Archives: Teacher Employment, Evaluation and Dismissal

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Discipline of Teachers for Picketing Disruption Upheld

New York state’s highest court has upheld the discipline of teachers whose picketing during the collective bargaining process created a hazardous situation for students arriving at school.

Teachers at Woodland Middle School in the East Meadow Union School District had … Read more

Teacher’s Challenge to Termination Because of Blog Denied

Students are not the only ones who can be subject to discipline because of social media; their teachers can get into trouble too. Recently the United States District Court for the Eastern District of Pennsylvania rejected a teacher’s first amendment … Read more

Report Highlights Different State Approaches to Tenure and Reduction in Force

Recent years have brought a considerable amount of activity among the states in the areas of teacher tenure and reduction in force. Although the Connecticut General Assembly has not yet taken action in these areas, understanding what action has been … Read more

Federal Court Rejects Challenge to Teacher Evaluation System

Across the county, states are implementing new teacher evaluation systems which rely upon student results on state standardized tests to evaluate teacher performance. These new systems are facing political and legal challenges from teacher groups who object to these new … Read more

Research Shows that Contractual Teacher Work Rules Can Impact a District’s Ability to Address Student Needs

For anyone who has been involved in the collective bargaining process for a teachers’ contract, they are fully aware of the scope and extent of contractual language concerning work rules. Areas such as hiring, layoffs, class size, preparation time, duties, … Read more

Michigan Teacher Sues School District for Requiring Her to Have Psychological Exam

A high school teacher in Michigan has filed suit in federal court against Arbor Public Schools after the school district ordered her to undergo a psychological examination as a condition for continuing her employment.

The teacher was placed on leave … Read more

Arbitrator’s Decision to Reinstate Teacher Failed the Essence Test and Violated Well Established Public Policy of Protecting Students from Sexual Harassment on School Grounds

The Pennsylvania Commonwealth Court has held that an arbitrator’s decision to reinstate a teacher to the classroom after finding he was guilty of inappropriately touching seventh grade female students during academic instruction was not rationally derived from the relevant collective … Read more

Attorneys Jessica Ritter and Jessica Stein to Give Live Audio Seminar on “Social Networking and Electronic Communications: Issues for Public Schools”

On November 30, 2012 at 1:00 p.m., Attorneys Jessica Ritter and jsoufer will examine teacher and student use of social media and social networking, and the intersection of individual rights with the school’s authority to regulate the school environment. During … Read more

Challenges in Implementation of Race to the Top

The U.S. Department of Education recently issued their first official assessment of the progress that twelve states have made in implementing their reform plans following their receipt of Race to the Top grants. The state-by-state reports show that most winners … Read more

ADA Does Not Restrict School Districts When Teachers Can’t Perform Essential Functions of Job

Two recent decisions, one from the Sixth Circuit of Appeals and the other from the Ninth Circuit of Appeals, interestingly with both decisions having a plaintiff named Johnson, offer clarification of the accommodations required by school districts pursuant to the … Read more

Evidentiary Portions Of Teacher Interest Arbitration Hearings Must Be Open To The Public

In a recent decision, the Freedom of Information Commission concluded that the evidentiary portion of a teacher interest arbitration hearing conducted under the Teacher Negotiations Act is a “hearing or other proceeding” and is therefore a “meeting,” within the meaning … Read more

Employers Need to Update Policies Regarding Employee Genetic Information

Schools need to review their employment policies to ensure compliance with regulations clarifying the employer’s obligations under the Genetic Information Nondiscrimination Act, more commonly referred to as “GINA”. These regulations went into effect on January 9, 2011. In particular, Boards … Read more

GAO Released Report on Selected Cases of Public and Private Schools’ Hiring of Individuals with Histories of Sexual Misconduct

On December 8, 2010, the Government Accountability Office (GAO) released its report: “Selected Cases of Public and Private Schools that Hired or Retained Individuals with Histories of Sexual Misconduct”. The GAO was asked to examine the circumstances surrounding cases where … Read more

Congress Passes “EduJobs” Bill; Will Provide $110 Million in Education Aid for Connecticut

On Tuesday, Congress passed legislation providing $26 billion in new education and Medicare aid to the states. The $10 billion in education funding included in the controversial legislation, commonly referred to as “EduJobs,” is intended to preserve teaching jobs. Connecticut … Read more

Attorney General and Office of the Child Advocate Issue Report on School Districts and DCF Reports

Recently the Connecticut Attorney General and Office of the Child Advocate released a report entitled, “Protecting our Children: Improving Protections for Children when Allegations are made that School System Personnel Abused and/or Neglected Children.”  This report is based on the … Read more