Generally, support employees can be discharged only for statutorily created reasons, including incompetence, insubordination, immorality, and "good cause." School officials must know employees' rights under due-process and collective-bargaining rules and use objective evaluation criteria to avoid litigation and remedies for wrongful…

This checklist is designed to reduce the prospect that a termination decision will be reversed in a grievance procedure, arbitration, state agency hearing, or court proceeding. The checklist is arranged under the following headings: (1) What is the real reason for considering firing this individual? (distinction between reduction-in-force and…

Faculty collective bargaining is a recent development on the campuses of four-year colleges and universities. The factors that stimulated this development are outlined in this study as are some of the special problems generated by faculty bargaining, especially determination of the bargaining unit and the appropriate scope of negotiations. Some…

The examination of Montana's teacher tenure laws as mandated by House Joint Resolution 43, required a thorough review of the legislative development of the teacher employment laws, a summary of relevant case law on the rights of school boards and teachers, an awareness of the philosophical postures of the affected parties, and a dispassionate look…

This document presents an analysis of part-time employment issues in California community colleges, including a review of historical developments of the law covering the employment of certificated personnel, a review of some benefits and problems associated with part-time teaching, and consideration of part-time faculty employment as a major issue…

This document is an updating supplement to a 1973 volume of the same title and is intended to cover the various aspects of court action effecting higher education, and particularly the faculty and staff for the period 1973-76. The areas discussed include the inception of contracts; due process in nonrenewal of nontenure contracts and probationary…

The termination of unsatisfactory school employees is an ubiquitous and often expensive legal problem for school districts. This monograph was designed to help school attorneys and administrators in handling the termination process as fairly and efficiently as possible. The monograph begins with articles on documentation, evaluation, and…

This chapter reviews litigation in higher education for 1986. The first section discusses the relationship between postsecondary institutions and various governmental agencies, in which litigation covers questions on the authority of boards, access to information through sunshine laws, questions of tax exempt status, and issues of accreditation.…

This chapter reviews collective bargaining cases in education during 1986. Although the courts addressed a broad range of topics, no new legal principles were applied in these cases. The courts relied on traditional labor law concepts and applied them to the specific statutes and policies of the applicable jurisdiction. The review addresses the…

Higher education case law in 1990 is discussed in this chapter under nine major topics: (1) intergovernmental relations; (2) discrimination in employment; (3) faculty employment; (4) administrators and staff; (5) students; (6) liability; (7) antitrust; (8) patents; and (9) estates and wills. Questions of the authority of federal, state, and local…

Themes in 1989 higher education case law reflect the difficulty in reducing the federal deficit, increased service demands on state budgets, and an economic condition of marginal growth. The interpretation of constitutional rights in relationships between the institution and students, employees, and communities continues to be heavily litigated.…

The higher education case law in 1988 is extensive. Cases discussed in this chapter are organized under five major topics: (1) intergovernmental relations; (2) employees, involving discrimination claims, tenured and nontenured faculty, collective bargaining, and denial of employee benefits; (3) students, involving admissions, financial aid, First…

Litigation in 1987 was very brisk with an increase in the number of higher education cases reviewed. Cases discussed in this chapter are organized under four major topics: (1) intergovernmental relations; (2) employees, involving discrimination claims, tenured and nontenured faculty, collective bargaining and denial of employee benefits; (3)…

This is the ninth in the series of monographs designed to summarize and analyze judicial decisions on elementary and secondary education issues. The cases under discussion (found in federal and regional reporters from June 30, 1986, to June 30, 1987) were selected on the basis of their relevance to contemporary problems in public school settings,…

An overview of legal issues that relate to education, the abundance of new laws, newly applied laws, and judicial decisions in the field of education are discussed in this practical guide for educators. A historical orientation to some of the basic legal concepts in education is provided for: full disclosure, fair practices and nondiscrimination,…