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Even if a school official offers a teacher a job and the teacher accepts this offer, many state laws require that the school board ratify the contract before it becomes binding.
The usual remedy for a breach of contract between a school district and a teacher is monetary damages. Many contracts contain provisions prescribing the amount of damages a teacher must pay if he or she terminates employment before the end of the contract. For a teacher to determine whether a contract exists, he or she should consult authority on the general law of contracts.
If a school district has breached a contract, the teacher will usually receive the amount the teacher would have received under the contract, less the amount the teacher receives or could receive by attaining alternative employment. Your location city, ZIP code or county Begin typing to search, use arrow keys to navigate, use enter to select.
Teachers' Rights: Contracts. Similarly, a teacher may breach a contract by reing from the district before the end of the contract term usually the end of the school year. Some teachers have argued successfully that provisions in a teacher's handbook granted the teacher certain contractual rights.
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This section focuses on contract laws specific to teaching and education. Next Steps Contact a qualified education attorney to help you navigate education rights and laws. Thus, even if a principal of a school district informs a prospective teacher that the teacher has been hired, the contract is not final until the school district accepts or ratifies the contract. However, this is not common, as many employee handbooks include clauses stating that the handbook is not a contract.
Meeting with a lawyer can help you understand your options and how to best protect your rights. For a provision in a handbook to be legally binding, the teacher must demonstrate that the actions of the teacher and the school district were such that the elements for creating a contract were met. The same is true if a school district fails to follow proper procedures when determining whether to ratify a contract.
Breach of contract cases between teachers and school districts arise because a school district has terminated the employment of a teacher, even though the teacher has not violated any of the terms of the employment agreement.
Teachers' rights: contracts
Visit our attorney directory to find a lawyer near you who can help. Contracts for School Teachers The law of contracts applies to contracts between teachers and school districts. Or contact an attorney near you:. Either a teacher or a school district can breach a contract. Please try again.
In several of these cases, a teacher has taken a leave of absence, which did not violate the employment agreement, and the school district terminated the teacher due to the leave of absence. If a teacher breaches a contract, damages may be the cost to the school district for finding a replacement.
Thank you for subscribing! Whether a breach has occurred depends on the facts of the case and the terms of the contract.
Created by FindLaw's team of legal writers and editors Last updated June 20, The law of contracts applies to contracts between teachers and school districts. Non-monetary remedies, such as a court requiring a school district to rehire a teacher or to comply with contract terms, are available in some circumstances, though courts are usually hesitant to order such remedies.
This law includes the concepts of offer, acceptance, mutual assent, and consideration.
Teacher's Handbook as a Contract Some teachers have argued successfully that provisions in a teacher's handbook granted the teacher certain contractual rights. Remedies for Breach of Contract The usual remedy for a breach of contract between a school district and a teacher is monetary damages. Ratification of Contracts by School Districts Even if a school official offers a teacher a job and the teacher accepts this offer, many state laws require that the school board ratify the contract before it becomes binding.
Other damages, such as the cost to the teacher in finding other employment, may also be available.
School Related Forms. Breach of Teacher Contract Either a teacher or a school district can breach a contract.