This is an expansion and revision of the author's 1972 monograph "Substantive Legal Aspects of Teacher Discipline." The major focus is again placed on the identification and description of the present legal restrictions on teacher behavior both in and out of the classroom. The author examines statutory provisions affecting certification, contracts…

The outcomes of court decisions concerning faculty employment (e.g., nonrenewal and termination) during 1976-80 were evaluated, along with the level of knowledge among college and university officials about these judicial developments. The primary data source is the "Yearbook of Higher Education Law"; the secondary data source was a sample of 97…

This book examines legal areas of concern to South Carolina teachers, including tort liability, professional and employment status, teacher termination, and student discipline. Also included is an extensive appendix of information pertinent to school districts in South Carolina. (Author/LD)

A project was undertaken to determine whether there are any nationally significant proqrams or projects dealing with the emerging problem of tenured faculty needing or wanting to reevaluate their careers and economic situations. Various approaches are described, with examples given. A section about on-campus approaches looks at the environment of…

According to Oklahoma law, terminated tenured teachers have a right to a hearing before a hearing judge to contest the school board's decision to terminate that teacher's contract. Copies of the written reports of these hearings submitted by the hearing judges to the State Board of Education are reprinted in this volume. Twelve cases and their…

This handbook is not necessarily meant to be a lawbook, but rather a manual to be used in the field prior to the need for a lawyer. It is specifically designed to assist the school administrator and the board of education in dealing with students, teachers, staff personnel, and patrons. It essentially updates many of the topics covered in the…

Faculty termination criteria of community/junior colleges in Texas and Michigan were studied, and case law was researched to determine how definitive the criteria need to be and how the courts have interpreted general criteria. In Texas, 37 public two-year colleges were surveyed, with 25 replying. Of these, 11 institutions supplied policy…

Surveys court decisions and constitutional challenges by homosexual teachers faced with job terminations. Provides nine guidelines for use by school officials. The primary concern of boards assessing a teacher's fitness should be the educational competence of the teacher and the possibility of actual harm to students resulting from the teacher's…

Litigation concerning wrongful discharge of faculty will increase, but considerable legal variation among the states will persist. The biggest distinction between states will concern tort damage awards, and the net result will be the creation of new policies for employee rights. Employment-at-will doctrine will be affected in most states. (MSE)

The events and conditions surrounding the loss of tenure of a priest-faculty member who resigned the priesthood upon reassignment but wished to remain on the university faculty are outlined, and the results of the AAUP investigation of the situation are presented. (MSE)

An AAUP investigation of the dismissal, of three faculty members, who subsequently charged that their academic freedom had been violated and due process had been denied, is reported. (MSE)

When a large group of nontenured part-time English department faculty were summarily dismissed, a significant segment of the English curriculum was left largely unattended, and other problems arose throughout the institution. (MSE)

In conjunction with court decisions on financial exigency, the Yeshiva decision has an ironic consequence: tenured faculty can be managers for the purpose of exclusion from protection by the National Labor Relations Act, but at the same time have no managerial role in determining staff reduction in financial exigency cases. (MSE)

Discusses issues arising from school desegregation, such as (1) inequality in discipline administered to minority students; (2) disparities in placement and tracking of minority students; (3) displacement of teachers and administrators during desegregation; and (4) loss of jobs among minorities due to enrollment declines and loss of financial…

Nowadays, teacher and administrator evaluations are being linked to retention and dismissal suggestions. School districts should involve teachers and administrators in developing a fair system of evaluation, carry it out as planned, and make sure it is visible and accepted. (Author/JM)