Professional Rights and Responsibilities of Educators Presented by Kyle Farmer and Scott Smith MSTA Staff Attorneys

CONTRACT ISSUES Terms and conditions of a teaching contract Probationary v. Tenured Non-Renewal v. Termination Extra Duty Contracts

ANNUAL CONTRACT CHECKLIST Correct placement on the salary schedule Correct payment based on contract Beginning date and length of contract

EARNING TENURE Five successive years teaching in the same district Waive year towards tenure with 2 years experience in another district Principal that earned tenure as a teacher in the district Part time teachers earn credit on prorated basis

GROUNDS FOR TERMINATION OF CERTIFIED TEACHERS Physical or mental unfitness to instruct or associate with children Immoral conduct Incompetency, inefficiency or insurbordination in the line of duty Willful or persistent violation of or failure to obey school laws or published regulations of the school board Excessive or unreasonable absence from performance of duties Conviction of a felony or a crime involving moral turpitude

DUE PROCESS Never resign “on the spot” District must provide Written notice of charges Curative period (for certain charges) Notice of a hearing Public hearing by the board of education Applies to tenured teachers & probationary teachers during the term of a contract

MANDATORY REPORTING OF CHILD ABUSE AND NEGLECT If you have reasonable cause to suspect abuse or neglect you must report to the Children’s Division immediately District cannot prevent reporting & must make reporting possible Special rule for alleged sexual misconduct by a school employee

TECHNOLOGY ISSUES District policy on acceptable use (personal & professional) Security Discipline of students Social networking

HANDLING MEETINGS & CONSTRUCTIVE CRITICISM Ask to have an MSTA representative present Be professional & stay focused on the current issue Principal’s opinion carries a lot of weight Be willing to offer positive alternatives Ask for clarification on any paperwork Signing documents = acknowledging receipt

Documentation What do we mean by “documentation”? What should you document? How should you document? Examples

SIMPLE WAYS TO LIMIT LIABILITY Document, document, document Do not transport kids in your own vehicle Avoid being alone with a single student Know and comply with board policies and school handbooks & manuals Respect confidentiality Never leave students unattended

SIMPLE WAYS TO LIMIT LIABILITY Apply all rules consistently & uniformally Follow all safety precautions (sign in procedures, visitor passes, fire drills, etc) Do not be afraid to ask questions

COMMON EDUCATOR PROBLEMS Failure to make adequate progress when competency is questioned Violation of board policies or administrator directives Inability to accept or embrace change Ineffective communication and diplomacy skills

COMMON EDUCATOR PROBLEMS Inability to recognize and maintain appropriate professional boundaries Failure to recognize & abide by local morality standards Inability or refusal to play well with others

COMMON EDUCATOR PROBLEMS ZERO TOLERANCE MISCONDUCT Situations involving alcohol, drugs or weapons Sexual contact with students Inappropriate touching, sexual innuendo or jokes Misuse of district technology Duct tape

HELP US HELP YOU Do not wait until the last minute to seek assistance Take notes and document circumstances Request all appropriate documents (contracts, policies, etc) Call MSTA so we can determine the appropriate person to provide assistance All cases are handled individually, confidentially and with the member’s consent

RESOURCES MSTA: 800-392-0532 or www.msta.org MISSOURI STATUTES: http://www.moga.mo.gov/mostatutes/statutesAna.html DEPARTMENT OF ELEMENTARY & SECONDARY EDUCATION: dese.mo.gov DEPARTMENT OF LABOR & INDUSTRIAL RELATIONS: labor.mo.gov AMERICANS WITH DISABILITIES ACT: www.ada.gov FAMILY EDUCATIONAL RIGHTS & PRIVACY ACT: www.ed.gov/policy/gen/guid/fpco/ferpa/index.html FAMILY AND MEDICAL LEAVE ACT: www.dol.gov/whd/fmla/index.htm