ABSTRACT

Chapter 9 examined the federal constitutional and statutory law that forms the foundation of a school’s relationship to its teachers and other employees. This chapter focuses directly on teacher personnel issues: certification, hiring, job assignment, transfer, evaluation, non-renewal, and dismissal. The primary sources of law for the topics examined in this chapter are the statutes of the fifty states, although the Constitution is also relevant, particularly the Due Process Clause of the Fourteenth Amendment. In recent years, several states have significantly changed their laws regarding the evaluation of teachers, the length of probation, pay, and tenure, among other topics, thus further increasing the differences among the states regarding the laws of teacher employment. Because of these inter-state differences, instructors and practitioners should supplement the material in this chapter with the relevant statutes of their home state.