After 40 years as a hardworking and productive academic, here I was on a Zoom call fronting two senior colleagues telling me I no longer appeared on the new 'organisational chart'. In short, I was being made redundant. It was no surprise really, as another 40,000 professional and academic staff were to suffer the same fate. And really by then I…

In the last few years, all but a few U.S. states have rushed to enact tougher teacher evaluation systems. Spurred by the incentives offered by two federal education initiatives--Race to the Top and the ESEA Flexibility Program--these states have designed teacher evaluation systems designed to "remove ineffective tenured and untenured…

Teacher tenure rights, first established more than a century ago, are under unprecedented attack. Tenure--which was enacted to protect students' education and those who provide it--is under assault from coast to coast, in state legislatures, in state courtrooms, and in the media. In June 2014, in the case of "Vergara v. California," a…

The author has twice spent a full day in court, as an expert witness; rather an odd task for an English professor, one might think. Each time involved a matter of considerable importance: an obscenity prosecution of a classic novel during the 1960s, and then, about twenty years later, a financial crisis at a community college involving dozens of…

Education policy makers have long searched for a system that will recognize and reward outstanding practice, support educators to improve their performance, and, most importantly, increase student achievement. For states and school districts to secure grants from the $4.35 billion Race to the Top (RTTT) Fund, President Barack Obama is requiring…

As superintendents, most of them have experienced meetings in which they were able to hear the angry crowd, listen deeply to it, and bring people together. In this article, the author shares how she copes with difficult meetings. Through the years, the author has learned that it takes hard work, the kind of ongoing lifetime work that involves…

Joel Klein, chancellor of the New York City public school system, and Michelle Rhee, who resigned October 13 as Washington, D.C. chancellor, published a "manifesto" in the "Washington Post" claiming that the difficulty of removing incompetent teachers "has left our school districts impotent and, worse, has robbed millions…

Terry Heinrichs's rejoinder (in this issue, p169) criticizes this author and the Canadian boards of education for firing Malcolm Ross and Paul Fromm. In essence, Heinrichs agrees that the firing of James Keegstra was justified, as Keegstra brought his hatred into his classroom. Heinrichs thinks the case is very different when hate mongers preach…

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)

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…

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…

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)

Suggests ways for ensuring that teacher evaluation methods used by principals when dismissing teachers will stand up to the challenges posed by hearings: Did the principal try to help the teacher improve? Were evaluation criteria relevant? Was the decision to terminate arbitrary or capricious? Was the evaluation process confidential? (PGD)

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 1985 Illinois school reform legislation revised statutes and regulations to ensure that teachers who were evaluated as substandard could be removed from their positions. Describes and discusses the decision-making problem that results when administrative error subverts the legislative intent. (MLF)