In our last series, we tackled the complex topic of student discipline and expulsion. Keeping with the theme of complex topics (there are many in school law), we’re shifting gears to focus on teachers — specifically teacher contracts and contract renewal.
In February, Kirk Strang spoke at the WASDA New Superintendent’s Academy on this very subject, covering a wide array of contract and contract renewal items such as policies, handbooks, part-time teachers and statutory nonrenewal procedures, contract modifications, grievance procedures, and more …
We’re sharing all the details of Kirk’s presentation with you here, in this two-part series, so you have up-to-date information and insights to help you along with teacher contracts and contract renewal.
Part 1 covers teacher contracts, and:
- The Fundamentals
- Things to Watch for (or Maybe Even Change)
THE FUNDAMENTALS
- Teacher contracts are governed by Wis. Stat. § 118.21. Full-time teacher contract renewal is governed by Wis. Stat. § 118.22.
- Review your policies, handbooks, and individual contracts — and decide whether you want part-time teachers to be covered by statutory nonrenewal procedures.
- Determine what procedure, if any, you want to have for part-time teachers, and implement it through the individual contract and handbook.
- Wis. Stat. § 118.21 states that “[t]he school board shall contract with qualified teachers.” Wis. Stat. § 118.22 states that the definition of “teacher … does not include part-time teachers …”. This means that any number of teachers that are not covered by the contract renewal law still are supposed to get a teacher contract.
- A teacher may only be employed/dismissed by a majority vote of the full board.
- A teacher contract may be modified by mutual agreement of the teacher and the board.
- Review and revise your individual teacher contracts to address basic issues in the relationship that must be addressed through a contract to be enforceable. These include:
- Job security;
- Contract renewal and nonrenewal;
- Layoff;
- Loss of license;
- Payroll over a 12-month period;
- General duties and expectations (which covers express duties, duties generally expected for the position, duties assigned that are fairly within the scope of the job); and
- Term (for contract and duty purposes).
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Decide whether nonrenewal decisions will be deemed reviewable under the district’s grievance procedure.
Some commentators would maintain that providing an employee with access to the grievance procedure to contest their nonrenewal gives the district more latitude in limiting the private conference under § 118.22 to a relatively simple check against mistaken decisions.
THINGS TO WATCH FOR (OR MAYBE EVEN CHANGE)
- Teacher job duties language.
- Make sure it doesn’t limit the district’s reasonable expectations to avoid the claim that “it’s not in my contract” (e.g., have something that provides “… and shall also perform such other duties and responsibilities as may be assigned, provided by policy and/or handbook, or as are reasonably expected of a professional teacher at expected levels of performance”).
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Example: “Teacher’s duties may include, but are not limited to, daily preparation, supervision of extra and co-curricular activities, attendance at staff meetings and in-service trainings, participation in meetings with parents/guardians, curriculum writing, assessment, collaboration, professional development, as well as supervision of study halls, cafeteria, and corridors, expectations outlined in the teacher job description, and such other duties that the board or administration may direct.
IT IS FURTHER AGREED that said services shall be performed at a level deemed acceptable, as the board may direct through the office of the District Administrator and his/her administrative staff…”.
- Promises to provide teachers with all applicable rules and policies should no longer be made. Promise only to provide access to relevant policies, handbooks, etc. If you don’t, a teacher might claim that you didn’t give them notice of the rules as required by contract and, therefore, that you cannot, e.g., nonrenew or discharge.
- Language that incorporates the board’s policies and/or handbook. Most handbooks state that they are not to be treated as a contract. But if you incorporate the terms of a handbook or policies into a contract, you may have accidentally created additional contract provisions.
- Language that provides a different level of job security than what you actually want, language that differs from what appears in the handbook or board policy, or language that does not provide any statement about job security at all, that is, the standard for terminating the contract (which will create a scenario where common law takes over and provides common law cause).
- Language specifying a teacher’s specific assignments in the contract itself. This type of language can inhibit your ability to transfer or reassign, since a teacher could argue that they have a contract right to a particular assignment.
- Example: “The Teacher’s assignment is subject to change as educational needs dictate. The District reserves the right, in its discretion, to determine whether educational needs require a change in teaching assignments.”
- Language that establishes not only the number of days for the contract but the calendar parameters for those days. Make sure that you have the room to make up days and to schedule those days.
This brings us to the end of Part 1 of this series. Part 2 is all about teacher contract renewal with a focus on timeline, as well as procedures to remember — which Kirk likes to refer to as “hot tips to impress your school board.”
Until then, here is an article that may be of interest: