Teacher Offered Two Separate Contracts equaling 100% (one with a contingency clause)

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pkmacc

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I can't find anything online similar to my problem. Please help!
I have been teaching part-time at one school for over 30 years. In general, I was only the French teacher until this year (at 57%, for the last 8 years, but the percentage had fluctuated before that). I have additional certifications in ESL and Early Childhood Pre-K > 2. This year, I was teaching French and literacy in Pre-K and Kindergarten for a total of 57% until Jan. 1. At that time, our school got two new students who needed ESL support. So, since January, I have worked full-time, still teaching the other classes but now with the ESL duties, as well. I was offered this job by administration, accepted it, and later told that I would have to sign two separate contracts - one at 57% and one for 43% - with a contingency clause that says that if the two students leave before the end of the school year, then my second contract is void.

I am sure that they are doing this so that I will not become a full-time teacher with seniority rights to "bump" a teacher next year who has non-professional status (not tenured), and also to protect themselves in case the students leave and they are stuck finding another position for me (and paying me) until the end of the year.
To me, this seems similar to administration saying to a music teacher, "We will give you two contracts - one for your regular music classes and another for band and chorus. That contract will have a contingency clause that says if there are not enough students in band/chorus, then the second contract is void." The same could be said for the preschool teacher in our school. Couldn't her contract have a contingency clause? It just smells bad to me.

In fact, when I asked the superintendent's secretary where my contract was (it is now April!!!), she said they hadn't had time to write it up yet. Can they do that? ...and, she was even docking my pay for any day that the two students were absent or I was absent. She claimed that I was only going to be paid "for services rendered" and if they or I were absent, I couldn't render services. That part has been straightened out, but only after weeks of arguing about it. What is going on here??? Please help me.

And don't say, " Go to your union rep." She knows nothing and has told me that she thinks I need to sign the two contracts. I do not agree, but she is no help in deciding how to proceed from here.
 
I don't believe there is anything illegal about having 2 separate contracts. You can or cannot sign them - your decision. If you want the jobs, you would need to sign.

You can "hold" & see if you get other replies.
 
It is the contingency piece that I am especially upset about. Is that allowed? Doesn't that set a precedent for future contracts - for me and for other teachers, as well? Also, and I thank you for your first response, do the two contracts make me a full-time teacher (I am being offered full-time benefits for this year), and give me a leg to stand on for a full-time position next year? We have one teacher without professional status (no tenure) and I am certified for the grade 1 position she teaches. I don't mind signing the contract, as long as I am now considered a full-time teacher and no longer have to deal with the craziness (i.e. - teaching % uncertainty from year-to-year) of a part-time teacher's world. Please let me know if you think I should see a lawyer on this issue. .... And thanks again for your help! pam
 
A lawyer isn't going to be able to help you too much. Your union *might* but only if the way they are handling this violates the contract (union agreement). Tenure is granted by the state so whether these positions qualify you or not is out of your individual districts hands. ho can "bump" another Teacher is something that would be addressed in your union agreement. Not having read yours, it is impossible to say if there is any sort of violation or not. I wouldn't go to your school level rep. If you are part of NEA, talk to them http://www.massteacher.org/ . It is why you pay dues.

As for the contracts not being ready yet, I'd be more surprised if they were. It is still pretty early in the game. If you have gotten them prior to the beginning of April in the past, consider it an anomaly.

Contingent contracts are odd but I don't see where they are illegal. Signing two contracts in this situation, for two different assignments, is typical. My district would have handled this differently but that is just by practice, not law.
 
Thank you for your response and the idea to call NEA. By the way, I am talking about it being April and not having a contract for the 2012-2013 (current school year) that is nearly over. Can they withhold a contract for this long???
 
Whether they can or not is a matter of state law/regulation and your union contract. In my state, that wouldn't fly. Your mileage may vary.
 
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