Chapter 02

Copyright © Allyn & Bacon 2007Copyright © Allyn & Bacon 2007

Teachers and The LawTeachers and The Law77thth

Chapter 2Chapter 2Do I Have A Contract?Do I Have A Contract?

Fischer, Schimmel, StellmanFischer, Schimmel, Stellman

PowerPoint PresentationPowerPoint Presentation

Gerri Spinella Ed.D.Gerri Spinella Ed.D.Elizabeth McDonald Ed.D.Elizabeth McDonald Ed.D.

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What are the legal implications of a What are the legal implications of a teaching contract?teaching contract?


Essential QuestionEssential Question


Key ConceptsKey ConceptsChapter 1-Teachers and the Legal SystemChapter 1-Teachers and the Legal System

Creating a Creating a ContractContract

Express and

Implied Contracts

Key ConceptsKey ConceptsChapter 2 – Do I Have A Contract?Chapter 2 – Do I Have A Contract?

Breach of Breach of ContractContract


KEY TermsKEY TermsChapter 2 – Do I Have A ContractChapter 2 – Do I Have A Contract

Contract (16)Meeting of the Minds (16)Express Contract (17)Implied Contract (17)Unilateral Contract (17)Breach of Contract (18-19)Damages (21)Impossibility of Performance (22)Termination (22)


Case PresentationCase Presentation

The Loup CaseThe Loup Case


A legal A legal contract contract requires the requires the following following conditionsconditions::

A contract is binding on both parties.

State statutes vary

Legal subject matterMeeting of minds of both partiesValid considerationCompetent PartiesDefinite Terms Approved by the School Board

Each will be legally liable if obligationsare not met.

States carry the basic responsibility for educationState minimum requirementsWritten contracts vary

Creating a ContractCreating a ContractExpress or Implied Express or Implied

ContractContract


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)


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 ConceptsKey ConceptsChapter 2 – Do I Have A Contract?Chapter 2 – Do I Have A Contract?


Breach of Contract

School Teacher

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

InjunctionWrit of

Mandamus


Analysis Analysis

of of

The Loup CaseThe Loup Case


Initial Proceedings

Complaint Facts of claim by plaintiff seeks

DefendantAnswers

(30 days) or

motion to dismiss

Discovery Begins

Step by Step In The Court System

OUTCOME

EDUCATIONAL IMPLICATION

Interrogatories Depositions Document Requests

Settlement Conference



ReflectionReflection

Knowing the role of contracts in education, how does this knowledge enable teachers and administrators to use this agreement effectively in their schools and districts?

Documents

Chapter 02