Teachers' Rights: Contracts

Teaching contracts are vital documents. They outline teachers' rights, duties, and terms of employment.

Contracts between teachers and school districts are subject to the same laws that govern other types of employment contracts. In this article, explore how contracts can affect your job as a teacher.

What Makes a Teaching Contract Valid?

Teaching contracts consist of four different components to be considered legally valid:

• Offer: A proposal or statement made by one party (the offeror) to the other party (the offeree) expressing a willingness to enter into a contract
• Acceptance: The agreement by the offeree to the terms of the offer
• Mutual Assent: When all parties involved agree upon the terms of the contract
• Consideration: Something of value that each party agrees to give or do for the other (can be a service, money, or a promise)

You should consult a legal professional to determine whether your agreement is legally binding.

What Contracts for School Teachers Include

A teacher's employment contract is a legally binding agreement. This agreement is between a teacher and a public school or school system. It's important to review your contract when you accept a new teaching position.

The employment contract contains important details such as:

• The duration of employment
• The teacher's obligations
• The expected compensation
• Good causes or just causes for termination
• The procedure for nonrenewal or revocation
• The expectation of performance evaluations
• Other terms and conditions

State statutes and the state board of education often provide the legal framework for these contracts.

Nonrenewable Teaching Contracts

New teachers might be under a probationary "nonrenewal" contract. This contract can be ended without the need for detailed explanations or notice.

Nonrenewal contracts end once their specified date or duration is over. For example, the contract may expire at the end of the school year. After the period ends, the parties can create a new contract or actively agree to a continuing contract.

Why School Districts Review Teaching Contracts

Even when a school official hires a teacher, and the teacher agrees, state laws usually require the school board to approve the job contract before it's official. After the contract is made, the school district usually approves it. This step is often part of a deal made with teachers' unions or as part of a collective bargaining agreement. It ensures the contract is fair and follows local education rules, laws, and the school district's needs for students and staff.

So, even if a school principal tells a teacher they've got the job, the contract isn't final until the school district says yes to the contract. This is also true if a school district doesn't do things right when deciding whether to approve a contract.

Is a Teacher's Handbook a Contract?

A teacher's handbook can sometimes act like an implied contract. There have been cases where teachers have successfully claimed that the rules in the handbook gave them certain rights as if it were a contract. However, this is rare because most teachers' handbooks clearly say they aren't contracts.

The teacher's handbook usually includes the following details:

• The rules and expectations for the teacher's employment
• The education policy for the school district
• What happens if rules are broken (disciplinary action)
• How teacher evaluation will work
• What is expected from full-time teachers
• Other important school procedures

School districts need to follow the rules in these handbooks because they can be as important as legal contracts. To prove that a rule in a handbook is legally important, the teacher must show that both the teacher's and the school district's actions meet the requirements for making a contract.

Breach of Teacher Contract

Breaches of teacher employment contracts can occur because of the fault of either the employer or employee. School administrators, the board, or the teacher may breach the contract.

For example, a school district might fire a teacher without a good cause, which goes against the teacher's rights. Teachers are entitled to due process rights regarding tenure and dismissal. Another example is if a teacher is fired after taking a leave of absence. 

Breaking Your Teaching Contract

Teachers sometimes breach their contracts. For example, a teacher might quit their job without giving the notice they promised to give in their contract. Without such notice, the teacher is in breach of the written contract.

Breaching your contract as a teacher may have consequences. For example, it may be harder to find another teaching position without positive references from the school. Excessive breaches of contract may risk suspension of a teacher's license. Teachers may also face fines as a penalty for breach of contract, as described in the next section below. 

However, accepting a teaching position doesn't always mean you must work through the entire school year no matter what happens. In many cases, such as when switching jobs, teachers must negotiate with the school and district to end the contract early. This process helps the school transition while minimizing interruptions for students and other faculty. In other cases, teachers may have a serious medical issue that prevents them from fulfilling their original contract. 

Read your contract carefully to understand your obligations and how to end your employment early. An employment or education law attorney can help you review the terms.

Remedies for Breach of Contract

The usual remedy for a breach of contract between a school district and a teacher is monetary damages. If a school district has breached, the teacher will usually receive the amount the teacher would have received under the contract. Other factors may reduce this amount. Other damages may also be available to teachers, such as the cost of finding other employment.

Nonmonetary remedies are available in some circumstances. A court might require a school district to rehire a teacher or comply with contract terms. Courts are usually hesitant to order such remedies.

If a teacher breaches a contract, damages may be the cost to the school district for finding a replacement. Many contracts contain provisions prescribing the amount of damages a teacher must pay if they terminate employment before the end of the contract.

Getting Legal Help With Teacher Contracts

If a teacher believes their contract has been violated, seeking legal advice is crucial. Lawyers concentrating on education laws can guide teachers through potential legal issues. Professional teacher organizations can also be a valuable resource for legal support.

Speak to an experienced education law attorney today. They can help you understand your legal rights and your possible courses of action.