Employment Law

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Related Employment Law Questions
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
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Allen M, JD

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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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