The Employment Relationship - William Allan Kritsonis, PhD
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The Employment Relationship William Allan Kritsonis, PhD
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William Allan Kritsonis, PhD (Revised Summer, 2009) William H. Parker Leadership Academy Hall of Honor In 2008, Dr. Kritsonis was inducted into the William H. Parker Leadership Academy Hall of Honor, Graduate School, Prairie View A&M University – The Texas A&M University System. He was nominated by doctoral and master’s degree students. Dr. Kritsonis Lectures at the University of Oxford, Oxford, England In 2005, Dr. Kritsonis was an Invited Visiting Lecturer at the Oxford Round Table at Oriel College in the University of Oxford, Oxford, England. His lecture was entitled the Ways of Knowing Through the Realms of Meaning. Dr. Kritsonis Recognized as Distinguished Alumnus In 2004, Dr. William Allan Kritsonis was recognized as the Central Washington University Alumni Association Distinguished Alumnus for the College of Education and Professional Studies. Dr. Kritsonis was nominated by alumni, former students, friends, faculty, and staff. Final selection was made by the Alumni Association Board of Directors. Recipients are CWU graduates of 20 years or more and are recognized for achievement in their professional field and have made a positive contribution to society. For the second consecutive year, U.S. News and World Report placed Central Washington University among the top elite public institutions in the west. CWU was 12th on the list in the 2006 On-Line Education of “America’s Best Colleges.” Educational Background Dr. William Allan Kritsonis earned his BA in 1969 from Central Washington University, Ellensburg, Washington. In 1971, he earned his M.Ed. from Seattle Pacific University. In 1976, he earned his PhD from the University of Iowa. In 1981, he was a Visiting Scholar at Teachers College, Columbia University, New York, and in 1987 was a Visiting Scholar at Stanford University, Palo Alto, California. Doctor of Humane Letters In June 2008, Dr. Kritsonis received the Doctor of Humane Letters, School of Graduate Studies from Southern Christian University. The ceremony was held at the Hilton Hotel in New Orleans, Louisiana. Professional Experience Dr. Kritsonis began his career as a teacher. He has served education as a principal, superintendent of schools, director of student teaching and field experiences, invited guest professor, author, consultant, editor-in-chief, and publisher. Dr. Kritsonis has earned tenure as a professor at the highest academic rank at two major universities. Books – Articles – Lectures - Workshops Dr. Kritsonis lectures and conducts seminars and workshops on a variety of topics. He is author of more than 600 articles in professional journals and several books. His popular book SCHOOL DISCIPLINE: The Art of Survival is scheduled for its fourth edition. He is the author of the textbook William Kritsonis, PhD on Schooling that is used by many professors at colleges and universities throughout the nation and abroad. In 2008, Dr. Kritsonis coauthored the textbook A Statistical Journey: Taming of the Skew. The book has been adopted by professors in many colleges and universities throughout the nation. It was published by the Alexis/Austin Group, Murrieta, California. In 2007, Dr. Kritsonis’ version of the book of Ways of Knowing Through the Realms of Meaning (858 pages) was published in the United States of America in cooperation with partial financial support of Visiting Lecturers, Oxford Round Table (2005). The book is the product of a collaborative twenty-four year effort started in 1978 with the late Dr. Philip H. Phenix. Dr. Kritsonis was in continuous communication with Dr. Phenix until his death in 2002. In 2007, Dr. Kritsonis was the lead author of the textbook Practical Applications of Educational Research and Basic Statistics. The text provides practical content knowledge in research for graduate students at the doctoral and master’s levels. In 2009, Dr. Kritsonis’ b
Transcript of The Employment Relationship - William Allan Kritsonis, PhD
The Employment Relationship
William Allan Kritsonis, PhD
DUE PROCESS HOW MUCH PROCESS IS DUE?
What Is Due Process?•An established course for judicial proceedings or other governmental activities designed to safeguard the legal rights of the individual. Due process dictates that everyone is equal in the eyes of the law, and it also states that the law must be fair and clearly stated to prevent arbitrary actions by the state.• Fifth & Fourteenth Amendment• Perry v. Sindermann (1972)•Contractual employee has a property right in the job during the term of the contract. Any effort of the school to terminate the contract prior to its stated date of expiration is a deprivation of property. Thus, some amount of due process of required. Whether the employee is a continuing contract teacher with twenty years on the job or a first-year probationary teacher, the constitutional analysis and the constitutional right to due process are the same.
How Much Process Is Due?•As for the level of formality of due process in a
typical employee termination case, the essentials are:
1.Be advised of the cause or causes of the termination in sufficient detail to fairly enable him/her to show any error that may exist;2.Be advised of the names and the nature of the testimony of witnessed against him/her;3.At a reasonable time after such advice, be given a meaningful opportunity to be heard in his or her own defense; and4.Be given an opportunity for a hearing before a tribunal that both possesses some academic expertise and has an apparent impartiality
At-Will Employment Non-Chapter 21 Contracts Probationary Contracts Term Contracts Continuing Contracts Third-Party Independent Contract
Educators
Simply means that either the employer or employee is free to end the relationship at any time and for almost any reason. The employee has no contractual obligation to work for the employer for a set period of time. In addition, the employer does not guarantee the employee continued employment for a set period of time as well.
Given to new employees who are usually first year teachers who are fully certified. (Ch. 21 TEC)
Educator will serve a probationary period that is basically the same in all school districts throughout the state. After designated period, educators will split into term or continuing contract employees.
Probationary period can be as long as three years, except for teachers coming to the district after having been employed in public education for five of the eight preceding years. The teacher will be employed on a contract that cannot exceed one year in length. Thus, in the typical situation, the teacher will serve under three consecutive one-year probationary contracts.
Probationary teachers can resign without penalty up to forty-five days before the first day of instruction.
Certain employees are entitled to a written contract under the Texas Education Code
According to § 21.002 of the TEC, school districts are required to employ each classroom teacher, principal, librarian, nurse, or counselor under a Ch. 21 contract, meaning a probationary, a term, or a continuing contract.
Determined by local school board Any non-probationary Ch. 21 contract for
a fixed term Length of contract can be up to five
school years. Key factor: lays out a beginning and
ending date Resign forty-five days prior to instruction
Automatically rolls over from one year to the next without the necessity of board action
No specific length of time Contract remains in effect until the
teacher resigns, retires, is terminated, or is returned to probationary status
Private companies offered to provide teachers for public school districts
Baby boom generation of teachers nearing retirement (TRS)
Retire, begin drawing benefits, and then go to work at a salary equivalent to or better than what they had been making
Power to adopt rules specify the various classes for educators certification.
The rules for out state educators.
The disciplinary procedures by which the certification may be revoked.
SBEC must appoint an advisory committee with respect to each class of educators certification.
Rules adopted by SBEC and review by SBOE
SBOE is limited by the provision of the SBEC.
SBOE must vote and can only reject by two thirds vote.
14 members only eleven of them can vote. 3 NONVOTING MEMBERS TEA employee, Texas higher education
coordinating board member, dean of the college of education
4 public school teacher 2 public administrators 1 public school counselor 4 citizens
Requires that all teacher be hired on a high qualified status.
2005-2006 schools requirements for NCLB applied to all school receiving NCLB fund.
Employees under state law may not hold two legally incompatible offices.
ex. Being a teacher and a trustee Hiring immediate family Requiring that employees live with the
district
Laws that prohibit discrimination based on race, sex, religion, age, national origin, and disability apply to all major employers, including Texas public school districts.
First, law apply to all employees, regardless of contractual status.
Second, the laws that prohibit discrimination have implications for hiring process itself.
Third, sexual harassment Fourth, there is no law that requires school districts
either to advertise vacancies or to post them internally.
Provision # 1School board and the Superintendent Provision # 2Campus principal and central office
SBEC now has the duty to obtain criminal history record information on all holders of and applicants for educator certification.
The school district are no longer required such background check.
School districts will still do back ground checks on noncertified employees and volunteers
When school district will do background checks on contracts with another entity for transportation.
At-will Employees Non-chapter 21 Contracts Probationary Contracts Term Contracts Continuing contracts 3rd party independent contractors The independent hearing systems A few final thoughts on “Good Clause” Constructive Discharge
Contract renewal/nonrenewal do not apply All federal and state mandates prohibiting
discrimination apply with equal force Due process does not apply, no property interest Can at-will employees be terminated for “no
reason at all?” Can be terminated for any legally permissible
reason Can be terminated at anytime No constitutional requirement of
predetermination due process
May file a grievance or lawsuit asserting termination impermissibly motivated
If employee does seek legal recourse: Must show something more than “unfair”
treatment Burden on employee to show employer’s
action illegal
Termination determined by the school board
Not subject to the independent hearing system or statutory nonrenewal process
If contract contains a specific term, employee is entitled to constitutional due process
Intent to make easy to terminate the relationship between the teacher and school district
Board simply gives notice to teacher of its decision to terminate employment
No specific reason is required Law does not require district to afford
teacher a hearing, although they could choose to do so
Board’s decision is final and may not be appealed
Does not prevent teacher from filing suit alleging a wrongful discharge
Contract can be non-renewed even with the superintendent’s recommendation
Immediate termination rather than waiting District must provide teacher with formal due
process Must demonstrate good reason for ending
relationship early
State law permits early termination, or suspension without pay for the rest of the school year For good cause as determined by the board of conduct
for the profession as generally recognized and applied in similarly situated school districts in this state
Next process would be independent hearing system Full blown due process hearing
Right too present evidence Cross examine witnesses Be represented by counsel
School can take one of three actions: Renew, non-renew, terminate
Non renewal contract refers to decision of school district to let term contract expire.
Multiyear term contract: common practice is to extend the contract
each year Decision to non-renew can be made only in
the final year of contract
Requirements: Board must give notice of proposed renewal or
nonrenewal by the 45th day before the last day of instruction in the school year
Board must consider the teacher’s evaluation prior to any decision not to renew
Board must consider the most recent evaluations before making a decision not to renew a teacher’s contract if the evaluations are relevant to the reason for the board’s action
Entitled to a closed hearing with board prior to nonrenewal: 15 days to request
Teacher may appeal to commissioner of education
Superintendents nonrenewal contract: Entitled to notice no later than the 30th day before
last day of contract Reasonable notice of the reason for proposed
renewal Cost of buyout: if the payment exceeds one year
of his or her salary, TEA must deduct excess amount for district’s funding for the next school year
No such thing as “nonrenewal” May be terminated anytime at any time
for good cause Reduction in days served has been
approved in more recent cases
School district never employed the teacher no contract and no legal requirements for
ending the relationship
Means that convincing evidence has been presented to indicate the school district is justified in breaking off it contractual commitment to the teacher
Employee resigns and then claims that the resignation was not voluntary
Actions of the employer forced employee into an involuntary resignation
Focus is twofold Were employee’s working conditions
“intolerable?” Was there “illegal conduct” on the part of the
employer?
If a case can be proven, employer is liable for the illegal conduct leading to the discharge, just as he/ she would be in the case of formal discharge
Does not prevent him/her from filing a federal lawsuit claiming the resignation was forced due to intolerable conditions created by the employer
William Allan Kritsonis, PhDWilliam Allan Kritsonis, PhDProfessorProfessor
PhD Program in Educational LeadershipPhD Program in Educational LeadershipWhitlowe R. Green College of EducationWhitlowe R. Green College of Education
Prairie View A&M UniversityPrairie View A&M UniversityMember of the Texas A&M University SystemMember of the Texas A&M University System
Prairie View, Texas 77446Prairie View, Texas 77446
