Presents a set of model regulations on the issue of reduction in force applicable to certified personnel. (Author/WD)

In 1971 the North Carolina General Assembly enacted a tenure law for the State's public school teachers and principals. Codified as G.S. 115-142, the Act became effective July 1, 1972. It requires local boards of education to adopt "reasonable rules and regulations" for the conduct of hearings on dismissing or demoting teachers and…

A termination of teacher employment issue--nonreappointment--is considered and a board procedure recommended for those occasions when a teacher is not to be reappointed. The code is made up of sections that are followed by comments that explain or clarify their intent. (Author/MLF)

A school board must be cautious in adopting a policy for nonrenewal of teachers whose performance is unsatisfactory. The author of this third chapter of a book on school law suggests a policy that supports the board's ability to retain the best teachers and weed out mediocre teachers without violating a teacher's rights. Before adopting the…

Two 1972 Supreme Court decisions--Board of Regents v. Roth and Perry v. Sindermann--established the nonrenewal of teacher appointments. These two decisions presented two questions: Does a nontenured teacher have a constitutional right to be told the reasons for nonreappointment; and, if so, does he or she have a right to a hearing. This paper…

Reviews the major procedural issues that have been litigated when an employee has challenged a layoff. These areas include timely notice, notice of reason, burden of proof, standard of proof, prior hearing, and impartial hearer. (Author/IRT)

An examination of the major Supreme Court cases affecting schools from 1970 through the recent 1981 term shows how the Court since 1969 has moved to a more conservative interpretation and application of due process to the public schools. Most of the cases concern either student discipline or teacher termination. (Author/MLF)

This chapter discusses the question, To what degree is the school board limited by the requirement that it not be arbitrary or capricious in deciding not to renew a probationary teacher? When teachers have been notified that their employment contracts will not be renewed, they are responsible for initiating a review of the decision. If the school…

This monograph is a revision of an earlier edition designed to help school boards handle terminations of employment while reducing the likelihood of litigation arising from terminations. The former set of five procedural codes have been updated, modified, and added to. This edition contains six model procedural codes on which school boards can…

More and more frequently schools are having to reduce their staffs, an act generally referred to by the depression-era phrase "reduction in force" (RIF). The reasons are several, including lower student enrollments, reduced turnover among teachers, a steady movement of students from public to private schools, greater unwillingness of weak teachers…

This monograph is intended to help boards of education meet the increasingly stringent legal demands placed upon them when they are called upon to conduct adversary hearings, particularly in cases involving the termination of an employee or the expulsion or long-term suspension of a student. The material covers the requirements of due process as…

The civil service standard that is the basis for most public school employment decisions conflicts with the assumption of tenure statutes that no teacher should be reappointed or given tenure if a better teacher can be hired. Schools have a legal responsibility to hire the best available teacher. (Author/MLF)

Reduction in force (RIF), or the termination of staff for reasons other than the inadequacy or failing of the individual staff member, may be required for several reasons, including declining enrollment, reduced staff turnover, budget cutbacks, and changes in instructional programs. Whatever the cause, terminations must be handled carefully…