$200 $400 $600 $800 $1000 $200 $400 $600 $800 $1000 $200 $400 $600 $800 $1000 $200 $400 $600 $800 $1000 Legal Context & Race/Sex Discrimination Age, Religion, & Disability Discrimination Tenure & Employment of Teachers State Tenure Commission & Part-Time Employment $200 $400 $600 $800 $1000 Teacher Accountability Act

Legal Context & Race/Sex Discrimination Age, Religion, & Disability Discrimination Tenure & Employment of Teachers State Tenure Commission & Part-Time Employment $200 $400 $600 $800 $1000 $200 $400 $600 $800 $1000 $200 $400 $600 $800 $1000 $200 $600 $800 $400 $1000 Teacher Accountability Act $200 $600 $800 $400 $1000

Legal Context & Race/Sex Discrimination $200 What is the difference between facial discrimination and facially neutral discrimination?

Legal Context & Race/Sex Discrimination $400 If a law facially discriminates, what are the three forms of scrutiny used to determine constitutionality?

Legal Context & Race/Sex Discrimination $600 What governmental agency is responsible for enforcing Title VII of the Civil Rights Act of 1964?

Legal Context & Race/Sex Discrimination $800 Courts have prohibited the use of ______________ plans that provide a discriminatory “preference” rather than an “equal opportunity.”

Legal Context & Race/Sex Discrimination $1000 What are the two categories of sexual harrasment?

Legal Context & Race/Sex Discrimination $200 - Answer Facial discrimination is intentional and facially neutral discrimination is ostensibly nondiscriminatory, but is a pretext for discrimination.

Legal Context & Race/Sex Discrimination $400 - Answer Strict, intermediate, and rational-based

Legal Context & Race/Sex Discrimination $600 - Answer Equal Employment Opportunity Commission (EEOC)

Legal Context & Race/Sex Discrimination $800 - Answer Affirmative action

Legal Context & Race/Sex Discrimination $ Answer Quid pro quo and hostile environment

Age, Religion, & Disability Discrimination $200 What can claims for age discrimination be filed under?

Age, Religion, & Disability Discrimination $400 What legislation states that benefits such as retirement, health care, dental, and eye care are not generally available to children of same-sex partners unless the child has been legally adopted by the employee?

Age, Religion, & Disability Discrimination $600 A person’s religious affiliation should not be considered when making an employment decision, because it is not a ___________________.

Age, Religion, & Disability Discrimination $800 What are three of the major life activities identified by the Equal Employment Opportunity Commission (EEOC) in the Americans with Disabilities Act (ADA)?

Age, Religion, & Disability Discrimination $1000 Knowing that people with disabilities must be able to perform all essential functions of a position, what are two examples of reasonable accommodations that can be made within the work setting?

Age, Religion, & Disability Discrimination $200 - Answer The Equal Protection Clause (any age), the Age Discrimination in Employment Act (ADEA) of 1967, and state statutes

Age, Religion, & Disability Discrimination $400 - Answer The Defense of Marriage Act of 1996

Age, Religion, & Disability Discrimination $600 - Answer Bona fide occupational qualification

Age, Religion, & Disability Discrimination $800 - Answer Walking, speaking, hearing, seeing, breathing, learning, and working

Age, Religion, & Disability Discrimination $ Answer Making necessary facilities accessible, restructuring work schedules, acquiring or modifying equipment, or providing readers or interpreters

Tenure & Employment of Teachers $200 How does an instructor promoted to principal/supervisor attain continuing service status?

Tenure & Employment of Teachers $400 When the superintendent recommends and the employing board of education votes to “effectuate” a transfer of a teacher on continuing service, the teacher can choose to contest the transfer. What action must he/she take to contest the transfer?

Tenure & Employment of Teachers $600 Name three reasons why a tenured teacher’s contract may be cancelled.

Tenure & Employment of Teachers $800 A teacher may be suspended for more than _____ days without pay for a major suspension and less than _____ days without pay for a minor suspension.

Tenure & Employment of Teachers $1000 When a teacher on continuing service status is denied a hearing before the local board of education, to whom should he/she appeal?

Tenure & Employment of Teachers $200 - Answer The person must serve for three consecutive years are principal or supervisor to attain continuing service status as a principal or supervisor.

Also Note: The status of continuing service of teacher as an instructor is not affected by the promotion to principal or supervisor. If the instructor is “not retained as principal or supervisor,” his/her salary is reduced to reflect the county or city school systems salary schedule. By the end of the school term, superintendents should submit a list of teachers who are recommended for continuing service status to the Board of Education. Failure to submit the list does not affect the continuing service status of the teacher.

Tenure & Employment of Teachers $400 - Answer File a written demand to the superintendent for a hearing before the employing board within 15 days after the receipt of the superintendent’s notice of the transfer.

Once the teacher receives the notice required in Section , he/she may elect to file a written demand to the superintendent for a hearing before the employing board. The teacher’s notice must be received by the superintendent within 15 days after the receipt of superintendent’s notice. The transfer is considered final if the teacher does not file a demand for a hearing within 15 days after receipt of the notice to transfer. If a teacher elects to file a demand for a hearing before the employing board, the hearing should be held within 30 days after the receipt of the notice to transfer. “At the hearing, which shall be public or private at the discretion of the teacher, each party may appear with /without counsel, may be heard and present the testimony of witnesses and other evidence and;/or information bearing upon the reasons for the proposed transfer and may cross examine the adverse witnesses.” The board or its authorized representative can issue subpoenas, administer oaths for witness to supply evidence or testify under oath in support of the charges or for the benefit of the teacher.

If a person does not obey the subpoena, the board or its authorized representative may seek the assistance of the circuit court to gain evidence, testimony, information, etc. “Upon proper showing, the court shall issue a subpoena or order requiring the person to appear before the board or its representative and produce evidence and/or information and give testimony relating to the matter at issue.” Failure to obey the court’s subpoena is punishable by the court as for contempt. Fees for the court reporter to keep and transcribe records at the hearing are paid by the State Department of Ed.; the school district bears the responsibility of to employ a competent court reporter. After each side presents its case at the hearing, the employing board makes a decision by majority vote to transfer or not to transfer the teacher; the board may elect delay vote for a later time, not to exceed five days. If the board’s vote dictates that the transfer is to be put into effect, within 10 days the superintendent sends written notice (requiring the teacher’s signature) of the board’s decision. The written notice also informs the teacher of his/her right to contest the transfer in writing to the superintendent within 15 days of receipt of notice.

Tenure & Employment of Teachers $600 - Answer Incompetency Insubordination Neglect of duty Immorality Failure to perform duties in a satisfactory manner Justifiable decrease in the number of teaching positions Other good and just cause Note: Cancellation cannot be made for political or personal reasons.

If the teacher elects to contest the decision of the board as described in Sec , the hearing officer should be selected as provided in section b of Section Upon selection, the hearing officer gives each party notice of the date/time for the hearing: the date should be not less than 30 days and no more than 60 days following the appointment of the hearing officer. If the either party disagrees in regard to the location of the hearing, the hearing officer will determine the location within the jurisdiction of the employing board. Each party should submit to the hearing officer and the opposing party documents supportive of or in contravention to the action and a list of witnesses to be called at the hearing. This documentation should be submitted no less than 30 days before such date of the hearing. The witness list and documents may be amended at any time prior to five days before the hearing. The expense for the court reporter lies with the State Board of Education. The hearing officer has the power to administer oaths, issue subpoenas for the attendance of witnesses and production of evidence/information relevant to the issue at hand. If a person refused to obey the subpoenas, the board or its authorized representative may invoke the assistance of the circuit court. The hearing officer shall conduct a de novo (a new review) hearing and make a decision based on the evidence submitted to the hearing officer. The hearing officer shall determine which of the following actions should be taken: cancellation of employment contract, suspension of the employee, with or without pay, a reprimand, other disciplinary action, or no action again the employee. The written decision from the hearing officer with finding of fact and conclusion of law should be rendered within 30 days after the hearing. Expenses of the hearing officer are paid by the State Department of Education.

Tenure & Employment of Teachers $800 - Answer A teacher may be suspended for more than seven days without pay for a major suspension and less than seven days without pay for a minor suspension.

Similarities Cannot be for personal or political reasons. The employing boards meeting can be held no less than 20 days and no more than 30 days after receipt of the superintendent’s written notice to the teacher. The teacher had 15 days to file a written request to the superintendent for a conference with the board. Differences No witness list is needed for the hearing of minor suspensions. The hearing officer considers the case on written submissions in hearings of minor suspension. In major suspensions, either party can appeal the final decision of the hearing officer to the Alabama Court of Civil Appeals within 21 days of receipt hearing officer’s written notice.

Tenure & Employment of Teachers $ Answer Chief Administrative Law Judge of the Office of Administrative Hearings, Division of Administrative Law Judge of the Office of Administrative Hearings, Division of Administrative Law Judges, Office of the Attorney General

The local board may respond in writing the facts of the appeal. Failure to respond establishes the facts set out in the appeal are taken as true. The judge will review the information, with or without a hearing. Based on the judge’s findings, he/she will order a hearing before the local board, determine that a violation occurred in the teacher’s transfer, suspension, dismissal and rescind the action taken by the employing board, or sustain the action taken by the employing board. The judge’s action is final.

State Tenure Commission & Part-Time Employment $200 In 2004, the Legislature passed Act , which streamlined the appeals process for tenured teachers and repealed sections to of the Code of Alabama regarding the State Tenure Commission. According to the new Act, who oversees appeal hearings regarding transfers, terminations, and suspensions?

State Tenure Commission & Part-Time Employment $400 As established in section , what type of certification must a part time teacher possess?

State Tenure Commission & Part-Time Employment $600 What is the rate of pay for part-time employees?

State Tenure Commission & Part-Time Employment $800 What is the hourly standard that is considered to be full-time employment as established in section ?

State Tenure Commission & Part-Time Employment $1000 Section requires local boards to submit an annual report of part-time teachers employed on a regular basis. What two categories must these teachers be disaggregated into?

State Tenure Commission & Part-Time Employment $200 - Answer Hearing officer from the United States Federal Mediation and Conciliation Service

State Tenure Commission & Part-Time Employment $400 - Answer Highly qualified status. Part-time employees must meet the same certification requirements as full-time employees as set forth by the Board of Education. They are also required to pass a background check.

State Tenure Commission & Part-Time Employment $600 - Answer It is based on the salary schedule for a full-time employee of similar experience and educational attainment. The standard contract is 6.5 hours per day for 182 days.

State Tenure Commission & Part-Time Employment $800 - Answer 20 or more hours per week of classroom hours

State Tenure Commission & Part-Time Employment $ Answer 1.By school 2.By subjects taught

Teacher Accountability Act $200 What legislation eliminated tenure for principals and placed them under term contracts?

Teacher Accountability Act $400 How many years is the usual contract term for a previously employed principal?

Teacher Accountability Act $600 The employment contract of a principal will be immediately cancelled under what condition?

Teacher Accountability Act $800 Who has final authority for all personnel assignments?

Teacher Accountability Act $1000 An employing board may transfer a teacher who meets all qualification, certification, grade level, or subject matter requirements on an emergency basis during what time period?

Teacher Accountability Act $200 - Answer Teacher Accountability Act

Teacher Accountability Act $400 - Answer Three years

Teacher Accountability Act $600 - Answer When the principal’s certificate is revoked by the State Superintendent of Education

Teacher Accountability Act $800 - Answer The chief executive officer

Teacher Accountability Act $ Answer Within 15 days before or after the first day of the school year

Final Jeopardy Case Brief

Final Jeopardy Dr. Rolland Oden began his tenure with Morgan County Board of Education as an instructor and attained continuing service status in that role. He was later promoted to principal and attained tenure in that role as well. Dr. Rolland applied for and accepted a job as a transportation supervisor with the Morgan County Board of Education. When he was offered the job as transportation supervisor, Dr. Rolland provided a letter of resignation from his principalship at the superintendent’s request in an effort to jumpstart the process for hiring a new principal for Union Hill Junior High. After serving in the role of transportation supervisor for two years, Dr. Oden was non-renewed by the school district. The school district claimed that he lost his tenure when he took on the job of transportation supervisor, which did not require teacher or administrative certification. Dr. Oden claimed that the school district did not allow him due process as required by section of the Alabama Code of The school district claimed that he lost his “supervisor” status when taking the transportation job. The school district further claimed that in order to be a supervisor for tenure purposes, one has to be directly involved with students, which a transportation supervisor is not. How did the court rule?

Final Jeopardy Dr. Rolland Oden began his tenure with Morgan County Board of Education as an instructor and attained continuing service status in that role. He was later promoted to principal and attained tenure in that role as well. Dr. Rolland applied for and accepted a job as a transportation supervisor with the Morgan County Board of Education. When he was offered the job as transportation supervisor, Dr. Rolland provided a letter of resignation from his principalship at the superintendent’s request in an effort to jumpstart the process for hiring a new principal for Union Hill Junior High. After serving in the role of transportation supervisor for two years, Dr. Oden was non-renewed by the school district. The school district claimed that he lost his tenure when he took on the job of transportation supervisor, which did not require teacher or administrative certification. Dr. Oden claimed that the school district did not allow him due process as required by section of the Alabama Code of The school district claimed that he lost his “supervisor” status when taking the transportation job. The school district further claimed that in order to be a supervisor for tenure purposes, one has to be directly involved with students, which a transportation supervisor is not. How did the court rule?

Final Jeopardy Time Is Up

Final Jeopardy - Answer The Court held that Dr. Oden did not lose his tenure as a teacher when he became supervisor of transportation for the Morgan County Board of Education, but that he held continuing service status as a "supervisor.” The Morgan County Board of Education re-employed Dr. Oden as supervisor of transportation.