Teachers and The Law
7th
Chapter 2
Do I Have A Contract?
Fischer, Schimmel, Stellman
PowerPoint Presentation
Gerri Spinella Ed.D.
Elizabeth McDonald Ed.D.
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Chapter 2
Do I Have A Contract?
Essential Question
What are the legal implications of a
teaching contract?
Copyright © Allyn & Bacon 2007
Key
Concepts
Key
Concepts
Chapter
2 – Do I Have
A Contract?
Chapter
1-Teachers
and the
Legal System
Express
and
Implied
Contracts
Creating a
Contract
Breach of
Contract
Copyright © Allyn & Bacon 2007
KEY Terms
Chapter 2 – Do I Have A Contract
Contract (16)
Meeting of the Minds (16)
Express Contract (17)
Implied Contract (17)
Unilateral Contract (17)
Breach of Contract (18-19)
Damages (21)
Impossibility of Performance (22)
Termination (22)
Copyright © Allyn & Bacon 2007
Case Presentation
The Loup Case
Copyright © Allyn & Bacon 2007
Creating a Contract
Express or Implied
Contract
A legal
contract
requires the
following
conditions:
Legal subject matter
Meeting of minds of
both parties
Valid consideration
Competent Parties
Definite Terms
Approved by the School
Board
A contract
is binding
on both
parties.
Each will be legally
liable if obligations
are not met.
State statutes vary
States carry the basic
responsibility for
education
State minimum
requirements
Written contracts vary
Copyright © Allyn & Bacon 2007
Local
School
Boards
Hire
Teachers
Most
school
boardswritten
contracts
Issue contracts to
individuals who have
valid teaching certificates
Educational
Requirements
Contracts
Absence of
Criminal
Background
Collective
Bargaining
Negotiations
1 year (based upon
criteria of nonmisconduct); may
be renewed each
year
Issue provisional contracts for
shortage areas; complete
requirements for certification
Completion of National
Teacher Examination
Employment Conditions
(wage, salaries, benefits,
extra-duty pay scales)
Stipulations (assignment,
transfer, promotion, class size
and length of school calendar)
Copyright © Allyn & Bacon 2007
Key Concepts
Chapter 2 – Do I Have A Contract?

•
•
•
Only Boards of Education
can hire teachers
Oral contracts can be
legally binding
Quasi contract – implied
in law.
Conditions in a contract
cannot be changed after it
is in effect
• Liquidated damages –
difficult to determine
the $ of a breach of
contract
• Writs of Mandamus –
force school officials to
comply with a contract
• Injunction – court order.
Copyright © Allyn & Bacon 2007
Breach of Contract
School
Teacher
Impossibility of
Performance
Change terms of
contract after effect
Refuses to accept
position
Abandons the position
Legal Consequences
Damages (Money)
Liquidated
Damages Clauses
Revocation/Suspension
-License (States Vary)
Other Legal Ramification
Injunction
Writ of
Mandamus
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Analysis
of
The Loup Case
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Initial Proceedings
Complaint
Interrogatories
Facts of
claim by
plaintiff
seeks
Depositions
Defendant
Answers
(30 days)
or motion
to dismiss
Document
Requests
Discovery Begins
Settlement Conference
Step by Step
In The
Court System
OUTCOME
EDUCATIONAL IMPLICATION
Copyright © Allyn & Bacon 2007
Chapter 2
Do I Have A Contract?
Reflection
Knowing the role of contracts in education,
how does this knowledge enable teachers
and administrators to use this agreement
effectively in their schools and districts?
Copyright © Allyn & Bacon 2007