This dissertation examines the impact of the Teacher Effectiveness and Accountability for the Children of New Jersey (TEACHNJ) Act on teacher tenure revocation in New Jersey. Employing a qualitative content analysis approach, the study analyzes 270 arbitration decisions from 2012 to 2023 to identify the specific legislative provisions that most…

Recent efforts to change the teaching profession and teacher preparation include a number of innovations to use portfolio assessment, value added measures (VAM), accountability metrics and other corporate education reform ideas. These approaches may provoke considerable potential legal consequences. Traditional constitutional and civil rights…

This speech examines the legal aspects of the California "Stull Bill," which governs the evaluation of public school teaching and administrative personnel. The author discusses the impact of the Bill on both teacher tenure and teacher evaluation and suggests that the teacher evaluation section has far more impact than does the teacher tenure…

A growing emphasis on teacher accountability, coupled with declining enrollments and reduced revenues, has increased the importance of teacher evaluations as a basis for staffing decisions, even though there is no clear definition of teacher effectiveness. Accordingly, legal standards are provided for the procedural and substantive issues of due…

The generally accepted view of tenure as that of an unbreakable relationship has actually grown out of institutional practices rather than from precise judicial doctrines. The courts have upheld a variety of "bona fide" causes based on unsatisfactory performance, as well as financial exigency. (MLW)

A summary is presented of some of the ways that judicial decisions and laws have an impact on higher education and on public education. The sources of legal obligation that impose duties and responsibilities on teachers are discussed. These are: common law, contractual obligations, state laws, and federal laws. The legal definitions are given of…

Most state legislatures have either passed or taken under consideration for passage some minimum competency testing program. However, it is not clear that these legislative efforts will result in implementation programs that fulfill legislative intent. Throughout the United States legal challenges from students adversely affected by testing…

The success or failure of an institution on a Finance or State Chancellor's Office audit can depend upon how well the college has maintained an audit trail, recording the total number of hours and students claimed, budget expenditures, average daily attendance generation, disability designations, and Individual Educational Plans. Adequate audit…

Representatives from Arkansas, Louisiana, Mississippi, New Mexico, Oklahoma, and Texas discuss the issues surrounding teacher and student competency and accountability. For each state, they review legislative policies and actions and the programs of the state education department regarding the use of competency and accountability standards. The…

Precedents from litigation on state graduation assessments provide insight into the potential legal arguments challengers may raise with regard to mandated content and performance standards for all students. Clearly documented, fairly administered procedures that adhere to professional recommendations will be the hallmark of defensible standards.…

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…

A wide variety of contemporary legal issues are addressed in the 15 separate papers that make up this volume. The introductory chapter by William C. Bednar, Jr. provides a broad-based rationale for "Preventive School Law." Chapters 2 and 3, both by Gerald A. Caplan, review "Current Issues in Reduction-in-Force" and "First Amendment Claims by…

About half the states in the U.S., either by legislative or administrative action, have moved toward the imposition of statewide performance standards in their elementary and secondary schools. Typically these standards pertain to the basic skills--reading, mathematical computation, and written and oral expression. Almost all of these programs…