School Law Advisor Blog

6 Tasks to Complete before the End of the School Year

As your administrations and boards are wrapping up the year and preparing for next year, we wanted to give you a quick run-down of new and nearly new tasks created by the law that should not be forgotten for next year: 

1.         If you have not already, prepare specific job descriptions for each distinct teaching position.  Only with these specific descriptions will districts be able to distinguish which positions do and do not result in bumping when it comes time to RIF. 

2.         Be sure to compile a “May 10” or “Qualifications” list.  This list (which must be presented to the exclusive teachers’ representative by May 10) should define all positions each teacher is “qualified” to perform, and each teacher qualified to perform each position.  Failure to construct and/or present the list will create complication in the following year’s reductions in force. 

3.          Any non-certified reductions in force must be completed (that is, notice must be received by the employees) by 30 calendar days prior to the effective date of the dismissal.  

4.         New contracts (collective bargaining and administrative employment) should be examined for compliance with the Patient Protection and Affordable Care Act (PPACA, or the Health Care Law).  PPACA imposes substantial penalties for non-compliance, but the “fixes” for these issues are diverse and complex. 

5.         Be sure new board members are aware of the training requirements imposed by P.A. 97-8 (SB7 or Education Reform Act), and 97-504 (Freedom of Information and Open Meetings Acts).   A simple chart outlining the training requirements may be found here: 

            6.         In the event the District performs any recalls, be sure to observe the new rules from the Education Reform Act, which extend recall to two (2) calendar years from the beginning of the school term following the term in which the reduction in force became effective if the number of honorable dismissal notice exceeds 15% of the number of full-time equivalent positions filled by certified employees (excluding principals and administrative personnel) during the preceding school year. 

            We hope you and your communities are enjoying the end of your school year, and we wish you a relaxing and enjoyable summer!