Thursday, November 10, 2011

School Law 201

again, from the MASC/MASS conference in Hyannis
Non-renewal of non-tenured teachers

Hull: "a case of bad facts making bad law" Two year teacher, hadn't been evaluated at all
The court confused "dismissal" and "non-renewal"
Dismissal is for cause, involves hearing process
Non-renewal is done at the end of the school year, without cause, by end of June
Many confused as a result.
Laurano v. Super. of Saugus found the distinction again
Dismissal for cause and non-renewal for an employee with right to employment on an annual basis are very different things
In a non-renewal notice "keep it very simple...don't add anything that could be the subject of further discussion or debate"

Labor relations: he asks if anyone is in the middle of contract negotiations, and nearly every hand goes up
employees' First Amendment rights: insignia in schools during contract negotiations
"management sometimes rises to the bait.." Do not have the right to direct what people are wearing during contract negotiations
"you can't do that"
"lose it legally, also lose it with your staff members...trying to maintain trust"
Work to rule: refusing to do college application letters, not using full features of computer grading system, would not teach independent study courses (DLR decision with King Phillip Regional)
law is clear: "if the working not universally performed by every member of the bargaining unit, you cannot require it...truly can't compel it"
However, if it's in the contract, it can be compelled

Education collaboratives: after audit, DESE conducted a series of hearings, issued a report including proposed next steps and recommendations
two bills filed regarding collaboratives; hearing by Joint Committee on Education on them earlier this week
who appoints and who removes board members?
Audits be shared with member school committees
reasonable number
appropriate salaries
will be seeing legislation coming, if not this term then after the recess

Reminder of the manditory reporting of child abuse (per Penn State), Ch. 119, Section 51A
all employees who have custodial contact with kids are mandated reporters of emotional or physical abuse

Arbitration: more favorable review standard under collective bargaining than under the statute
if the facts cited by management were proven, the discipline sticks

if people want to discuss the boss on Facebook, probably upheld
Note: not students
social media law still developing, though

Legislation of interest:
H168: attorney's fees bill

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