Abstract:
In the field of education, the public school board of education is charged with the authority to meet the requirements that are set forth according to the laws that govern education within each state. Public school boards receive the authority to establish and administer policy through delegation by state legislatures, pursuant to provisions in state constitutions. It is the personnel employed by the school boards that must carry out the functions of education at the local levels. School boards entrust the personnel they employ with the responsibility of carrying out the functions in providing the necessary academic and social elements of public education. Public school boards and the personnel they employ forge an interesting role that is interdependent on the authority and rights that are extended to both. The policies of education for public school boards and personnel may not be enforced capriciously or arbitrarily and must be based upon legal authority as extended by federal and state constitutional statutory provisions. The problem of this research study was the legal challenges of public school board authority with respect to personnel matters. There is a plethora of litigation on this topic that has occurred within the judicial system of the United States. Though the reasons for this vast litigation are varied, much of it exists due to the legislative nature of public school boards and the interpretation of the delegated authority that is bestowed upon school boards. It is significant for school board members and public school administrators to understand the legal parameters associated with public school board authority with respect to personnel. These individuals must recognize school board authority, while also realizing that the limits of such authority are noted and addressed accordingly by the state and federal judicial systems. The purpose of this study is to examine the body of litigation for public school boards of education and their authority with respect to personnel for the years of 1981-2008. The cases were briefed and analyzed for issues, outcomes, and trends. The information gained from the issues, outcomes, and trends was used to create guiding principles for local school administrators.
