ERIC Number: ED169637
Record Type: RIE
Publication Date: 1978
Reference Count: N/A
Employee Nonreappointment: What Constitutes a Stigma?
Phay, Robert E.
Two 1972 Supreme Court decisions--Board of Regents v. Roth and Perry v. Sindermann--established the nonrenewal of teacher appointments. These two decisions presented two questions: Does a nontenured teacher have a constitutional right to be told the reasons for nonreappointment; and, if so, does he or she have a right to a hearing. This paper discusses the two cases with special attention to those situations in which a "liberty" interest (for example, a damaged reputation) has been identified by the courts and the school has been directed to provide notice and a hearing, and those situations in which courts have said no liberty interest has been violated and the school may decline to reappoint a teacher without any procedural observances. The conclusion states that denial of a liberty interest is rare and occurs only when such an interest can be identified (such as through public accusations), or when such charges are placed in a personnel file that is open to the public. (Author/LD)
Descriptors: Civil Liberties, Due Process, Elementary Secondary Education, Higher Education, Probationary Period, Supreme Court Litigation, Teacher Dismissal, Teachers, Tenure
Not available separately; See EA 011 530
Publication Type: Legal/Legislative/Regulatory Materials; Speeches/Meeting Papers
Education Level: N/A
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.
Identifiers: Perry v Sindermann
Note: Chapter 2 of "School Law Update--1977" (EA 011 530); For related documents, see EA 011 530-556