ERIC Number: ED392381
Record Type: RIE
Publication Date: 1995-Nov
Legal and Practical Implications of Assessment in Higher Education.
Sewall, Angela Maynard
This paper presents an examination of case law on faculty tenure and promotion as they are affected by institutional financial exigency and an examination of case law on personnel and faculty evaluation. An opening section reviews growing demands for accountability in higher education including legislatively mandated assessment of faculty and of student achievement. The following section reviews cases heard in the United States Supreme Court on faculty layoffs due to financial exigency. These decisions have generally supported the institution so long as appropriate due process was afforded faculty in the form of notice. A discussion of evaluation standards follows. Review of legal precedent relative to faculty evaluation and its link to student achievement shows that two cases have validated student evaluations as instruments that can be used in overall faculty evaluation. The paper closes by arguing that faculties and their institutions must take action now to control the direction of this issue. If they do not, state legislatures will try to write state law to mandate the performance legislators want to see. (Contains 23 references.) (JB)
Descriptors: Academic Achievement, Accountability, College Faculty, College Outcomes Assessment, Compliance (Legal), Court Litigation, Educational Assessment, Educational Quality, Federal Courts, Financial Exigency, Higher Education, Job Layoff, Legal Problems, Policy Formation, State Legislation, Student Evaluation of Teacher Performance, Teacher Evaluation, Tenure
Publication Type: Information Analyses
Education Level: N/A
Authoring Institution: N/A
Note: Paper presented at the Annual Meeting of the Mid South Educational Research Association (24th, Biloxi, MI, November 8-10, 1995).