Scenario – Group #3 Scenario – Group #3 Selection of staff Selection of staff Scenario – Group #4 Scenario – Group #4 Ending the relationship Ending the relationship Scenario – Group #5 Scenario – Group #5

A new teacher is hired. Carlos, Anna, Corina, Veronica

Laws that affect the employment relationship (beginning and ending) Constitutional concepts Different employment arrangements Hiring and firing process Legal issues

Due process of law How much process is due?

Due process of law A fundamental, constitutional guarantee that all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity to be heard before the government acts to take away one's life, liberty, or property. Also, a constitutional guarantee that a law shall not be unreasonable, Arbitrary, or capricious.

Due process of law 14 th amendment (and some of 5 th ) says that no state shall deprive a person of life, liberty, or property Rights can be regulated or taken away if due process of law is provided Contractual employee has a property right in the job during the term of the contract. Any effort of the school to terminate the contract prior to its stated date of expiration is a deprivation of property. Thus, some amount of due process of required.

Due process of law Perry v. Sindermann (1972) 1969 academic year, Sindermann became involved in public disagreements with the policies of the Board of Regents as president of the Texas Junior College Teachers Association. In May 1969 Sindermanns one-year contract was terminated and was not renewed. The court decided that Sindermann had alleged enough facts to show that he was entitled to some kind of process and that the lack of a contractual or tenure right taken alone did not defeat his claim that the nonrenewal of his contract violated the 1 st and 14 th Amendments.

Due process of law Means of assuring that decisions made are fair Courts loath intervening in educational personnel disputes – Supreme Court Justice John Paul Stevens quote pg 135 Doesnt guarantee against incorrect or ill-advised personnel decisions US Supreme Court ruled legitimate claim of entitlement

How much process is due? As for the level of formality of due process in a typical employee termination case, the essentials are: 1.The cause or causes of the termination in sufficient detail to fairly enable him/her to show any error that may exist; 2.To be advised of the names and the nature of the testimony of witnessed against him/her;

How much process is due? 3. At a reasonable time after such advice, be given a meaningful opportunity to be heard in his or her own defense; and 4. Be given an opportunity for a hearing before a tribunal that both possesses some academic expertise and has an apparent impartiality

How much process is due? Wells v. Dallas While watching TV news broadcast one evening in September 1979, Weldon Wells learned that he had been fired from his post as Assistant Superintendent of Support Services for the Dallas Independent School District (DISD). $1.9 million damages award, the district court reduced the award to $250,000 on remittitur. 1. Negligence and misconduct in the management and supervision 2. Insubordination in the execution of a management contract 3. Negligence and mismanagement 4. Approval by you and payments for unreasonable/excessive charges 5. Failure to ensure adequate job site supervision 6. Attempting, by intimidation or other means, to acquire principals 7. Failing to maintain adequate procedural and other safeguards 8. Abuse and misuse of the emergency contract procedures

The new teacher is seen demeaning a student. Paul, Becky, Crystal, Woody

At-will employment Non-chapter 21 contracts Probationary contracts Term contracts Continuing contracts Third party independent contract educators and retired/rehire

At-will employment either the employer or employee is free to end the relationship at any time and for almost any reason The employee has no contractual obligation to work for the employer for a set period of time the employer does not guarantee the employee continued employment for a set period of time

Non-chapter 21 contracts The Superintendent may designate specific professional positions, that require a professional license under the Texas Occupational Code to which Chapter 21term contract provisions shall apply. Such contracts shall be approved by the Board: licensed specialists in school psychology, licensed professional counselors, occupational therapists, physical therapists, and speech language pathologists.

Probationary contracts first year teachers who are fully certified serve a probationary period eventually splits into term or continuing probationary period can be up to 3years probationary teachers can resign without penalty up to 45 days before the first day of instruction

Term contracts School Board determines positions positions may include: assistant principals, vice principals, associate principals, diagnosticians, librarians, athletic directors/coordinators, and positions that supervise certified professionals Length of contract can be up to 5 school years Key factor: lays out a beginning and ending date Resign forty-five days prior to instruction

Continuing contracts Automatically rolls over from one year to the next without the necessity of board action No specific length of time Contract remains in effect until the teacher resigns, retires, is terminated, or is returned to probationary status

Third party independent contract educators and retired/rehire Private companies offered to provide teachers for public school districts Baby boom generation of teachers nearing retirement (TRS) Retire, begin drawing benefits, and then go to work at a salary equivalent to or better than what they had been making

The new teacher has a complaining parent conference. Lizardo, Dawn, Rhonda, Shelly

Certification and the role of SBEC Nondiscrimination Laws The Hiring Process Criminal Records Restrictions on employments

Certification and the role of SBEC P ower to adopt rules specify the various classes for educators certification. The rules for out state educators. The disciplinary procedures by which the certification may be revoked. Restrictions : SBEC must appoint an advisory committee with respect to each class of educators certification. Rules adopted by SBEC and review by SBOE

Nondiscrimination laws law apply to all employees, regardless of contractual status. the laws that prohibit discrimination have implications for hiring process itself. sexual harassment

The Hiring Process The Board and the Superintendent The Principal and Central Office/District Final Placement Authority

Criminal Records Background Check 2007 Responsibility (SBEC & District) Fire or Refuse to Hire What If?

3 Employment Restrictions Public school employees may not hold two legally incompatible offices. Related Family members (by blood/ by marriage) Employees Residence Is it legal?

The new teacher has a complaining parent conference. Lizardo, Dawn, Rhonda, Shelly

At-will employment Probationary contracts Term contracts The independent hearing system Good Cause Constructive discharge

Good Cause The school district is justified in breaking off its contractual commitment to the teacher. Harmful conduct Sexual misconduct Insubordination or refusal Misappropriation of funds Williamson vs. Dallas I.S.D. Humphrey vs. Westwood I.S.D.

The independent hearing system A teacher is entitled to a hearing concerning any termination of contract. A written request within 15 days The right to legal representation To hear the evidence for charges To present evidence To Cross-examine witnesses Private hearing unless requested

At-will employment Can be terminated at any time, and is not entitled to any pretermination form of due process. Due Process doe not apply Contract renewal/nonrenewal State and Federal Mandates Lake vs. Dripping Springs I.S.D. Fabela vs. Socorro I.S.D. So Can?

Probationary contracts Intent to make easy to terminate the relationship between the teacher and school district Gives notice to teacher of its decision to terminate employment No specific reason is required Law does not require district to afford teacher a hearing, although they could choose to do so Boards decision is final and may not be appealed

Term Contracts Renew\\Non-Renew\\Terminate the Contract Non-Renewal 45 day notice or automatically renewed Board policy must state reasons Notice to teacher should have list Entitled to a hearing Freeland vs. Pasadena I.S.D.

Contract Termination Districts have the power to terminate prior to the end of the contract for good cause or reduction in personnel. Teachers entitled to full due process hearing Suspension without Pay Professional Capacity Dual-Assignment Contracts Remedies Reduction in Force

Constructive discharge Is when an employee resigns and then claims that the resignation was not voluntary. The Court notes several factors: Demotion Reduction salary/responsibility Reassignment Badgering, harassment, humiliation Early retirement

The new teacher is fired. Wendell, Amanda, Julieta