Teachers have the same rights as others, under the first amendment, to express their views outside the classroom. Inside the classroom, however, the teacher is obliged to meet the expectations of the job, and this implies reasonable restrictions on the expression of private views. United States Supreme Court cases have reviewed the teacher's right…

The bulk of this chapter is devoted to three areas of contention: discrimination in employment (including discrimination on the grounds of race, sex, age, and handicapping condition), the discipline and dismissal of employees (including separate discussions of such causes as insubordination, neglect of duty, unprofessional conduct, incompetence,…

This article defines psychological abuse of students in school settings and describes legal aspects of the problem, particularly with respect to possible action in negligence. The following four categories of psychological abuse are examined: verbal abuse, refusal to communicate, physical acts (and sexual abuse) that cause psychological damage,…

School board members from 50 states have in common the United States Constitution and the legal principles announced by the federal courts in response to that Constitution. New board members are usually concerned with the rights of teachers, parents, and students. Starting with student rights, student conduct that involves freedom of expression…

In this chapter the author notes that only one conclusion concerning the litigation covered is warranted: the extremely large number of cases dealing with employment issued continued unabated in 1980. The main areas of litigation are discrimination (primarily on the basis of race and sex); substantive constitutional rights; due process; immunity…

Eight issues of grievance arbitration in education were chosen for detailed examination in this paper: procedure, budgets, discrimination, leave, extra duty, evaluation, discipline, and assignments and transfers. In addition, the authors identified four types of grievants, including individuals, class or group litigants, school districts, and…

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…

This monograph offers practical suggestions on how to develop and implement an effective and legally viable system of teacher evaluation. Part 1, "The Legal Arena," discusses current trends in school employee litigation, suggesting that an effective evaluation process can be one of the greatest deterrents to successful employee first amendment…

Collective bargaining is the process of negotiating and administering a contract agreement between a union and the employing organization. Although the specific provisions of collective bargaining agreements vary from one school to another, the collective bargaining process, and negotiated contract generally, address the following issues:…

Due process has become an important principle in higher education as a result of many new legal issues, including dismissals of students from campus, firings of staff members, faculty tenure and promotion, sexual harassment, discrimination, and substance abuse. This volume defines due process; explains when due process procedures are required;…

This guide is intended to acquaint administrators and teachers with legal requirements for staff evaluation and recent changes in Oklahoma teacher dismissal law. A State Board of Education policy statement and a glossary of legal terms follow the statutory description and explication of the intent of Senate Bill No. 249 and Senate Bill No. 308.…

Chapter 2 of a book on school law, this chapter summarizes 1979 court cases concerning school employees. The author deals with cases in the areas of employment discrimination, dismissal and discipline of employees, tenure, substantive constitutional rights of employees, procedural due process for employee dismissal, immunity and liability under…

This report details the work done in two New Jersey school districts to reduce the frequency and magnitude of professional illness absence. It deals with the circumstances of this improvement as well as with the philosophy and the new methods and procedures adopted and followed. The history of the state sick leave policy is traced from 1895 to the…

This book focuses on how school administrators deal with the problem of teacher incompetence. Data were derived from three research studies conducted in California: interviews with 30 school administrators; a mailed survey of 141 school district superintendents; and a case study of a school district with a relatively high rate of induced teacher…

This is the report of a study that examined the relationship between the New York City school system and the external (social and political) environment of which the school system is a part. The study had two purposes: first, to determine the impact that external constituents of the school system have on internal policymaking and implementation;…