As a hybrid between a college or university student and an elementary or secondary school employee, the student teacher is in a special situation. The potential for being a plaintiff (the party who sues), the defendant (the party who is sued), or a third party that is integrally involved in a lawsuit is higher because the bodies of law pertinent…

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)

Examines the case of Thompson v Southwest School District in which a teacher was dismissed for allegedly immoral behavior. The court found that the behavior did not have a deleterious impact on the teacher's ability to teach. (IRT)

Summarizes a case involving a teacher's use of a "magic rock" to enhance students' self-esteem. The teacher's eventual dismissal turned on unfavorable performance evaluations, not religious beliefs. The Eighth Circuit Court's decision to award front pay instead of reinstatement achieved the right result for the wrong reason, harbinging…

Discusses the case of a Missouri elementary teacher who was dismissed for allegedly immoral behavior. The court determined that her living with a man out of wedlock had not adversely affected her teaching and that her due process rights had been violated by the district. (IRT)

In a case involving a somewhat sarcastic elementary teacher, a Pennsylvania Commonwealth Court reversed the state commissioner of education's affirmation of her dismissal based on persistent negligence. Results of teachers' alleged verbal abuse of students depends on the nature of the claim, not just specific evidence. (MLH)

A scenario based on actual events describes a situation in which money problems force a university to terminate three tenured professors who immediately file suit. Fiscal exigency is defined as a crisis that threatens the survival of the institution as a whole. (MLW)

Describes a complex court case involving a Massachusetts elementary teacher whose contract was not renewed because she was cohabiting with a suspected (but eventually exonerated) child abuser. School officials should resist the knee-jerk reaction to terminate a teacher's contract on the grounds of narrow, homogeneous community values regarding…

A comparison of teacher dismissal cases in West Virginia and Pennsylvania concludes with recommendations for administrators: closely following procedureal protection provisions in termination proceedings; adhering to evaluation requirements in dismissals for incompetency; and evaluating teachers honestly. (MJL)

The 11th Circuit Court upheld a Georgia district's termination of an exemplary teacher who refused an immediate drug test after a police dog sniffed out a marijuana cigarette in her unlocked car. This case illustrates application of zero-tolerance policies to teachers and other personnel despite employees' signed contracts. (MLH)

A survey of teacher employment and tenure statutes in the 50 states reveals a variety of provisions directly relating to reduction in force. A chart illustrates the variations in statutory provision of reasons for reduction in force, of order for release, and of order for recall. (Author/MLF)

Since 1990, there have been at least six published court decisions concerning teachers' use of controversial videos in public schools. A relevant district policy led the Colorado Supreme Court to uphold a teacher's termination for showing 12th graders an R-rated 1900 Bertolucci film on fascism. Implications are discussed. (MLH)

Discusses a 2000 federal trial court decision upholding a Kentucky district's termination of a tenured teacher who presented a curricular segment on industrial hemp as part of a "save-the-trees" unit. The decision underscores teachers' severely limited constitutional rights in the curricular context. (MLH)

This legal memorandum provides an overview of the growing body of legislation and litigation concerning reduction in force (RIF). The focus of the article is the suspension or dismissal of teachers for reasons unrelated to their competence or behavior. Cases concerning other professional personnel such as principals, or other staffing strategies…

Court decisions concerning fiscal crisis in institutions of higher education are outlined, involving tenure, grounds for dismissal, and faculty participation in decision making. (FG)