This hearing of the Committee on Health, Education, Labor, and Pensions examines fixing No Child Left Behind, focusing on supporting teachers and school leaders. Following an opening statement by Honorable Lamar Alexander (Chairman, Committee on Health, Education, Labor, and Pensions), the following senators provide statements: (1) Honorable Patty…

The Department of Education (Education) created Race to The Top (RTT) under the American Recovery and Reinvestment Act of 2009 to provide incentives for states to reform K-12 education in areas such as improving the lowest performing schools and developing effective teachers and leaders. In 2010, Education awarded 12 states nearly $4 billion in…

This document is intended to serve as a practical guide for implementing a teacher-student data link (TSDL) that supports a range of uses at the local, regional, and state levels. The guide addresses the considerations for linking teacher and student data from multiple perspectives, including governance, policies, data components, business rules,…

Using a 1974 case in a Wisconsin court--Burish v. Rice--as a case study, this paper describes how educators can write letters of recommendation that are both educationally sound and legally defensible. The paper states that writers of negative recommendations must be ready to meet the tests of defense against libel and slander, which are truth and…

Illustrating the conflict surrounding teacher evaluation, two recent court cases are reviewed. The author draws three conclusions: follow rules closely in teacher termination proceedings, make sure evaluation requirements are met in incompetency terminations, and give teachers an opportunity for improvement. (MD)

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…

In 1983, 26 states have statutes or regulations that require teachers to be evaluated, and 22 of these states also require administrators to be evaluated. (MLF)

This paper concerns the legal aspects of teacher evaluation and how it remains largely a matter of state control. It discusses federal overlays and state law and then summarizes case law relating to teacher evaluation. The paper concludes that while teacher evaluation is basically a state matter, the overlay of federally protected rights and the…

Policy and guidelines for teacher and administrator evaluation in the Washington County schools, Maryland, are contained in this paper. Part 1 discusses observation and evaluation of tenured and nontenured teachers including discussions of when, who schedules, and who evaluates. Part 2 examines evaluation of supervisors and administrators. Several…

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…

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)

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…

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…

Due process hearings should not threaten principals who have performed their teacher evaluation duties well and can demonstrate (1) the persistent nature of the teacher's difficulties; (2) repeated warnings; (3) frequent assistance; (4) adequate time and opportunity to improve; (5) close supervision; and (6) the teacher's involvement in a normal…

A recent Supreme Court decision on a First Amendment case involving a teacher in Texas illustrates how teachers' and other public employees' rights to freedom of speech face serious erosion. The problem is deciding whether grievances fall into the protected area of "public concern" or the unprotected area of a "purely private…