Chapter 4
The Employment RelationshipScenario – Group #1
Constitutional Issues
Scenario – Group #2
Types of employment
arrangements
By Donald and Celinda
Scenario – Group #3
Selection of staff
Scenario – Group #4
Ending the relationship
Scenario – Group #5
GROUP #1 - SCENARIO
A new teacher is hired.Carlos, Anna, Corina, Veronica
Basic ConceptsLaws that affect the employment
relationship (beginning and ending)
Constitutional conceptsDifferent employment
arrangements
Hiring and firing process
Legal issues
Constitutional Issues
Due process of law
How much process is due?
Constitutional Issues
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.
www.legal-dictionary.com
Constitutional Issues
Due process of law 14th amendment (and some of 5th) 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.
Constitutional Issues
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 Sindermann’s 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 1st and 14th Amendments.
Constitutional Issues
Due process of law Means of assuring that decisions
made are fairCourts loath intervening in
educational personnel disputes – Supreme Court Justice John Paul Stevens’ quote pg 135
Doesn’t guarantee against incorrect or ill-advised personnel decisions.
1972 US Supreme Court ruled “legitimate claim of entitlement”
Constitutional Issues
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;
Constitutional Issues
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
Constitutional Issues
How much process is due?Wells v. Dallas 1979-1986While 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 contract3. Negligence and mismanagement4. Approval by you and payments for unreasonable/excessive charges5. Failure to ensure adequate job site supervision6. Attempting, by intimidation or other means, to acquire principals7. Failing to maintain adequate procedural and other safeguards8. Abuse and misuse of the emergency contract procedures
GROUP #2 - SCENARIO
The new teacher is seen demeaning a student.
Paul, Becky, Crystal, Woody
At-will employment
Non-chapter 21 contracts
Probationary contracts
Term contracts
Continuing contractsThird party independent contract
educators and retired/rehire
Types of Employment Arrangements
At-will employment
Types of Employment Arrangements
• 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
Types of Employment Arrangements
The Superintendent may designate specific professional positions, that require a professionallicense 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
Types of Employment Arrangements
• 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
Types of Employment Arrangements
• 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
Types of Employment Arrangements
•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
Types of Employment Arrangements
• 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
GROUP #3 - SCENARIO
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
Selection of Staff
Certification and the role of SBEC Power 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
Selection of Staff
Nondiscrimination laws law apply to all employees, regardless
of contractual status.
the laws that prohibit discrimination
have implications for hiring process
itself.
sexual harassment
Selection of Staff
The Hiring Process
The Board and the Superintendent
The Principal and Central
Office/District
Final Placement Authority
Selection of Staff
Criminal Records Background Check 2007
Responsibility (SBEC & District)
Fire or Refuse to Hire
What If?
Selection of Staff
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?
Selection of Staff
GROUP #4 - SCENARIO
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
Ending the Relationship
“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.
Ending the Relationship
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
Ending the Relationship
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?
Ending the Relationship
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
Board’s decision is final and may not be appealed
Ending the Relationship
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.
Ending the Relationship
Contract TerminationDistricts 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
Ending the Relationship
Constructive dischargeIs 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
Ending the Relationship
GROUP #5 - SCENARIO
The new teacher is fired.
Wendell, Amanda, Julieta