Teacher Litigation and its Implications for Teachers Legal Literacy

Abstract

TO explore the relationship between teachers' knowledge of school law and their involvement in litigation, this study examined cases between 2000 and 2008 involving teachers who faced some adverse employment consequence. A total of 130 published cases were analyzed revealing the following: School districts and other school authorities prevail in the majority of cases; more litigation occurs in state courts rather than federal; cases consider a variety of legal issues and theories, both constitutional and statutory; teachers secured positive outcomes slightly more often in state venues; and there may be a shift in courts' analysis of cases involving teacher speech. In addition, this article presents illustrative cases that could have arguably been avoided by better legal literacy.

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