Reviews a recent case that exhibits the mistakes that can be made when teachers, school boards, and administrators fail to understand that teacher tenure is not a guarantee of employment but does guarantee that procedural and statutory protections will apply in any termination process. (PGD)

By building in due process procedures and substantive review, a school system provides the opportunity for the teacher, the supervisor, and the administrator to work together to improve the instructional environment. (Author/IRT)

Despite the existence of tenure laws, it is possible to remove an incompetent tenured teacher, and administrators should do no less when the welfare of children is at stake. (Author/JG)

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)

Uses the statutes of South Carolina as an example of the legal requirements for teacher dismissal and decertification. Argues that it is by no means impossible under the law to discharge or decertify a teacher, nor is the process nearly so complicated as some administrators claim. (Author/IRT)

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…

This monograph presents a succinct overview of the legal parameters regarding nonretention and dismissal for cause of employees of higher education institutions. The monograph is written in everyday language for the lay reader and presents a concise review of case law on the subject. An introductory chapter discusses judicial review, the…

The peer review system for evaluating schools (the "Toledo Plan") is gaining favor among teachers in other school systems. Schools are generally reluctant to dismiss incompetent teachers because of documentation complexities, but incompetent teachers should nevertheless be weeded out. (TE)

Major statutes, court decisions, and labor board rulings applicable to part-time college faculty are reported; and the legal status, compensation, and collective bargaining rights of such faculty are discussed. Guidelines to help physical education administrators deal with these issues are included. (Authors/PP)

Supervision and evaluation, contained within a due process framework, are beneficial to both the teacher and the educational administrator. (LH)

The actions of Clark College in terminating, for reasons of financial exigency, two faculty members previously granted indefinite tenure are reviewed according to the AAUP statement of principles and recommended institutional regulations on academic freedom and tenure, and procedural standards, and found to be in violation. (MSE)

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…

A New York City bar association's Special Committee on Education and the Law report outlines sound law and practice in the major issues in tenure: fair procedures in reappointment, tenure decisions, and tenure termination; claims of unlawful discrimination, confidentiality claims in tenure decisions; and the scope of judicial intervention. (MSE)

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…