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Jeremy Hurd
School Law
Chapter 10 Assignment
Teacher Employment
From your textbook or other sources, attempt to provide me an example of each of the following terms. You may include an actual case citation or simply give me an example in a sentence or two with respect to each item.
When one party fails to live up to their end of the terms of a contract, the opposing party can sue for breach of contract. An example would be a teacher who consistently missed work without giving any prior notice of their duty to be in the classroom under their contract. The remedy is the awarding of monetary damages to compensate the aggrieved party for what would have been gained had the breach not occurred.
An example of poor performance would be a teacher’s inability to help students achieve academic success through their teaching strategies and practices. Usually there is a defined pattern of poor performance by students within the class. A teacher is responsible for communicating basic information to students based on curriculum standards and a large number of failing students is evidence to a teacher to communicate that knowledge effectively.
This is a pattern or course of conduct displaying a constant failure to perform work with the degree and skill or accuracy displayed by other persons. An example would be a teacher who handed out an assignment to the class, sat in their desk while the students chose to do whatever they wanted to, and even having students in an out of control environment in the classroom and ignoring inappropriate behaviors of students within the classroom. A competent teacher would create strategies to control classroom behavior and promote learning in the classroom.
An example of this would be a high school teacher who developed a sexual relationship with one of his/her students. The act is immoral and unprofessional on part of the teacher because of the teacher’s authority and responsibility to be a role model for all students within a school, even if the student was a part of another school district. It is possible that this immorality could also include legal litigation against the teacher for charges of statutory rape and possible jail time.
An example of this would be a teacher’s behavior that harms or endangers students. If a teacher was drinking and using drugs with students, would be guilty of unprofessional conduct.
This is the failure or refusal of an employee to recognize or submit to the authority of a superior. An example of this would be a teacher who asked by a principal to discontinue allowing students to wear hats in his/her classroom based on school policy and the teacher ignores the legitimate order of the principal.
An example of this would be a teacher who failed to participate in normal duties associated with the position such as attending faculty meetings and attending parent teacher conferences. Neglecting to fulfill duties within a teacher contract or duty assigned by the school would be a neglect of duty.
An example of this would be a school policy that teachers must wear professional attire when teaching, which would exclude things such as wearing jeans and hats when coming to work to teach class. If the teacher showed up to work wearing jeans every day and after a remand by a superior continued to disobey this school policy, could be found in violation of the policies and rules set for the by the school.