scenario – group #3 scenario – group #3 selection of staff selection of staff scenario – group...

Chapter 4

The Employment RelationshipScenario – Group #1

Constitutional Issues

Scenario – Group #2

Types of employment

arrangements

By Donald and Celinda


Selection of staff


Ending the relationship


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


Due process of law

How much process is due?


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


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.


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.


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”


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;


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


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


• 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


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.



• 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


• 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


•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


• 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


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.


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


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?


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


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.


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


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


GROUP #5 - SCENARIO

The new teacher is fired.

Wendell, Amanda, Julieta

scenario – group #3 scenario – group #3 selection of staff selection of staff scenario – group...

Documents

himher slide

retiredrehire slide

veronica slide

woody slide

kind of process

process of law perry

set period of time slide

apparent impartiality