EDL – 628 School Law and Ethics Justin Bathon Fall 2008
Teacher Issues EDL 628 School Law and Ethics
Think Now: 1. In a sentence, what is the difference between a tenure contract and a term contract? 2. Name three protected classes of teachers that Title VII protects against discrimination. 3. T/F: Schools may never dismiss a tenured teacher without showing cause and providing the teacher a hearing. EDL 628 School Law and Ethics
A Contract • Minimum Requirements for a Contract: 1. Offer & Acceptance •
Offer Must Include: –
2. 3. 4. 5.
Salary, Period of Time of Employment, Duties & Responsibilities
Competent Parties Consideration Legal Subject Matter Proper Form
• Use your legal counsel to write model contracts or to review contracts. EDL 628 School Law and Ethics
Term & Tenure Contracts Term Contracts Year 1
Year 2
Year 3
Year 4
Year 5
Year 6
Year 7
Year 5
Year 6
Year 7
Year 6
Year 7
Tenure Contracts Year 1
Year 2
Year 3
Year 4
Teacher Employment Contracts (Year of Tenure Varies by State)
Year 1
Year 2
Year 3
Term Contract
Year 4
Year 5
Tenure Contract EDL 628 School Law and Ethics
Tenure • “Continuing Service Status” • 161.740
– After the 4th continuous year in the same district
• Transferring Tenure – Goes with you, with 1 year probationary period.
• “Limited Contracts” – Non-tenured teachers – 161.750 – April 30 non-renewal deadline EDL 628 School Law and Ethics
Conditions of Employment Certification Residency Citizenship
Health & Physical Requirements EDL 628 School Law and Ethics
Collective Bargaining Agreements
EDL 628 School Law and Ethics
EDL 628 School Law and Ethics
Evaluating Teachers
Excellent Satisfactory Unsatisfactory
• 704 KAR 3:345 • When to Evaluate • Must a school develop and follow an evaluation plan? – Yes, at least for tenured teachers to put them on notice of the evaluation criteria.
• Who to evaluate … EDL 628 School Law and Ethics
Due Process No state shall …“deprive any person of life, liberty, or property without due process of law.”
Granted Due Process
Not Granted Due Process
Property Interest
Liberty Interest EDL 628 School Law and Ethics
Nonrenewal • There is no constitutional right because there is no expectation of a property or liberty interest. • Nonrenewal Procedures – Follow all evaluation guidelines in law or CBA – Give notice of non-renewal 45 days before school ends (April 1)
• Do we have to provide a reason for the nonrenewal? Should you? EDL 628 School Law and Ethics
Termination for Cause Incompetency
Immorality
Insubordination
Neglect of Duty
Unprofessional Conduct
Other Good and Just Cause
161.790 1. 2. 3. 4. 5. 6.
Insubordination Immoral Character Physical or Mental Disability Inefficiency, Incompetency, & Neglect of Duty
EDL 628 School Law and Ethics
Due Process Requirements Notice of Charges
A Hearing
Access to Evidence
Legal Counsel
Present Evidence and Witnesses
Opportunity to Cross-Examine
Decision from Board
Transcript of Record
Opportunity to Appeal
Minimal Procedural Requirements EDL 628 School Law and Ethics
Tenure & RIFs • Reduction in Force – 161.800 – Decreasing the Number of Teachers – Probationary Teachers in RIFed position must go first – Then, tenured teachers in same position. EDL 628 School Law and Ethics
EDL 628 School Law and Ethics
Race (Color) National Origin
Disability
Age
The Protected Classes of Discrimination in Employment
Sex
Protected Classes: State must prove a compelling interest and that it was narrowly tailored. Legend Title VII Equal Pay Act
Religion
Age Discrim. in Employment Act Sec. 504 of Rehabilitation Act Americans with Disabilities Act EDL 628 School Law and Ethics
When is Discrimination Allowed? Protected Classes: State must prove a compelling interest and that it was narrowly tailored.
• Bona Fide Occupational Qualifications (BFOQ) – A member of a particular class is necessary for the normal operation of the position.
• What are some BFOQ’s? – Must be Catholic to be a principal in a Catholic School. – Must be Female to teach girls P.E. – Must be able to lift 60 lbs. to work in shipping & receiving – Must be able to type 40 words per minute. EDL 628 School Law and Ethics
Age Discrimination
Age 40
• Could a school district impose age requirements for its teaching staff? • Who does the ADEA protect? • Do incentives based retirement plans violate this Act? EDL 628 School Law and Ethics
Disability Discrimination • “Physical or mental impairment that substantially limits one or more major life activities.” – Has a record of impairment – Is regarded as having an impairment
• Reasonable Accommodations – If the person with a disability could perform the job with a reasonable accommodation, denying the person the position is a violation of the ADA. – When are reasonable accommodations not necessary? If there is an Undue Hardship. EDL 628 School Law and Ethics
Gender Discrimination & The Equal Pay Act • If claiming under Title VII, use procedures mentioned above. • Pay shall not be different for people of the opposite sex that are “equal work on jobs the performance of which requires equal skill, effort, and responsibility, and that are performed under similar working conditions.” • Pay may be different when required by: – – – –
A seniority system A merit system A quota system Or based on any other [legitimate] factor other than sex. EDL 628 School Law and Ethics
Pregnancy Discrimination • Under the Pregnancy Discrimination Act, employers may not discriminate based on pregnancy, childbirth, or related medical conditions. • What if an employer has a forced maternity policy? • Can pregnancy become a disability and trigger disability laws? • What governs how women who are pregnant (and not disabled) take time off? • Is pregnancy an interruption for purposes of seniority? EDL 628 School Law and Ethics