Contract Adherence in Education

Contract Adherence

School boards maintain the authority to offer teachers a contract. Contracts in general incorporate a teacher's salary, insurance information, sick pay, and grievance measures and may differ from district to district (Phelps & Gale, 2003). A teacher's employment contract is a legally binding agreement between the school board and the teacher. The law of contracts is relevant to contracts between teachers and school districts (Phelps & Gale, 2003). The law of contracts incorporates the notions of offer, acceptance, mutual agreement, and consideration (Phelps & Gale, 2003). A myriad of statutes necessitate school board approval of a teacher's contract even if tiered leadership offers a teacher a job. Therefore, the contract is not definitive pending the school district endorsement of the contract (Phelps & Gale, 2003).

School districts are confronted with sustaining highly qualified teachers while encountering changes in teacher availability (White, 2004; "No Child Left," 2005). Consequently, highly qualified teachers in essential areas, such as special education, are frequently capable of bargaining compensation packages that in turn prompt competition between school districts (Gold, 1999).

The following treatise will address the scenario: After signing a contract, a special education teacher has submitted a resignation 3 weeks prior to the start of the school year. The teacher has been offered a position in another district, closer to his/her home that offers a better compensation package. Due to the teacher shortage in special education, there are no qualified applicants available to fill the abandoned position. This response is written from the perspective of the governing school board and will include whether or not the school board should release this teacher, reasoning for decision, the course of action the school board recommends, and stakeholder involvement in the decision. In addition, case law examples will support the view of the governing school board.

Breach of Contract