Teachers and The Law 7 th Chapter 2 Do I Have A Contract? Fischer, Schimmel, Stellman PowerPoint Presentation Gerri Spinella Ed.D. Elizabeth McDonald Ed.D. This multimedia product and its contents are protected under copyright law. The following are prohibited by law: any public performance or display, including transmission of any image over a network; preparation of any derivative work, including the extraction, in whole or in part, of my images; any rental, lease, or lending of the program.

Copyright © Allyn & Bacon 2007 What are the legal implications of a teaching contract? Chapter 2 Do I Have A Contract? Essential Question

Copyright © Allyn & Bacon 2007 Key Concepts Chapter 1-Teachers and the Legal System Creating a Contract Express and Implied Contracts Key Concepts Chapter 2 – Do I Have A Contract? Breach of Contract

Copyright © Allyn & Bacon 2007 KEY Terms Chapter 2 – Do I Have A Contract Contract (16) Meeting of the Minds (16) Express Contract (17) Implied Contract (17) Unilateral Contract (17) Breach of Contract (18-19) Damages (21) Impossibility of Performance (22) Termination (22)

Copyright © Allyn & Bacon 2007 Case Presentation The Loup Case The Loup Case

Copyright © Allyn & Bacon 2007 A legal contract requires the following conditions: A contract is binding on both parties. State statutes vary  Legal subject matter  Meeting of minds of both parties  Valid consideration  Competent Parties  Definite Terms  Approved by the School Board Each will be legally liable if obligations are not met.  States carry the basic responsibility for education  State minimum requirements  Written contracts vary Creating a Contract Express or Implied Contract

Copyright © Allyn & Bacon 2007 Local School Boards Hire Teachers Most school boards- written contracts Issue contracts to individuals who have valid teaching certificates Issue provisional contracts for shortage areas; complete requirements for certification 1 year (based upon criteria of non- misconduct); may be renewed each year Educational Requirements Absence of Criminal Background Completion of National Teacher Examination Contracts Collective Bargaining Negotiations Employment Conditions (wage, salaries, benefits, extra-duty pay scales) Stipulations (assignment, transfer, promotion, class size and length of school calendar)

Copyright © Allyn & Bacon 2007  Only Boards of Education can hire teachers Oral contracts can be legally binding Quasi contract – implied in law. Conditions in a contract cannot be changed after it is in effect Liquidated damages – difficult to determine the $ of a breach of contract Writs of Mandamus – force school officials to comply with a contract Injunction – court order. Key Concepts Chapter 2 – Do I Have A Contract?

Copyright © Allyn & Bacon 2007 Breach of Contract SchoolTeacher Change terms of contract after effect Refuses to accept position Abandons the position Legal Consequences Damages (Money) Liquidated Damages Clauses Revocation/Suspension -License (States Vary) Impossibility of Performance Other Legal Ramification Injunction Writ of Mandamus

Copyright © Allyn & Bacon 2007 Analysis of The Loup Case Analysis of The Loup Case

Copyright © Allyn & Bacon 2007 Initial Proceedings Complaint Facts of claim by plaintiff seeks Defendant Answers (30 days) or motion to dismiss Discovery Begins Step by Step In The Court System OUTCOME EDUCATIONAL IMPLICATION Interrogatories Depositions Document Requests Settlement Conference

Copyright © Allyn & Bacon 2007 Chapter 2 Do I Have A Contract? Reflection Knowing the role of contracts in education, how does this knowledge enable teachers and administrators to use this agreement effectively in their schools and districts?