Contracts, Resignations, Transfers

• Before signing, read it carefully and make sure it is correct.
  
  
• A Continuing Contract teacher who moves into a different position should be aware of the type of contract offered. Anything other than a Continuing Contract will not provide due process rights.
  
  
• Teachers must sign their contracts within the period allowed by law. The deadline is normally stated on the contract. Failure to return a contract within the period allowed waives the right to re-employment for the following year. Any questions concerning contract deadlines should be presented immediately to The SCEA.
  
  
• Use caution when signing contracts early. Verbal promises from the district that a teacher can be released later if they change their mind are not legally binding.
  
  
• If a teacher signs a contract and then is offered a position in a different district, the current district must be willing to release the teacher from the contract that was just signed before the teacher can sign a contract in the other district.

• Districts send out a letter of intent in the winter of each school year.
  
  
• The letter of intent is not a legally binding document.
  
  
• Check your school board policy Policies Online - (scsba.org) to review your "transfer" section to understand IF you mark that you want to stay in your building next year, will you be able to transfer within the same district next school year.

• Teachers who fail their evaluation may or may not be offered a contract for the next year. It's a district decision, subject to any hearing rights the teachers may have as provided be the Teacher Employment Dismissal Act or the State Department of Education Regulations.
  
  
• Teachers who change districts may have to undergo formal evaluation in the new district, simply because they are a new hire.
  
  
• Teachers who fail their formal evaluation are not guaranteed an opportunity to go through it again the next year. It's a district decision.
  
  
• If a teacher is notified that the district has recommended formal evaluation for next year, that recommendation follows the teacher if moving to a new school in the same district. If the teacher changes districts, the decision is left up to the new district.

• Never make a resignation decision in haste or in the midst of conflict.
  
  
• All "thinking" must be done before submitting a resignation. Once the resignation is submitted, it's a "done deal". Regardless of the circumstances, resignations are VOLUNTARY. No one can be forced to resign.
  
  
• Refuse to sign a resignation without time to think about it first and call The SCEA. If you are told you must make a decision now, simply say that the decision is much too important to make without giving it appropriate consideration and ask for time -e.g. a couple of days at least. It is very rare that a district will not grant this time. Call The SCEA ASAP.
  
  
• Get any agreements that were made- in exchange for a resignation - in writing before resigning.

(E.G. full time to part time, certified to non-certified, or different position)

• A certified employee who seeks or is offered a non-verified position (e.g. a teacher takes a teacher aide position) may not be able to return to a full time or certified position the following year. Some districts bar the teacher from being considered for a full-time teaching position for a period of time, like two years, although it's not in writing anywhere.
  
  
• Teachers who accept a part time position or a non-certified position should find out how this will impact benefits, retirement, certificate renewal, and NBC incentives (if applicable).

• Teachers who sign a contract but are not qualified for the position are taking a risk. If the district grants time to meet certification requirements, get it in writing, and follow though!
  
  
• If it is discovered later that certification is not in order, the educator may have to scramble to get certified without enough time to complete the coursework. The district may be unwilling to wait.
  
  
• There is a shared responsibility to make sure these errors do not occur, but in the end teachers are held legally responsible for their certification.

• A National Board Certified teacher may lose their incentive pay by transferring to a position outside of the classroom. There are a variety of positions in districts and schools that are called "coordinator", "facilitator", "coaches", "specialists", and so forth. These positions are typically not classroom positions, or they may be split between traditional teaching and other duties. Before a NBCT transfers to a new position, they should confirm whether the NBC incentive will be affected. Get it in writing!
  
  
• To receive the incentive, the educator must be schools-based, non-supervisory, non-administrative, work with classroom teachers in an instructional or curriculum coordinator capacity, or any other school-based personnel not requiring principal/administrative supervisory certification.
  
  
• Review the new contract carefully to make sure the contract type is not "administrator". If you sign an administrator contract, you will lose your NBC incentive, regardless of whether or not you will be handling administrator duties.

• Check your personnel file before you leave a district.
  
  
• Make sure agreements reached about job changes are in written form. Use caution in assuming that an e-mail is an official response.
  
  
• Keep your principal in the loop.
  
  
• Check your credentials to confirm the status of your certificate renewal and make sure you obtain any information, paperwork or signatures needed.
  
  
• Get professional references from colleagues for future use.
  
  
• Remove personal data from the school computer using a personal drive. Do not violate FERPA or district policy by downloading protected information.
  
  
• Don't pack your room before your move is officially approved.
  
  
• Return all equipment and district property.

• If losing your job wasn't your fault (e.g. Induction/Annual Contracts, Reduction in Force/Layoffs) you may be eligible to receive unemployment. Quitting, being terminated, or retiring may disqualify you for unemployment benefits.
  
  
• The decision to approve or deny unemployment is made by the unemployment office, not the district. However, information provided by your district can cause you to be ineligible or disqualified for a period. Ask for written assurance that your resignation is "involuntary" or your separation is not "for cause."

There is a DEADLINE to appeal personnel and contract issues. The deadline to appeal the non-renewal of a contract is 15 calendar days. The deadline to file a grievance to appeal other actions is specified in your school district's board policy manual in the Personnel Section. For most districts, the deadline is 10 working days. If you miss the deadline, you may lose your right to any kind of appeal process.

Email: help@thescea.org
Website: www.thescea.org
Location: 2999 Sunset Boulevard, West Columbia, SC, USA
Phone: 803.772.6553
Facebook: https://www.facebook.com/TheSCEA