Teachers

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EuGH: Befristete Vertretungen in der Schule nicht unbegrenzt möglich

Es entspricht in Deutschland üblicher Praxis, dass im Schulbereich zur Vertretung kranker Lehrkräfte oder solcher, die sich in Mutterschutz oder Elternzeit befinden, befristete Arbeitsverträge abgeschlossen werden. Diese...more

School Districts: New York State Court of Appeals Upholds Decision Invalidating Teacher Discipline (12/14)

In another blow to school districts’ ability to address problem teachers, the New York State Court of Appeals recently upheld the Appellate Division, Fourth Department decision in Kilduff v. Rochester City School District,...more

School Districts: A Teacher’s Right to Access Student Records in a Disciplinary Proceeding is Not Absolute (11/14)

As many school districts are aware, it is not uncommon for a district to receive a request to disclose allegedly relevant student records to a tenured teacher facing disciplinary charges in the context of an Education Law...more

Teacher And School Civil Liability For Sexual Abuse Of A Student

B. (A.) v. D. (C.), [2011] B.C.J. No. 1087, 2011 BCSC 775, per Gray J. [3851] The plaintiff AB sued a teacher CD and the Board of School Trustees of District EF with respect to alleged sexual abuse she claimed to have...more

How to Respond to FOIA Requests For Overall Teacher Summative Ratings?

It has come to our attention that certain school districts in Connecticut have already received requests under the Freedom of Information Act [“FOIA”] for access to overall district and school level summative ratings of all...more

Connecticut's Tenure Reform In The Wake of Vergara v. State of California

In a 1789 letter, Benjamin Franklin made the now oft-quoted observation that “in this world nothing can be said to be certain, except death and taxes.” For many years, however, that certitude has been equally applicable in...more

Summary Of 2014 Connecticut Legislative Enactments Affecting The Public Schools And Public-Sector Employers

The Connecticut General Assembly enacted a number of changes in its 2014 session. The following summary provides an overview of the legislative enactments that have had, or will have an impact on Connecticut schools and...more

2014 Legislative Update: Summary Of Changes In School Law

In This Update: - Administration ..School as Polling Place ..Student Discipline Study ..Destruction of Public Records ..Sale of Personal Information ..DCFS Guardianship ..Children of...more

Georgia Prosecutors To Argue That The Atlanta Public School System Is a Racketeering Enterprise

Jury selection has begun in the criminal trial of 12 Atlanta teachers and administrators accused of conspiring to alter and inflate student scores on standardized testing utilized to gauge compliance with, and eligibility for...more

Update: District Court Finds First Amendment Does Not Protect Former Guidance Counselor’s Sexually-Explicit Book

The Northern District Court of Illinois found that Rich Township High School District 227 did not violate the free speech rights of former guidance counselor and girls’ basketball coach Bryan Craig when it dismissed him based...more

When The Teacher Is The School Bully

Anti-bullying laws may now have a significant impact on what is considered to be “emotional abuse” in schools. Recently, the Connecticut Supreme Court concluded that a teacher’s bullying behavior toward a student met the...more

English Teacher’s Blog Post Ruled As Unprotected Speech

A Pennsylvania District Court dismissed teacher Natalie Munroe’s violation of free speech claim against the Central Bucks School District. Ms. Munroe accused the School District and some administrators for violating her free...more

ISBE Releases Non-Regulatory Guidance on Recall Rights for Honorably Dismissed Teachers in Group 2

As we reported last month, recently enacted Public Act 098-0648 gives limited recall rights to honorably dismissed teachers placed in Group 2 who have one “needs improvement” rating. Effective July 1, 2014, Public Act...more

Doe v. Wolcott: Child Abuse Mandated Reporters and School District Liability

Connecticut General Statute Section 17a-101a sets forth 1) the obligation of certain school employees to report to the Department of Children and Families whenever they have reasonable suspicion of child abuse or neglect. and...more

California Court Rules Teacher Tenure Statutes Unconstitutional

On June 10, 2014, the trial court judge in Vergara v. State of California issued a decision striking down as unconstitutional five provisions of the California Education Code regarding public school teacher tenure procedures....more

IIllinois Legislature Grants Recall Rights to “Grouping 2” Teachers with One Needs Improvement Evaluation Rating

On June 13, 2014, the Governor signed House Bill 5546 expanding the recall provisions of Senate Bill 7. The new legislation is effective July 1, 2014 and extends limited recall rights to honorably dismissed (“RIFed”) teachers...more

Vergara v. California: Part Two: Is Tenure in Connecticut At Risk?

As discussed in a prior post, the recent decision in the case of Vergara v. State of California, et al., will, if upheld on appeal, eviscerate California’s public school teacher tenure law. Given that 46 states have some...more

Judge Strikes Down California Teacher Tenure Laws as Unconstitutional - Business-as-usual for school districts while ruling is...

California teacher tenure, firing and layoff laws violate the state constitution, a judge has ruled in a closely watched case that may have significant ramifications for school districts, education departments and lawmakers....more

Vergara v. California: Its Real Meaning

The media has missed the fact that Vergara is not primarily a case about tenure....more

Impact of the 'Students First' Decision on Non-Teacher Employees of School Districts

Judge Rolf Treu’s decision in the Students First case is effectively an indictment of the termination process of all California public school employees, not just teachers....more

Vergara v. State of California Exposes Constitutional Flaws In Public Teacher Tenure Laws

A Los Angeles County Superior Court Judge ruled Tuesday in Vergara v. State of California that teacher tenure laws in California are unconstitutional because they deprive students of their right to an education under the...more

Are Teacher Tenure and Seniority Really Unconstitutional?

If upheld on appeal, the trial court decision in Vergara v. State of California will make it easier for California school districts to keep new teachers in "at will" probationary status longer, to fire tenured teachers, and...more

L.A. Superior Court Rules Key Teacher Tenure, Dismissal, and Layoff Statutes Unconstitutional

In a much anticipated and well-publicized tentative ruling, the Los Angeles Superior Court (“trial court”) issued a tentative ruling on June 6, 2014 in Vergara v. State of California, Case. No. BC484642. Plaintiffs in the...more

Vergara v. California, and the Attenuation of Tenure, Part One: The Decision

In a landmark, June 10, 2014 decision that could set off a wave of similar litigation across the country, a California Superior Court judge ruled in the case of Vergara v. State of California, et al. that a number of...more

California Court Finds Teacher Tenure, Layoff, and Dismissal Laws Unconstitutional

School leaders across the country are buzzing about a California Superior Court’s recent tentative ruling that the state’s teacher tenure, dismissal, and layoff laws violate the equal protection clause of the California...more

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