Employment Law

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I am asking on behalf of five school tutors, working in a
Hi,I am asking on behalf of five school tutors, working in a public school district. The tutors teach students during the school day - teaching legally mandated courses to six students or less. The tu… read more
INFOLAWYER
INFOLAWYER
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Doctoral Degree
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What are the fees for answering this question? I have been a
I have been a a tutor in a public school district for 3 years. School tutors, who teach children during the school day, are not required to have certifications as they are, in theory, teaching under the “umbrella” of a certified teacher under contract with the district. This supervising teacher (whom we are under her umbrella) is the “teacher of record”. As a tutor, I am actually teaching the kids for a federally mandated program - English as a second language (ESL program). This is not extra help. The district is required to provide ESL services and, of course, by a certified teacher. The district, to save money, employs tutors to do this job (in lieu of hiring a certified teacher on contract) by justifying it under the “supervision of a teacher of record”.I called the Connecticut Board of Education and told them that I do exactly the same duties I would as the “teacher of record” with no assistance from anyone. I am an experienced teacher so they are greatly taking advantage of me as I have asked for 3 years to be offered a certified teaching contract and have been strung along with a “maybe” next year due to budget concerns. I get two yearly observations by the “teacher of record” and that's it - no other input.The CT Board of Education told me that a tutor is not supposed to be doing the lesson plans and evaluations. That is a job for the “teacher of record”. I have been asking for a contract for 3 years and it has been denied. I was told that the district doesn't have the money. I was wondering if I could get “back pay” or a retroactive contract for being the “teacher of record” as I happen to be a certified teacher. Is this a legally viable request? The CT Board of Education directed me to this law:Sec. 10-145d-401. Personnel required to hold certificates or permits (page 11 in PDF booklet)No person shall be eligible to serve for a board of education in the position of superintendent, administrator, teacher, special service staff member, or other position for which certificates orpermits are issued, unless such person holds a valid Connecticut certificate or permit appropriate for such position, except as otherwise provided in subsection (c) of this section.(b) Appropriate certification is required for any person in the employ of a board of education who:Is not directly supervised in the delivery of instructional services by a certified professional employee in a position requiring certification; or,(2) Is responsible for planning of the instructional program for a student; or,(3) Evaluates student progress; or,(4) Does not receive specific directions from their supervising teacher or administrator that constitute a lesson plan for each lesson. … read more
Law Educator, Esq.
Law Educator, Esq.
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I work as a music teacher at a music school in the Houston
I work as a music teacher at a music school in the Houston area. One location I work at has a 30 day notice cancellation policy. That is not unusual. One of my parents told me his daughter is going to… read more
Attorney 1
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Under NY State law if I work 7 hours a day ( 8am to 3 pm )
Under NY State law if I work 7 hours a day ( 8am to 3 pm ) as a teacher am I entitled to a 30 minute break? Also, are teachers considered an exempt employee under FLSA?… read more
ScottyMacEsq
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I am the owner of a tutoring company. I have a question
I am the owner of a tutoring company. I have a question about classifying my tutors as independent contractors vs. employees.Currently, they're classified as independent contractors, but as I expand, … read more
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INFOLAWYER
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I am a male teacher with a MA degree in Gifted/Creative/Talented
I am a male teacher with a MA degree in Gifted/Creative/Talented and over 20 years of successful experience teaching gifted children. I have more gifted training and experience than any teacher of a l… read more
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I am a new teacher in Richardson ISD and the only teacher on
I am a new teacher in Richardson ISD and the only teacher on my campus with a dual subject and 120 students. Due to lack of support, weight loss, undue stress/anxiety and scare tactics from the distri… read more
Law Educator, Esq.
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I am a teacher that only has a 45 minute planning period, but
I am a teacher that only has a 45 minute planning period, but other teachers who make the same amount of money that I do have a 90 minute planning period. Is this legal?… read more
Isaac, Esq.
Isaac, Esq.
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I teach in a small school district. For years I had tried to
I teach in a small school district. For years I had tried to transfer to another building because I wanted to teach a higher grade level. For years I was turned down by the building principal while ot… read more
wallstreetfighter
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I was terminated from my job as a nursing instructor because
I was terminated from my job as a nursing instructor because a student complained that I did not answer her e-mails. At the time of the complaint, I had approximately 96 students which include face to… read more
Tina
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An hourly employee that teaches English as a second language
An hourly employee that teaches English as a second language for the Berlitz corporation (a veteran teacher with many years of competent teaching) at a local university recently flunked a student in h… read more
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INFOLAWYER
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I have been teaching for 17 years, never received a bad evaluation,
I have been teaching for 17 years, never received a bad evaluation, but on March 30,2012, I received a Mandatory Action Plan. The school is low performing and is now in sanction by DPI. The evaluation… read more
Law Educator, Esq.
Law Educator, Esq.
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are these issues of discrimination 1. In a predominately
are these issues of discrimination? 1. In a predominately black school of administrators and teachers , the only Indian teacher hired for a campus is allowed to enter the office before 4:30 ( early de… read more
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If it is true that Texas Code only allows 20 students per teacher,
If it is true that Texas Code only allows 20 students per teacher, how is it possible that my child's 5th grade class has 28 students in it? Is there a way they get around this?… read more
Law Educator, Esq.
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This question pertains to tenure laws in the state of New Jersey.
This question pertains to tenure laws in the state of New Jersey. I am in my fourth year teaching in an elementary school in a Bergen County, NJ school district. I received tenure in 10/09. I am a lib… read more
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INFOLAWYER
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As a certified ELL teacher with a Masters Degree in English
As a certified ELL teacher with a Masters Degree in English Education and another in School Administration (as well as certification in several areas including ELL, Bilingual Spanish, Reading, Element… read more
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If a School Principal accepts a weekly lesson Plan ...
If a School Principal accepts a weekly lesson Plan Format from a Teacher for each weekof the year and subsequently decides during the last month of the school year that the lesson plan Format is unacc… read more
Faye Lee
Faye Lee
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I am a high school math teacher. Occasionally, I will ...
I am a high school math teacher. Occasionally, I will tutor a student at lunch or give a make-up test at lunch. My school says that if I do that I cannot eat lunch during my "prep" period after lunch … read more
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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