The author feels it is incumbent on the principal to release unwanted incompetent teachers and outlines the tenure laws and dismissal criteria that serve both to protect teachers and guide administrators. (Editor/SJL)

Argues that the overwhelming importance of the employment relation to the individual employee, coupled with the arbitrariness of a rule that permits termination of that relationship without cause, necessitates re-examination of that rule. Available from Ohio State Law Journal, Ohio State University, 1659 North High Street, Columbus, Ohio 43210; sc…

Examines the employment status of a nonprofessional school employee with reference to the procedural steps that a school administrative unit should use in dismissing him. The focus is on North Carolina case law, but the issues and the conclusions drawn are applicable to other states. (Author/IRT)

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…

The decision of the U.S. Supreme Court of a case involving the dismissal for academic reasons of a student from the University of Missouri-Kansas City Medical School is presented. The Court upheld that Charlotte Horowitz had been afforded all rights by the fourteenth amendment and that the decision of the Court of Appeals, which held that the…

Recent court cases are cited that indicate courts are now beginning to require that students be informed of academic (including clinical) deficiencies and be provided the opportunity to correct the problem. When the dismissal is for disciplinary rather than academic reasons, more procedural due process is required. (Author/MLW)

Across the United States, there is a growing teacher shortage, and teacher education programs must balance demands for new teachers and demands for higher teacher quality. The need for increased numbers of beginning teachers in special education and rural school districts is noted. At Gonzaga University in rural eastern Washington, teacher…

Causes for the dismissal of teachers, which have traditionally been judged to be within the discretionary power of school boards, have been closely scrutinized in recent court decisions. The Due Process Clause of the Fourteenth Amendment of the U.S. Constitution has been interpreted in recent litigation concerning faculty hiring, evaluation, and…

Adequate cause for dismissal is defined and analyzed. Whether for immoral conduct, insubordination, or incompetency, an institution must be mindful of the countervailing protection of academic freedom. Dismissal must be firmly grounded upon demonstrable acts or omissions and assume reasonable procedures, incorporating peer review. Some court cases…

On April 12, 1978 the president of Lynchburg College informed Professor Landphair that her domestic situation made it impossible for the college administration to renew her appointment. A report from the AAUP's Committee A on Academic Freedom and Tenure is provided including procedural and substantive issues, and conclusions. (MLW)

This monograph deals with a continuing personnel problem in the public sector of society--what to do about the individual who cannot or will not meet role expectations. It is designed to provide a framework within which the problems of marginal performers can be assessed and treated. The focus is initially on the meaning of marginal or ineffective…