and decisions concerning the conflict between first amendment rights of free speech for United States citizens and the rights of controversial international figures, invited by college faculty to speak on campus, are discussed and compared. (MSE)

Changing the program structure of a higher education institution requires careful attention to existing and developing legal rights, especially in the areas of faculty contracts, student contracts, and program-related decisions. (Author/MSE)

This third volume in the series provides a systematic description of the situation of teachers and trainers in vocational education and training (VET) in five European countries: Austria, Belgium, Hellas/Greece, Luxembourg, and the Netherlands. Each country report begins with an outline of the national context--the country's geographical features…

This fourth volume in the series provides a systematic description of the situation of teachers and trainers in vocational education and training (VET) in five European countries: Denmark, Finland, Iceland, Norway, and Sweden. Each country report begins with an outline of the national context--the country's geographical features and the…

Examines two related issues: the right of teachers to select instructional materials and to select instructional methods. Court decisions indicate that materials and methods must have educational value, relevance, and suitability to the age and maturity of the students. Prior administrative approval, while not necessarily required, is beneficial.…

Addresses the legal tension between a teacher's right to privacy and a school board's right to demand exemplary conduct by teachers in and out of school. Concludes with a summary and two flow charts that illustrate the legal analysis that most courts follow when examining these issues. (MLF)

New Mexico State University addressed the trend toward employing non-tenure-track faculty (NTTs) by capping the proportion of NTTs; acceptance of a two-tiered faculty with differentiated responsibilities; extension of professional rights to NTTs; full and regular NTT evaluation, participation in merit pay, and promotion opportunities; and…

Educational supervision has historically sought to improve the quality of teaching. This book is a text for undergraduate and graduate students who are engaged in the study of issues in educational supervision; it is a compendium of informed commentaries on current issues written by prominent scholars in the field. The first part (12 chapters)…

This paper is part of a series of studies designed to ascertain what policies and practices, if any, are currently in effect regarding rights and privileges connected with retirement in higher education. This study sought information about the perquisites furnished to retired higher education faculty in the Commonwealth of Pennsylvania through a…

Teachers with tenure possess certain privileges. For instance, they are permitted a hearing before the school board when they are threatened with dismissal. The failure of tenured teachers to maintain standards must be proved by the administration. In the case of probationary teachers, the school board has almost unlimited power to renew or not to…