Teachers and The Law

7
th

Chapter 2
Do I Have A Contract?

Fischer, Schimmel, Stellman

PowerPoint Presentation


Gerri Spinella Ed.D.
Elizabeth McDonald Ed.D.
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What are the legal implications of a
teaching contract?
Chapter 2
Do I Have A Contract?

Essential Question
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Key Concepts
Chapter 1-Teachers and the Legal System
Creating a
Contract
Express
and
Implied
Contracts

Key Concepts
Chapter 2 Do I Have A Contract?
Breach of
Contract
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KEY Terms
Chapter 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)
I mpossibility of Performance (22)
Termination (22)
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Case Presentation

The Loup Case
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A legal
contract
requires the
following
conditions:
A contract
is binding
on both
parties.

State statutes vary
Legal subject matter
Meeting of minds of
both parties
Valid consideration
Competent Parties
Definite Terms
Approved by the School
Board


Each will be legally
liable if obligations
are not met.


States carry the basic
responsibility for
education
State minimum
requirements
Written contracts vary

Creating a Contract
Express or Implied
Contract
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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)
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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 Concepts
Chapter 2 Do I Have A Contract?
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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
Injunction
Writ of
Mandamus
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Analysis

of

The Loup Case
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Initial Proceedings
Complaint
Facts of
claim by
plaintiff
seeks
Defendant
Answers
(30 days)
or motion
to dismiss
Discovery Begins
Step by Step
In The
Court System

OUTCOME

EDUCATIONAL IMPLICATION
Interrogatories
Depositions
Document
Requests
Settlement Conference
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Chapter 2
Do I Have A Contract?
Reflection
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?