The Constitutional Challenge To Teacher Tenure
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The Constitutional Challenge To Teacher Tenure
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Author : Derek W. Black
language : en
Publisher:
Release Date : 2015
The Constitutional Challenge To Teacher Tenure written by Derek W. Black and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with categories.
In 2012, education reformers theorized a novel constitutional strategy to eliminate tenure. They argued that tenure leads to the retention of ineffective teachers, and that ineffective teaching deprives students of the constitutional right to education embedded in state constitutions. This theory immediately caught hold, with a California trial court striking down tenure in 2014 and litigation commencing in other states weeks thereafter. The outcome of this litigation movement will determine both the future of the teaching profession and the scope of the constitutional right to education. To date, however, no high court or scholar has thoroughly analyzed the theory. This article offers that first analysis, concluding that the constitutional challenge to tenure raises a theoretically valid claim, but lacks a sufficient empirical basis. At the theoretical level, the tenure challenge easily falls within broadly worded precedent that establishes students' constitutional right to an equal and adequate education. If ineffective teaching deprives students of equal or adequate education, state constitutions should protect against it. But in the context of school funding cases -- where the relevant precedent was first developed -- courts have demanded that litigants precisely demonstrate multiple aspects of causation and harm. Evidence on those points is lacking in regard to tenure. This split between theory and fact requires courts to proceed cautiously. Rejecting current tenure challenges on their face would unfairly prejudice future legal challenges to teacher quality, particularly those predicated on potential empirical advances in social science. A facial rejection would also require courts to narrow the existing scope of the constitutional right to education. This narrowing would negatively affect education rights in other important and developing contexts. The solution is to insist on more detailed evidence to support plaintiffs' causal theories and presumed remedies. By doing so, courts can validate students' constitutional right to education without venturing into unsettled policy debates.
Recent Court Decisions On Teacher Tenure
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Author : National Education Association of the United States. Committee on Tenure
language : en
Publisher:
Release Date : 1935
Recent Court Decisions On Teacher Tenure written by National Education Association of the United States. Committee on Tenure and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1935 with Teachers categories.
Recent Court Decisions On Teacher Tenure
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Author :
language : en
Publisher:
Release Date : 1935
Recent Court Decisions On Teacher Tenure written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1935 with Teachers categories.
Analysis Of Teacher Tenure Provisions State And Local
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Author : National Education Association of the United States. Committee on Tenure and Academic Freedom
language : en
Publisher:
Release Date : 1954
Analysis Of Teacher Tenure Provisions State And Local written by National Education Association of the United States. Committee on Tenure and Academic Freedom and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1954 with Teachers categories.
Education Law
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Author : Derek Black
language : en
Publisher: Aspen Publishing
Release Date : 2021-01-31
Education Law written by Derek Black and has been published by Aspen Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-01-31 with Law categories.
Written by Derek Black, one of the nation’s foremost experts in education law and policy, and Education Law Association’s 2015 Goldberg Award for Most Significant Publication in Education Law recipient, this third edition casebook develops Education Law through the themes of equality, fairness, and reform. The book focuses on the laws of equal educational opportunity for various disadvantaged student populations, recent reform movements designed to improve education, and the general constitutional rights that extend to all students. New to the Third Edition: Updates on litigation regarding the fundamental right to education, school funding, and their intersection with COVID-19 issues New cases and analysis on the rights of LGBTQ youth, including Bostock v. Clayton County Department of Education’s new regulatory structure for investigating and resolving sexual harassment claims Two new U.S. Supreme Court special education cases defining the meaning of “free and appropriation public education” and the intersection of Rehabilitation Act with the Individuals with Disabilities in Education Act New cases on student walkouts and protests New U.S. Supreme Court case, Espinoza v. Montana, on vouchers and the free exercise of religion New analysis and updates on the Every Student Succeeds Act New materials on the U.S. Supreme Court’s decision striking down mandatory teacher union fees Professors and student will benefit from: Efficient presentation of cases—to permit more comprehensive inclusion of case law and issues Problems—which can be modified for group exercises, in-class discussion, or out-of-class writing assignments Contextualization and situation of case law in the broader education world—by including edited versions of federal policy guidelines, seminal law review articles, social science studies, and organization reports and studies Careful editing of cases and secondary sources—for ease of reading and comprehension Narrative introductions to every chapter, major section, and case—synthesize and foreshadow the material to improve student comprehension and retention Teaching materials Include: Teacher’s Manual
Teacher Tenure Legislation And Its Effects
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Author : Women's Legislative Council of Maine. Committee on Tenure
language : en
Publisher:
Release Date : 1941
Teacher Tenure Legislation And Its Effects written by Women's Legislative Council of Maine. Committee on Tenure and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1941 with Teachers categories.
Necessary Basis Of The Teacher S Tenure
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Author : Andrew Sloan Draper
language : en
Publisher:
Release Date : 1912
Necessary Basis Of The Teacher S Tenure written by Andrew Sloan Draper and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1912 with Teachers categories.
Court Decisions On Teacher Tenure
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Author : National Education Association of the United States. Committee on Tenure and Academic Freedom
language : en
Publisher:
Release Date :
Court Decisions On Teacher Tenure written by National Education Association of the United States. Committee on Tenure and Academic Freedom and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on with Teachers categories.
Recent Court Decisions On Teacher Tenure
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Author : National Education Association of the United States. Committee on Tenure and Academic Freedom
language : en
Publisher:
Release Date : 1952
Recent Court Decisions On Teacher Tenure written by National Education Association of the United States. Committee on Tenure and Academic Freedom and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1952 with Teachers categories.
Court Decisions On Teacher Tenure
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Author :
language : en
Publisher:
Release Date : 1948
Court Decisions On Teacher Tenure written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1948 with Teachers categories.