Teacher Contracts
Boards and Courts
Acts of Legislation
You Make the Call
Odd, But True
100
What is the date for which a contract for a teacher must be issued?
What is May 15 with final acceptance of June 15?
100
Are Boards required to put public comment on their agenda?
What is no? Boards control their agenda and it is not required in law.
100
Under Act 83, Wisconsin’s Fair Employment Act created a new section of statutes, which state that it is not employment discrimination for educational agency to choose not to employ this type of person.
What is a felon?
100
Does attorney-client privilege protect emails sent from a work account?
What is no? Not private. From a work account. Policy says for business use only. Employer monitors.
100
Who gets the frequent flier miles/awards for a special education transportation provided by the School District?
What is the District? Nothing in IDEA entitles parent and the miles have no relationship to educational benefit. Parent suffers no real threat of financial loss. (Texas case)
200
What is the date for GSD that is the date at which a separation fee is assessed?
What is June 1?
200
When is information for a Board packet due to Jayne?
What is the Tuesday before a Board meeting at 12 noon is the absolute “drop-dead” time to turn anything in and add it to an agenda? Before that is BETTER!
200
Under Act 84, a new clause was added containing information on “immoral conduct” – this includes what acts?
What is intentional use of an educational agency’s equipment to download, view, solicit, seek, display or distribute pornographic material? The Act also mentions: district’s duty to report, DPI requirement to post that a license is under investigation, and when revoked – DPI requirements to post specific information related to the investigation, findings, etc.
200
An employee enters the aquatic center and takes towels from the Lost and Found to give to a needy family. The employee was discharged. Was the discharge upheld? Why or why not?
What is upheld? Premeditated. (City of Sun Praire)
200
An employee requests five weeks of vacation consecutively. The employer denies it without examining, among other things, the reason for request. What did the arbitrator decide?
What is to allow the vacation given that the employer rested on “arbitrary inference?” The employer needed to look case-by-case.
300
Is there a legal standard for non-renewal of a teacher in the statutes?
What is - No, the process for non-renewal is outlined, but the standard is not? Our handbook and policies would guide this.
300
Regarding expulsion, in a recent case in Madison, a student involved in criminal matters through the judicial system and who was expelled from Madison Schools was ordered by the court to “attend regularly with no absences.” The end result was the student did not have to return to school. Why?
What is the Wisconsin Supreme Court ruled that schools can’t be ordered to provide education by courts?
300
Wisconsin Act 125 changes the provisions related to Seclusion and Restraint. When can you seclude a student?
What is “The students behavior presents a clear, present, and imminent risk to the physical safety of the student or others, and it is the least restrictive intervention feasible?” No danger, no deprivation, ongoing monitoring Free of fixtures that may injure, bathroom access, drinking water, medications, meals, duration only long enough to resolve, no locks (inside or out), see student at all times Notify parents as soon as able (one day) Reporting obligation of two business days with specific requirements for what is in report Takes effect on September 1, 2012
300
A part-time teacher is being overpaid. The district realizes it is not their fault and makes every effort to resolve. Shortly thereafter, the district finds out that the part-time teacher knew about the overpayment, but failed to raise the issue with the district. The teacher is non-renewed. She alleges that the non-renewal is based on the district’s hostility with on her union involvement and the union’s involvement with her pay dispute. Was the non-renewal upheld?
What is upheld? Based on teacher's ethics and integrity.
300
The employee of a landfill received 15-30 still functioning school lights. He received them without requiring the payment of the delivery fee or weighing them which was policy. Instead, they were placed in a shed and the employee subsequently sold them (10 lights @ $10/each) which he kept. The employee repeatedly denied receiving the money. How did the arbitrator rule?
What is the employee was reinstated with back pay as there were “inconsistencies” in the county’s application of policy – whereas the county allowed employees to take items home for personal use, but not future sale. (Juneau County)
400
Can a Board negotiate with an individual regarding base wage?
What is no? However, they can negotiate supplemental wage.
400
In a recent case involving Southern Door County Schools, a student was expelled, but continued to use the weight room and in separate instances, pick up a friend on campus. The District stated this was a trespass and banned the student from the grounds. The student sued stating that his liberty and property interest were denied and the ban from being on the grounds denied him his intrastate travel interest. Was the student’s claim successful?
What is no. Procedural due process was given for all suspensions, expulsion, and revocation of expulsion. So, the claim failed there. No liberty interest was harmed specifically, the school made no damaging statements of defamation. And, intrastate travel only covers the freedom to move from place to place, but not access.
400
Act 166 charges DPI with a number of changes related to education reform. Name one of the changes.
What is • DPI (in consultation with other organizations) to evaluate teacher preparation programs • DPI creation of educator effectiveness system (for teachers and principals) • School Boards to annually evaluate kindergarten students for reading readiness and provide interventions • Prohibits DPI from issuing an initial license as a reading teacher or reading specialist (without a specific examination) • Also, creates the “Read to Lead” Council through governor’s office • Took effect on April 17, 2012
400
The employee requested five weeks of consecutive vacation. It was denied without examining the reason for the request or needs of the district. It went to arbitration. What did the arbitrator rule?
What is upheld? Person could take five straight weeks as the organization did not examine the impact against the personal plans. No discretion was used or exercised.
400
After repeatedly being warned about following established procedures, a teacher bypassed proper supply ordering procedure by pretending to be the superintendent while placing a phone order with a local vendor who described the interaction as “very rude.”The superintendent was not a part of the supply order and had no knowledge of the transaction. How did the arbitrator rule?
What is the arbitrator upheld the two day suspension. (Oostburg)
500
Given all the changes in law, give two of the four standards for dismissal/discharge of a teacher?
What is “good and sufficient cause," inexcusable violation of instructions, neglect of duty of a substantial character and/or misconduct?
500
Student speech is always a “hot topic” in the courts. Here’s the case, you make the call. (page 36)
What is the court dismissed the claims ruling that the school could legitimetly take action?
500
Act 216 changes instruction related to Human Growth and Development. Name two of the many areas that changed with this Act.
What is • Abstinence is the only reliable method • Instructional on parental responsibility and the socio-economic benefits of marriage for adults and children • Explanation of pregnancy, prenatal, and childbirth • Presentation of medically accurate information about the human papiloma virus • Can instruct through separating boys and girls
500
A partially laid off teacher requests a halftime assignment (and bumping) in the middle school, in addition to returning to her half-time high school position. Making this person a full-time employee again (at a combination middle school and high school position) would bump others and require a schedule change for other teachers at the middle school. Additionally, if the changes were not made, some middle school work would conflict with the high school. Given seniority is still a factor, how did the arbitrator rule?
What is held that the district is not required to change the educational program to accommodate seniority. (Sussex)
500
The employee, without authorization, retrieved payroll records from a supervisor’s desk in order to find answers related to payroll calculations. The employee received a written warning and was told to return to the supervisor’s office the next day. The following day the employee received a one-day suspension. The employee arbitrated the suspension. How did the arbitrator rule?
What is the one-day suspension was removed citing “double-jeopardy.” There was no evidence of additional investigation on the part of the administrator and the written warning had no statement of preliminary findings. (Prairie du Chien)
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