Reviews rationale for firing incompetent teachers and obstacles to dismissal. Citing 13 specific court decisions, discusses subcategories of successful dismissal cases involving insubordination and neglect of duty, unprofessional behavior, immorality, and inferior classroom performance. Mentions dismissal cases that foundered due to First…

Once a teacher can establish that conduct protected by the Constitution was the major cause of his/her dismissal, the burden of establishing another cause of termination falls on the school board. (Author/IRT)

This paper discusses the current issues of homosexuality, the law, and public schools. It states that school administrators need to understand homosexuality as a concept and as a legal issue because research on homosexuality has historically been remiss and court cases regarding the rights of homosexuals are increasing. Following a brief summary…

Describes methods to assess teacher evaluation procedures relative to their type and rigor. Districts using contemporary, more rigorous evaluation systems experience fewer due process hearings than districts with traditional evaluation systems. Draws practical implications concerning district vulnerabilities and presents brief overviews of due…

Reviews several factors affecting whether the dismissal of a teacher for immoral conduct will withstand court scrutiny. These factors center on the conduct's impact on the teacher's ability to teach effectively and include the conduct's context, the teacher's history and motives, and the effects of disciplinary responses to the conduct. (PGD)

A recent North Carolina school board's decision to dismiss a tenured teacher was upheld by the courts. Florida's statewide competency exam was also supported by a federal court. (MD)

An examination of two dozen recent court decisions dealing with teacher dismissal for drug-related incidents reveals that the facts of each case, not traditional guidelines, determine the legality of the action. (Author/MLF)

This study of case law involving job discrimination on the grounds of sexual preference includes many cases showing how homosexuals holding government jobs have been affected. Within certain conditions, such discrimination in the public sector has been found illegal, a fact which could set a benchmark for private industry. (JOW)

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)

The Interim Committee on Teacher Evaluation and Dismissal was established by (Colorado) Senate Joint Resolution 97-14 to study the state's teacher evaluation and dismissal laws and explore alternatives. The committee was directed to study the relationship between education reform and employment protections for teachers; the effectiveness of adding…

Principals still are not differentiated from teachers under the law of many states, even though their duties and responsibilities differ. This situation has begun to change as a result of court action by principals at the state level, which is discussed in this paper. Although administrative tenure is rare, it presents special problems when…

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…

Describes a complex case involving termination of a third-grade teacher with recurrent tuberculosis. The United States Supreme Court upheld a circuit court's ruling that the teacher's condition satisfied section 504 of the 1973 Rehabilitation Act protecting handicapped persons against discrimination. Since contagiousness was not addressed, the…

Examines the procedural due process rights of public school teachers in Iowa in light of recent changes in the Iowa statute governing the termination of teacher contracts. The changes include the requirement of "just cause" in contract termination. Available from the Drake Law Review, Des Moines, Iowa 50311; sc $5.00. (Author/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…