JAMES E.

SHETTER AND PAUL TANCREDE

Licensure
State determines licensure requirements

Individuals licensed per state National Board Certification may increase pay, does not supplement state licensure requirements

Licensure Requirements
Licensure awarded on professional preparation

degree and credits Licensure may require minimum age and/or an oath Good character may be a requirement for licensure

Licensure Full Circle

Prior to widespread collegiate teacher preparation

programs, individuals were granted licensure by exam, once teacher prep programs became prevalent academic preparation was the norm. NCLB has shifted licensure back to exam based protocol.

Licensure Requirements
States can deny licensure to anyone who does not pass

the prescribed exam. Praxis is the most common licensure exam tool. Oaths may be required for licensure, however they cannot restrict association membership rights. Oath cannot restrict memberships to subversive groups. Oaths can require loyalty to the Constitution.

Examples of Licensure Requirements

Ohios PATRIOT Act requires teachers to swear that

they are not terrorists or members of terrorist organizations.

Further Tidbits About Licensure

Refusal of oaths can result in disqualification from

licensure. Most likely laws and statutes like Ohios PATRIOT Act will see legal challenges in the near future. Teachers with lifetime certificates can be required to meet new requirements such as testing or oaths.

Further Tidbits About Licensure

Courts have ruled that a license is not a contract and

can be subject to changing requirements as long as they are applied at the end of the license.

Further Tidbits About Licensure

Many types of licenses exist such as emergency,

temporary, provisional, professional, and permanent. Renewal of any license may require university course work or continuing ED activities. A school districts failure to employ licensed, qualified teachers may result in loss of accreditation and financial support. Licensure indicates a teacher has satisfied minimum state requirements; licensure does not entitle an individual to a job.

Further Tidbits About Licensure

School boards may require additional training or

education past licensure but they must do so in a uniform manner. Failure to meet licensure renewal requirements can result in loss of employment. School boards may initiate charges against a teachers license, however only the state can take action against a teachers license. A state may revoke a license for immorality, incompetence, contract violation, and neglect of duty.

Revocation of Licensure
Assessment of a teachers competency may include

actions outside of the school setting if relevant to competency. Courts typically do not overturn licensure actions, evidence must indicated that the decision was unreasonable or unlawful.

Questions!!!!
A. B.

C. D. E.
F. G.

H.

Who determines licensure qualification? Is there any type of teaching license that does not qualify a person for employment? List three possible conditions of licensure. List two possible conditions of licensure renewal. What types of consequences exist for districts that employ non licensed teachers? Who has authority to revoke a teachers license? Is a teachers competency only measurable through in school observations? State one fact about teacher licenses.

Employment by Local School Board

School boards may require greater academic and

professional standards beyond licensure for employment. Unless protected individual rights are abridged, courts will not review a school board decisions made in good faith. Hiring is the sole right of the school board and cannot be delegated to the superintendant or board members individually. School boards hold sole rights of establishing job requirements and conditions.

Employment Requirements
School boards can require a standard for employment greater than

that required for licensure, however it must be applied uniformly. Additional requirements must demonstrate that they result in greater teacher competency. School boards can require health and physical requirements for employment. School boards cannot view medical records as they are not competent to interpret them, however a school board can ask a teacher to submit to psychiatric testing to be evaluated by an outside, competent reviewer. Physical hiring requirements may not supersede federal laws protecting individuals with disabilities.

Employment Requirements
School boards may require employees to live (move) within

the district within a reasonable time upon hire. School boards cannot require applicants live within the district prior to employment. Employees living outside of a district prior to implementation of any residence clause will most likely be grandfathered out of the in district living requirement. School boards cannot require that an employee send their child to public school. Courts have found that this violated a parents right to direct the education of their child.

Assignment of Personal Duties

School boards determine teacher duties. School boards determine school assignments and may

assign any teacher to any school as long the assignment is within a teachers area of qualification. Assignments cannot be changed within a contractual period. School boards may make assignments based on race if the intent is to counter act the effects of prior segregation, however the assignment must be temporary.

Assignment of Personal Duties

Reassignment is only considered a demotion if salary or

benefits are effected. Administrators may be reassigned as long as salary is not effected. School boards may reassign the job duties of an administrator. In some cases, reassignment from an admin position to a teaching position may not be considered a demotion even if salary is effected when the decision was made due to financial constraints or in good faith.

Assignment of Personal Duties

School boards can assign extra duties not covered in a

negotiated agreement if they are considered to be reasonable and appropriate. Evaluation of reasonable and appropriate includes time involved, interests and abilities of teachers, benefits to students and the professional nature of the duty. Refusal of reasonable assigned duties may result in dismissal.

More Questions!!!!
A. B. C. D. E. F. G. H.

If a school board wishes to impose hiring requirements grater than licensure requirements, what condition must these requirements meet? Does the superintendant have the right to hire? Who establishes a teacher job duties? True or false. A district cannot require employees to move within their district as a requirement of employment. Can a district or state force a teacher to enroll their child into a that same district? Can a school district place employees in a position of the districts choosing? If so, are there stipulations? Under what conditions is reassignment considered a demotion? Can a teacher safely refuse reasonable assigned duties?

Contracts
Contracts must fulfill the general principles of contract law and

conform to state law. An employment contract defines the rights and responsibilities of the teacher and defines the employment relationship between the teacher and school board. A contract must contain (1) offer and acceptance, (2) competent parties, (3) consideration [compensation], (4) legal subject matter, and (5) proper form. Contracts must also meet state regulations. The authority to contract with teacher is the exclusive right of the school board.

Contracts
An offer from the school board with (1) specified salary, (2)

specified period of time, and (3) identified duties and responsibilities is a binding contract when accepted by a teacher. Contracts can be voided if any party is found not competent (failure to attain licensure). Elements of any collective bargaining agreement are part of a contract. Contracts can not waive a teachers constitutional or statutory rights.

Term and Tenure Contracts

Two basic types of contracts exist, (1) Term and (2)

Tenure.

Term Contracts
Term contracts are valid for a fixed period of time,

generally one year. Renewal of term contracts is at the discretion of the school board and requires no explanation unless specified by state statute. Term contracts can usually be terminated for any reason that does not violate state and federal laws or statutes. School boards generally need to provide notice of nonretention prior the expiration of the contract.

Tenure Contracts
Tenure contracts are created by the state legislature and ensure

teacher employment will only be terminated for adequate cause and through due process. School boards cannot simply dismiss tenured employees, at minimum a a school board must follow policy procedures (board or state) for dismissal. Authority to grant tenure belongs solely to the school board and cannot be delegated. School boards cannot alter tenure terms established by the legislature. Tenure is not transferable from one district to another.

Tenure
Most administrators cannot acquire tenure, however

courts have found that if a teacher is promoted to administrator in the same district and there is no break in service, they may carry tenure rights acquired as a teacher to an administration position.

Supplemental Contracts
School boards have the authority to offer

supplemental contracts that are not subject to tenure. Courts have found that generally tenure does not extend to supplemental contracts. Exceptions may exist when a teaching position is offered with a coaching position.

Supplemental Contracts
When teaching positions are offered with coaching

positions, a qualified applicant may be rejected if they are unable to assume the coaching duties. This practice may be illegal if it violates Civil Rights or sexual discrimination laws.

Aarrghh More Questions??!!

A. B.

C. D. E. F. G. H.

What five components must a contract contain? Is the right to contract exclusive to any one entity? If so, who? Under what conditions are contracts most often voided? Can a contract waive a teachers Constitutional rights? Define a term contract. Define a tenure contract. Who creates tenure contracts? Does the same entity that creates tenure grant tenure? Is tenure extended to supplemental contracts?

Domestic Partner Benefits

Domestic Partner benefit rights may exist dependant

upon state statute and constitutional provisions. Some state have chose to honor domestic partnerships and thus benefits (Vermont, Connecticut) (California, Hawaii, Maine, New Jersey) The Defense of Marriage Act (DOMA) has begun to remove domestic partnership benefit rights based on court findings in Michigan.

Leaves of Absence
Contracts may specify types of leaves (sick, personal,

pregnancy, child care, sabbatical, disability, family, military) Leaves can have use stipulations (not to be used before break) School boards cannot apply leave restrictions that violate state or federal statues or provisions

Professional Evaluations
States may or may not mandate evaluations. Courts will enforce decisions made using evaluations

if the evaluation process has been followed. The judiciary is reluctant to intercede in evaluation decisions if process has been followed.

Personnel Records
Defined: Maintenance, access, and dissemination of personnel information

must conform to federal and state laws and contractual agreements. school records typically protect personnel information.

State privacy laws that place restrictions on maintenance and access to

A central issue in the confidentiality of personal files is whether the

information constitutes a public record that must be reasonably accessible to the general public. Public record, freedom of information, or right-toknow laws that grant broad access to school records may directly conflict with privacy laws, requiring courts to balance the interests of the teacher, the school officials, and the public.

Personnel Records
FOIA: The federal freedom of Information Act which serves as a model for

many state FOIAs often is used by courts in interpreting state provisions. Courts have concluded that any doubt concerning the appropriateness of disclosure should be decided in favor of public disclosure. Information that must be maintained by law is public record (personal directory information, salary, employment contracts, leave records, and teaching license) must be released. Access to personnel files also has been controversial in situations involving allegations of employment discrimination. The EEOC or Equal Employment Opportunity Commission can authorize to subpoena relevant personnel files to investigate toughly allegations that a individual has been the victim of discriminatory treatment. The Supreme Court ruled that under Title 7 of the Civil rights act of 1964, the EEOC must only show relevance, not special reasons or justification in demanding specific records.

 Mmoooree Quueestiioons!!
A. B. C. D. E. F. G. H.

Domestic partnership benefits are available today in a number of districts. Does this stand change? Why or why not? List four types of leave. Can a school board place restrictions on leave? True or false. States mandate teacher evaluations. What laws restrict access to personnel files? Why does release of information about teachers possibly conflict with state and federal laws? How do privacy laws and the FOIA affect teachers? What can the EEOC authorize in relation to teacher files?

Reporting Suspected Child Abuse

All states requires teachers to report suspected child abuse and

granting them immunity from liability if reports are made in good faith. WHY: As a national problem, teachers are in a unique role to detect signs of potential abuse, requiring teachers to report signs of child abuse. State Law: Penalties may include fines from $500-$5000, prison terms up to one year, and or public service. Civil suits may be initiated against teachers for negligence in failing to make such reports. Also, school systems may impose disciplinary measures against a teacher for not following the mandates of the law.

Reporting Suspected Child Abuse

When do you call? If you have reasonable cause to believe or reason to

believe that a child has been abused or neglected. This call must be immediately to designated child protection agency, department of welfare, or law enforcement agency and this depends on each state in which to call. What then: After call, make sure to tell your supervisor or principal. All States grant immunity from civil and criminal liability to individuals if reports are made in good faith.

Collective Bargaining
Teachers have a constitutionally protected right to form and join a

union; specific bargaining rights are conferred through state statues or judicial interpretations of state constitutions, thus creating wide divergence in teachers bargaining rights across states. Process: The bilateral decision making in which the teachers representative and the school board attempt to reach mutual agreement on matters affecting teacher employment. State by state its different in rights and practices. Comprehensive collective bargaining statute that delineates specific bargain rights or that all contracts between public employers and employee associations are invalid.

Collective Bargaining
Collective Bargaining: The private sector has been significant in shaping

statutory and judicial regulations of public negotiations. The public and private similarities are in unfair labor practices, union representation, and impasse procedures. Differences: Public: The removal of decision-making authority from public officials through bargaining has been viewed as an infringement on the governments sovereign power. Private: employees rights have been weakened by prohibitions of work stoppages. Strikes: In the public sector is considered essential to the effective operation of collective decision making as for the public sector its frowned on because of the nature and structure of governmental services. Until the 1960s, public employees constitutional right to join a union was firmly established under the first amendment.

Teachers Statutory Bargaining Rights

States that allow teachers bargaining rights, school boards

must negotiate with teacher in accordance with the statutorily prescribed process. Dealing mainly with pubic employee bargaining laws address employer and employee rights, bargaining units, scope of bargaining, impasse resolution, grievance procedures, unfair labor practices, and penalties for prohibited practices. Functions: The determination of membership in bargaining units, resolution of union recognition claims, investigation of unfair labor practices, and interpretation of the general intent of statutory bargaining clauses.

Teachers Statutory Bargaining Rights

Good Faith: A practice requiring parties to meet at reasonable times and

attempt to reach mutual agreement without compulsion on either side to agree. If both sides dont use this practice, this can result in the impositions of penalties for the one that doesnt follow order. Statutes: Certain restrictions or obligations of both the school board and the union. Violation of the laws by either party can result in an unfair labor practice claim. Allegations of unfair labor practices are brought before the state public employee relations board for a hearing and judgment. Issues of employer practices are interference with union operations, discrimination against employees because of union membership, refusal to bargain collectively with the exclusive representative, and failure to bargain in good faith.

Teachers Statutory Bargaining Rights

Completion of Negotiations process: the members of the

bargaining unit and the school board must ratify the written agreement as the master contract. Items in include not only salary and fringe benefits, grievance procedures, employee evaluations, preparation time, length of the workday, class size, procedures for employee discipline, transfers, layoff and recall procedures, assignment of duties, and the processes for filling vacancies.

Scope of Negotiations
Scope refers to the range of issues of subjects that are

negotiable, and determining scope is one of the most difficult tasks in public-sector bargaining. Restrictions on scope of bargaining vary considerably among states. The specification of negotiable items in labor laws may include broad guidelines or detailed specific issues. The representatives of the employer and employees must meet and confer with the respect to wages, hours, and other terms and conditions of employment.

Scope of Negotiations
Mandatory/Permissive/Prohibited Classifications: Mandatory: These items must be negotiated. Failure of the

school board to meet and confer on each items is evidence of last of good faith. Permissive: These items can be negotiated if both parties agree. Most permissive items cannot be pursed to the point of negotiation impasse, and an employer cannot change these item if no agreement is reached. Prohibited: These items are beyond the power of the board to negotiate; an illegal delegation of power results if the board agrees to negotiate these items.

Scope of Negotiations
Conditions of employment: This relates to salaries,

wages, hours, and other working conditions. If the board does negotiate a policy item, it is bound by the agreement in the same manner as if the issue were a mandatory item

Yes Virginia, More Questions.

A. B. C. D. E. F. G. H.

Do all teachers have the same bargaining rights? Why or why not? Name three differences between public and private bargaining rights. Do teachers have the absolute right to strike? What items fall within statutory bargaining rights? Define good faith bargaining. Can penalties be imposed in the absence of good faith bargaining? Define an unfair labor process. Name four components of a master contract.

Union Security Provisions

Unions attempt to obtain various security provisions in the collective

bargaining contract. The objective is to gain provisions that require all employees either to join the association or to pay fees for its services. 3 Types of security provisions: Closed Shop/Union Shop/Agency Shop/Fair Share Closed Shop: Requires an employer to hire only union members, does not exist in the public sector and is unlawful in the private sector. Private sector Union Shop: Requires an employee to join the union within a designated time period after employment to retain a position. Private sector. Agency Shop: Requires employee to pay union dues but does not mandate membership. Fair Share: Requires a nonmember simply to pay a service fee to cover the cost of bargaining activities

Union Security Provisions

Nonunion teacher have challenged mandatory fees

as a violation of their First Amendment speech and association rights though employees cannot be compelled to contribute to the support of ideological causes they oppose as a condition of maintaining employment as public school teachers.

Exclusive Privileges
The designated employee bargaining representative gains

security through negotiating exclusive rights or privileges such as dues checkoff, the use of the school mail systems, and access to school facilities. Over half the states with a public employee bargaining laws specify dues checkoff as a mandatory subject for bargaining though an employee unions have no constitutional right to payroll deductions. The Fourth Circuit ruled that state legislation permitting payroll deductions for charitable organizations but not favor unions was not an infringement of the First Amendment

Exclusive Privileges
In 1983, the Supreme Court clarified one of the most controversial

security rights to access school mail facilities. The court concluded that the school mail facility was not a public forum and communication and thereby its use could be restricted to official school business. In most states, school boards negotiate only with the designated bargaining representative. Under this exclusive recognition, other unions and teacher groups can be denied the right to engage in official exchanges with an employer. Though a nonunion teacher has a constitutional right to address a public employer, even concerning a subject of negotiation.

Grievances
Disputes concerning employee rights under the terms of a collective

bargaining agreement are resolved through the negotiated grievance procedures, which generally must be exhausted before pursuing review by state labor relation boards or courts. Procedures: Provided by a neutral third party, arbitrator, to conduct a hearing and render a decision. Grievance arbitration, which addresses enforcement of contract rights, differs from interest arbitration, which may take place in resolving an impasse between parties in the bargaining process which can be either advisory or binding and usually used to settle labor disputes and the most contested areas in collective bargaining

Grievances
Negotiation Impasse: This occurs in bargaining when an agreement cannot

be reached and neither party will compromise. It there is a stalemate, these are the resolution in Mediation, Fact-Finding or arbitration. The strike is the most effective means for resolving negotiation impasse. Though it is not legally available to the majority of public employees. Mediation: Often the first step and a neutral 3rd party assists both sides in working toward an agreement. This mediator serves as a facilitator rather than a decision maker to help both parties reach an agreement. Fact-Finding or also called advisory arbitration: This is the 2nd process that may be mandated by law or maybe entered into by mutual agreement of both parties. The 3rd party investigates the causes for the dispute, collecting facts and testimony to clarify the dispute, and formulating a judgment.

Grievances
Binding Interest Arbitration: If the Fact-Finding doesnt work, this is the

alternative. Similar to Fact-Finding except that the decision of the arbitrator related to the terms of the negotiated agreement is binding on both parties. Again a strike (withholding services) in the private sector can happen but state statutes or common law prohibits most teacher from striking. For the states that can strike in the public sector, certain condition, specified in statute, must be met prior to the strike: 1. The exhaustion of statutory mediation and fact-finding steps. 2. Expiration of the contract. 3. Elapse of a certain time period prior to commencing the strike. 4. Written notice of the unions intent to strike. 5. Evidence that the strike will not constitute a danger to public health or safety.

Strikes
Strike: It is work stoppage and states define the term broadly to include a range of

concerted activities such as work slowdowns, massive absences for sick days, and refusal to perform certain duties. State laws usually identify penalties for involvement in strikes: 1. Withholding compensation for strike days. 2. Prohibiting salary increases for designated periods of time. 3. Dismissal. Unions: 1. Fines. 2. Decertification of the union. 3. Loss of certain privileges such as dues checkoff. In cases for public employees going on strike, public employers can seek a court injunction against teachers who threaten to strike or initiate such action.

Seriously, Last Questions!

A. B.

C. D.
E. F. G. H.

What are the three types of union security provisions? Is a union required to represent non union teacher? Why or why not? Are districts required to conduct union dues payroll deductions? Are school districts required to allow unions to use in-house communications systems? Typically what parties are involved in contract negotiation? Typically how are collective bargaining disputes resolved? What are the most contested areas of collective bargaining? What type of penalties can be imposed on teachers and teacher associations in the event of a strike?