Federal Constitutional and Statutory Rights of School Employees
Now begins a series of three chapters discussing the legal framework of the relationship between schools and their employees. The law concerning the school’s treatment of its employees emanates from many sources-state and federal constitutional provisions, state and federal statutes, and the common law. For example, the dismissal of a tenured teacher must be for reasons specified in state law and follow procedures required by state law, the teacher’s contract, the collective bargaining agreement, and the Constitution’s Due Process Clause. The dismissal may not violate the free speech or other constitutional rights of the teacher or federal or state statutes prohibiting various forms of discrimination in employment. This chapter examines the federal constitutional and statutory rights of teachers and other employees. Chapter 10 deals with employment and personnel issues like hiring, evaluation, and dismissal. Chapter 11 looks at collective bargaining, contracts, and the role of professional unions.