Teachers and the Law, 8 th Edition © 2011 Pearson Education, Inc. All rights reserved. Teachers and the Law, 8e By David Schimmel, Leslie R. Stellman, and Louis Fischer PowerPoint Presentation By Gerri Spinella, Ed. D

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 2-2 Chapter 2 Do I Have a Contract?

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 2-3 What are the legal implications of a teaching contract? Chapter 2 Do I Have A Contract? Essential Question

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 2-4 Case Presentation The Loup Case The Loup Case

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 2-5 Initial Proceedings Complaint Facts of claim by plaintiff seeks Defendant Answers (30 days) or motion to dismiss Discovery Begins Step by Step in Court System OUTCOME EDUCATIONAL IMPLICATION Interrogatories Depositions Document Requests Settlement Conference

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 2-6 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

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 2-7 KEY Terms Chapter 2 – Do I Have A Contract Contract (Provisional basis or Long term) Meeting of the minds Express contract Implied contract Unilateral contract Breach of contract Damages Impossibility of Performance Termination

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 2-8 Components of Teachers’ Contract Meeting of the minds of both parties Valid consideration Legal subject matter Competent parties Definite terms

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved. 2-9 A legal contract requires the following conditions: A contract is binding on both parties. State statutes vary  Meeting of minds of parties  Valid consideration  Competent parties  Legal subject matter  Definite terms  Approved by 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

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved 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)

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved 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?

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved 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

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Decision of the Loup Case Decision of the Loup Case

Teachers and the Law, 8 th Edition Schimmel, D., Stellman, L., Fischer, L. s © 2011 Pearson Education, Inc. All Rights Reserved Chapter 2 Do I Have A Contract? Reflection Knowing the role of contracts in education, how does this information enable teachers and administrators to abide by their agreements effectively in their schools?