To explore the relationship between teachers' knowledge of school law and their involvement in litigation, this study examined cases between 2000 and 2008 involving teachers who faced some adverse employment consequence. A total of 130 published cases were analyzed revealing the following: School districts and other school authorities prevail in…

The author of this article, an education attorney, begins by describing a case where, a school superintendent of personnel for a rural school district in Michigan had just received a performance evaluation with high marks and a new three-year contract. Two months later the school board called him into a closed session and presented him with…

This book examines faculty performance appraisal especially in light of ethical and legal issues involved in the appraisal process. Part 1 contains three chapters concerned with the structure and ethics of evaluation. These chapters provide a frame of reference for the next two chapters that deal with criteria used in performance appraisals and…

Testing and individual assessment before hiring or promoting can ensure high performance and ward off turnover. The proper job/person match can best be made by analyzing job requirements, selecting useful tests, and analyzing test results and tailoring assessment to the client. Other issues include coping with legal challenges and selecting a…

Some of the factors federal investigators and arbitrators use to distinguish between a voluntary quit and a constructive discharge are examined. Several guidelines university administrators can use to preempt and defend such claims are offered. The best way to avoid constructive discharge, it is suggested,is to conduct supervisory training. (MLW)

As more women and people of color hold academic jobs, the incidence of illegal employment discrimination in reappointment, tenure, and promotion decisions also increases. This book addresses how individual faculty members can defend themselves against unfair practices and how universities and colleges can protect themselves from being named in…

This guide discusses how to approach staff evaluation and offers actual performance standards for a wide variety of library positions. These standards can be used by any type of library. Chapter 1 explains what performance standards are, how staff evaluation has evolved over the years, legal issues which have influenced the process, and some…

Discusses problems with the Committee on the General Aptitude Test Battery's report "Fairness in Employment Testing" (1989). Finds that, while the report is thorough, major questions remain in a number of areas, including inconsistent definitions, "false negatives," rationale for criteria, and lack of full disclosure. Endorses…

Litigation in the area of teacher evaluation has developed around issues concerning the processes and criteria used by school districts in conducting evaluations. Following an introduction explaining basic concepts, chapter 2 discusses the appropriate content of teacher evaluation, examining formal adoption of evaluation policies, compliance with…

Successful interviewers ask job-related, open-ended, and thought-provoking questions on important topics; plan questions logically; avoid making stressful, probing queries and interpreting questions for candidates; ask each candidate the same questions; and make each candidate feel comfortable. A checklist of 25 illegal questions is included. (MLH)

Computer technology has made it possible for employers to collect and analyze management information about employees' work performance and equipment use. There are three main tools for supervising office activities. Computer-based (electronic) monitoring systems automatically record statistics about the work of employees using computer or…

This is a compilation of presentations delivered at the National School Boards Association Council of School Attorneys' Annual School Law Seminar: (1) "Environmental Hazards for Urban Schools Facing the New Challenge" (Kelly Frels, Kevin A. Ewing, Timothy A. Wilkins, Jason B. Hutt); (2) "How Accommodating? High-Stakes Testing and Federal Laws That…

This volume contains 32 articles and sample documents treating legal issues in higher education employment focusing on major issues arising in a non-unionized setting. The first of six sections contains seven articles on the employment relationship in general that touch on current legal trends in employee selection procedures, employment…