ERIC Number: ED254943
Record Type: RIE
Publication Date: 1985
Reference Count: 0
Legal Aspects of Employee Assessment and Selection in Public Schools. 1985 Monograph Series.
Beckham, Joseph C.
Legally sound assessment and selection processes in public schools must relate criteria to job requirements and must adopt procedures that are clearly articulated and uniformly applied to all candidates for a position. Legal challenges to school districts related to employment decisions can be grouped as allegations of (1) discriminatory practice, (2) violation of a substantive constitutional or statutory right, (3) unlawful arbitrary and capricious behavior, and (4) failure to fulfill procedural mandates. Three hypothetical scenarios introduce the basic legal issues that can arise in the assessment and selection process and are used to present a broad conceptual view of the process, while allowing for the identification of specific flaws that may be susceptible to legal challenge. The narrative that follows each scenario elaborates particular issues and offers a legal rationale that cites judicial decisions paralleling the hypothetical problem. To illustrate that compliance with the law can be realized, a sampling of cases in which school districts have prevailed against challenges to the assignment and selection process is presented. The importance of procedural safeguards and job-related criteria in the assessment and selection process are particularly evident in the nine concluding guidelines. (MLF)
Descriptors: Civil Liberties, Compliance (Legal), Court Litigation, Dismissal (Personnel), Elementary Secondary Education, Occupational Information, Personnel Evaluation, Personnel Policy, Personnel Selection, Public Schools, School Districts, School Personnel
Publication Sales, National Organization on Legal Problems of Education, 3601 S.W. 29th, Suite 223, Topeka, KS 66614 ($6.96 plus $1.50 postage and handling; quantity disounts; invoiced orders will have actual postage and handling charges added).
Publication Type: Opinion Papers; Guides - Non-Classroom
Education Level: N/A
Audience: Administrators; Policymakers; Practitioners
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.