Tenure

News & Analysis as of

Chapman University to Pay $75,000 to Settle EEOC Race Discrimination Suit

University Fired Black Professor After Being Denied Tenure Due to Race, Federal Agency Charged - SAN DIEGO - Chapman University, a private university in Orange, Calif., will pay $75,000 and furnish other relief to...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

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

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

Teacher Non-Renewal – By The Numbers

One of the less-pleasant rites of spring for Connecticut’s public school districts is determining whether to non-renew the employment of their non-tenured teachers. Section 10-151 of the Connecticut General Statutes, which...more

Mirabilio v. Regional School District 16: Reduction in Hours v. Termination of Employment

In these fiscal times, school districts are confronted with difficult choices in restructuring their teaching workforce, with districts often having to consider the elimination of teaching positions. A recent court case...more

Effective January 1, 2014: Amendments To Tenure, RIF And Impasse Bargaining Provisions Of Senate Bill 7

On January 1, 2014, legislative changes made by Public Act 98-0513 (Act) to the tenure, layoff and impasse bargaining process originally set out in Senate Bill 7 will go into effect. - Tenure Portability. The Act...more

Land Tenure Risk: Why it Matters for Companies, Investors, and Communities

Two important new reports focus on land tenure conflicts between companies and communities. In September, the Rights and Resources Initiative released a report entitled, “Global Capital, Local Concessions: A...more

Stealth Lawyer: Clare Dalton, Acupuncturist [Video]

June 19 (Bloomberg) -- Clare Dalton, nationally certified acupuncturist, talks with Bloomberg Law's Spencer Mazyck about her transition from being a law professor at Harvard Law School and Northeastern University School of...more

Court Of Appeal Overturns District’s Dismissal Of Teacher Accused Of Inappropriately Touching A Student

The California Court of Appeal, Fourth Appellate District, recently issued a published decision that overturned a superior court decision in favor of the San Diego Unified School District in a teacher dismissal case. The...more

Appellate Court: Tenured Teachers May be Terminated for “Disability” Without Violating CFEPA

The Connecticut Appellate Court yesterday released two notable employment law decisions. They won’t become “official” until April 30, 2013, so you have some time to digest them. I’ll cover one today and leave the other for a...more

Is Work From Home Counted in Determining FMLA Eligibility?

A recent ruling from the Second Circuit Court of Appeals (“Second Circuit”) has generated a lot of buzz – and potential problems for employers – regarding what hours must be counted in determining whether an employee is...more

Second Circuit Finds That After-Hours Work Is Considered “Hours Worked” For Purposes Of Determining Eligibility For Leave Under...

Donnelly v. Greenburgh Central School Dist. No. 7, No. 11-cv-2448 (2d Cir., Aug. 10, 2012): The plaintiff, a former high school teacher, claimed that the defendants had unlawfully denied him tenure in retaliation for his...more

The Importance Of Accurate Time/Hours Records In The Social Media Age

Just because it’s that I-Can’t-Believe-There’s-One-Week-Left-In-August time of year, doesn’t mean there isn’t some fun and exciting law coming down the pike. An important decision was issued this month by the Second Circuit...more

Second Circuit Determines Teacher Who Worked 1,247 is Eligible under the Family and Medical Leave Act

In Donnelly v. Greenburgh Central School District No. 7, — F.3d —, No. 11-2448-cv, (2d Cir. August 10, 2012), the Second Circuit Court of Appeals reminded employers that keeping accurate records of the hours worked by...more

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