GASPA May 5, 2011. Legal Issues Update Presented by : Phil Hartley Harben, Hartley & Hawkins, LLP Wachovia Center, Suite 750 340 Jesse Jewell Parkway Gainesville, Georgia 30501 Telephone: (770) 534-7341; Facsimile: (770) 532-0399 firstname.lastname@example.org. 1.
Legal Issues Update
Harben, Hartley & Hawkins, LLP
Wachovia Center, Suite 750
340 Jesse Jewell Parkway
Gainesville, Georgia 30501
Telephone: (770) 534-7341; Facsimile: (770) 532-0399
SBOE shall establish a schedule of minimum salaries for services rendered which shall be on a ten-month basis…. The minimum salary schedule shall provide a minimum salary base for each classification of professional personnel required to be certificated; shall provide for increment increases above the minimum salary base…based upon individual experience and length of satisfactory service…. The minimum salary base for certificated professional personnel with bachelor’s degrees and no experience, when annualized from a ten-month basis to a 12-month basis, shall be comparable to the beginning salaries of the recent graduates of the University System of Georgia….
The General Assembly shall annually appropriate funds to implement a salary schedule for certificated professional personnel. For each state fiscal year, the state board shall adopt the salary schedule for which funding has been appropriated by the General Assembly. A LUA shall not pay to any full-time certificated professional employee a salary less than that prescribed by the schedule of minimum salaries…; nor shall a LUA pay to any part-time certificated professional employee less than a pro rata portion of the respective salary prescribed by the schedule of minimum salaries….
For Grades K–12, the LBOE shall schedule the school year for students as a minimum of 180 school days or its equivalent.
Beyond the school year for students, the LBOE shall adopt policies and
procedures identifying the number of days to be utilized for professional learning for all employees.
Can employ for 20 days without a contract and without a clearance certificate
School District applies for certificate after running background check and after deciding to hire
Clearance certificate may be denied for certification issues that you wouldn’t know about? So ask!!
Clearance certificate applies to PSC standards as to criminal charges and no ethics violationsNew Clearance Certificates: HB 285
Working as a sub until clearance certificate issued
PSC standard and your standard may not be the same as to criminal record
Even if there is a clearance certificate, still need to check for past certification issues
Even if there is a clearance certificate, still need to run background checkIssues to Be Aware of…..
A retaliation claim is one based on the allegation that the employee has suffered an adverse employment consequence as a result of engaging in constitutionally or statutorily protected activity.
Exercise of constitutionally protected rights such as the right to speak publicly on matters of public concern
Equal Pay Act
Americans with Disabilities Act & 504
Age Discrimination in Employment Act
Family and Medical Leave Act
Fair Labor Standards Act
42 U.S.C. §1981
Title IX Sex Discrimination
The plaintiff can be a teacher or other staff member who:
has alleged discrimination for her disability;
has complained about the nature and quality of services to special education students or alleged discrimination against disabled students or co-workers in various school programs or activities;
has, as a parent, advocated for her child in an IEP meeting or due process hearing;
alleges mistreatment by a supervisor upon returning from FMLA leave or asserting her own rights under the ADA;
testified as a witness or was involved in the investigation; or
has a significant relationship with another employee who has brought a complaint.