ERIC Number: ED143083
Record Type: RIE
Publication Date: 1977
Reference Count: N/A
Due Process for Non Tenured Teachers.
Lampshire, Richard H.
This chapter explores the rights of nontenured teachers in light of recent court decisions and the implications of those decisions for boards of education and administrators. The discussion is limited primarily to discussion of due process. Five generalizations can be made--nontenured teachers enjoy only those property rights found in or implied by state statutes; all employees enjoy the same protectable liberty interests that boards may easily violate at the time of nonrenewal of nontenured teachers; when due process is required, failure to adhere to the minimum elements of a fair and proper hearing may result not only in an adverse ruling for the employer, but also in the assessment of damages; in substantive due process the courts are concerned with the facts of the case and the opportunity for the employee to present the facts from his or her point of view is essential; and any actions of the administration designed to discourage employees from using due process procedures or to prolong the proceeding may well result in an adverse decision as well as the assessment of actual and punitive damages against the administration. (Author/IRT)
Descriptors: Administrators, Civil Liberties, Court Litigation, Due Process, Elementary Secondary Education, Government Employees, Higher Education, Supreme Court Litigation, Teacher Dismissal, Teachers, Tenure
Not available separately; See EA 009 780
Publication Type: Speeches/Meeting Papers
Education Level: N/A
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.
Note: Chapter 6 of EA 009 780; For related documents, see EA 009 780-797