The Eleventh Amendment is discussed regarding its history, interpretations, Congressional response, and court cases. Teacher litigation under the Fourteenth Amendment and under 42 U.S.C. Section 1983 is also reviewed. (LBH)

A central issue in litigation arising from adverse employment decisions affecting school personnel is the adequacy of due process procedures. Due process is required only if a teacher is able to establish a protected property or liberty interest. The first section of this chapter accordingly discusses the circumstances under which due process is…

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…

"Kemp v. Ervin" examined the balance between the 1st and 14th amendment rights of untenured faculty at a state university against dismissal for being threatening to the institution. Discusses the implications of the case, which strengthens the hands of teaching professionals concerned with pressure by financial and entertainment…

Teachers and other public employees enjoy the same fundamental rights as other citizens. They are entitled to free speech--though the privilege is not limitless--and to due process and equal protection under the law. (Author/DCS)

The focus of this chapter is on the substantive constitutional protections of the public school employment relationship guaranteed by the First Amendment, particularly freedom of speech, and by the Fourteenth Amendment's right to privacy. Included are burden-of-proof standards required for establishing a prima facie case of denial of these…