Due process in employment practices is guaranteed to school employees to the extent that they have constitutionally protected liberty and property interests in their employment. This paper reviews the responsibilities of school business officials at every stage in the employment process, from the original application for employment through…

Based on research conducted at Mississippi State University, Meridian (Mississippi) Public Schools, and Vicksburgh Public Schools, the intent of this study was to determine the general state of due process procedures in the practices of school officials throughout the southern region. All cases involving teacher dismissal in the Fifth Circuit…

Quotes the antidiscrimination provisions of Title VII, describes some relevant court decisions, and discusses the relevance of the courts' actions to school officials facing a decision when a qualified teacher who is three or four months pregnant applies for a position or comes up for reappointment in April. (Author/MLF)

Legal problems that colleges and universities might avoid are identified. Colleges are being sued over a broad range of legal issues and are expending money for legal and court fees, settlements, and judgments. Legal problems include right of admission to particular colleges, the right to stay in school, questions of faculty promotion and tenure,…

A pamphlet reviewing the employment rights of school administrators in each state, this report distinguishes between substantive and procedural rights for administrators threatened with demotion or dismissal. The author argues that principals should be aware of the kind and degree of statutory employment protection in their states, which differ in…

Use of nationally standardized tests to determine teacher competency continues to be a subject for review in state and federal courts. School district policies have promoted minimum score requirements as a basis for employment decisions concerning certification, hiring, renewal, promotion, and merit pay. Legal challenges to these policies focus…

Employment rights of part-time faculty and legal and collective bargaining issues are discussed, with attention to tenure rights and job security, due process, and equal treatment. The part-time faculty contract may provide some employment continuity by incorporating seniority provisions, access to fractional tenure, and other protective clauses.…

This chapter addresses developments concerning faculty tenure, examines institutional responses to new pressures and the litigation by faculty over those reponses, and explores faculty and administration rights and responsibilities. Academic administrators have realized that the reappointment, tenure, and promotion processes are an opportunity to…

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…

This chapter analyzes 1982 decisions involving legal issues in public school employment. Cases in areas of federal law are discussed first, including: discrimination in employment (race, sex, religion, age, and handicap); substantive constitutional rights (speech, association, and religion); and procedural due process (property interest, liberty…

The collective bargaining agreement between Bard College and the 60-member Bard College Chapter of the American Association of University Professors for the period June 1, 1984-June 1, 1985 is presented. Items covered in the agreement include: recognition of the unit, faculty notice of termination, tenure, adequate cause for dismissal, hearings on…

The collective bargaining agreement between Bard College and the Bard College Chapter of the American Association of University Professors (AAUP) covering 1986-1987 is presented. Items covered in the agreement are: unit recognition, faculty notice of reappointment, tenure, adequate cause for dismissal, hearings, financial exigency, other…

Application of the due process clause of the Fourteenth Amendment to dismissal of public employees has become clarified through such recent federal court litigation as "Loudermill v. Cleveland Board of Education" in 1981, which followed the Supreme Court precedent set in 1972 in "Board of Regents v. Roth." The threshold…

A review of 1989 court decisions regarding higher education examines important trends in cases concerning the first amendment; tort liability; institutional contracts; immunities; access to records; meetings and witnesses; intellectual property; funding; employment; adverse academic, disciplinary, licensing, and related decisions; and…

Complete information about the Michigan Teachers' Tenure Act is presented in this 12-chapter volume. Tenure is an employment security device giving permanent status and protection against dismissal except for stated cause. An overview discusses tenure's advantages and disadvantages and legislation in Michigan that culminated in the 1964 Teachers'…