The speaker examines a cross-section of the cases illustrating reasonable cause for dismissal of teachers. He considers teacher behavior both in and out of the schools in covering such topics as insubordination, cruelty, personal appearance, curriculum decisions, immoral behavior, political activity, illegal strikes, and criminal conduct. Court…

The traditional approach of the courts was to accept as "reasonable cause" for teacher dismissal any conduct that set a bad example for students. This chapter examines a cross-section of cases illustrating recent court decisions in this area and attempts to identify any consistent patterns of adjudication and their implications for school…

The most litigated issues involving teachers are the control of conduct of teachers and other employees. The disciplinary measures available are typically expressed or implied in state statutes. These normally include suspension, transfer, nonrenewal of contract, and discharge. The superintendent or board may be empowered to recommend the…

This is an expansion and revision of the author's 1972 monograph "Substantive Legal Aspects of Teacher Discipline." The major focus is again placed on the identification and description of the present legal restrictions on teacher behavior both in and out of the classroom. The author examines statutory provisions affecting certification, contracts…

Disagreements over teachers' First Amendment, academic-freedom rights in curricular contexts are again receiving judicial attention. Two federal cases involving termination of exemplary high-school drama and creative-writing teachers have upheld school boards' authority to control curriculum context in disagreements over permissable subject matter…

Limited to teacher conduct of a nonverbal nature occurring outside the school setting, this monograph presents the case law resulting from the dismissal of teachers for unacceptable conduct. The first section reviews literature on teachers' personal conduct. The second deals with the issue of whether a teacher is obligated to serve as an exemplar…

The bulk of this chapter is devoted to three areas of contention: discrimination in employment (including discrimination on the grounds of race, sex, age, and handicapping condition), the discipline and dismissal of employees (including separate discussions of such causes as insubordination, neglect of duty, unprofessional conduct, incompetence,…

In this report, the author examines current statutory and case law to determine the present legal restrictions on teacher behavior both in and out of the classroom. The discussion focuses on statutory provisions for teacher discipline and teacher conduct resulting in (1) certificate suspension or revocation, (2) suspension or dismissal, (3) loss…

Chapter 2 of a book on school law, this chapter summarizes 1979 court cases concerning school employees. The author deals with cases in the areas of employment discrimination, dismissal and discipline of employees, tenure, substantive constitutional rights of employees, procedural due process for employee dismissal, immunity and liability under…

While the nature of disputes between school employees and employers remained constant in 1977, the number of cases increased to 300. This chapter discusses some of those cases including Mt. Healthy Community School District v. Doyle, a key decision on employee substantive constitutional rights. General topics covered include discrimination in…