The dilemma of disciplinary discretion is that on the one hand it avoids discrimination by allowing individualized treatment, but on the other hand it invites discrimination by leaving it up to the adiministrator to determine what discipline shall be imposed for what offense. The law imposes very few and easily met restraints. To ensure that…

This document is one in a series that addresses issues of employment and dismissal matters in the North Carolina Department of Public Instruction. This issue focuses on employment at will, which exists at the will of each party. At-will employees are employed for an indefinite term; either side may end the employment without the others' consent.…

This document begins a series of issues on employment and dismissal matters of interest to school administrators in North Carolina. It addresses some of the more basic employment concepts, first describing the legal requirements in the state. In North Carolina, local school boards' authority to hire employees is contained in a variety of statutes.…

One of a series of bulletins on implementing the Americans with Disabilities Act (ADA), this bulletin discusses protections for individuals with histories of alcohol and drug abuse. The material explains: (1) the ADA prohibits employment discrimination of individuals with past drug and alcohol problems and those who currently have alcohol problems…