This article forecasts potential legal problems emerging from the use of new teacher evaluation systems in the states. This research was a policy analysis that combined three types of data to forecast the states and the legal challenges they might encounter: state policy data, selected case law, and problems from the literature of teacher…

Provides school executives with due process information concerning termination of school personnel, including teachers. Outlines the usual reasons for termination, ranging from reduction in force to wrongdoing on the job, and explains the burden of proof resting on the employer. (MLH)

This paper discusses court cases in which teachers allege constitutional violations of their First and Fourteenth Amendment rights. The cases represent a struggle between those forces representing the authority of the board of education to govern public schools and those advocating the individual rights of teachers to continue their employment in…

The Principal's Legal Handbook contains information and recommendations for practice in four areas. Section 1, "Students and the Law," yields interesting and informative answers on a number of issues related to students and the law: recent issues in schools relative to students' rights; the use of technology; and the latest case law and…

A 1976 court opinion that federal court is not an appropriate forum for reviewing public agency employment is undermined in a 1983 ruling that a teacher employment contract creates a property right sufficient to raise a claim. This conflicts with established doctrine and creats new uncertainty in public employment contract disputes. (Author/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…

The relationship between public schools and their employees is one of the most frequently litigated aspects of American education. Accordingly, the chapters in this text present a comprehensive and current report of legal issues in public school employment. Chapter titles and authors are as follows: (1) "Critical Elements of the Employment…

This twenty-one chapter book deals with important, timely topics in school law. Topics include home instruction in place of public school attendance; judicial review of labor arbitration awards; procedures for nonrenewal of nontenured teachers that avoid constitutional problems; discipline by grade reduction and grade denial based on attendance;…