This report discusses the new Oregon fair dismissal law, and examines the role of district administrators in the procedures leading to dismissal of certificated staff. The text provides (1) pertinent excerpts from the law, (2) major points of two dismissal case studies showing subtle variables in the dismissal process, (3) suggestions regarding…

Forty-five principals were interviewed concerning their experiences with and perceptions about serious incidents of teacher misconduct. The principals protected the image of the school by heading off, dampening, and containing the incidents. They preferred to resolve incidents in-house, but resorted to formal sanctions when necessary. (Author/DC)

Report of a study of the appointment of acting heads (principals) in 24 Scottish school districts, which explored their effectiveness and reasons for being appointed. Offers suggestions for creating a pool of potential heads to take advantage of opportunities for personal, professional, and school development. (Contains 23 references.) (WFA)

Recent court definitions of immoral conduct require that employers establish a nexus between the objectionable conduct and the individual's fitness to teach, while teacher plaintiffs have argued that dismissals for alleged immoral conduct violated various constitutional rights. This paper reviews a cross-section of recent court cases involving…

The most litigated issues involving teachers are the control of conduct of teachers and other employees. The disciplinary measures available are typically expressed or implied in state statutes. These normally include suspension, transfer, nonrenewal of contract, and discharge. The superintendent or board may be empowered to recommend the…

After suggesting that excessive teacher absenteeism is a growing problem, this paper summarizes research studies investigating teacher absences and makes recommendations based on the findings. The studies correlated teacher absences with a number of variables, including contractual (salary, benefits, and leaves), procedural (absence policy),…

A code of ethics must legitimate the interests of academics by showing, at least, that good academic practice is auditable, serves society at large, and avoids conflicts of interest; is instructionally effective and evaluatively responsible; and is differentiated according to specializations, whose competencies are certified and relationships…

Recent court decisions concerning school board actions regarding the use of instructional materials indicate substantial deference to the judgment of the school administrators and board members. As long as boards act for a valid educational purpose, they have increasing freedom to decide the inculcation of values is more important than…

In "Probst," the New Jersey Supreme Court permitted the Board of Education to keep a teacher off the salary schedule in the years following a one-year withheld increment. Explores the "Probst" issue and the way the Court's decision may well affect boards of education and teachers under the recent New Jersey legislation dealing…

Analyzes the recent New Jersey Supreme Court decision in "Scotch Plains" regarding binding arbitration procedures in collective bargaining agreements to settle disputes over the withholding of salary increments. Discusses the events leading up to the case and comments on possible future directions for such cases. (54 footnotes) (MLF)

The most frequently cited causes for teacher dismissal are immorality, incompetence, and insubordination. The discussion in this chapter concerning these three causes encompasses the general judicial principles found in teacher dismissal cases. The discussion of dismissal for immorality focuses on three controversial areas of litigation: sexual…

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…

Reviews factors considered by courts in judicial decisions concerning teachers involved in criminal offenses relating to alcohol and drug violations, larceny, theft, shoplifting, gambling, and manslaughter. The courts have held that when criminal conduct shows a connection between the offense and the teacher's effectiveness then cause exists for…

Court decisions interpreting effects of Public Law 94-142 on traditional forms of public school discipline are reviewed, concluding that most forms of minor disciplinary remedies remain available to educators so long as they are also used with nonhandicapped students. However, legal problems arise with expulsion and long-term suspensions of…

According to the Supreme Court of Canada, when a teacher's conduct out of the classroom impairs the integrity of the education system, the values it instills, and the public's confidence in the education system and its teachers, the employer school board is obliged to take disciplinary action, even if the conduct is not criminal. Five examples are…