Legal Aspects of Human Resources Administration

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Legal Aspects of Human Resources Administration

• Chapter 6

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Purpose of the Chapter

• The purpose of this chapter is to familiarize
  school administrators with the basic concepts of
  law as they relate to employment in the public
  schools.

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This chapter presented

• Position of courts in regard to residency, health
  and physical, and testing requirements of
  teachers and other employees.
• Basic elements of a contract

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(Contd)

• Differences between due process for tenured and
  non-tenured teachers
• Dismissal and non-renewal of contracts
• Differences between procedural and substantive
  due process

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(Contd)

• Conditions under which a school district may be
  liable for sexual harassment
• Personnel issues involved in dismissal for cause,
  suspension, and involuntary transfers.
• Identify grounds for legal challenges to
  reduction in force.

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Terms and Conditions of Employment

• Certification is intended to ensure that the
  holder has met established state standards

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(Contd)

• These standards may include college degree with
  minimum credit hours in a specific area, evidence
  of job experience, good moral character,
  specified age, US citizen, signing of a loyalty
  oath, and minimum score of a job related test.

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• The state is not only empowered to issue
  certificates, it is also authorized to revoke or
  suspend certificates.
• Where certification requirements exist, lack of
  certification can result in the dismissal of the
  employee.

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• Some states have laws which provide that it is
  unlawful for a district to pay an uncertified
  teacher.

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Citizenship and Residency

• The courts have upheld both citizenship and
  residency requirements for certification and/or
  as a condition of employment.

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• Where state statute permits, school districts,
  often require employees to reside within the
  school district.
• It should be noted that while this law has been
  upheld in many states, other states have
  provisions against school districts imposing such
  requirements.

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Health and Physical Requirements

• Most states and school districts have adopted
  health and physical requirements in an attempt to
  ensure that employees can meet their obligations
  as well as to protect the welfare of the students
  and other employees.

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• In reviewing health and physical requirements,
  the courts have shown concern that such
  requirements do not violate state and federal
  laws protecting the rights of the handicapped.
• Significant Risk

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Competency Testing

• Early 1980s, public concern about the quality of
  education and the quality of the teaching force
  brought on the testing of teachers.

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The Employment Contract

• Basic elements of a contract are
• Offer and acceptance
• Legally competent parties
• Consideration
• Legal subject matter
• Proper form

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Offer and Acceptance

• A valid contract is a contract which contains an
  offer by one party and an acceptance by another.

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Legally Competent Parties

• The statutory authority to contract lies
  exclusively with the school board. The
  superintendent or other authorized employee may
  recommend employment, but only the school board
  may enter into a contract.

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Consideration

• Consideration is the cause, motive, price, or
  impelling influence which induce a contracting
  party to enter into a contract. (salary)

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Legal Subject Matter

• In order to be enforceable a contract must
  pertain to legal subject matter. For example,
  districts cannot contract with employees to pay
  less than the federal minimum wage.

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Proper Form

• To be enforceable, the contract must be in the
  proper form required by law. Most states require
  that the employment contract be signed and in
  writing. An oral agreement can be legally binding
  on both parties, in the absence of statutory
  specification.

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Terms of Contract Duties and Responsibilities

• The employees rights and obligations of
  employment are derived from the employment
  contract. (What about field trips,
  extracurricular duties, playground or study hall
  dutyetc?)

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Tenure

• Tenure is the status conferred upon teachers who
  have served a probationary periodwhich then
  guarantee them continual employment until
  retirement, subject to good behavior.

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• The awarding of tenure doe not guarantee
  permanent employment. A tenured teacher may be
  dismissed for disciplinary reasons or as a result
  of declining enrollments or financial exigencies.

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Due Process

• The term due process is found in the Fourteenth
  Amendment of the U.S. Constitution, which
  provides that no state shall deprive any person
  of life, liberty, or property without due process
  of law.

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Two aspects of due process

• Procedural which guarantee fair procedures, and
• Substantive which protect a persons liberty or
  property from unfair government seizure or
  interference.

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Procedural Due Process

• Procedural due process is not an absolute right.
• An individual is entitled to procedural due
  process only if he or she can show the
  governments action denied life, liberty, or
  property.

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Substantive Due Process

• Substantive due process is somewhat more
  difficult to ensure than procedural due process.
• It is meant to protect the employee from
  arbitrary, unreasonable, and discriminatory
  governmental action as well as vague and unclear
  policies.

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Sexual Harassment

• Sexual harassment is considered a form of sex
  discrimination.
• Sexual harassment in the workplace occur when
  unwelcome advances or request for sexual favor
  are made a condition of employment.

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(Contd)

• Or when verbal or physical conduct is severe or
  pervasive as to interfere with an individuals
  work, or create an intimidating, hostile, or
  offensive work environment.

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Dismissal for Cause

• A dismissal may occur at any time and may be
  applied to tenured or nontenured employees
• In all cases of dismissal the school board must
  provide the employee all the due process to which
  the employee is entitled by law..

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Immorality

• Immorality is the most cited ground for dismissal
  in state statutes.

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Generally Based on

• Sexual conduct with student
• Sexual conduct with nonstudents
• Homosexuality
• Making sexually explicit remarks
• Distribution of sexually explicit materials to
  classes
• Use of obscene language
• Possession and use of controlled substances
• Criminal misconduct
• dishonesty

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Incompetency

• Behaviors fall into 5 categories
• Inadequate teaching
• Lack of knowledge in subject
• Failure to maintain discipline
• Physical or mental disability
• Willful neglect of duty

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Insubordination

• Insubordination is refusal to obey some order
  which a superior officer is entitled to give and
  have obeyed.

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Can be classified as

• Refusal to follow policies
• Refusal to obey the direct and lawful orders of
  school administrators or school boards
• Unwillingness to cooperate with superiors

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(Contd)

• Unauthorized absences
• Inappropriate use of corporal punishment
• Refusal to accept a school or class assignment

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Suspension

• The type of conduct that can give rise to
  suspension are generally the same as those for
  dismissal, though less serious in nature,
  although in some case employee may be suspended
  pending the outcome of a due process dismissal
  hearing.

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Involuntary Transfers, Reassignments and Demotions

• The authority to transfer and reassign is an
  implied power of school boards. Employees have no
  common law rights to a specific classroom,
  building, grade assignment, or position and may
  be transferred to any assignment for which they
  are qualified by certificate.

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• A major legal issue in transfer and reassignment
  cases is whether the transfer constitutes a
  demotion.

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Reduction in Force

• Legal challenges to RIF involve 3 issues
• Whether the abolition of the position is bona
  fide.
• Whether the release of the individual is
  justified
• The retention, reassignment, and call-back of
  employees.

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Conclusion

• Although the laws related to personnel
  administration vary somewhat from state to state,
  the basic legal concept are common to all
  jurisdictions. A failure by the school district
  to adhere to these concepts leaves it vulnerable
  to a charge of arbitrary and capricious conduct.

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