Describes methods to assess teacher evaluation procedures relative to their type and rigor. Districts using contemporary, more rigorous evaluation systems experience fewer due process hearings than districts with traditional evaluation systems. Draws practical implications concerning district vulnerabilities and presents brief overviews of due…

Due process hearings should not threaten principals who have performed their teacher evaluation duties well and can demonstrate (1) the persistent nature of the teacher's difficulties; (2) repeated warnings; (3) frequent assistance; (4) adequate time and opportunity to improve; (5) close supervision; and (6) the teacher's involvement in a normal…

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…

A school board must be cautious in adopting a policy for nonrenewal of teachers whose performance is unsatisfactory. The author of this third chapter of a book on school law suggests a policy that supports the board's ability to retain the best teachers and weed out mediocre teachers without violating a teacher's rights. Before adopting the…

The Term Contract Nonrenewal Act, passed by the Texas Legislature in August 1981, provides term contract teachers with the option of a due process hearing before nonrenewal. Specific aspects of this act, dealing with teacher evaluation, notice of nonrenewal, hearings, and decisions and appeals, are reveiwed. (CJ)

Although school boards have the authority to order a teacher to undergo a medical examination, the board's concern should be only with the teacher's fitness. Policy guidelines are offered that protect a teacher's right to due process. (MLF)

Outlines how a teacher dismissal case is to be built, documented, and presented to the school board. (MLF)

Because teacher evaluation is an ongoing process, school principals must have knowledge of the employment contract, the legal implications regarding tenure, and the applicability of due process. This chapter discusses each of these topics in detail. Since the contract is one of the most important documents acted on by the school board each year,…

Legal provisions and regulations relating to the hiring and evaluation of certified staff are reviewed by the Academic Senate for California Community Colleges (ASCCC) to assist local academic senates in developing or updating policies in these areas. After an introduction to the objectives of this report, sections of Article 2 of the California…

Reviews the legal implications of particular types of educational reform in relation to improving teacher quality. Identifies the central legal principles that should shape state action in three areas: entry level teachers, teacher performance, and teacher dismissal. As states develop teacher reform strategies they should consider multiple areas…

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…

Although the main purpose of a school district's evaluation system is to improve employees' performance, the evaluation procedures and the supporting documentation must also serve as evidence in the termination hearings of an unsatisfactory employee. Accordingly, this chapter provides practical advice to school administrators concerning…

Teacher evaluation is fraught with difficulties for several reasons. On the one hand, it is directed to self-improvement and remediation, while on the other, it can be utilized as a tool for nonrenewal of a contract, demotion, reassignment, or dismissal. Moreover, educational researchers are far from reaching consensus on the characteristics…

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…

Chapter 14 in a book on school law concerns the legal aspects of evaluating teacher performance. Careful analysis of recent decisions makes it clear the courts will compel uniform standards and unprecedented rigor in teacher evaluation practices. Particularly in the consideration of equitable standards, state and federal courts are relying on…