MoASBO Support Personnel Conference

MoASBO Support Personnel Conference

by

Duane MartinNovember 19, 2013

Guin Martin & Mundorf, LLC2401 Bernadette Drive, Suite 117

Columbia, Missouri 65203(573) 777-9645 (573) 777-9648 (fax)

[email protected] www.gmmschoollaw.com

CONTRACTS&

LETTERS OF INTENT

Guin Martin Mundorf, LLC


Board Approval

• All employment must be approved by 4 members of the Board– Even if no contract

• Once approved as an at-will employee, no need for renewal by the Board– Employed until notified otherwise

Hiring


Contracts

• Not legally required nor preferred• Letters of appointment preferred– But, can be a staff relations issue to switch to

letters of appointment from contracts• If you do a contract, build in district-friendly

language

Hiring


Hiring Probationary Teachers

• 4 affirmative votes• Contract offered– Signed by teacher– Signed by Board President– Attested by Board Secretary

• Failure to provide written accept within 15 days constitutes rejection

• Background check


Hiring Tenured Teachers

• Offer a contract that makes them tenured• Indefinite or permanent contract• No special motion needs to be made• They have the permanent contract until they

are terminated, resign or die.


Set Salary Schedules and Issue Contracts for Probationary Teachers

• Board must set a salary schedule applicable to all teachers by May 15.

• Board must set the date of beginning and length of the next school year prior to May 15.

• District must provide notice to teachers of contract modification (salary schedule and calendar) within 30 days after Board adoption.

• Probationary teacher contract must be issued by May 15.• Each probationary teacher contract must be returned

within 15 days of issuance.


Teacher Non-Renewals• Determine if employee will be given opportunity to

resign. • Motion best made in the positive but is not required. • Must notify in writing by April 15.• Teacher may request a statement of reasons for non-

renewal – no limitation on time frame.• Upon request, provide a concise statement of

reasons based on summative evaluation criteria. – e.g., “failure to use effective teaching techniques,

strategies and skills during lessons.”• If not based upon evaluation, decide on reason(s) for

non-renewal and inform Superintendent.


Non-Renewals Due to Financial Conditions in District

• Must notify in writing by April 15.• In the notice, you must state that the non-renewal is

due to:– a decrease in pupil enrollment, – school district reorganization, or – the financial condition of the district.

• The precise measure of the “financial condition” necessary to justify the non-renewal is not well defined in the law.


Non-Renewal of Administrators

• If not re-employed in the same staff position on the same terms, then a notice of non-renewal is required.

• Motion should be made in the positive. • Notify in writing by April 15.• If you do not notify them by April 15, they are

re-employed on the same terms and in the same staff position.


Support Staff –Letters of Intent• For those individuals who will be “rehired” for the next school year,

do not issue contracts or create continued expectations of employment.

• Issue letters of appointment – Inform them that they are still considered an employee at the beginning of

the school year.– Include a termination clause with broad discretion in the district.– Include language that the letter “is not a contract and is terminable at will.”– Don’t call them “contracts”

• Due process rights attach if a continuing expectation of employment. • If District issues a contract, include termination clauses that give the

district broad discretion.


Extra Duty Assignments

• Can issue a contract or letter of appointment for extra duties.

• Better to have a separate document from teacher contract.

• District has flexibility to structure contract as desired because TTA does not apply.

• Contract can include a provision that allows the district to terminate at will.

• Contract should allow the District to cancel if lack of student participation or other contingencies.


Notice to Tenured TeacherDear Mrs. Smith:

This letter is to inform you of modifications made to your permanent contract pursuant to section 168.110, RSMo. for the 2013-2014 school year beginning on August 5, 2013. Your salary shall be $43,158 in accordance with the attached salary schedule. Your employment shall be in accordance with the calendar adopted by the Board of Education and attached hereto.

Superintendent


Statutory Form of Permanent Teacher Contracts

• Every indefinite contract shall contain the following provisions in substantially the following form:

– “It is hereby agreed by and between ......., the teacher, and the Board of Education of ........ School District, the employer, that the teacher, beginning on the .... day of ..........., 20..., shall serve in the employ of the Board of Education and its successors for a term of ........ months (the number of school months of the school year in the school district) for an annual compensation of $ ....., to be paid to the teacher in equal installments according to local school board regulations less the contributions required by law.”

– “It is further agreed by the parties hereto that this contract shall continue in force from year to year, until modified or terminated in accordance with the provisions of sections 168.102 to 168.130, RSMo, and any amendments thereto prior to the date of this contract.”


Issue Contracts forProbationary Teachers

• Probationary teacher contract must be issued by May 15.

• Each probationary teacher contract must be returned within 15 days of issuance.

• How early can contracts be issued?• What if we want to increase salaries after the

May 15 cutoff?.• What about electronic contracts?


Electronic Contracts• The District may distribute the contracts electronically, as long

as: – the on-line system has a method for the employee to

electronically sign the document; and – the on-line system allows the employee to print the

contract or to save the document on their personal computer.

• Missouri has adopted the “Uniform Electronic Transactions Act” (RSMo § 432.200-295), which establishes that electronic contracts and signatures are valid and legally binding.

• Teachers must “sign” the contract in order for them to be valid and enforceable.


Electronic Contracts (cont.)• Under the UETA, an electronic signature is valid as long as it requires an “act

of the person” signing. • An electronic signature generally involves the person typing in their full

name, but can also involve the person clicking an “I agree” button or signing their name using their mouse.

• Further, under the UETA, the teacher must have the ability to print or save the contracts that are provided to them.

• Where a party is required to deliver information in writing to another person (such a where school districts are required to provide teachers contracts in writing), and the party chooses to send the information electronically, the recipient must have the ability to store or print the electronic record.

• Thus, employees need to be able to print, download, or save the contracts from the District’s on-line system.


Can a Tenured Teacher be Forced to Return a Signed Contract?

• A tenured teacher has a permanent contract.• The indefinite contract is modified by salary

schedule and calendar adoption by the Board.• Tenured teacher has no requirement to return

contract after tenure year.• Tenured teacher has until June 1 each year to

resign.


Early Release from Contract

• No statutory authority for liquidated damages.• Remedy by law for job abandonment by

teacher is to seek revocation of license to teach

• Must apply rules for releases consistently• Incorporate provision into contract


Early Release Contract LanguageIf, after signing this contract, the Teacher wishes to be released from this

contract, the Teacher agrees to pay the District $ in liquidated damages.

OR If, after signing this contract, the Teacher wishes to be released from this

contract, the Teacher agrees to pay the District liquidated damages according to the following schedule:

After signing, but prior to $ After , but prior to $ After $


Letters of Appointment

• A number of different forms available (“letter of intent to re-employ”)

• Do not include a term of employment – “employment for the 2013-2014 school year.”

• Include a contract disclaimer– “This is not a contract”

• Include at-will language– “You are an employee at will.”

• Use general language regarding assignment


Letter of Appointment • Re: Letter for At-Will Employment

• Dear __________:

• This letter is to inform you that the _____________ School District (“District) Board of Education intends to employ you beginning on _________ __, 2013. Your work schedule will be in accordance with the Board adopted calendar, Board policy and directives of the administration. You are employed on an at-will basis, and this letter grants no contractual rights. You can assume that your position with the district will continue unless you are notified otherwise.


Letter of Appointment (cont.)Your anticipated assignment will be as follows:– Location:– Rate of Pay:– Salary Schedule, grade and step:– Start Date:

Please note that this anticipated assignment is provided for informational purposes only. This anticipated assignment is subject to change at the discretion of the District at any time and thus is not a commitment to or guarantee of any specific period of employment, salary, job locations, or job duties. You shall be an at-will employee of the District at all times.


Letter of Appointment (cont.) You will receive all the benefits applicable to your position with the District as described in applicable policies adopted by the Board of Education, as they may be amended from time to time. You will, of course, be required to comply with all the rules, regulations and policies of the District and with the directives of the administration and any assigned supervisors. Furthermore, you will be required to give two weeks advance notice before terminating your employment with the District.

We are pleased to have you as an employee of the District, and look forward to continuing our relationship.

Sincerely,


Contracts with School Employees

• Determine if legally required.• Determine if preferred by Board even if not

legally required. • Letters of appointment are preferable.• Can be a staff relations issue to switch to

letters of appointment.• If you do use a contract, build in district-

friendly termination language.

MoASBO Support Personnel Conference

by

Duane MartinNovember 19, 2013

Guin Martin & Mundorf, LLC2401 Bernadette Drive, Suite 117

Columbia, Missouri 65203(573) 777-9645 (573) 777-9648 (fax)

[email protected] www.gmmschoollaw.com

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MoASBO Support Personnel Conference

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