Greek Jeopardy

1
(No Transcript)
2
Legal Context Race/Sex Discrimination
Age, Religion, Disability Discrimination
Tenure Employment of Teachers
State Tenure Commission Part-Time Employment
Teacher Accountability Act
200
200
200
200
200
400
400
400
400
400
600
600
600
600
600
800
800
800
800
800
1000
1000
1000
1000
1000
3
Legal Context Race/Sex Discrimination
Age, Religion, Disability Discrimination
Tenure Employment of Teachers
State Tenure Commission Part-Time Employment
Teacher Accountability Act
200
200
200
200
200
400
400
400
400
400
600
600
600
600
600
800
800
800
800
800
1000
1000
1000
1000
1000
4
Legal Context Race/Sex Discrimination200

• What is the difference between facial
  discrimination and facially neutral
  discrimination?

5
Legal Context Race/Sex Discrimination400

• If a law facially discriminates, what are the
  three forms of scrutiny used to determine
  constitutionality?

6
Legal Context Race/Sex Discrimination600

• What governmental agency is responsible for
  enforcing Title VII of the Civil Rights Act of
  1964?

7
Legal Context Race/Sex Discrimination800

• Courts have prohibited the use of ______________
  plans that provide a discriminatory preference
  rather than an equal opportunity.

8
Legal Context Race/Sex Discrimination1000

• What are the two categories of sexual harrasment?

9
Legal Context Race/Sex Discrimination200 -
Answer

• Facial discrimination is intentional and facially
  neutral discrimination is ostensibly
  nondiscriminatory, but is a pretext for
  discrimination.

10
Legal Context Race/Sex Discrimination400 -
Answer

• Strict, intermediate,
• and rational-based

11
Legal Context Race/Sex Discrimination600 -
Answer

• Equal Employment Opportunity Commission (EEOC)

12
Legal Context Race/Sex Discrimination800 -
Answer

• Affirmative action

13
Legal Context Race/Sex Discrimination1000 -
Answer

• Quid pro quo and
• hostile environment

14
Age, Religion, Disability Discrimination 200

• What can claims for age discrimination be filed
  under?

15
Age, Religion, Disability Discrimination400
What legislation states that benefits such as
retirement, health care, dental, and eye care are
not generally available to children of same-sex
partners unless the child has been legally
adopted by the employee?
Daily Double
16
Age, Religion, Disability Discrimination600

• A persons religious affiliation should not be
  considered when making an employment decision,
  because it is not a ___________________.

17
Age, Religion, Disability Discrimination800

• What are three of the major life activities
  identified by the Equal Employment Opportunity
  Commission (EEOC) in the Americans with
  Disabilities Act (ADA)?

18
Age, Religion, Disability Discrimination1000

• Knowing that people with disabilities must be
  able to perform all essential functions of a
  position, what are two examples of reasonable
  accommodations that can be made within the work
  setting?

19
Age, Religion, Disability Discrimination200
- Answer

• The Equal Protection Clause (any age), the Age
  Discrimination in Employment Act (ADEA) of 1967,
  and state statutes

20
Age, Religion, Disability Discrimination400
- Answer

• The Defense of Marriage Act of 1996

21
Age, Religion, Disability Discrimination600
- Answer

• Bona fide occupational qualification

22
Age, Religion, Disability Discrimination800
- Answer

• Walking, speaking, hearing, seeing,
• breathing, learning, and working

23
Age, Religion, Disability Discrimination1000
- Answer

• Making necessary facilities accessible,
  restructuring work schedules, acquiring or
  modifying equipment, or providing readers or
  interpreters

24
Tenure Employment of Teachers 200

• How does an instructor promoted to
  principal/supervisor attain continuing service
  status?

25
Tenure Employment of Teachers 400

• When the superintendent recommends and the
  employing board of education votes to
  effectuate a transfer of a teacher on
  continuing service, the teacher can choose to
  contest the transfer. What action must he/she
  take to contest the transfer?

26
Tenure Employment of Teachers 600

• Name three reasons why a tenured teachers
  contract may be cancelled.

27
Tenure Employment of Teachers 800

• A teacher may be suspended for more than _____
  days without pay for a major suspension and less
  than _____ days without pay for a minor
  suspension.

28
Tenure Employment of Teachers 1000

• When a teacher on continuing service status is
  denied a hearing before the local board of
  education, to whom should he/she appeal?

29
Tenure Employment of Teachers 200 - Answer

• The person must serve for three consecutive years
  are principal or supervisor to attain continuing
  service status as a principal or supervisor.

30

• Also Note
• The status of continuing service of teacher as an
  instructor is not affected by the promotion to
  principal or supervisor.
• If the instructor is not retained as principal
  or supervisor, his/her salary is reduced to
  reflect the county or city school systems salary
  schedule.
• By the end of the school term, superintendents
  should submit a list of teachers who are
  recommended for continuing service status to the
  Board of Education. Failure to submit the list
  does not affect the continuing service status of
  the teacher.

31
Tenure Employment of Teachers 400 - Answer

• File a written demand to the superintendent for a
  hearing before the employing board within 15 days
  after the receipt of the superintendents notice
  of the transfer.

32

• Once the teacher receives the notice required in
  Section 16-24-5, he/she may elect to file a
  written demand to the superintendent for a
  hearing before the employing board. The
  teachers notice must be received by the
  superintendent within 15 days after the receipt
  of superintendents notice.
• The transfer is considered final if the teacher
  does not file a demand for a hearing within 15
  days after receipt of the notice to transfer.
• If a teacher elects to file a demand for a
  hearing before the employing board, the hearing
  should be held within 30 days after the receipt
  of the notice to transfer.
• At the hearing, which shall be public or private
  at the discretion of the teacher, each party may
  appear with /without counsel, may be heard and
  present the testimony of witnesses and other
  evidence and/or information bearing upon the
  reasons for the proposed transfer and may cross
  examine the adverse witnesses.
• The board or its authorized representative can
  issue subpoenas, administer oaths for witness to
  supply evidence or testify under oath in support
  of the charges or for the benefit of the teacher.

33

• If a person does not obey the subpoena, the board
  or its authorized representative may seek the
  assistance of the circuit court to gain evidence,
  testimony, information, etc.
• Upon proper showing, the court shall issue a
  subpoena or order requiring the person to appear
  before the board or its representative and
  produce evidence and/or information and give
  testimony relating to the matter at issue.
• Failure to obey the courts subpoena is
  punishable by the court as for contempt.
• Fees for the court reporter to keep and
  transcribe records at the hearing are paid by the
  State Department of Ed. the school district
  bears the responsibility of to employ a competent
  court reporter.
• After each side presents its case at the hearing,
  the employing board makes a decision by majority
  vote to transfer or not to transfer the teacher
  the board may elect delay vote for a later time,
  not to exceed five days.
• If the boards vote dictates that the transfer is
  to be put into effect, within 10 days the
  superintendent sends written notice (requiring
  the teachers signature) of the boards decision.
  The written notice also informs the teacher of
  his/her right to contest the transfer in writing
  to the superintendent within 15 days of receipt
  of notice.

34
Tenure Employment of Teachers 600 - Answer

• Incompetency
• Insubordination
• Neglect of duty
• Immorality
• Failure to perform duties in a satisfactory
  manner
• Justifiable decrease in the number of teaching
  positions
• Other good and just cause
• Note Cancellation cannot be made for political
  or personal reasons.

35

• If the teacher elects to contest the decision of
  the board as described in Sec. 16-24-9, the
  hearing officer should be selected as provided in
  section b of Section 16-24-20.
• Upon selection, the hearing officer gives each
  party notice of the date/time for the hearing
  the date should be not less than 30 days and no
  more than 60 days following the appointment of
  the hearing officer. If the either party
  disagrees in regard to the location of the
  hearing, the hearing officer will determine the
  location within the jurisdiction of the employing
  board.
• Each party should submit to the hearing officer
  and the opposing party documents supportive of or
  in contravention to the action and a list of
  witnesses to be called at the hearing. This
  documentation should be submitted no less than 30
  days before such date of the hearing. The
  witness list and documents may be amended at any
  time prior to five days before the hearing.
• The expense for the court reporter lies with the
  State Board of Education.
• The hearing officer has the power to administer
  oaths, issue subpoenas for the attendance of
  witnesses and production of evidence/information
  relevant to the issue at hand. If a person
  refused to obey the subpoenas, the board or its
  authorized representative may invoke the
  assistance of the circuit court.
• The hearing officer shall conduct a de novo (a
  new review) hearing and make a decision based on
  the evidence submitted to the hearing officer.
  The hearing officer shall determine which of the
  following actions should be taken cancellation
  of employment contract, suspension of the
  employee, with or without pay, a reprimand, other
  disciplinary action, or no action again the
  employee.
• The written decision from the hearing officer
  with finding of fact and conclusion of law should
  be rendered within 30 days after the hearing.
  Expenses of the hearing officer are paid by the
  State Department of Education.

36
Tenure Employment of Teachers 800 - Answer

• A teacher may be suspended for more than seven
  days without pay for a major suspension and less
  than seven days without pay for a minor
  suspension.

37

• Similarities
• Cannot be for personal or political reasons.
• The employing boards meeting can be held no less
  than 20 days and no more than 30 days after
  receipt of the superintendents written notice to
  the teacher.
• The teacher had 15 days to file a written request
  to the superintendent for a conference with the
  board.

• Differences
• No witness list is needed for the hearing of
  minor suspensions.
• The hearing officer considers the case on written
  submissions in hearings of minor suspension .
• In major suspensions, either party can appeal the
  final decision of the hearing officer to the
  Alabama Court of Civil Appeals within 21 days of
  receipt hearing officers written notice.

38
Tenure Employment of Teachers 1000 - Answer

• Chief Administrative Law Judge of the Office of
  Administrative Hearings, Division of
  Administrative Law Judge of the Office of
  Administrative Hearings, Division of
  Administrative Law Judges, Office of the Attorney
  General

39

• The local board may respond in writing the facts
  of the appeal. Failure to respond establishes
  the facts set out in the appeal are taken as
  true.
• The judge will review the information, with or
  without a hearing. Based on the judges findings,
  he/she will order a hearing before the local
  board, determine that a violation occurred in the
  teachers transfer, suspension, dismissal and
  rescind the action taken by the employing board,
  or sustain the action taken by the employing
  board.
• The judges action is final.

40
State Tenure Commission Part-Time Employment
200

• In 2004, the Legislature passed Act 2004-566,
  which streamlined the appeals process for tenured
  teachers and repealed sections 16-24-30 to
  16-24-38 of the Code of Alabama regarding the
  State Tenure Commission. According to the new
  Act, who oversees appeal hearings regarding
  transfers, terminations, and suspensions?

41
State Tenure Commission Part-Time Employment
400

• As established in section 16-24-61, what type of
  certification must a part time teacher possess?

42
State Tenure Commission Part-Time Employment
600

• What is the rate of pay for
• part-time employees?

43
State Tenure Commission Part-Time Employment
800

• What is the hourly standard that is considered to
  be full-time employment as established in section
  16-24-64?

44
State Tenure Commission Part-Time Employment
1000

• Section 16-24-67 requires local boards to submit
  an annual report of part-time teachers employed
  on a regular basis. What two categories must
  these teachers be disaggregated into?

45
State Tenure Commission Part-Time Employment
200 - Answer

• Hearing officer from the United States Federal
  Mediation and Conciliation Service

46
State Tenure Commission Part-Time Employment
400 - Answer

• Highly qualified status. Part-time employees must
  meet the same certification requirements as
  full-time employees as set forth by the Board of
  Education. They are also required to pass a
  background check.

47
State Tenure Commission Part-Time Employment
600 - Answer

• It is based on the salary schedule for a
  full-time employee of similar experience and
  educational attainment. The standard contract is
  6.5 hours per day for 182 days.

48
State Tenure Commission Part-Time Employment
800 - Answer

• 20 or more hours per week of classroom hours

49
State Tenure Commission Part-Time Employment
1000 - Answer

1. By school
2. By subjects taught

50
Teacher Accountability Act 200

• What legislation eliminated tenure for principals
  and placed them under term contracts?

51
Teacher Accountability Act 400

• How many years is the usual contract term for a
  previously employed principal?

52
Teacher Accountability Act 600

• The employment contract of a principal will be
  immediately cancelled under what condition?

53
Teacher Accountability Act 800

• Who has final authority for all personnel
  assignments?

54
Teacher Accountability Act 1000

• An employing board may transfer a teacher who
  meets all qualification, certification, grade
  level, or subject matter requirements on an
  emergency basis during what time period?

55
Teacher Accountability Act 200 - Answer

• Teacher Accountability Act

56
Teacher Accountability Act 400 - Answer

• Three years

57
(No Transcript)
58
Teacher Accountability Act 600 - Answer

• When the principals certificate is revoked by
  the State Superintendent of Education

59
Teacher Accountability Act 800 - Answer

• The chief executive officer

60
Teacher Accountability Act 1000 - Answer

• Within 15 days before or after the first day of
  the school year

61
(No Transcript)
62
Final Jeopardy

• Case Brief

63
Final Jeopardy

• Dr. Rolland Oden began his tenure with Morgan
  County Board of Education as an instructor and
  attained continuing service status in that role.
  He was later promoted to principal and attained
  tenure in that role as well. Dr. Rolland applied
  for and accepted a job as a transportation
  supervisor with the Morgan County Board of
  Education. When he was offered the job as
  transportation supervisor, Dr. Rolland provided a
  letter of resignation from his principalship at
  the superintendents request in an effort to
  jumpstart the process for hiring a new principal
  for Union Hill Junior High.
• After serving in the role of transportation
  supervisor for two years, Dr. Oden was
  non-renewed by the school district. The school
  district claimed that he lost his tenure when he
  took on the job of transportation supervisor,
  which did not require teacher or administrative
  certification. Dr. Oden claimed that the school
  district did not allow him due process as
  required by section 16-24-2 of the Alabama Code
  of 1975. The school district claimed that he
  lost his supervisor status when taking the
  transportation job. The school district further
  claimed that in order to be a supervisor for
  tenure purposes, one has to be directly involved
  with students, which a transportation supervisor
  is not. How did the court rule?

64
Final Jeopardy
Dr. Rolland Oden began his tenure with Morgan
County Board of Education as an instructor and
attained continuing service status in that role.
He was later promoted to principal and attained
tenure in that role as well. Dr. Rolland applied
for and accepted a job as a transportation
supervisor with the Morgan County Board of
Education. When he was offered the job as
transportation supervisor, Dr. Rolland provided a
letter of resignation from his principalship at
the superintendents request in an effort to
jumpstart the process for hiring a new principal
for Union Hill Junior High. After serving in the
role of transportation supervisor for two years,
Dr. Oden was non-renewed by the school district.
The school district claimed that he lost his
tenure when he took on the job of transportation
supervisor, which did not require teacher or
administrative certification. Dr. Oden claimed
that the school district did not allow him due
process as required by section 16-24-2 of the
Alabama Code of 1975. The school district
claimed that he lost his supervisor status when
taking the transportation job. The school
district further claimed that in order to be a
supervisor for tenure purposes, one has to be
directly involved with students, which a
transportation supervisor is not. How did the
court rule?
65
Final Jeopardy

• Time Is Up

66
Final Jeopardy - Answer

• The Court held that Dr. Oden did not lose his
  tenure as a teacher when he became supervisor of
  transportation for the Morgan County Board of
  Education, but that he held continuing service
  status as a "supervisor. The Morgan County Board
  of Education re-employed Dr. Oden as supervisor
  of transportation.