ERIC Number: ED131007
Record Type: RIE
Publication Date: 1976
Reference Count: 0
The Legal Rights of Teachers. Fastback No. 38.
Flygare, Thomas J.
This is a guidebook for teachers in the public elementary and secondary schools on the subject of their legal rights. While public education is a state function, governed by laws, authority is delegated to local school boards. Areas in which a teacher may come in conflict with the governing body of the school are described. Freedom of speech, in and outside of the classroom is examined, as well as freedom of association and political activity. The rights of teachers as citizens with constitutional protection are pointed out in the light of where those rights may be limited because of the sensitivity of the teacher's position. The private lives of teachers, their religion, sexual behavior, or manner of dress may conflict with the bias of the local school authority. In most of these cases the law is vague, and such issues are usually resolved on the basis of discretion rather than clearly defined legal points. The author discusses the issues in teacher employment: collective bargaining and strikes, mandatory retirement, tort liability, tenure, termination of employment, and teacher contracts. On many of the subjects covered in this book examples are given of challenges that were decided in state or federal courts. The legal issues involved in each case are clarified, and the reasoning of the court in making a decision is described. (JD)
Descriptors: Academic Freedom, Civil Liberties, Collective Bargaining, Court Litigation, Freedom of Speech, Grievance Procedures, Moral Issues, Negotiation Agreements, Public School Teachers, Teacher Dismissal, Teacher Employment, Teacher Retirement, Teacher Strikes, Teachers, Tenure
Phi Delta Kappa, Eighth and Union, Box 789, Bloomington, Indiana 47401 ($0.50; $0.35 for members)
Publication Type: Guides - General
Education Level: N/A
Authoring Institution: Phi Delta Kappa Educational Foundation, Bloomington, IN.