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Professional Rights and Responsibilities of Educators

Professional Rights and Responsibilities of Educators. Presented by Kyle Farmer and Scott Smith MSTA Staff Attorneys. CONTRACT ISSUES. Terms and conditions of a teaching contract Probationary v. Tenured Non-Renewal v. Termination Extra Duty Contracts. ANNUAL CONTRACT CHECKLIST.

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Professional Rights and Responsibilities of Educators

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  1. Professional Rights and Responsibilities of Educators Presented by Kyle Farmer and Scott Smith MSTA Staff Attorneys

  2. CONTRACT ISSUES • Terms and conditions of a teaching contract • Probationary v. Tenured • Non-Renewal v. Termination • Extra Duty Contracts

  3. ANNUAL CONTRACT CHECKLIST • Correct placement on the salary schedule • Correct payment based on contract • Beginning date and length of contract

  4. EARNING TENURE • Five successive years teaching in the same district • Waive year towards tenure with 2 years experience in another district • Principal that earned tenure as a teacher in the district • Part time teachers earn credit on prorated basis

  5. GROUNDS FOR TERMINATION OF CERTIFIED TEACHERS • Physical or mental unfitness to instruct or associate with children • Immoral conduct • Incompetency, inefficiency or insurbordination in the line of duty • Willful or persistent violation of or failure to obey school laws or published regulations of the school board • Excessive or unreasonable absence from performance of duties • Conviction of a felony or a crime involving moral turpitude

  6. DUE PROCESS • Never resign “on the spot” • District must provide • Written notice of charges • Curative period (for certain charges) • Notice of a hearing • Public hearing by the board of education • Applies to tenured teachers & probationary teachers during the term of a contract

  7. MANDATORY REPORTING OF CHILD ABUSE AND NEGLECT • If you have reasonable cause to suspect abuse or neglect you must report to the Children’s Division immediately • District cannot prevent reporting & must make reporting possible • Special rule for alleged sexual misconduct by a school employee

  8. TECHNOLOGY ISSUES • District policy on acceptable use (personal & professional) • Security • Discipline of students • Social networking

  9. HANDLING MEETINGS & CONSTRUCTIVE CRITICISM • Ask to have an MSTA representative present • Be professional & stay focused on the current issue • Principal’s opinion carries a lot of weight • Be willing to offer positive alternatives • Ask for clarification on any paperwork • Signing documents = acknowledging receipt

  10. Documentation • What do we mean by “documentation”? • What should you document? • How should you document? • Examples

  11. SIMPLE WAYS TO LIMIT LIABILITY • Document, document, document • Do not transport kids in your own vehicle • Avoid being alone with a single student • Know and comply with board policies and school handbooks & manuals • Respect confidentiality • Never leave students unattended

  12. SIMPLE WAYS TO LIMIT LIABILITY • Apply all rules consistently & uniformally • Follow all safety precautions (sign in procedures, visitor passes, fire drills, etc) • Do not be afraid to ask questions

  13. COMMON EDUCATOR PROBLEMS • Failure to make adequate progress when competency is questioned • Violation of board policies or administrator directives • Inability to accept or embrace change • Ineffective communication and diplomacy skills

  14. COMMON EDUCATOR PROBLEMS • Inability to recognize and maintain appropriate professional boundaries • Failure to recognize & abide by local morality standards • Inability or refusal to play well with others

  15. COMMON EDUCATOR PROBLEMSZERO TOLERANCE MISCONDUCT • Situations involving alcohol, drugs or weapons • Sexual contact with students • Inappropriate touching, sexual innuendo or jokes • Misuse of district technology • Duct tape

  16. HELP US HELP YOU • Do not wait until the last minute to seek assistance • Take notes and document circumstances • Request all appropriate documents (contracts, policies, etc) • Call MSTA so we can determine the appropriate person to provide assistance • All cases are handled individually, confidentially and with the member’s consent

  17. RESOURCES • MSTA: 800-392-0532 or www.msta.org • MISSOURI STATUTES: http://www.moga.mo.gov/mostatutes/statutesAna.html • DEPARTMENT OF ELEMENTARY & SECONDARY EDUCATION: dese.mo.gov • DEPARTMENT OF LABOR & INDUSTRIAL RELATIONS: labor.mo.gov • AMERICANS WITH DISABILITIES ACT: www.ada.gov • FAMILY EDUCATIONAL RIGHTS & PRIVACY ACT: www.ed.gov/policy/gen/guid/fpco/ferpa/index.html • FAMILY AND MEDICAL LEAVE ACT: www.dol.gov/whd/fmla/index.htm

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