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, nonrenewal, and dismissal. The primary source of law for the topics examined in this chapter is the statutes of the fifty states, although the Constitution is also relevant, particularly the Due Process Clause of the Fourteenth Amendment. Although the principles and cases presented are consistent with the law of most states, it must be remembered that personnel statutes and interpretations do vary across states, sometimes considerably. Therefore, practitioners should supplement the materials in this chapter with the relevant statutes of their state.