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:
Salary, Period of Time of Employment, Duties & Responsibilities

2. 3. 4. 5.

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

Tenure Contracts
Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7

Teacher Employment Contracts
(Year of Tenure Varies by State)

Year 1

Year 2

Year 3

Year 4

Year 5

Year 6

Year 7

Term Contract

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
• 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.

Excellent Satisfactory Unsatisfactory

• 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
161.790 1. 2. 3. 4. 5. 6. Insubordination Immoral Character Physical or Mental Disability Inefficiency, Incompetency, & Neglect of Duty

Insubordination

Neglect of Duty

Unprofessional Conduct

Other Good and Just Cause
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) Disability
The Protected Classes of Discrimination in Employment National Origin

Protected Classes: State must prove a compelling interest and that it was narrowly tailored.
Legend Title VII Equal Pay Act Age Discrim. in Employment Act Sec. 504 of Rehabilitation Act Americans with Disabilities Act
EDL 628 School Law and Ethics

Age

Religion

Sex

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
• 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

Age 40

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

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