Teacher's contract: Why should we sign one?
A teacher's contract is normally set by a school board of a particular district and signed by the teacher and school. However, the teacher and the school should be aware of all the provisions mentioned in the contract as it provides safety and protection to both parties.
What is a teacher’s contract?
A teacher's contract is a legally binding document that binds a teacher and a school during the teacher's employment. Usually, the terms and conditions of a teacher’s contract are set by a school district (or a school board). This contract defines the rights, benefits, duties, obligations, and other conditions of the teacher and school in a clear manner.
The educator gets clarity about their job role, rights, and responsibilities, and a school sets employment standards with its employee (or staff). Overall, a teacher’s contract is an important document that every school including high schools and public schools should implement when hiring a teacher.
Types of teacher’s contracts
A teaching job in a school works differently than all other types of jobs. While hiring an educator, any independent school can go and implement a contract with them, which can be as short as one month or can even extend up to a year. This all depends on the school and the district policies under which it is located.
There are three major types of teacher’s contracts, each with a different period (or notice period). The contract types are:
1. Probationary contract
A probationary contract is common for new teachers who are new to the teaching profession or for teachers who are new in the town or county. This contract helps the school and the school board to understand the teacher and their job stability. It is usually signed for a short duration, such as a month, a semester, or a school year.
2. Term contract
This contract is usually signed for one or two years and should not exceed five school calendar years. Under this contract, the school or school board usually renews the teacher’s agreement and extends the employment period.
3. Continuing contract
This contract lasts for an indefinite period, and all the contractual rights last until the teacher retires or resigns. The rights mentioned in this contract are often similar to that of a term contract. This contract also doesn’t include annual nomination or re-appointment components.
When does a teacher’s contract become void?
A void contract means it is no longer valid or legally enforceable under district or federal law. A teacher’s contract is considered to be void and can be terminated under the following circumstances:
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If either party is involved in illegal activities or crime
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The rules stated in the contract are against the policies of the local or school board
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Terms and conditions are severely one-sided
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In case the teacher fails to fulfill the state licensure requirements of providing necessary documents such as his/ her bachelor's degree or master's degree
Every state has its own rules and regulations for teachers and schools. However, once a contract is considered to be void, then neither party will benefit from the agreement and its terms.
What is a teacher’s contract breach?
A contract becomes crucial during situations like a breach. If any breach happens then the affected party can report the breach which can lead the contract to void. Often this is also reported in a collective bargaining agreement which is an agreement between an employer and a union (like that of the American Federation of Teachers or AFT).
Below are the three major reasons for a teacher’s contract breach:
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A breach can happen when a school terminates the employment of a teacher, even though the teacher has not violated any terms and conditions of the contract
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When a teacher may have taken personal days or leave of absence that doesn’t violate the employment terms, and the school decides to terminate the teacher due to the absence
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Lastly, a teacher may breach the contract by resigning from the school before the contract term ends
Resolution to breach
In case, the school board or the administration breaches the contract, then the school owes the teacher for all the damages. Usually, the teacher is given some monetary compensation. In some cases, the teacher may obtain reinstatement and continue to teach in the same school instead of taking monetary compensation. This is usually decided between the teacher and the human resource department of the school.
However, if the teacher breaches the contract, then the damage happens to the school district, as they need to find a substitute teacher. Nowadays, many contracts include this provision, where they add the amount of compensation a teacher must pay for damages if they terminate the employment before the end of the contract.
What does a teacher’s contract include?
A contract helps teachers work in better conditions and simultaneously helps the schools to retain a skilled teacher for a certain period. However, both teachers and schools should be aware of what they are signing for.
Mentioned below are the essential terms that a teacher’s contract should contain:
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Parties to the contract - This section contains details of the teacher and school, like their name and address.
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Term of employment - Here, the employment commencement date is included along with the tenure of employment.
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Salary schedule - In this section, all the salary details (or stipend) are included, like, what is the monthly salary and on which school calendar day will it be credited.
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Duties and responsibilities - This clause outlines all the duties and responsibilities that the teacher should execute in the complete employment period.
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Holidays and leave of absence - It specifies the holidays, how holidays will be notified, how many leaves a teacher is entitled to, and under what conditions. It also includes the total number of teachers' work-day, and also the days granted for professional development.
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Proprietary Rights - This clause specifies that all the confidential information that the teacher is exposed to in their tenure should not be disclosed.
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Acceptance - When both parties agree to all the terms and conditions, they sign the contract as an acceptance.
What are the benefits of a teacher’s contract?
A contract allows both parties to negotiate the terms and conditions of employment and provide protection and clarification. However, there are other benefits of having a contract:
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Compensation - Typically, a contract contains details about the compensation and benefits provided to the teacher. It includes details about salary, bonuses, or incentives in writing which the school board or the administration is bound to pay. The compensation might also include insurance benefits like health insurance which may be stated in this component of the contract.
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Recruitment and retention - While hiring a skilled teacher, a school should prioritize the contract. A teacher with the right expertise and qualifications like an advanced degree in a particular subject would be difficult to replace. With a contract and terms in place, the school gets a skilled teacher for an agreed period.
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Dispute resolution - All the provisions regarding how to solve a dispute are mentioned in a contract. Usually, the parties choose their preferred way and include it in the contract, which comes in handy during any disagreements.
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Additional benefits - In the account of recent events, where the covid-19 has taken over the world, a lot of schools are also offering other necessary benefits like immunizations that will protect teachers and children alike.
Why is Revv ideal for a teacher’s contract?
Managing contracts can be a difficult job. Revv simplifies contract management with its advanced features:
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Revv contains a wide range of easily editable and ready-to-use contract templates
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All the templates are thoroughly reviewed and vetted by the legal team
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All contracts come with an in-built eSignature, which makes the signing process fast
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Revv offers Stripe integration within your contracts to collect online payments instantly
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