“Now teachers have an absolute desk reference that could be called ‘How to Stay in the Classroom and Out of the Courtroom!”

—John Casper, District Achievement Gap Coordinator Kentucky Department of Education

“Reading this book is the next best thing to taking a class on education law. It could well serve as the resource for such a class!”

—Deanna Brunlinger, Science Teacher Elkhorn Area High School, WI

Everything teachers need to know about education law

Do you know what you can and can't do and say in your school? Most teacher education programs offer little, if any, instruction on education law. When teachers need advice regarding employment or instructional issues, they may find the search frustrating, time-consuming, or costly. Teachers will find the answers to their most frequently asked legal questions in this easy-to-read book. Key topics include:

Certification, tenure, evaluation, and dismissal; Collective bargaining and teacher contracts; Constitutional rights of teachers; Discrimination and harassment; Academic freedom; Grading policy and integrity of student records; Copyright law; Safety.

Also covered are tort liability, teachers' responsibilities regarding the safety and well-being of their students, and teachers' protection from defamation. Educators will find practical suggestions, vignettes, and summaries of judicial opinions with real-world applications. Don't wait for a problem to arise. Read this book and be prepared.

Teacher Discipline, Dismissal, and Due Process

Teacher discipline, dismissal, and due process

Key Concepts in this Chapter

  • Probationary Employees
  • Rights of Tenured Teachers
  • Progressive Discipline
  • Discharge for Cause
  • Remedies for Wrongful Discharge
  • Reduction in Force and Call Back


Just as school boards have the authority to hire teachers, they have the power to terminate their employment when necessary. The causes for which teachers may be discharged are generally spelled out in state law along with the processes that school boards must follow in dismissing educators. Although boards must adhere to proper procedures, it is well established that they have not only the authority, but also the duty, to dismiss school personnel when necessary.1 In addition to dismissing teachers for cause, in recent decades many school boards have had to release teachers without any ...

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