Abandonment of Contract Recommendations From Task Force Bootstrap
Abandonment of Contract Recommendations From Task Force Bootstrap October 20, 2016
Why is this a problem? • Teachers say contracts are unfair • School systems control the language, can reduce days, change assignments, and add liquidated damages • Teachers are forced to sign contracts earlier and earlier • Georgia is experiencing a shortage of teachers
Why is this a problem? • Administrators say contracts are not fair because teachers sign and break contracts • School system saved the position and now is trying to find replacement at the last minute • One metro area school system lost 600 teachers after June 1 • Kids are the ones who suffer because often times, the position is not filled
Recommendations • Eliminate Standard 8 and incorporate wording in Standard 10 to capture breach of contract • Use phrase “Breach of Contract” instead of “Abandonment” • Emphasize “Breach of Contract” could be done by school system as well as Educator • Continue current interpretation of “PSC” will not sanction certificate if resignation submitted prior to June 1
Recommendations • After June 1, PSC will not sanction certificate for the following reasons: • Transfer of Spouse that requires unreasonable commute • Illness in the family which requires educator to care for family member • Promotion in the field of education that meets the following criteria: increase in job responsibility, increase in prestige, and an appropriate and reasonable increase in salary
Recommendations • Payment of Liquidated damages by educator is not considered a release from contract • School Systems are encouraged to work with educators for a smooth transition • Educators are expected to honor their contracts • Breach of Contract is defined as “not being released from contract and not meeting the criteria” established by the PSC
Process • Presented draft to Commission in October • Ethics Staff and Executive Staff will review, edit, and wordsmith to put in appropriate format for our rule making • Attorneys and Professional Organizations will provide input • Presentations will be made to get feedback from the field • Bring to Commissioners in January/February as a recommendation
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