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

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

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

4. 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

5. 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

6. 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

7. 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

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

9. 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

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

11. 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

12. 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

13. 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

14. 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

15. 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

16. 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

17. RESOURCES MSTA: 800-392-0532 or www.msta.org
MISSOURI STATUTES:
DEPARTMENT OF ELEMENTARY & SECONDARY EDUCATION: dese.mo.gov
DEPARTMENT OF LABOR & INDUSTRIAL RELATIONS: labor.mo.gov
AMERICANS WITH DISABILITIES ACT:
FAMILY EDUCATIONAL RIGHTS & PRIVACY ACT:
FAMILY AND MEDICAL LEAVE ACT: