There has been little research regarding adverse employment actions against public school principals. Principals are dismissed, demoted, or transferred, not only for low accountability test scores but for a variety of reasons that may or may not affect test scores. The legal ramifications of these adverse employment actions have resulted in…

This activity is designed to be utilized in a School Law class, but is also appropriate for a class in Human Resources. Holding students and staff accountable for their actions is essential to a well run school. School principals are prepared to deal with student accountability and student discipline issues, but rarely are principals ready to deal…

The education profession is notorious for its resistance to change. School leaders often claim that collective bargaining agreements, state and federal regulations, and budget concerns prevent them from pursuing effective school reform. The culture of the K-12 leadership environment is one that often seeks consensus over progress and collegiality…

Making reference to concepts grounded in the Fourteenth Amendment of the United States Constitution, this document lists substantive and procedural due process requirements regarding employee termination that administrators must take pains to implement. Justifiable reasons for termination are identified. School administrators have the burden of…

Two cases illustrate some of the recent issues and decisions on the dismissal of school principals. Principals are cautioned that courts tend to defer to the judgment of school boards, particularly on matters within the members' area of expertise or authority. (MLF)

A complex case involving a disgruntled ex-employee's invasion of a college president's e-mail system resulted in a decision granting two plaintiffs' motions for summary judgment. This was the first recorded education-related collision on the electronic superhighway. Every educational institution should have a policy and procedure regarding what…

Summarizes issues relating to removal of school board members in the areas of grounds, methods, and parties seeking removal. The fewer than 20 successful removal actions since World War II indicate that the vulnerability of board members to litigation does not necessarily mean they are equally vulnerable to removal actions. (MLF)

School boards may encounter legal complications when they enter into confidential agreements with problem employees. Case studies are presented involving open-records laws, child-abuse reporting laws, fraud and negligent misrepresentation, public policy, and constructive discharge. Recommendations for dealing with settlement agreements are…

The Supreme Court has resolved an issue involving public employees' due process rights. Before dismissing an employee, school administrators must (1) give the employee a clear list of the grounds for the decision, (2) explain the basis for each charge, and (3) give the employee a chance to respond. (MLF)

A Colorado superintendent allowed to resign for personal reasons later sued the district, claiming confidentiality provisions had been breached. The Colorado Supreme Court reversed lower court rulings favoring the district. The settlement agreement does not violate the First Amendment, but merely applies state law requiring people to keep their…

This book, an updated publication of the National School Boards Association Council of School Attorneys, is designed to help school board members and administrators effectively obtain and work with a competent school lawyer. Following the foreword by Benjamin J. Ferrara, contents include the following articles: (1) "Development of the School…

Incidences of staff terminations under clouded circumstances are filled with legal and ethical dilemmas. The benefits of an informal process similar to "plea bargaining" are discussed. There is less emotional and financial toll for the accused employee, and school boards benefit as well in terms of the media, cumbersome disciplinary…

The Canadian concept of "natural justice" is equivalent to "due process" in the United States. This paper traces the evolution of natural justice from English common law to its function in present day Canadian law. The extension of natural justice to school board employees is discussed. The paper points out that although in the…

Any complaint against a school employee regarding inappropriate physical punishment should be taken seriously by administrators and pursued vigorously by an investigating attorney. The standards (especially regarding probable cause and obtaining warrants) for investigating such allegations are less stringent than those imposed in criminal…

Collected case citations are organized in five major sections with brief summaries of relevant cases in subcategories followed by a table of cases cited. The major sections are as follows: (1) "Employment in General" (William Gordon); (2) "Termination of Employment" (Alan Robertson); (3) "Staff evaluation" (Virginia Helm); (4) "Tort Liability"…