ERIC Number: ED170843
Record Type: RIE
Publication Date: 1979
Reference Count: N/A
Reduction in Force: Legal Implications.
Delon, Floyd G.
This paper looks at recent court litigation stemming from reduction in teaching force in school districts. First it discusses those cases in which constitutional questions were raised, including charges of racial discrimination and infringement of both procedural and substantive rights. Next it looks at statutory issues where most of the reduction-in-force litigation falls. Examples of the latter include issues of seniority and tenure, legal qualifications, right to notice and hearing, sufficiency of evidence supporting the decision, and call-back rights. Finally, the paper discusses contract issues, including individual contracts and collective bargaining agreements. The conclusion states that reduction-in-force decisions are more likely to survive judicial scrutiny (1) when made on a nondiscriminatory basis, (2) when carried out in compliance with well-formulated policies, (3) when separated from dismissal for cause decisions, (4) when supported by documentation, and (5) when constitutional and statutory procedural requirements and collective bargaining agreements are followed to the letter. (Author/LD)
Descriptors: Court Litigation, Elementary Secondary Education, Higher Education, Reduction in Force, Speeches
Not available separately; See EA 011 580
Publication Type: Legal/Legislative/Regulatory Materials; Opinion Papers; Speeches/Meeting Papers
Education Level: N/A
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.
Note: Chapter 9 of "Contemporary Legal Issues in Education" (EA 011 580); For related documents, see EA 011 580-581 and EA 011 583-598 ; Paper presented at the 1978 Annual Convention of the National Organization on Legal Problems of Education