HR Extras

Court upholds parental rights of teachers

In late October, the 5th Circuit Court of Appeals upheld a verdict attained by Karen Jo Barrow, against the district where she was a teacher, Greenville ISD.

Barrow had 15 years of teaching experience and her principal’s certificate when she sought a vice principal job in the district. She was told of the district’s “patronage” policy that required school-age children of all principals and administrators to be enrolled in public schools. Barrow’s children attended a private, Christian school, and she refused to remove them. As a result, she was told she would not be considered for a principal position. In 2000, Barrow filed suit in U.S. District Court against the district and its former superintendent, claiming both had violated her constitutional parental rights.

School district officials repeatedly denied Barrow’s claims and she was later hired as a high school assistant principal and promoted to principal. She has since resigned from the district.

As part of the decision, the district’s former superintendent will be required to pay Barrow’s attorney costs and fees for the nine-year legal battle, a whopping $650,000.

“This sends a strong message to every superintendent and administrator in the country. Blackmailing teachers to censure their children from private school is against the law—and if you do it, you’ll be personally liable,” said Kelly Shackelford, chief counsel of the Plano-based Liberty Legal Institute, which represented Barrow in the case.

“Former GISD principal wins appeal,” The Herald Banner, Greenville, Texas, Nov. 1, 2007.

Eanes ISD seeks sanction against teacher for late resignation

An acclaimed physics teacher who resigned his position from Eanes ISD two weeks before the start of the school year could face sanctions from the State Board for Educator Certification (SBEC).

Dan Harper led an outstanding physics program at Westlake High School in Eanes ISD for years and left shortly before the school year to take a position at Akins High School in South Austin. In his new position, Harper will train Advanced Placement science teachers at some of the Austin Independent School District’s low-performing campuses. Harper will earn more money in his new job but says the money had nothing to do with his decision to leave. He was interested in trying to reproduce the Westlake program with average- and low-income students.

Texas teachers must resign from a contract no later than 45 days before the first day of instruction for the school year. Districts can and often do release teachers from their contracts for circumstances beyond the teacher’s control. SBEC can suspend the licenses of teachers who are found to have abandoned their contracts.

In the district’s complaint, Eanes officials said they wouldn’t be able to find a suitable replacement for Harper so close to the school year. Westlake administrators arranged for his courses to be covered by two other teachers.

Nola Wellman, superintendent of Eanes ISD, said the district doesn’t want Harper to have his teaching certificate suspended. She says the district filed the complaint to make the point that there was a better way for Harper to resign.

“Top physics teacher under fire for job shift,” Austin American-Statesman, Oct. 30, 2007
“Eanes district says it’s not after teacher’s license,” Austin American-Statesman, Nov. 6 2007

Another year of modest pay increases on the way

The Salary.com National Salary Budget Survey indicates that employers are budgeting to increase salaries 3.8 percent next year, the same average percentage increase given in 2006 and 2007.

Just 26 percent of companies report a planned increase in salaries. Ten percent expect a reduction.

The largest pay increases are forecast for professional, scientific, and technical services jobs (4.2 percent). Jobs in the arts, entertainment, and recreation industry stand to earn the smallest increases (3.4 percent).

Conducted in August 2007, the survey includes 1,300 responses from HR professionals.

“U.S. Workers Should Expect Modest Pay Increases in 2008,” WorldatWork online, Oct. 31, 2007