[§302A-609]  Causes for discharge or
demotion; preferred eligibility list.  Causes for the discharge or demotion
of a teacher shall be inefficiency or immorality; wilful violations of policies
and rules of the department; or for other good and just cause.  The department,
without a hearing, may terminate the tenure rights of a teacher who fails to
return to service, except when caused by illness, following the expiration of
an approved leave of absence.  Teachers may also be dismissed because of a
decrease in the number of pupils or for other causes over which the department
has no control.  Dismissals due to a decrease in the number of pupils or for
causes over which the department has no control shall begin with those teachers
with the least number of years of service.  The teachers so dismissed shall be
placed on a preferred eligibility list and shall have the right to be restored
to duty in the order of length of service whenever vacancies occur in which the
teacher is qualified. [L 1996, c 89, pt of §2]



 



Attorney General Opinions



 



  Bargained for random drug testing program for public school
teachers with appropriate procedural protections is constitutional and would
not violate either the federal or state Constitution.  If a court were to find
such a program to violate either the federal or state Constitution, the
doctrine of qualified immunity would bar personal liability for any state
official; if a court were to impose personal liability, based upon past history
and practice, the legislature would fund payment of the claims.  Att. Gen. Op.
08-1.