Week+4+-+Professional+Employees

[] [] (look yourself up on the data-base) || It is important to note that once a license is decertified it cannot be reinstated unless the educator **again** completes a state-approved licensure program for that subject/grade level through a regionally accredited professional educator preparation program. These requirements would include: Listed below are the essential steps to follow for license decertification: > Educator Licensing > Attn: Kathi Nash > Department of Public Instruction > Box 7841 > Madison, WI 53707-7841 Final approval for the decertification request will be by the Director of Teacher Education, Professional Development and Licensing. If the request is received by June 30th, the approved certification will take effect on July 1st of that year. If the request is received after June 30th, the decertification will take effect on July 1st of the following year. Iowa Supreme Court. Jasper v. H. Nizam, Inc., Section 103.455 of the Wisconsin Statutes prohibits employers from making a wage deduction for stolen property. || An at-will employee can be fired at any time, for any reason (except for a few illegal reasons, spelled out below). If the employer decides to let you go, that's the end of your job -- and you have very limited legal rights to fight your termination. Copyright 2009 Nolo ||
 * __**TOPIC**__ || __**REFERENCE**__ || __**NOTES**__ ||
 * **// I. Statutory & Contract Terms //** ||  ||   ||
 * **// II. Employment Rights & Duties //** ||  ||   ||
 * ** A. Employment Eligibilty ** ||  ||   ||
 * 1. State Certification (Tag TH) ||  || []
 * a. Decertification (Tag TH) ||  || Educators in Wisconsin currently have the option of dropping subjects or grade levels from their Department of Public Instruction (DPI) issued licenses. This process is referred to as **decertification**. To access information about current licenses go to: [|DPI License Look-up].
 * Relevant coursework
 * Portfolio development and review
 * Praxis II content exam
 * Other current requirements included in the preparation program
 * Process of Decertification**
 * Access the [|License Decertification Request Form] [[image:http://dpi.wi.gov/images/system/msword.gif width="22" height="19" caption="MS Word document"]] or call Educator Licensing at 608-266-1879 to request a form.
 * Fill out the form.
 * Sign the form in the presence of a notary public.
 * Mail the form to:
 * Other Important Information on the Decertification Process**
 * It is the educator's responsibility to inform his/her employing school district, in a timely manner, of the decertification.
 * Once the decertification is processed, the DPI licensing database will be updated and the license will be identified as "Decertified."
 * A copy of the approved decertification form and educator's License Lookup Page will be mailed directly to the educator.
 * A new license certificate is not automatically issued. If the educator would like a copy of the new license certificate reflecting the decertification, s/he will need to apply for a duplicate license. This process requires completion of the [|PI-1620-DUP application], and a $50 fee. (Note: Duplicates are only issued for current licenses). ||
 * b. At Will Employee (Tag TH) || //Strozinsky v. Brown Deer School District//
 * 2. Personal Conditions ||  ||   ||
 * a. Residency (Tag AB-S) || Wardvell v. Board of Education-529 F.2d 625 (6th Cir. 1976)

|| Unless law forbids, school boards may require their teachers and other employeers to reside within the employing district (Valente & Valente, 2005, p. 158)

||
 * b. Health (Tag AB-S) || Wisconsin's Fair Employment Act (FEA)

Wisconsin State Statute 111.31-111.395 (Sub Chapter II Fair Employment)

Wisconsin State Statute 118.25-Health Examinations

Wisconsin Statute 143-DHSS has broad powers to control and suppress communicable diseases

Arline v. School Board of Nassau County, 772 F. 2d 759 (11th Cir. 1985)

Terrell v. Pabst Brewing(bronchitis not a handicap) Keith v. AFK(pneumonia not a handicap)

Southeastern Community College v. Davis ||



Boards may suspend or dismiss an employee whose condition impairs teaching performance or poses a dager to others at school (Valente & Valente, 2005, p. 158)


 * According to Sothestern Community College v. Davis** the Court determined that certain physical qualifications are essential to the performance of some jobs, and that employers are free to establish and maintain such qualifications. ||
 * c. Military (Tag AB-S) || Uniformed Services Employment Rights Act of 1994 (USERRA)

Wisconsin State Statute 111.355

Veterans' Reemployment Rights Act (VRRA)

Wisconsin Fair Employment Act

Eidukonis v. Southeastern Pennsylvania Transportation Authority

Lee v. City of Pensacola

Gulf States Paper Corporation v. Ingram ||

||
 * d. Vehicle Use (Tag AB-S) || **Wisconsin State Statute 345.05

Manor v. Hanson

Reuter v. Murphy** ||

In, 1962 the Wisconsin Supreme Court abolished the concept of governmental immunity and concluded that public bodies can be held liable for damages caused by the torts of their officers, agents, and employees occuring in the course of business, including claims of neglect. || A. Teachers do not have a freestanding right to be assigned to a particular school or class B. There is no constitutional right to teach at a particular school C. School Boards do not need to grant a due process hearing to a teacher who objects to a school assignment or placement II. To Overturn a Placement A. Teacher needs to prove that a **civil right** was violated B. Teacher needs to prove that **Employment discrimination** occurred C. Administration/Board violated their own **official board policies**
 * ** B. Performance Issues ** ||  ||   ||
 * 1. School Assignments (Tag GA) || **Wisconsin State statue 103.51** || I. School Assignments


 * Public policy as to collective bargaining. **

In the interpretation and application of ss. 103.505 to 103.61, the public policy of this state is declared as follows: from voluntary agreement between employer and employees. Governmental authority has permitted and encouraged employers to organize in the corporate and other forms of capital control. In dealing with such employers, the individual unorganized worker is helpless to exercise actual liberty of contract and to protect his or her freedom of labor, and thereby to obtain acceptable terms and conditions of employment. Therefore it is necessary that the individual worker have full freedom of association, self−organization, and the designation of representatives of the worker’s own choosing, to negotiate the terms and conditions of the worker’s employment, and that the worker shall be free from the interference, restraint or coercion of employers of labor, or their agents, in the designation of such representatives or in self−organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection. A. Arguments over assigned job duties that are not specified in a contract raise the question whether those duties are properly implied as a matter of law B. Courts will not imply a duty that is contrary to law or to an express contract provision C. Courts have implied teacher duties to perform noninstructional tasks that are reasonably part of a teacher’s position 1. Such as: supervision of study halls, cafeterias, and school-sponsored events
 * (1) ** Negotiation of terms and conditions of labor should result
 * History:** 1995 a. 225; 1997 a. 253. ||
 * 2. Implied Duties (Tag GA) || Blair v. Robstown Independent School District || I. Implied Duties

II. Arguments over implied duties A. Has diminished with the increased specificaotin in union bargained contracts B. Implied duties should be negotiated ||
 * 3. Evaluations and Ratings (Tag GA) || **118.225 Teacher evaluations.**

20 USC 6311 (b) (3) ||  111.70(4)(o) (o) //Mandatory subjects of bargaining.// In a school district, in addition to any subject of bargaining on which the municipal employer is required to bargain under [|sub. (1) (a)], the municipal employer is required to bargain collectively with respect to the development of or any changes to a teacher evaluation plan under [|s. 118.225].

A school board may use the results of examinations administered to pupils under s. 118.30 and 20 USC 6311 (b) (3) to evaluate teachers if the school board has developed a teacher evaluation plan that includes all of the following: teachers. evaluations to improve pupil academic achievement.
 * (1) ** A description of the evaluation process.
 * (2) ** Multiple criteria in addition to examination results.
 * (3) ** The rationale for using examination results to evaluate
 * (4) ** An explanation of how the school board intends to use the
 * History:** 2009 a. 60.

shall adopt or approve examinations designed to measure pupil attainment of knowledge and concepts in the 4th, 8th and 10th grades.
 * 118.30 Pupil assessment. (1) ** The state superintendent

(c) The results of examinations administered under this section or under 20 USC 6311 (b) (3) to pupils enrolled in public schools, including charter schools, may not be used to discharge, suspend or formally discipline a teacher or as the reason for the nonrenewal of a teacher’s contract. || A. Teachers have no affirmative right to a particular school assignment, but they may challenge a change of assignment as an unlawful demotion. B. Demotions are presumptively valid 1. Teachers have to prove that the demotion was unlawful 2. In some states a demotion is only considered a demotion if the move results in a reduction of compensation 3. Other states include reduction in pay, rank, and reputation or prestige. || Wisconsin Statute Link 118.22: [|Non-Renewal of Prob Teacher.doc] || Probationary teachers may acquire tenure by completion of prescribed period of satisfactory service. Until secured tenure, school boards may decline to renew at expiration of current contract. No hearing, notice or statement of reasons required. 14th Amendment reference – non-tenured teachers do not have a constitutional property interest. || [|Teacher Tenure.doc]
 * 4. Demotions (Tag GA) ||  || I. Demotions
 * ** C. Job Security ** ||  ||   ||
 * 1. Nontenured Teachers (nonrenewal) || Non-renewal of probationary teacher: [|(Sheboygan Falls example 3142)]
 * 2. Tenured Teachers || Wisconsin Statute Link 118.23:

Termination and Resignation 118.22 Wis. Stats [|(Sheboygan Falls example 3140)] || Tenure rights and status created by state legislation. Tenure rights once vested are protected by constitutional law. Tenured positions fixed by state law. Vested tenure rights are considered a “property” interest that is entitled to due process protection. Tenure rights may be suspended or terminated only for grounds specified in tenure statutes. ||
 * a. Required Service Period || [|Kletzkin v. Board of Education]

[|Fairbanks. N. Star School v. NEA-Alaska, 817 R.2d 923 (Alaska 1991)] || This is the required period of satisfactory service to acquire tenure – usually 3 years – and may not be waived or ignored by a district.

Service period usually begins with commencement of service, not date of hire.

District refuses to grant tenure to employments after 2 full years of employment under AS statute 14.20.150 || Taft-Hartley Act 1947 Wagner Act 1935 (allow for stronger union organization) || **(2) **“Collective bargaining” is the negotiating by an employer and a majority of the employer’s employees in a collective bargaining unit, or their representatives, concerning representation or terms and conditions of employment of such employees, except as provided under ss. 111.05 (5) and 111.17 (2), in a mutually genuine effort to reach an agreement with reference to the subject under negotiation.
 * b. Scope of Tenure ||  || Must examine specific state’s scope of tenure. i.e. if extends to all areas of certification or specific area. ||
 * 3. Probationary Teacher ||  ||   ||
 * ** D. Collectively Bargained Contracts ** || 111.70(1)(a)

Collective bargaining consists of negotiations between an employer and a group of employees so as to determine the conditions of [|employment]. || one employer, employed within the state, except as provided in s. 111.05 (5) and (7) and except that where a majority of the employees engaged in a single craft, division, department or plant have voted by secret ballot as provided in s. 111.05 (2) to constitute such group a separate bargaining unit they shall be so considered, but, in appropriate cases, and to aid in the more efficient administration of ss. 111.01 to 111.19, the commission may find, where agreeable to all parties affected in any way thereby, an industry, trade or business comprising more than one employer in an association in any geographical area to be a “collective bargaining unit”. A collective bargaining unit thus established by the commission shall be subject to all rights by termination or modification given by ss. 111.01 to 111.19 in reference to collective bargaining units otherwise established under ss. 111.01 to 111.19. Two or more collective bargaining units may bargain collectively through the same representative where a majority of the employees in each separate unit have voted by secret ballot as provided in s. 111.05 (2) so to do. || Arbitration- Interest Arbitration and Greivance Arbitration
 * 1. Bargaining Units || 111.70(1)(b) || **(3) **“Collective bargaining unit” means all of the employees of
 * 2. Bargainable Matters ||  || Determines what can and cannot be bargained for a contractual agreement. ||
 * a. Mandatory ||  || Both the employer and the employee representative are required to bargain over "**wages, hours, and other terms and conditions of employment**." This has been defined over the years to include wages and fringe benefits, grievance procedures, arbitration, health and safety, nondiscrimination clauses, no-strike clauses, length of contract, management rights, discipline, seniority, and union security. ||
 * b. Permissive || Dodgeland Educational Association vs WERC (prep time is permissable not mandatory and thus not a fringe benefit) || Those negotiable items that can be used during bargaining, if deemed permissable by State Statues. If both sides do not agree to bargain then it will not be part of the bargaining agreement. These are items that are deemed not to have a direct impact of working relations ||
 * c. Prohibitive ||  || Items that are not to be bargained on because they would go already set policies, state or federal statues, or position classification. (compliance.gov) ||
 * **__TOPIC__** || **__REFERENCE__** || ** __NOTES__ ** ||
 * d. Past Practice ||  || When something is not in writing but has been done for many years it may be considered implied agreement. Implied agreements primarily grow out of the actions of the parties in following an open and consistent course of conduct, what is known as past practice. ||
 * 3. Dispute Resolution ||  ||   ||
 * a. Mediation and Arbitration || __**[|Chapter 111-Employment Relations]**__ || Mediation-A designated third party attempts to bring negotiating parties into agreement, but mediation, unlike arbitration, relies only on persuasion. Mediation, in some states, must be exhausted before going to other measures. (Valente and Valente, 168)

Greivance Arbitration-used to resolve performance dispute issues under a current contract Interest Arbitration-is used to resolve disputes that arise is the course of contract negotiations. || strike is in progress, the employer may either seek an injunction or file an unfair labor practice charge with the commission under s. 111.84 (2) (e) or both. It is the responsibility of the office to decide whether to seek an injunction or file an unfair labor practice charge. The existence of an administrative remedy does not constitute grounds for denial of injunctive relief. (2) ** The occurrence of a strike and the participation therein by an employee do not affect the rights of the employer, in law or in equity, to deal with the strike, including: (a) The right to impose discipline, including discharge, or suspension without pay, of any employee participating therein; (b) The right to cancel the reinstatement eligibility of any employee engaging therein; and (c) The right of the employer to request the imposition of fines, either against the labor organization or the employee engaging therein, or to sue for damages because of such strike activity. History: ** 971 c. 270; 1977 c. 196 s. 130 (9); 1977 c. 273; 1985 a. 42; 1989 a. 336; 1995 a. 27; 2003 a. 33. ||
 * b. Strikes || 111.89 Strike prohibited. (1) Upon establishing that a

According to Valente and Valente (169)- "teachers have a limited right to strike under specified conditions." "picketing for informational purposes is protected as free speach." ||
 * c. Strike Sanctions || Hortonville Joint School District No. 1 v. Hortonville Educ. Assn., 426 U.S. 481 (1976)

[|Hortonville Case] || "The penalties for violating a court strike injunction include monetary fines or imprisonment for contempt of court, as well as statutory fines and penalties" "A school district may have grounds to discharge employees who persist in supporting an unlawful strike, namely, termination for unauthorized absence from work, insubordination, or a finding of teacher abandonment of the district employment position".(Valente and Valente, 170) || This website is intended to provide information about, and easy access to the WERC and its personnel and services. Links to the major site content categories appear at the top left corner of this page and the bottom of most other pages, and a more detailed site map appears below. We hope you find our site useful, and we invite your comments, questions and suggestions about it. ||
 * d. WERC (Wis. Employment Relations Commission) || __**[|Wisconsin Employment Relations Commission]**__ || Taken from the webpage: **welcome to the Wisconsin Employment Relations Commission website!** Our agency serves the citizens of Wisconsin by promoting peaceful and effective employment relations in the municipal, state and private sectors. WERC is a small, independent agency headquartered in Madison, with several professional staff members stationed in other communities around the State. WERC Commissioners and staff travel the State conducting hearings and issuing labor relations decisions in administrative law and contract grievance disputes; mediating contract negotiation and grievance disputes; conducting secret-ballot employe votes; and providing labor management cooperation training and facilitation. The agency also provides labor and management with lists of qualified ad hoc neutrals not employed by WERC, for a variety of statutory and contractual dispute resolution procedures. In 2003, the WERC also became responsible for hearing and deciding appeals relating to certain State Civil Service personnel actions, in cases that are sometimes referred to as "personnel appeals."
 * **// III. Suspension and Termination //** ||  ||   ||
 * ** A. Resignation and Abandonment ** ||  || * A teacher must know what would be considered resignation or abandonment of their position
 * Some states, once you've submitted the letter of resignation, it is considered official, while in others, it is not official until the board approves it.
 * A resignation that is general will apply to all positions held in the district, while a specific letter can be used to resign only certain positions ||
 * ** B. Reduction in Force (RIF) ** || Wis. 118.23(3) || * RIF typically happens as a result of money issues involving budgets, declining enrollment, and/or reorganization of districts and schools.
 * If you are dismissed because of RIF, it will not impact your reputation as a teacher
 * Three legal issues involving RIF:
 * When to RIF
 * Whom to RIF
 * How to RIF
 * Determination of justification lies with the school board

"No teacher who has become permanently employed under this section may be refused employment, dismissed, removed, or discharged, except for inefficiency or immorality, for willful and persistent violation of reasonable regulations of the governing body of the school system or school or for other good cause, upon written charges based on fact preferred by the governing body or other proper officer of the school system or school in which the teacher is employed." Wis. ss. 118.23(3) || **(3)** At least 15 days prior to giving written notice of refusal to renew a teacher's contract for the ensuing school year, the employing board shall inform the teacher by preliminary notice in writing that the board is considering nonrenewal of the teacher's contract and that, if the teacher files a request therefor with the board within 5 days after receiving the preliminary notice, the teacher has the right to a private conference with the board prior to being given written notice of refusal to renew the teacher's contract. Wis. ss. 118.22(3)
 * 1. Grounds for RIF ||  || Reasons for RIF:
 * Enrollment Decline
 * Fiscal or Budgetary Basis
 * Reorganization of Consolidation of School Districts
 * Reduction in the Number of Teaching Positions
 * Curricular Changes
 * Other Good or Just Cause ||
 * 2. Order of Release and Recall || Wis. ss 118.22 || **"(2)** On or before March 15 of the school year during which a teacher holds a contract, the board by which the teacher is employed or an employee at the direction of the board shall give the teacher written notice of renewal or refusal to renew the teacher's contract for the ensuing school year. If no such notice is given on or before March 15, the contract then in force shall continue for the ensuing school year. A teacher who receives a notice of renewal of contract for the ensuing school year, or a teacher who does not receive a notice of renewal or refusal to renew the teacher's contract for the ensuing school year on or before March 15, shall accept or reject in writing such contract not later than the following April 15. No teacher may be employed or dismissed except by a majority vote of the full membership of the board. Nothing in this section prevents the modification or termination of a contract by mutual agreement of the teacher and the board. No such board may enter into a contract of employment with a teacher for any period of time as to which the teacher is then under a contract of employment with another board." Wis ss. 118.22(2)

[|Wisconsin Statute 118.22 - Renewal of Teacher Contracts.doc] ||  ||
 * Priority of recall follows order of teacher rank
 * Tenured teachers on leave retain their rank
 * Districts will need to realign positions after RIF based on fairness ||
 * ** C. Discharge for Cause ** || [|Wisconsin Statute 118.21 - Teacher Contracts.doc]
 * 1. Grounds for Discharge: || [|Blaine v. Moffat County School Dist., 709 P.2d 96 (Co. 1985) - (Drinking with Students)] || Teacher was discharged for drinking with her students. Extenuating circumstances, and inexperience of teacher not seen as a valid rationale to overturn the dismissal.

School boards can choose a lesser penalty than discharge, and may also be required to offer opportunities for remediation.** ||
 * Principal grounds for a just cause discharge include: incompetency, incapacity, insubordination, unprofessional conduct, neglect of duty, immorality, intemperance, and sufficient cause. Some states have also included, intemperance, disloyalty, cruelty, good and sufficient cause, willful misconduct, evident unfitness, and neglect of duty to their list of just cause grounds for discharge. These grounds vary based on the expressed values of a region. These grounds tend to focus either on a decision or quality that critically impacts a teachers ability to teach or they focus on an otherwise competent teacher whose morals undermine their ability to serve as a role model for students. These grounds have also withstood court cases that challenged them based on the assumption that teachers don't know what they can be discharged for.
 * a. Incompetence || [|Di Leo v. Greenfield, 541 F.2d 949 (2d Cir. 1976) (neglect of professional duties)]

[|Katz v. Ambach, 472 N.Y.S.2d 492 (1984).doc]

[|Mortweet v. Ethan Board of Educ., 241 N.W.2d 580 (S.D. 1976)] || Discharge upheld and claimants appeal based on vagueness was denied. Numerous complaints by students, petition signed, attempts to rectify the situation ignored. Court found that ithe claims for dismissal were not sufficiently vague, due process was followed, and it was a reasonable discharge.

Petitioner admitted he put his arm around and kissed the girls in his class; that he gave them a "pat on the behind"; that he hugged one student and tickled another; and that he permitted obscene jokes and profanity to be spoken in his classroom. Court upheld that this was grounds for dismissal.

In this case the board did not prove they had sufficient grounds for discharging the teacher. Their reasons did not display a pattern of behavior.


 * These actions usually involve a pattern of behavior rather than a single act and may include; physical or mental incapacity, lack of knowledge or inability to impart knowledge, failure to adapt to new teaching methods, physical mistreatment of students, violation of school rules, violation of duties to superiors or coworkers, lack of cooperation, persistent negligence, failure to maintain discipline, or personal misconduct.** ||
 * b. Incapacity || [|Dusanek v. hannon, 677 F.2d 538(7th Cir. 1982)] || Discharge based on assessment of a mental illness (paranoid schizophrenia), required an independent diagnosis, but no violation of due process was found and the discharge was upheld.


 * Discharge based on a physical, mental or emotional illness or disability that will last for an indefinite period of time. This disability cannot be one that could be accomodated for and falls under ADA (Americancs with Disabilities Act)** ||
 * c. Insubordination || [|Christopherson v. Spring Valley Elem. Sch. Dist., 413 N.W.2d 199 (Ill. 1980).doc] || Teacher decided she was going to a conference regardless of what the board said, did not follow proper procedure in requesting her absence. Teacher was warned that she could be reprimanded, docked her pay, or discharged for leaving, but she decided to go anyway. Teacher was discharged and appealed based on the fact that she did not understand that her actions were unamenable.


 * Usually is a series of acts, but can be an individual act. Courts look at the seriousness(gravity) and persistence of insubordination. This does not apply to incidents deemed as accidental, but may include violation of corporal punishment, unauthorized absences,criticism of school superiors, or encouraging disobedience or disrespect among students.** ||
 * d. Unprofessional Conduct || [|Elvin v. City of Waterville, 573 A.2d 381 (Me. 1990).doc] || Involved a case where a 4th grade teacher had sexual intercourse with a 15 year old student and was convicted of sexual assault. "The Board concluded that Elvin was unfit to teach and that her services were unprofitable to the school." The teacher claimed that her due process rights had been violated because during the school board hearing an affidavit from the student was read and the student was not present for her to cross examine. The discharge was upheld.

1. What kind and degree of alleged misconduct amounts in law to "immorality"? (depends on current social attitudes of the region) 2. When conduct is admittedly immoral in law, is that conduct sufficiently serious or persistent to justify the extreme penalty of discharge from public school employment? (court weighs circumstances: Did misconduct occur at or away from school? Does it involve students, staff, or other adults? Did it gain public notoriety? Did it affect school-community relationships?)
 * This may include threats to other teachers, shoplifting, time off without permission, use of offensive language or innappropriate contact wiht students. The strictness of these judgements in this area vary depending on the morals of the areas where they are decided.** ||
 * e. Immorality ||  || Courts must consider the kinds of conduct that are punishable under school statutes; these continue to change as community standards change.

Common "Immorality" charges: Dishonesty, drug abuse, and sexual misconduct ||
 * f. Unlicensed Teacher ||  || Courts may decide to allow the school board to not pay the uncertified person for work actually done. More states require that certifications be registered with the employing school district before an employment contract is made or before that teacher can start work.

To decertify a teacher the decision must be shown to be job-related: grave misconduct; disabling mental illness; drug addiction. || Wis. ss 103.10 [|Family Medical Leave Act] An overview of FMLA [|fmla wbsd.pdf] West Bend's FMLA policy ||
 * 2. Off-Duty Misconduct ||  || See # 2 from e. above. ||
 * 3. Constructive Discharge || COMMENT 8/86 || School boards may afford an errant teacher an opportunity for "remediation" before any final action is taken to discharge the teacher; however, the misconduct needs to be labeled as "remediable". Only if it is, must remediation be attempted ||
 * **// IV. Family Medical Leave Act //** || Wis 103.10 - Wisconsin Family Medical Leave Act || [|Wis. 103.10]