ERIC Number: ED199144
Record Type: Non-Journal
Publication Date: 1980
Reference Count: N/A
Teachers Have Rights, Too. What Educators Should Know About School Law.
Stelzer, Leigh; Banthin, Joanna
This book addresses the law-related concerns of school teachers. Much of the data on which the book is based was collected during a four year study, conducted by the American Bar Association with the support of the Ford Foundation. Court cases are cited. Chapter one examines "Tenure." Since tenure gives teachers the right to their jobs, tenured teachers cannot be dismissed without due process of law or without cause. They are entitled to notice of charges and a fair hearing, with the opportunity to present a defense. The burden is on school authorities to show that there are good and lawful reasons for dismissal. "Reduction In Force (RIF)" is the topic of chapter two. Many school districts are facing declining enrollments and rising costs for diminished services. RIF begins with a decision that a school district has too many teachers. Laws vary from state to state. Discussed are: What requirements must be met for RIF to be declared? Who can be RIFed?; What procedures must be followed? Do RIFed personnel have reinstatement rights? Chapter three deals with "Negligence." Negligence is the failure to anticipate unreasonable risk and guard against the consequences. In general, teachers are unlikely to be held responsible for students' injuries. Normal considerations of negligence and liability protect the responsible teacher. Chapters four through eight treat the topics of "Malpractice and Defamation,""Discipline,""Academic Freedom,""Freedom of Speech and Association," and "Life-Style Choices." Two areas not examined are unionization and some of the emerging issues in the legislative arena such as teacher accountability and teacher competency. The book concludes with a list of related resources in the ERIC system. (Author/RM)
Descriptors: Academic Freedom, Discipline, Educational Legislation, Elementary Secondary Education, Freedom of Speech, Life Style, Malpractice, Reduction in Force, School Law, Teacher Dismissal, Tenure
Social Science Education Consortium, 855 Broadway, Boulder, CO 80302 ($7.95).
Publication Type: Opinion Papers; Books; ERIC Publications
Education Level: N/A
Sponsor: National Inst. of Education (DHEW), Washington, DC.; Department of Education, Washington, DC.
Authoring Institution: Social Science Education Consortium, Inc., Boulder, CO.; ERIC Clearinghouse for Social Studies/Social Science Education, Boulder, CO.; ERIC Clearinghouse on Educational Management, Eugene, OR.