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Legal Issues Update

Presented by: Phil HartleyHarben, Hartley & Hawkins, LLPWachovia Center, Suite 750340 Jesse Jewell ParkwayGainesville, Georgia 30501Telephone: (770) 534-7341; Facsimile: (770) 532-0399phartley@hhhlawyers.com1GASPAMay 5, 201112011-12 Work Calendar and Pay ScaleSalary Schedules: O.C.G.A. 20-2-212(a)3SBOE shall establish a schedule of minimum salaries for services rendered which shall be on a ten-month basis. The minimum salary schedule shall provide a minimum salary base for each classification of professional personnel required to be certificated; shall provide for increment increases above the minimum salary basebased upon individual experience and length of satisfactory service. The minimum salary base for certificated professional personnel with bachelors degrees and no experience, when annualized from a ten-month basis to a 12-month basis, shall be comparable to the beginning salaries of the recent graduates of the University System of Georgia.Salary Schedules Contd: O.C.G.A. 20-2-212(a)4The General Assembly shall annually appropriate funds to implement a salary schedule for certificated professional personnel. For each state fiscal year, the state board shall adopt the salary schedule for which funding has been appropriated by the General Assembly. A LUA shall not pay to any full-time certificated professional employee a salary less than that prescribed by the schedule of minimum salaries; nor shall a LUA pay to any part-time certificated professional employee less than a pro rata portion of the respective salary prescribed by the schedule of minimum salaries.School Year for Certified Staff:Old SBoE Rule 160-5-1-.015

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New SBoE Rule160-5-1-.02For Grades K12, the LBOE shall schedule the school year for students as a minimum of 180 school days or its equivalent.

Beyond the school year for students, the LBOE shall adopt policies andprocedures identifying the number of days to be utilized for professional learning for all employees.State Salary Schedule:Georgia Annual/Monthly Salary for 10 Months (190 Days) Employment9

SBoE Emergency Authorization for the 2010-2011 School Year10

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State Salary Schedule:FY2010 Amendment 1 (Reductions) Georgia Daily Salary Schedule13

Pre KWhat Rules Apply to PreK Teachers?Statutes, Rules, GuidelinesWhat Options Exist for Existing Teachers?Reduction in ForceMoving Teachers into K-12What Should You Do?Consider a New ContractLook Carefully at Salary ScheduleTreat the Program SeparatelyCheck out TRS requirementsNew Clearance Certificates: HB 285No more temporary 200 day contracts for new hires, so remove that language from contractsCan employ for 20 days without a contract and without a clearance certificateSchool District applies for certificate after running background check and after deciding to hireClearance certificate may be denied for certification issues that you wouldnt know about? So ask!!Clearance certificate applies to PSC standards as to criminal charges and no ethics violationsIssues to Be Aware of..No 200 day probationWorking as a sub until clearance certificate issuedPSC standard and your standard may not be the same as to criminal recordEven if there is a clearance certificate, still need to check for past certification issuesEven if there is a clearance certificate, still need to run background checkA Couple of Other Issues from the General AssemblyHB 192Creates Education Finance Study CommissionExtends flexibility statutes, including May 15 deadline through 2015SB 184 DID NOT PASS, YET!A LBOE shall not adopt or implement a policy that allows length or service to be the primary or sole determining factor when implementing a reduction in force. The local board shall consider as the primary factor the performance of the educator, one measure of which may be student academic performance.Discrimination Claims and How to Avoid Them18Employment Discrimination Under Federal Law19All school district employees protected by Title VII, ADEA, ADA prohibiting discrimination based on race, color, national origin, sex, religion, disability or age;Employees also have certain First and Fourteenth amendment rights while employed by a school district;Many statutes have retaliation provisions.What is retaliation?A retaliation claim is one based on the allegation that the employee has suffered an adverse employment consequence as a result of engaging in constitutionally or statutorily protected activity.20Retaliation claims include: Exercise of constitutionally protected rights such as the right to speak publicly on matters of public concern21Exercising personal rights under federal statutes such as

Title VIIEqual Pay ActAmericans with Disabilities Act & 504Age Discrimination in Employment ActFamily and Medical Leave ActFair Labor Standards ActTitle IXTitle VI42 U.S.C. 1981

New Personal Rights for Nursing Mothers23Patient Protection & Affordable Care Act amended FLSA in March 2010Employers must provide for non-exempt employees, encouraged for allReasonable break time each time employee needs to express breast milk till child is 1 year oldPlace, other than bathroom, shielded from view and free from intrusion of co-workersDOL warns of discrimination or retaliationTitle VIITitle IX Sex DiscriminationSection 504 24Advocating on behalf of others

Recent Federal Employment Discrimination Cases25Crawford v. Metropolitan Government of Nashville and Davidson County, Tenn. (U.S. Supreme Court 2009): Employee was a witness during a Title VII internal investigation by the employerCourt determined that she was protected by the retaliation provisions of Title VII even though she did not file a complaint herselfRecent Federal Employment Discrimination Cases26Thompson v. North American Stainless, LP (U.S. Supreme Court 2011): Employee was the fiance of another employee who had filed a sex discrimination complaint Court determined that an employee who has a significant relationship with another employee who brought a complaint is protected by the anti-retaliation provisions of Title VIISoas an example, an ADA claimThe plaintiff can be a teacher or other staff member who: has alleged discrimination for her disability;has complained about the nature and quality of services to special education students or alleged discrimination against disabled students or co-workers in various school programs or activities;has, as a parent, advocated for her child in an IEP meeting or due process hearing; alleges mistreatment by a supervisor upon returning from FMLA leave or asserting her own rights under the ADA;testified as a witness or was involved in the investigation; orhas a significant relationship with another employee who has brought a complaint.

27Keys to the Defense of Claims of Discrimination28Follow standard procedures;Keep good, accurate records;Be brutally frank in documenting performance and employee conduct : avoid simply encouraging the employee to better performance by seeking out the positives to write down and downplaying failures; Forthright, but fair.