Qualified teachers with disabilities are protected by the Americans with Disabilities Act (ADA). To maintain legal compliance, principals must have an understanding of employment law, but often lack the training to prevent legal liability. This study reviewed litigation on discrimination claims under the ADA and Section 504 of the Rehabilitation…

Until recently, legal challenges to the use of value-added models (VAMs) in evaluation and teacher employment decisions in federal court had been unsuccessful. However, in May 2017 a federal court in Texas ruled that plaintiff-teachers established a viable federal constitutional claim to challenge the use of VAMs as a means for their termination…

This article is a discussion of the role of the University Counsel (sometimes called the General Counsel) as "adviser, officer, administrator, and agent" in the university setting. The article discusses the nature of the "fiduciary duty" in university governance and describes several of the substantive areas of the law with…

Teaching quality is a crucial factor in student success, contributing to students' short- and long-term learning opportunities. High-quality teaching not only contributes to the improvement of student test scores and graduation rates but also gives students a "strong foundation from which to advance and achieve" in the future. Long term,…

Kansas school districts reduced employment by 327 full-time equivalent positions this school year, the smallest reduction in three years of cuts to district operating budgets. Districts reduced positions by 561 in FY 2010 and 1,626 in FY 2011. Districts eliminated nearly 400 "regular" teaching positions this year, but added 114 special…

Teachers who have tenure status do not possess a permanent right to their positions, but they do have a guarantee of procedural due process if their positions are threatened. (CK)

This case presents a costly lesson for teachers and for districts that include a liquidated, or stipulated, damages clause in their teacher employment contracts. Although the court enforced the clause in this case, in this well-reasoned recent decision and in most of the much older, canvassed case law from other jurisdictions, the answer to the…

This paper presents an indepth analysis of Craig v. Alabama State University (ASU), a lawsuit involving charges of reverse discrimination in employment against a historical black college. The plaintiff, who felt that the nonrenewal of his contract was due to his race, won his suit against ASU for himself and all other whites similarly situated.…

A federal district court judge in Iowa ruled that an education service agency unreasonably denied equal employment opportunity to a handicapped applicant for a teaching position. The agency based its decision on the candidate's inability to meet physical requirements for job functions that the court held nonessential. (PGD)

Suggests proper procedures for teacher dismissal and nonreemployment. (JF)

A discussion of state court decisions that indicate trends in deciding management's prerogative to determine educational policy and the rights of teachers to bargain on matters of interest to them. (MLF)