ERIC Number: ED319122
Record Type: RIE
Publication Date: 1990-Mar
Reference Count: N/A
Administrator Tenure Statutes and Other Legislative Protection of Position. A Legal Memorandum.
Gluckman, Ivan; Koerner, Thomas, Jr.
A Legal Memorandum, Mar 1990
This "Legal Memorandum" reviews administrator employment rights in each state. In 19 jurisdictions principals and other administrators are granted some kind of substantive tenure protection in their administrative positions. However, even in states providing tenure protection for administrators, there are situations in which a school board may terminate educators when "just cause" does not exist. One justification usually recognized by the courts is economic necessity, such as declining revenues. To meet changing circumstances school boards are also increasingly seeking to reassign principals and other administrators to new and different duties. While stopping short of providing full, substantive tenure rights, a growing number of state legislatures have chosen to provide procedural safeguards to principals threatened with termination. The states of Minnesota, Missouri, and Wisconsin grant tenure rights only to principals employed in densely populated areas while denying it to principals in the smaller, rural school districts. Twenty-three states do not provide administrators with tenure as administrators, but permit them to achieve tenure status as teachers. Only Arkansas and South Carolina provide no tenure, even to teachers, but do afford some procedural protection in case of nonrenewal. (MLF)
Descriptors: Administrator Guides, Administrators, Board Administrator Relationship, Court Litigation, Dismissal (Personnel), Elementary Secondary Education, Financial Exigency, Hearings, Personnel Policy, Principals, Reduction in Force, School Law, State Legislation, Tenure, Tenured Faculty
Publications, National Association of Secondary School Principals, 1904 Association Drive, Reston, VA 22091 ($1.75; quantity discounts).
Publication Type: Collected Works - Serials; Guides - Non-Classroom
Education Level: N/A
Audience: Administrators; Practitioners
Authoring Institution: National Association of Secondary School Principals, Reston, VA.