Employment
Employment Types
The employment process in the public school system is different than in any other organization. Due process is a requirement of law but in the public school system it is especially important as the public school is a government entity. Due process for educators is limited to the due process for property rights. Judicial law has noted that schools do not typically deprive employees of life or liberty. The important focus in readings this week is how much due process is necessary and how much is recommended by the courts.
There are several different types of employment arrangements within the school system.
· At-Will Employment
· Non-Chapter 21 Contracts
· Probationary Contracts
· Term contracts
· Continuing contracts
· Third-Party Independent Contract
Each employment arrangement has a specific hiring and termination process. This is important to know when dealing with the various positions. When interviewing and selecting staff administrators must understand what employment is available, the requirements in offering positions and the requirements involved in offering positions.
If you work in a state that has unions, much of this information is required per the collective bargaining agreement. If you live in a right to work state, this is much more flexible and determined by the local governing body.
First, reassignment is a very complicated issue. Generally speaking, most teacher and administrator contracts contain a clause that states that you can be assigned or reassigned at the discretion of the superintendent. Courts have found that the only property right that employees have is the right to getting paid, not the right to a specific position. As long as your pay is not changed your position can be changed therefore, many state departments of education will only hear reassignment complaints if an employee has suffered financially.
However reassignment cannot be retaliatory. You can't be reassigned after you have spoken out against the school district or after you've made someone angry. The grievance process does have to be followed. You must have access to due process if you feel that your reassignment was retaliatory but remember most cases are only heard if the employee has suffered financially. There is a different standard of reassignment for superintendents. Superintendents cannot be reassigned because their position is considered unique. Reassignment for the superintendent would constitute a material change. With the exception of the superintendent an employee can be reassigned to any position within the district as long as their compensation is not affected.
The next sections discuss employee benefits. Some of these benefits are typical of what you would find in any business situation; the Family Medical Leave Act, health insurance, things such as this. There are some things that are a bit unique to teaching. For example, the planning and preparation period are different than regular breaks in non-educati ...
EmploymentEmployment TypesThe employment process in the public.docx
1. Employment
Employment Types
The employment process in the public school system is different
than in any other organization. Due process is a requirement of
law but in the public school system it is especially important as
the public school is a government entity. Due process for
educators is limited to the due process for property rights.
Judicial law has noted that schools do not typically deprive
employees of life or liberty. The important focus in readings
this week is how much due process is necessary and how much
is recommended by the courts.
There are several different types of employment arrangements
within the school system.
· At-Will Employment
· Non-Chapter 21 Contracts
· Probationary Contracts
· Term contracts
· Continuing contracts
· Third-Party Independent Contract
Each employment arrangement has a specific hiring and
termination process. This is important to know when dealing
with the various positions. When interviewing and selecting
staff administrators must understand what employment is
available, the requirements in offering positions and the
requirements involved in offering positions.
If you work in a state that has unions, much of this information
is required per the collective bargaining agreement. If you live
in a right to work state, this is much more flexible and
determined by the local governing body.
First, reassignment is a very complicated issue. Generally
speaking, most teacher and administrator contracts contain a
clause that states that you can be assigned or reassigned at the
discretion of the superintendent. Courts have found that the
only property right that employees have is the right to getting
2. paid, not the right to a specific position. As long as your pay is
not changed your position can be changed therefore, many state
departments of education will only hear reassignment
complaints if an employee has suffered financially.
However reassignment cannot be retaliatory. You can't be
reassigned after you have spoken out against the school district
or after you've made someone angry. The grievance process
does have to be followed. You must have access to due process
if you feel that your reassignment was retaliatory but remember
most cases are only heard if the employee has suffered
financially. There is a different standard of reassignment for
superintendents. Superintendents cannot be reassigned because
their position is considered unique. Reassignment for the
superintendent would constitute a material change. With the
exception of the superintendent an employee can be reassigned
to any position within the district as long as their compensation
is not affected.
The next sections discuss employee benefits. Some of these
benefits are typical of what you would find in any business
situation; the Family Medical Leave Act, health insurance,
things such as this. There are some things that are a bit unique
to teaching. For example, the planning and preparation period
are different than regular breaks in non-education positions,
although the duty free lunch is pretty standard.
Districts must offer health insurance and, if there are 20 or
more employees, they must offer COBRA insurance as well.
Interestingly enough health insurance is one of the district's
largest expenses (second only to teacher salaries). Additionally
the district has to provide assault leave, temporary disability
leave, and FMLA.
The district may choose to participate in the Social Security
System, but the state education code can set the standard for the
state (i.e. using a Teacher Retirement System instead of Social
Security). However once the district chooses whether or not to
provide access to social security they cannot change.
Be familiar with the grievance and the role of the employee and
3. the organization. Know the grievance process, the hearing
process, and the participation of employee organizations in the
grievance process. Each district has its own process and
employees must know the process. Most cases involving
employment are heard because due process wasn’t followed.
The teacher and the school must both abide by the due process
rules.
February 25, 2018
Biopsychosocial Summary Report
If you are new to this: the biopsychosocial form is what you use
during your interview, and the biopsychosocial report is your
own summary of information, from the form, written for your
case.
Biopsychosocial forms: Your form must contain (or you must
modify it to contain) the following sections: presenting
problem, history of problem, developmental/medical
history,family history,educational/social history,special
considerations,mental status and client's strengths,clinical
findings, diagnostic impressions, and tentative treatment
recommendations.When submitting your genogram add it to
your biopsychosocial form that you have already completed and
submitted.
After completing your interview, use the biopsychosocial
form and write up a biopsychosocial summary reportwhich will
become a 10 page summary report. You can reference it in your
PowerPoint presentation where you think it is needed to make a
point. Upload the biopsychosocial form into the appendix of the
summary report. Do not include a link; again, the forms must be
uploaded into an appendix.
4. March 15, 2018
Genogram Report
Please draw or include a genogram generated from a graphic
program that would best fit your case used in the
Biopsychosocial. You can reference it in
your PowerPoint presentation where you think it is needed to
make a point. The genogram should includethree generations of
relevant information. The genogram should be scanned
and uploaded into the appendix of your narrative paper. Do not
include a link; again, the forms must be uploaded into an
appendix. Again, the genogram form does not count toward the
narrative paper 10 pages. The narrative is just
thebiopsychosocialyou previously submitted.
April 3, 2018
Case Study Paper
Students are required to complete a paper on a specific child
and adolescent diagnosis. The purpose of this assignment is for
students to develop a clinical diagnosis and treatment plan in a
case report. This is exactly what you will be doing on your own
one day very soon. The paper should be 10 typewritten double-
5. spaced pages. The body of this paper should consist of the
diagnosis you gave the interviewee that is consistent with the
findings in the biopsychosocial for your specific interviewee,
and your tentative treatment recommendations. Discussion of
diagnosis, differential diagnosis and tentative treatment
recommendations will become the remaining 10 pages that
complete your paper. The paper must follow APA style
guidelines.
Submit this via assignment link for each respective Assignment
in Blackboard.
April 20, 2018
PowerPoint Presentation
The PP presentation is directly related as a matter of fact it is
the summary of each of the previous assignments put
together. The PP presentation must contain 10 slides plus an
appendix. Your introduction slide (very first slide) is
not counted as part of the 10 slide body. At the end of the 10
slide body you will insert an appendix section which will
contain the consent form(s).These documents are a fundamental
part of your presentation.Upload them into your PP.Do not give
me a link to either of them. They do not count toward the 10
slide body.
The 10 slide body will contain the following:
6. a. Demographic Information
What are the names (first name only) ages, and birth order of all
family/couple members?
· What are the occupations and education levels of all
family/couple members (where appropriate)?
· What are the roles of each family/couple member?
· Who does each member spend most of his or her time with?
· Who makes decisions within the couple/family and how are
they made?
b. Developmental Information
· What is the developmental stage of the couple/family at this
time?
· Are there any recent significant events/losses in the
couple/family?
· Are there any anticipated changes/transitions in the near
future?
· How are the current goals of the couple/family, including what
goals have already been met and how?
· What is the spiritual life/climate of the couple/family like?
c. General Impressions
Who did the most talking and what might account for this?
· What are the couple’s/family’s boundaries with the outside
world?
· How affectionate is the couple/family?
· What are the strengths and weaknesses of the couple/family
system?
· Is there any evidence of cutoffs, triangles, rituals, secrets or
multigenerational effects
· Other comments/observations
d. Presenting problem, diagnosis, and differential diagnosis
· developmental/medical,
· family history, educational/social history, treatment,
7. · medication (if applicable), diversity issues, and ethical issues
e. Evaluation and Self-Reflection of the Experience
· What did you learn through this experience?
· How would you evaluate yourself regarding how the interview
was conducted?
· What did you feel were your strong points?
· How did the information gathered compare to your
couple/family of origin and your couple/family experience or
relationship?
· What do you see as areas of further personal or professional
development in working with couples/families?
f. Counselor Implications
· What are 3-4 important practical counseling implications that
you can share with your classmates when it comes to counseling
couples/families, based on your experience?
· Explain (based on reading from the text) why you believe
these are important points to make.
Appendix
The appendix for the PowerPoint will consist of consent
form(s). You should already have an appropriate signed consent
form from your interview (as specified above). The consent
form(s) should be scanned and uploaded into the appendix of
your PowerPoint presentation. Do not include a link; again, the
forms must be uploaded into an appendix. Again, theseforms do
not count toward the 10 slide minimum. Please inform your
interview family that this assignment is only for a class project
and no one else will see it but me. You will use fictitious
names in the PowerPoint presentation as added security, so
reassure them that the only place their name will show is on the
consent form. Both parents must sign consent form unless you
can provide custody paperwork and then you will have to submit
that also into the appendix.
8. ORAL DATA COLLECTION PROTOCAL
Instructions:
(1) Informing your Participant:
When an individual is approached to be interviewed, either with
or without electronic recording, it is important that you explain
to them very clearly who you are, what the project is about, why
you are doing it, what risks it poses to them, who will benefit,
and what will become of the materials. This makes for
“informed consent,” meaning they truly understand what they
are getting involved in. You can read the materials to them, and
9. you may also give them the option of reading the description
themselves.
(2) The Agreement to Interview Form
The Agreement to Interview form is a very good and appropriate
way to ensure that your participants know what they are getting
into. After you have read the project description to them, and
explained clearly what the project is about, why you are doing
it, and what will become of the interviews and other materials.
You may then, if you feel it’s appropriate, ask them to sign the
Agreement to Interview form, and give them a copy. Keep the
other copy in a safe place.
Alternatively, you can obtain their consent “on tape,” in the
actual interview.
(3) Final Consent Form
(a) Draft Review: Before obtaining final consent, it is essential
that the participants be given the opportunity to look over any
final product(s) that you produce from the interviews, and they
should have the opportunity to request changes (which you
should then make). Remember, this is their words you are
using, and those words are their intellectual property. It is
important that you respect their requests to have their words
read as they want them to.
The final consent form is designed so that you can get their
signature in advance, providing that you will make the changes
that they request. They may also want a family member or
10. other third party to edit their materials, and the form also allows
for this.
(b) Final Consent: this form allows you to go ahead and publish
their words in whatever form is appropriate to your project.
Note that there are also places where they can choose to be
identified. If they do not sign these, but request to remain
anonymous, you must respect that and protect their identities
from being released.Informed Consent:
[Name of the Project]
[Your Contact Information]
Project Description: [insert]
Procedure and Risks:
We would like to record the interview, if you are willing, and
use the tapes to write our materials. We will record the
interview only with your written consent, and will ask that no
personal identifiers be used during the interview, to ensure your
anonymity. Please feel free to say as much or as little as you
want. You can decide not to answer any question, or to stop the
interview any time you want. The tapes and transcripts will
become the property of project.
If you so choose, the recordings and recording-transcripts (or
copy of notes taken) will be kept anonymous, without any
reference to your identity, and your identity will be concealed
in any reports written from the interviews.
11. There are no known risks associated with participation in the
study.
Benefits:
It is hoped that the results of this study will benefit the
community through providing greater insight into the culture
and history of our area.
Cost Compensation:
Participation in this study will involve no costs or payments to
you.
Confidentiality:
All information collected during the study period will be kept
strictly confidential until you sign a release waiver. No
publications or reports from this project will include identifying
information on any participant without your signed permission,
and after your review of the materials. If you agree to join this
study, please sign your name on the following page.
Agreement to Participate in Interview FormINFORMED
CONSENT FOR INTERVIEWS
I, _____________________________________, agree to allow
myself and my child to be interviewed for a Master’s Level
Psychology course at University.
I certify that I have been told of the confidentiality of
information collected for this project and the anonymity of my
participation; that I have been given satisfactory answers to my
inquiries concerning project procedures and other matters; and
that I have been advised that I am free to withdraw my consent
12. and to discontinue participation in the project or activity at any
time without prejudice.
I agree to participate in one or more electronically recorded
interviews for this project. I understand that such interviews
and related materials will be kept completely anonymous, and
will only be shared with the course professor, Dr. Wilkins.
I agree that any information obtained from this research may be
used in any way thought best for this study.
________________________________________ Date
________________________
Signature of Interviewee
Final Consent Form
Dear Participant:
This form gives us final authorization to use material from your
interview.
I, _________________________________________________,
hereby grant the right to use information from recordings and or
notes taken in interviews of me and/or my child, for a Master’s
Level course at University. I understand that names will be
changed to assure anonymity and the interview records will be
kept by the interviewer, and that the information contained in
the interviews will not be used in materials to be made available
to the public. The information will only be shared with the
professor, Dr. Wilkins
13. ____________________________________________ Date:
__________________________
Signature of Interviewee
____________________________________________ Date:
__________________________
Signature of Interviewer
Final Consent Form
EXAMPLE
Virginia law allows any teacher to be fired for
“…incompetency, immorality, non-conformance and other
transgressions (Davidson, 2012). In Connecticut a teacher was
the best candidate for a promotion, until the requirements
changed and a younger, lower paid individual was found
through further advertising. It seemed an issue of
critique (Perpich, 2008). Often, requirements are subjective.
14. Consuela Bond graduated cum laude in secondary
education from State Teachers’ College in nineteen seventy.
She immediately took a public school job in the foothills of
Southwest Virginia. Later, she earned her masters from Howard
University and took the doctorate from Liberty University. She
maintained her certification in special education. In Virginia, a
tenured teacher is required to be assessed every 3
years (Howell, 1988). Her assessments were excellent until she
returned from a lengthy leave of absence to treat breast cancer.
Her students and parents gave a grand party in the local
community to celebrate her cancer going into remission. She
returned to a new principal and a new superintendent. Thirty-
one tenured teachers were put on professional probation and
offered the opportunity to quit without a fuss. Dr. Doss, the
principal assessed that Consuela lacked technical teaching skills
and forced her to have a teaching monitor and a student teacher
in training.
Consuela thought that when she regained her strength,
her performance would improve and Dr. Doss would see that
she was a top professional. The last day before Christmas
break, Dr. Billings (superintendent) stopped by and offered to
keep Consuela on payroll for the next term. Her role would be
to mentor the student teacher for her replacement next Fall and
resign. The offer was abruptly rejected. The student teacher
confided that he had already been offered the job Fall
term (Noddings, 2009). Dr. Billings advised the board that
Consuela had been rude, insulting, and non-compliant. Armed
with a blistering summary of Consuela’s probationary period
from the principal, Billings asked the board for Consuela’s
dismissal due to incompetence. At the same meeting, the
superintendent introduced the 4 first year teachers she had hired
to replace the tenured teachers being canned (Geller v.
Markham, 1981).
The notice of dismissal was delivered by certified mail
before New Year’s day and the required panel review was
scheduled for Consuela and 3 other minority teachers who were
15. fired. Steve Staples (state superintendent) recused himself from
the review panel because he had worked with Consuela early in
his career in Tazwell County Public Schools (Staples, 2017).
Due process was served (Essex, 2009). In every case, the panel
refused to endorse the dismissals and the board overruled the
review panel (Troy, 2008).
Consuela has asked for your help. She thinks that she
was fired due to her age. The NAACP president charges that all
4 teachers were fired due to the color of their skin (Hurshouse,
1999). The president of the Virginia Education Association told
the Washington Post that she believes that Consuela’s
fourteenth amendment rights were violated (Dooley, 2013).
Would you take her case?
[1]
References
Davidson, L. (2012, June 30). Fairfax Schools Fire Tenured
Teacher. Washington Post, p. 04.
Dooley, N. (2013). Ethics of Justice, Care, Critique and
Profession. San Francisco: CA : Wiley.
Essex, N. (2009). The 200 most frequently asked legal questions
for educators. Thousand Oaks: CA: A Sage Company.
Geller v. Markham, 635 F.2d 1027, cert. denied, 451 U.S. 945
(1981) (U.S. Court of Appeals, 2nd Circuit June 30, 1981).
Howell, H. (1988, June 30). Delegates, Virginiasqqq. Education
Regulations. Richmond, Virginia, U.S.A.: Virginia Legislature
Archives.
Hurshouse, R. (1999). Virtue Ethics. Oxford, :U.K.: Oxford
16. University Press.
Noddings, N. (2009). Caring: A Feminine Approach to Ethic
and Moral Education (2nd. Ed.). Berkley: CA: University of
California Press.
Perpich, D. (2008). The Ethics of Emmanuel Levinas. Stanford:
CA: Stanford University Press.
Staples, S. (2017, May 30). Virginia State Superintendent of
Public Schools. (T. Elder, Interviewer)
Troy. (2008, January 01). School and Principal's Decision
Makeup Analysi Theory: Four ethics formulas, justice, unity,
critique and care. American Students Common. Miami, Forida,
USA: Central Florida Presss.