What is the Arizona Board of Education’s disciplinary jurisdiction over charter schools? There is a recent state law passed here in Arizona, which gives the State Board of Education power or jurisdiction over charter schools regarding teacher discipline. Before in charter schools, teachers may have an EIN or an education identification number, but they were not required to be certified teachers. And therefore, they were not under the jurisdiction of the State Board of Education regarding discipline. However, that has changed. And so, now the State Board of Education does have jurisdiction to discipline teachers in charter schools who may not actually be considered certified teachers under the State Board of Education.
So, what does this mean? If you are a charter schoolteacher, you could face discipline for unprofessional or immoral conduct that’s stated in Arizona statutes, even if you’re not a certified teacher. What does this look like? If a complaint is filed, they will investigate. Sometimes if there’s any type of improper conduct with students or staff, your school may have mandated reporting requirements. They would be required to report you to the State Board of Education. They can also report you to Child Protective Services and local law enforcement offices if applicable.
Then the State Board of Education can investigate. They would likely get a statement from that charter school educator. And then they may be under discipline. They can bring forth a hearing with the Professional Practices Advisory Committee. The state board can also write a letter of censure, which is public discipline. They can suspend your license. When I say license, I mean education ID number. They can suspend that, and then also they can revoke your EIN number. So, this is serious.
There have been times when educators were under discipline for their teaching certificates, so they left the public school setting and went to a charter school where they didn’t need their teaching certificates. However, now with this new law, the state Board of Education can impose discipline on those charter school teachers who don’t actually have a certified teaching license with the State Board of Education. So, this is important. It affects educators in the charter school setting.
Abbreviated as ASBE, this board got created by the Arizona Constitution. Its primary mandate is to regulate the conduct of the state’s public school system. The ASBE comprises eleven members:
The Arizona governor, in consultation with the state senate, appoints all ASBE members except the superintendent of public instruction. They serve for a term of four years, and their roles include:
The ASBE receives complaints about unprofessional or immoral conduct by certified and non-certified educators. After that, it opens investigations to determine whether the allegations constitute unprofessional or unbecoming conduct according to Arizona law. If formal complaints prepared by the Attorney General’s office get filed, the educator under question will be accorded due process as required by law.
Sanctions imposed by the ASBE become part of an educator’s permanent record and often get forwarded to a federal database. If that happens, the educator in question may get barred from teaching anywhere in the country. For this reason, it’s best to have an aggressive lawyer if a complaint is filed against you at the ASBE. At Chelle Law, we’ll defend your rights and ensure you get a fair hearing.
Under the Arizona Administrative Code (A.A.C.), Title 7, Chapter 2, Articles 7 and 13, the ASBE is required to maintain educator oversight and discipline. In line with this, the board investigates and imposes various disciplinary actions on certified and non-certified educators found to have involved themselves in misconduct.
The possible disciplinary actions by the ASBE after an Arizona teacher PPAC complaint hearing include censure, suspension, and license revocation. The ASBE’s rules stipulate that Arizona educators who violate provisions of the state administrative code are deemed to have engaged in unprofessional or immoral conduct.
Such educators are liable to be disciplined by the board as deemed fit. However, the board can go overboard when handing disciplinary action or fail to listen to your side of the story. For this reason, you need an experienced teacher license defense lawyer to help guarantee the fair hearing you deserve.
What are the Arizona teaching certificate disciplinary options with the Arizona Board of Education? So, suppose you are an educator here in the state of Arizona. In that case, you likely hold a certificate from the Arizona Board of Education. Suppose any instances of immoral or unprofessional conduct are defined by statute and regulation, which can mean anything from breaking your teaching contract. In that case, there is a broad overview of a DUI outside the classroom, being impaired while teaching under the influence of alcohol or drugs, and unprofessional conduct with students’ communication inside or outside the school. And it’s broken down in the discipline guidelines the board has published. But with all of you, you have a couple of different options.
Negotiation of Settlement Agreement Regarding Immoral or Unprofessional Misconduct
Let’s say a complaint of immoral or improper behavior triggers an investigation. In that case, you can negotiate a settlement deal to agree on the license discipline that will be applied. If you can test this, there will be a hearing before the professional practices advisory committee, and they will make findings of fact and conclusions of law. They’ll use those guidelines for appropriate discipline against your license. So, let’s talk about those a little there are four main types of discipline that an investigation will bring against your license.
So, the first one is a letter of a cent. It is a public discipline, so it’s searchable. And there will be the finding of facts and conclusions of law on the circumstances regarding your discipline.
Next, is a suspension, so your license could be suspended anywhere from one to three years. Again, you must look to those guidelines that the board has published. And then there’s suspension with conditions. Those conditions might be any type of counseling or rehabilitation program, things like that. But it’ll specify in the actual discipline what needs to happen and what you must complete. And then lastly, there’s revocation, which means your license is revoked. So, you will not be able to hold a teaching certificate in Arizona. They will just take away your license.
So, there are just four broad categories. The suspension can be for different periods of time in the conditions. There may be things to consider that you must comply with before the suspension is lifted with these discipline guidelines. And then the types or the options of discipline the board or the professional practices, an advisory committee will also consider any aggravating circumstances.
These are things that are going to count against you. So, this is prior discipline, especially if it’s a similar act or mitigating circumstances that may help your case. If you’re new to the profession, you just didn’t know certain things that may help your case that would be considered. However, there are only those four categories of discipline. Of course, if they dismiss the complaint, there will be no discipline. So that would be the best outcome.
Complaints, Investigations, Appeals and more!
Can a teacher break their employment contract during the school year here in Arizona? The answer is they can, but they may open themselves up to paying damages to the school district.
Some employment agreements for teachers in their school district have something called a “liquidated damages clause.” And it states that if the teacher breaks their employment agreement during the school year, they will have to pay that district thousands of dollars. These are included because if a teacher leaves mid-year, the school district is left without a teacher. So, they’re going to have to recruit, to find someone to start immediately, or if not, within a short period, they’ll have to pay the substitute for any of those costs and if they need to advertise a position. That’s kind of what covers that. You should always look first in your employment agreement to see if there is a liquidated damage clause in your employment agreement.
Also, the teacher should know that Arizona law states that a certified teacher shall not resign after signing and returning their contract unless the governing board first approves the resignation. A teacher who resigns contrary to this section shall be deemed to commit an unprofessional act. And upon request of the governing board, shall be subject to such disciplinary action including suspension, revocation of the certificate as a state board of education deems appropriate. This means you might not only be subject to potentially paying the school district thousands of dollars. The school district can also report that teacher to the state board of education, and an investigation could be opened on their license. This is serious. And it’s something that is becoming more and more of a concern just because of the pandemic, the shortage of teachers, and their teacher’s salary is low.
And so, if you find a district willing to pay you more and maybe closer to home, I mean, there could be various reasons you would consider an offer at a different district. However, you need to make sure you do it properly by referring to your employment agreement to see if there are any sort of damages like financially that you would have to be paying. And then also, you would want to be released by the school board because they can report you. It is a growing trend. The state board of education has reported that up to 12% of their current investigations involve teachers breaching their contracts.
And it’s a very serious thing. So, you want to make sure, I know I said this before, that you want to do it properly. Refer to your employment first. And then, you want to get the board’s approval. I know it’s a tough decision and a hard time for educators. Everything with COVID puts more stress on teachers. They’re understaffed, underpaid, and could be in a difficult position, and you just want to leave, but you can’t.
What happens if a teacher breaks their employment contract? I’m speaking about educators K-12 in the public school setting here in Arizona. Normally, you are given your employment contract before the school year starts, even sometimes, before February. You’ll sign the contract, and then you’re locked in for the next school year. So, what happens after you sign it if you need to break it? If you need to break that contract, there’s normally no way out of it. There’s no without cause termination. You must provide services for the following school year because there’s a mass exodus of educators. And there’s a lot of tension between educators and the school district.
It’s very hard to break your contract without getting any type of consequence. The consequences I’m talking about could be at the school district level. This means that sometimes teacher employment contracts have a liquidated damage clause. This means that if you break your agreement and leave or choose not to fulfill your contract after signing it, you may be required to pay back a portion or a percentage of your salary. Sometimes there’s a specified amount, which can even be about $10,000. Always read your employment contracts carefully to ensure those clauses aren’t there. So, one, there could be financial consequences. Two, your school board or governing board may report or file a complaint against you with the state board of education.
A teacher breaking their contract mid-year can be considered unprofessional conduct, and there may be consequences against your license. There are some exceptions. Some school districts specify that if a family member has become ill or you need to take a family leave, sometimes if you move out of the state, they give examples. And if you fall within one of those categories, you may be able to break your contract. If not, you are at the mercy of your school district. They must release you from your contract. Otherwise, it would be something that would be reportable to the state board of education. And therefore, there could be action against your license to teach.
Now, again, I’m speaking in general about the public school district. Sometimes charter or private schools are a little different, depending on your contract. It also depends on when you break your contract. If you sign it and they have plenty of time to fill your position or offer to stay until they fill your position, sometimes that can be a little bit different. It’s called mitigating damages. You’re helping the school district, so they are not out, and you’re not abandoning their classroom. There are lots of different factors and things in play. Timing is very important. Also, if the school district is breaching their contract, so they’re not providing services that they agreed for you, they’re making you do things that you’re not contracted to do, or they’re not paying you, things like that may be considered a breach of contract.
And that’s another way you may be able to end your employment with them mid-school year. But again, these things are very fact sensitive. And there’s a lot of tension right now between educators and school districts. I always recommend that you advise an attorney familiar with these types of situations just to prevent yourself from having any restrictions on your license so that you can continue being an educator.
In any employment contract, their whole purpose is to dictate the terms of the employment relationship. And one of the essential parts of that relationship is figuring out how the contract ends. It can end in several ways. First, generally, most employment contracts are for a fixed term. So, that could be one year, two years, or three years. And then, there may be language that states at the end of that fixed term. It automatically renews for another year, and then another year continues until terminated. That’s one way that the contract ends. The second could be for-cause.
When somebody breaches the contract, there will be a list of things for which the employer can’t terminate the employee. Suppose they’re in an industry that requires licensure, insurance, or special certifications. And then the employee loses those. The employer can terminate the agreement because they can no longer function in that job. There will also be broad language about moral turpitude, criminal activity, and convictions. So, in a scenario where a professional is in breach of contract, generally, the employer would give them notice. Then it’s called a cure or period. The employee would then have a certain period to fix whatever the problem is.
Usually, it’s between 15 to 30 days. If you lose a professional license, you won’t fix that in a month. It’s not going to happen. In that scenario, the employer can terminate the contract immediately. But if the employer is saying they’re in breach of something unfixable. Maybe they’re not working the hours they agreed to, or there’s a call that they’re refusing to take something like that that is fixable. Those are the things where the employer would give the employee written notice. Then allow them that period to cure whatever breaches. The opposite can be valid for the employee. Suppose the employer is in breach of contract. Let’s say they’re not paying the agreed-upon price. They’re not paying on the agreed schedule or miscalculating bonus compensation.
In those scenarios, the employee can do the same thing. They can give the employer written notice and say, hey, you’re in breach of contract. You’re not paying me what we agreed upon. You have 15 days to fix the problem and pay me correctly. And if you don’t, I can terminate the contract immediately. And then the last way for a contract to get terminated is without-cause termination. In most employment contracts, there will be a notice period required. You can’t just say to them, hey, I’m leaving tomorrow, and that’s it. I’m terminating the agreement tomorrow.
There’ll be at least a notice period to allow, maybe not a smooth transition from an employee leaving the employer. It provides a little time for both parties to get things together. To wrap up relationships with patients, clients, customers, or if for the employer. It allows them to look for a replacement or provide continuity of care. Like in the healthcare industry, patients are transitioning to a new provider.
Most of the time, it will be somewhere between 30 to 90 days without-cause termination. And so, in that scenario, the employee would give written notice to the employer. The letter contains, under the contract, that I must provide 60 days written notice for without-cause termination. Here’s my notice, my last day of work will be this date. And then, that’s it. The initial term can either expire. You can terminate the contract for-cause if there’s a breach or without-cause termination. And there’s no reason. And so, if you terminate without-cause, you can do it at any time with the correct notice for any reason. You don’t need to provide a long explanation as to why you’re terminating the contract without-cause.
When I talk to people unhappy with the job, they’re like, alright, well, how do I get out of this contract? What are my options? And then it’s determined that. Just give them without-cause notice and move on. I at least think most of the time, the professional wants to explain all the reasons why they’re deciding to leave. And I think that’s a bad idea. There’s just no benefit to that. You say, here’s my notice that I’m providing, appreciate the opportunity and move on. That is an opportunity to air grievances or point out all the problems with the employer.
There’s just no upside to doing that. You’re going to cause bad feelings, and you never know when a relationship can swing back around. So, maybe under new management or something like that, the job that turned out to be not that great can be another great opportunity. And if you burned a bunch of bridges, you’re losing a potential opportunity down the road.
Complaints, Investigations, Appeals and more!
What’s the difference between an IEP and a 504 plan? First, they come from different federal statutes. IEP comes from Individuals with Disability Education Act, and the 504 plans come from section 504 of the rehabilitation act.
A 504 plan focuses more on accommodations. Students who qualify for a 504 plan can have any disability that interferes with their ability to learn within the classroom. 504 plans are valid not only during K-12 education but also in college education settings. Parents are also involved less in a 504 or plan legally. However, most schools do include parents in the 504 processes.
In IEP, however, to qualify, a student must have one of 13 disabilities listed in the IDEA act. If they don’t have one of those disabilities, unfortunately, they do not qualify for an IEP. An IEP addresses accommodations and specific services such as special education that the child may need during their education process. And parents are more involved in an IEP. Parents are also required to attend annual meetings. Parents must be notified if students are evaluated for an IEP or a 504 plan.
Lastly, IEPs are different than 504 plans. It is because IEPs have specific goals and benchmarks that students are monitored if they’re reaching those. A 504 plan just simply gives accommodations to the children within that setting. And they’re not monitored. There are no goals that they must be hitting. Both create legally binding plans. And both creations of an IEP and a 504 have multiple team members and staff at the school. As I said, most of the time, parents are involved.
Hi, I’m Attorney Renee Osipov with Chelle Law in Scottsdale, Arizona. And today, I’m answering the question: what is special education law?
Special education law originates in the United States constitution. There are also Supreme Court case laws and federal statutes. An example is section 504 of the Rehabilitation Act and the Individuals with Disabilities Education Act. There might also be state statutes or regulations addressing special education laws within your state. This large body of law mandates that any student ages 3 to 21 with a disability are provided free and appropriate public school education that provides special education. It includes any services needed to meet those students’ individual needs.
The purpose of this is to integrate students with disabilities into society and not to segregate them in any way. At the district level, this typically looks like students can be screened or tested for certain learning disabilities. They may already have a disability diagnosed by a physician and within the school district. They receive special schooling or other services in response to their particular needs. Instructions can be given in a typical classroom setting. In place of taking notes, the students are provided a test-taking outline. They can take the test in a quiet place, with extra time, or by having the test read to them. They might be taken for things like occupational therapy. An IEP or a 504 plan may address specific discipline concerns. So, this can get a little bit overwhelming.
There are a lot of laws out there. There are IEPs, and there are 504s. What’s the difference? It can get a little confusing and overwhelming for parents. Call us and set up a consultation, especially if you are in the Phoenix or Scottsdale area. We are happy to set up a consultation with you here at Chelle Law. We’re here to address all of your rights within special education. I was also a teacher for eight years before becoming an attorney. So, I am well versed in special education and what this looks like at the district level.
What is a 504 plan in Arizona? 504 plans fall under a federal statute, specifically, section 504 of the rehabilitation act. Schools can develop a 504 plan to give students with disabilities the support they need. 504 plans also focus more on accommodations. To create a formal 504 plan, students do not need to participate in evaluations or screening processes. And these students might not even qualify for special education.
504 plans, as I said, focus more on accommodations, which can be within the regular classroom. This might mean accommodations to the environment. How do they present the curriculum to the students? And the list just kind of goes on from there. Whatever the student needs to participate in the classroom setting. Also, underneath the 504 plans, parents are not mandated to participate in the process. So, they might not get invited to the meetings or the creation of the 504 plans. Nevertheless, they must inform parents whether their child will participate in any kind of evaluation. If you’d like more information on this process, we’re happy to help.
What is an IEP in Arizona? An IEP stands for Individualized Education Plan. Students to be eligible to receive an IEP must attend public school or charter schools. A federal law known as the Individuals with Disabilities Education Act covers IEPs.
The process of getting an IEP starts with either the parents of the student or the school district themselves. They may require or request that the student be screened or tested. After that testing process, there’s a clear picture of the student’s strengths and challenges. Once they have gathered that information, creating an IEP begins. An IEP is a legally binding document that finds all parties to the terms of the agreement. IEP addresses any programs, services, or support needed for that student or to meet any of their unique needs.
Parents can also get involved in this process. They can ask for services or an IEP, or they can ask to have their child screened. They can sit in on the annual IEP meeting. Also, they can advocate for their child regarding what services need to be provided. Also, attorneys and special education attorneys may sit in on those meetings and can advocate for parents and their children. Call us and set up a consultation, especially if you are in the Phoenix or Scottsdale area. We are happy to set up a consultation with you here at Chelle Law. We will explain your rights to not only parents but also children. And then also explain the whole IEP process. If you also disagree with the school district’s findings or the programs they have put in place. You also have rights underneath federal law to fight the findings from the school.
As a parent, you have the right to request an Individual Educational Evaluation for your child if you disagree with the school’s evaluation of your child. However, you need to know that the public school is only obliged to pay for one IEE per disability per student.
You also have the right to choose the professional conducting the IEE. However, this professional must not be employed by the public school that your child attends. Once the IEE is complete, the results will be shared with the IEP team, who will use it to make decisions about your child’s education.
As highlighted above, as a parent, you have the right to request an IEE at any time. If you want to write a letter asking for an IEE, you need to include certain information in the letter. This includes:
You must also send this letter to your school district’s Director of Special Education. You can find the contact information for this person on your school district’s website. The goal of this letter is to give the school district notice that you are requesting an IEE. It is important to note that you do not need to state a reason for requesting the IEE in this letter.
The Child Find process is a continuous effort by the public school system to locate, identify, and evaluate children who may have disabilities and need special education services. This process applies to all children aged 3-21 who reside within the state of Arizona. The evaluation team responsible for carrying out this process is known as the Multi-Disciplinary Team or MDT.
If you believe that your child may have a disability and requires special education services, you should contact your school district’s Special Education Department. The school district will evaluate your child’s eligibility for special education services. Make sure to ask for a copy of the evaluation report to keep it for your records.
The MDT is the team of professionals responsible for conducting the Child Find process in Arizona. This team is made up of a variety of experts, including:
The MDT will use a variety of assessments to determine if a child has a disability and requires special education services. These assessments may include observations, interviews, and academic and behavioral testing. Once the MDT has completed their evaluation, they will meet with the child’s parent or guardian to discuss their findings. If the MDT determines that the child does not have a disability, the child will not be eligible for special education services.
The proper restraint and seclusion of students with disabilities is a hot-button issue in Arizona. The state legislature has passed a law requiring all public schools to have a policy regarding the proper use of restraints and seclusions. This policy must be reviewed and updated every year.
The law defines restraints as any manual or physical technique that immobilizes or reduces the ability of a student to move their body or head freely. This includes, but is not limited to, holding a student in a seated position or against a wall. Seclusion, on the other hand, is the involuntary isolation of a student in a room or space from which they cannot exist.
There are a few circumstances where restraints and seclusions can be used on students with disabilities. First, it can be used if the student poses an imminent threat of serious bodily injury to themselves or others. Second, it can be used if the student’s behavior is significantly disruptive and other de-escalation techniques have failed. Also, restrain and seclusion can be used if the student is engaging in self-injurious behavior, and restraint is necessary to prevent them from harming themselves.
As a parent, you must understand your child’s rights under the Disabilities Education Act. This will ensure that you can make informed decisions about their education and ensure that they receive the best possible education. If you have any questions or seek legal advice about your child’s rights or need assistance in ensuring that they receive the best possible education, contact an experienced Arizona special education attorney.
At Chelle Law, we understand the unique challenges parents of children with disabilities face. We are here to help you navigate the special education process and ensure that your child receives the best possible education. Contact us or visit our office today to schedule a meeting.
IEPs, School Discipline, Hearings and more!
What is an IEP in Arizona? An IEP stands for Individualized Education Plan. Students to be eligible to receive an IEP must attend public school or charter schools. A federal law known as the Individuals with Disabilities Education Act covers IEPs.
The process of getting an IEP in Arizona starts with either the parents of the student or the school district themselves. They may require or request that the student be screened or tested. After that testing process, there’s a clear picture of the student’s strengths and challenges. Once they have gathered that information, creating an IEP begins. An IEP is a legally binding document that finds all parties to the terms of the agreement. IEP addresses any programs, services, or support needed for that student or to meet any of their unique needs.
Parents can also get involved in this process. They can ask for services or an IEP, or they can ask to have their child screened. They can sit in on the annual IEP meeting. Also, they can advocate for their child regarding what services need to be provided. Also, attorneys and special education attorneys may sit in on those meetings and can advocate for parents and their children. Call us and set up a consultation, especially if you are in the Phoenix or Scottsdale area. We are happy to set up a consultation with you here at Chelle Law. We will explain your rights to not only parents but also children. And then also explain the whole IEP process. If you also disagree with the school district’s findings or the programs they have put in place. You also have rights underneath federal law to fight the findings from the school.
Hi, I’m attorney Renee Osipov with Chelle Law in Scottsdale, Arizona. And today, I’m answering the question: what is special education law? Special education law originates in the United States constitution. There are also Supreme Court case laws and federal statutes. Such as section 504 of the Rehabilitation Act and Individuals with Disabilities Education Act. And depending on your state, there might also be state statutes or regulations addressing special education and laws within your state. Still, this large body of law mandates that any student ages 3 to 21 with a disability are provided free and appropriate public school education providing special education. Including any services needed to meet those students’ individual needs. The purpose of this is to integrate students with disabilities into society and not to segregate them in any way.
At the district level, this typically looks like students can be screened or tested for certain learning disabilities. A physician may already have diagnosed them with a disability. And then, within the school district, they’re provided special education or services related to their unique needs. These can be instructions in the classroom like a normal classroom. It can be, instead of taking notes, they provide the students with an outline test-taking. They can have the test read to them, have extended time, or take it in a quiet area. They can have students pulled out for services such as occupational therapy.
They may address special discipline concerns within an IEP or a 504 plan. So, this can get a little bit overwhelming. There are a lot of laws out there. There are IEPs, and there are 504s. What’s the difference? It can get a little confusing and overwhelming for parents. Suppose you live in the Phoenix or Scottsdale area, and you would like a consultation with me. I am happy to address all of your rights within special education services. I was also a teacher for eight years before becoming an attorney. So, I am well versed in special education services and what this looks like at the district level of each school.
What’s the difference between an IEP and a 504 plan? First, they come from different federal statutes. IEP comes from Individuals with Disability Education Act. And the 504 plans come from section 504 of the rehabilitation act.
A 504 plan focuses more on accommodations. Students who qualify for 504 plan can have any disability that interferes with their ability to learn within the classroom. 504 plans are valid not only during K-12 education but also in college education settings. Parents are also involved less in a 504 or plan legally. However, most schools do include parents in the 504 processes.
In the IEP, however, to qualify, a student must have one of 13 disabilities listed in the IDEA act. If they don’t have one of those disabilities, unfortunately, they do not qualify for an individualized education program. An IEP addresses accommodations and specific services such as special education that the child may need during their education process. And parents are more involved in an IEP. Parents are also required to attend annual meetings. They must be notified too if students are evaluated for an IEP or a 504 plan.
Lastly, IEPs are different from 504 plans. It is because IEPs have specific goals and benchmarks that students are monitored if they’re reaching those. A 504 plan just simply gives accommodations to the children within that setting. And they’re not monitored. There are no goals that they must be hitting. Both create legally binding plans. And both creations of an IEP and a 504 have multiple team members and staff at the school. As I said, most of the time, parents are involved.
IEPs, School Discipline, Hearings and more!
What is a 504 plan in Arizona? 504 plans fall under a federal statute, specifically, section 504 of the rehabilitation act. Schools can develop a 504 plan to give students with disabilities the support they need. 504 programs also focus more on accommodations.
To create a formal 504 plan, students do not need to participate in evaluations or screening processes. And these students might not even qualify for special education. 504 programs, as I said, focus more on accommodations, which can be within the regular classroom. So, this might mean accommodations to the environment and how they present the curriculum to the student. The list goes on from there, whatever the student needs to participate in the classroom.
Also, underneath the 504 plans, parents are not mandated to participate in the process. So, the department might not invite them to the meetings or the creation of the 504 plans. However, they need to notify parents if their child will participate in any evaluation. If you’d like more information on this process, we’re happy to help.
Hi, I’m attorney Renee Osipov with Chelle Law in Scottsdale, Arizona. And today, I’m answering the question: what is special education law? Special education law originates in the United States constitution. There are also Supreme Court case laws and federal statutes. Such as section 504 of the Rehabilitation Act and Individuals with Disabilities Education Act. And depending on your state, there might also be state statutes or regulations addressing special education and laws within your state. Still, this large body of law mandates that any student ages 3 to 21 with a disability are provided free and appropriate public school education providing special education. Including any services needed to meet those students’ individual needs. The purpose of this is to integrate students with disabilities into society and not to segregate them in any way.
At the district level, this typically looks like students can be screened or tested for certain learning disabilities. A physician may already have diagnosed them with a disability. And then, within the school district, they’re provided special education or services related to their unique needs. These can be instructions in the classroom like a normal classroom. It can be, instead of taking notes, they provide the students with an outline of test-taking. They can have the test read to them or have extended time or take it in a quiet area. They can have students pulled out for services such as occupational therapy.
They may address special discipline concerns within an IEP or a 504 education plan. So, this can get a little bit overwhelming. There are a lot of laws out there. There are IEPs, and there are 504s. What’s the difference? It can get a little confusing and overwhelming for parents. Suppose you live in the Phoenix or Scottsdale area and you would like a consultation with me. I am happy to address all of your rights within special education services. I was also a teacher for eight years prior to becoming an attorney. So, I am well versed in special education services and what this looks like at the district level of each school.
What is an IEP in Arizona? An IEP stands for Individualized Education Plan. Students to be eligible to receive an IEP must attend public school or charter schools. A federal law known as the Individuals with Disabilities Education Act covers IEPs.
The process of getting an IEP in Arizona starts with either the parents of the student or the school district themselves. They may require or request that the student be screened or tested. After that testing process, there’s a clear picture of the student’s strengths and challenges. Once they have gathered that information, creating an IEP begins. An Individualized Education Plan is a legally binding document that finds all parties to the terms of the agreement. IEP addresses any programs, services, or support needed for that student or to meet any of their unique needs.
Parents can also get involved in this process. They can ask for services or an IEP, or they can ask to have their child screened. They can sit in on the annual IEP meeting. Also, they can advocate for their child regarding what services need to be provided. Also, attorneys and special education attorneys may sit in on those meetings and can advocate for parents and their children. Call us and set up a consultation, especially if you are in the Phoenix or Scottsdale area.
We are happy to set up a consultation with you here at Chelle Law. We will explain your rights to not only parents but also children. And then also explain the whole Individualized Education Plan process. If you also disagree with the school district’s findings or the programs they have put in place. You also have rights underneath federal law to fight the findings from the school.
What’s the difference between an IEP and a 504 plan? First, they come from different federal statutes. The individualized Education Plan comes from the Individuals with Disabilities Education Act. And the 504 education plans come from section 504 of the rehabilitation act.
A 504 plan focuses more on accommodations. Students who qualify for a 504 education plan can have any disability that interferes with their ability to learn within the classroom. 504 plans are valid not only during K-12 education but also in college education settings. Parents are also involved less in a 504 or plan legally. However, most schools do include parents in the 504 processes.
In the Individualized Education Plan (IEP), however, to qualify, a student must have one of 13 disabilities listed in the IDEA act. If they don’t have one of those disabilities, unfortunately, they do not qualify for an individualized education program. An IEP addresses accommodations and specific services such as special education that the child may need during their education process. And parents are more involved in an IEP. Parents are also required to attend annual meetings. They must be notified too if students are evaluated for an IEP or a 504 plan.
Lastly, IEPs are different from 504 plans. It is because IEPs have specific goals and benchmarks that students are monitored if they’re reaching those. A 504 plan just simply gives accommodations to the children within that setting. And they’re not monitored. There are no goals that they must be hitting. Both create legally binding education plans. And both creations of an Individualized Education Plan and a 504 have multiple team members and staff at the school. As I said, most of the time, parents are involved.
What happens when a teacher in Arizona gets a DUI? Let’s first talk about that at the school level. It’s likely in your employment contract and may address this. If you get convicted of a crime, they may be able to terminate your contract for-cause. If it’s not in your contract, there may be provisions in your handbook or teacher’s policy book that you sign as well. So, you’ll want to look at those two places. Also, the policy book or the contract typically states that you must report any arrest or criminal offenses, if not immediately, to the school.
You want to ensure you read those carefully and know your requirements at the school level. It is your requirement to self-report at the state level with your license. If not, it would get reported by the other agencies. And so, what happens? Being arrested for a DUI and charged for a DUI are two different things. You’ll want to know where you are in the process, but if you’re arrested and then charged, the State Board of Education has a DUI discipline matrix. It talks about what happens if you get a DUI.
It goes through the different scenarios and doesn’t state what type of DUI. In the state of Arizona, there are a couple of varying levels of a DUI. But the metrics do not address that. However, it addresses if this is your first DUI, they may investigate. Suppose they don’t find any substance abuse issues. In that case, you can have a negotiated settlement, and there may not be any discipline for your first DUI. However, it is flagged.
And what that means is that if you were to get an additional DUI within the next three to five years. You’re looking at suspension or suspension with conditions, which might mean a required counseling or rehabilitation program. They’re also probably going to investigate to ensure you are not under the influence while teaching. And then also, is it under the influence of alcohol or illegal drugs or substances? So, that’s all the things that they’re going to consider. If you have three DUIs, you’ll likely either be suspended or have your license revoked here in Arizona.
Now, they also look to mitigating circumstances. Like I said, is this your first DUI? Do you have any other criminal history? Have you ever been disciplined before by the State Board of Education? Aggravating circumstances become counted against you. Was there a child in the car? Was there any property damage? Have you had multiple DUIs, or is there a history of substance abuse? Things like that will count against you, so your discipline may be a little bit more. But if it’s your first DUI, like I said, it will be flagged by the State Board of Education. And they will watch that to ensure that within the next three to five years. You do not receive any other DUIs, criminal charges, or discipline.
And now, as I said, at the school level, unfortunately, you would have to report it. Look at your employment contract or in your teacher’s handbook to see what the requirements are and what the discipline is. Are you going to be terminated or suspended? Do you have to provide proof of rehabilitation or counseling? All those things you want to take into consideration.
What happens if a teacher breaks their employment contract? I’m speaking about educators K-12 in the public school setting here in Arizona. Normally, you receive your employment contract before the school year starts or before February. You’ll sign the contract, and then you’re locked in for the next school year. So, what happens after you sign it if you need to break it? If you need to break that contract, there’s normally no way out of it. There’s no without-cause termination. You must provide services for the following school year because there’s a mass exodus of educators. And there’s a lot of tension between educators and the school district.
It’s very hard to break your contract without getting any consequences. The consequences I’m talking about could be at the school district level. This means that sometimes teacher employment contracts have a liquidated damage clause. If you break your agreement and leave or choose not to fulfill your contract after signing it, you may be required to pay back a portion or a percentage of your salary. Sometimes there’s a specified amount, which can even be about $10,000. Always read your employment contracts carefully to ensure those clauses aren’t there. So, one, there could be financial consequences. Two, your school board or governing board may report or file a complaint against you with the state board of education.
A teacher breaking their contract mid-year can be considered unprofessional conduct, and there may be consequences against your license. There are some exceptions. Some school districts specify that if a family member has become ill. You need to take a family leave. Sometimes, if you move out of the state, they give examples. And if you fall within one of those categories, you may be able to break your contract. If not, you are at the mercy of your school district. They must release you from your contract. Otherwise, it would be something that would be reportable to the state board of education. And therefore, there could be action against your license to teach.
Now, again, I’m speaking in general about the public school district. Sometimes charter or private schools are a little different, depending on your contract. It also depends on when you break your contract. If you sign it and they have plenty of time to fill your position or offer to stay until they fill it, sometimes that can be slightly different. It’s called mitigating damages. You’re helping the school district, so they are not out, and you’re not abandoning their classroom. There are lots of different factors and things in play. Timing is very important. Also, if the school district is breaching their contract, they’re not providing the services they agreed for you. They’re making you do things that you have not signed into. They’re not paying you. Things like that may be considered a breach of contract.
And that’s another way you may be able to end your employment with them in mid-school year. But again, these things are very fact sensitive. And there’s a lot of tension between educators and school districts. I always recommend that you advise an attorney familiar with these situations. That is to prevent yourself from having any restrictions on your license so that you can continue being an educator.
In any employment contract, their whole purpose is to dictate the terms of the employment relationship. And one of the essential parts of that relationship is figuring out how the contract ends. It can end in several ways. First, generally, most employment contracts are for a fixed term. So, that could be one year, two years, or three years. And then, there may be language that states at the end of that fixed term. It automatically renews for another year, and then another year continues until terminated. That’s one way that the contract ends. The second could be for-cause.
When somebody breaches the contract, there will be a list of things for which the employer can’t terminate the employee. Suppose they’re in an industry that requires licensure, insurance, or special certifications. And then the employee loses those. The employer can terminate the agreement because they can no longer function in that job. There will also be broad language about moral turpitude, criminal activity, and convictions. So, in a scenario where a professional is in breach of contract, generally, the employer would give them notice. Then it’s called a cure or period. The employee would then have a certain period to fix whatever the problem is.
Usually, it’s between 15 to 30 days. If you lose a professional license, you won’t fix that in a month. It’s not going to happen. In that scenario, the employer can terminate the contract immediately. But if the employer is saying they’re in breach of something unfixable. Maybe they’re not working the hours they agreed to, or there’s a call that they’re refusing to take something like that that is fixable. Those are the things where the employer would give the employee written notice. Then allow them that period to cure whatever breaches. The opposite can be valid for the employee. Suppose the employer is in breach of contract. Let’s say they’re not paying the agreed-upon price. They’re not paying on the agreed schedule or miscalculating bonus compensation.
In those scenarios, the employee can do the same thing. They can give the employer written notice and say, hey, you’re in breach of contract. You’re not paying me what we agreed upon. You have 15 days to fix the problem and pay me correctly. And if you don’t, I can terminate the contract immediately. And then the last way for a contract to get terminated is without-cause termination. In most employment contracts, there will be a notice period required. You can’t just say to them, hey, I’m leaving tomorrow, and that’s it. I’m terminating the agreement tomorrow.
There’ll be at least a notice period to allow, maybe not a smooth transition from an employee leaving the employer. It provides a little time for both parties to get things together. To wrap up relationships with patients, clients, customers, or if for the employer. It allows them to look for a replacement or provide continuity of care. Like in the healthcare industry, patients are transitioning to a new provider.
Most of the time, it will be somewhere between 30 to 90 days without-cause termination. And so, in that scenario, the employee would give written notice to the employer. The letter contains, under the contract, that I must provide 60 days written notice for without-cause termination. Here’s my notice, my last day of work will be this date. And then, that’s it. The initial term can either expire. You can terminate the contract for-cause if there’s a breach or without-cause termination. And there’s no reason. And so, if you terminate without-cause, you can do it at any time with the correct notice for any reason. You don’t need to provide a long explanation as to why you’re terminating the contract without-cause.
When I talk to people unhappy with the job, they’re like, alright, well, how do I get out of this contract? What are my options? And then it’s determined that. Just give them without-cause notice and move on. I at least think most of the time, the professional wants to explain all the reasons why they’re deciding to leave. And I think that’s a bad idea. There’s just no benefit to that. You say, here’s my notice that I’m providing, appreciate the opportunity and move on. That is an opportunity to air grievances or point out all the problems with the employer.
There’s just no upside to doing that. You’re going to cause bad feelings, and you never know when a relationship can swing back around. So, maybe under new management or something like that, the job that turned out to be not that great can be another great opportunity. And if you burned a bunch of bridges, you’re losing a potential opportunity down the road.
IEPs, School Discipline, Hearings and more!
Hi, I’m attorney Renee Osipov with Chelle Law in Scottsdale, Arizona. And today, I’m answering the question: what is special education law? Special education law originates in the United States constitution. There are also Supreme Court case law and federal statutes, such as section 504 of the Rehabilitation Act and Individuals with Disabilities Education Act. And depending on your state, there might also be state statutes or regulations that address special education and laws within your state. Still, this large body of law mandates that any student ages 3 to 21 with a disability benefits free and appropriate public school education. That provides special education, including any services needed to meet individual student needs. The purpose of this is to integrate students with disabilities into society and not to segregate them in any way.
At the district level, this typically looks like students can be screened or tested for certain learning disabilities. They may already have a disability diagnosed by a physician. Then within the school district, they’re provided special education or services related to their unique needs. These can be instructions in the classroom like a normal classroom. Instead of taking notes, the students receive an outline test-taking. They can have the test read to them, have extended time, or take it in a quiet area. They may be pulled out for services such as occupational therapy.
It may address special discipline concerns within an IEP or a 504 plan. So, this can get a little bit overwhelming. There are a lot of laws out there. There are IEPs. And there are 504s. What’s the difference? It can get a little confusing and overwhelming for parents. Suppose you live in the Phoenix or Scottsdale area and would like a consultation with me. In that case, I am happy to address all of your rights within special education. I was also a teacher for eight years before becoming an attorney. So, I am well versed in special education and what this looks like at the district level.
What does a teacher employment contract in Arizona include? In general, they’re normally slim. Normally, they’re only a couple of pages long. They’re bare bones. I will go over the basics and what I have seen from educators who have been my clients. First, normally your salary is outlined there. Now, salaries are not normally negotiable with districts. They’re standardized. You received an offer for a specific amount outlined in your contract. And then it will go into how do you receive that salary? Are you paid over 12 months? Or are you paid throughout the school year as a teacher in Arizona? And like, you wouldn’t receive any funds in the summer, so you’ll want to double check that. You can properly budget for those funds over the year.
Especially if you’re coming from out of state to Arizona. There’s a signing bonus or relocation expenses sometimes that the school district will pay you. It’s normally not too much. It’s around a thousand. That’s what I’ve been seeing. But if you are coming in, they may offer you a bonus. Now, if you receive that bonus, there are always some types of repercussions. If you terminate your contract, you will likely have to pay it back, sometimes with interest. So, you’ll want to read your contract very carefully. And then the contract itself will state how long it’s for, and it’s normally for the entire school year. It’ll have a start date, which would be some time normally in August if you’re in the Phoenix or valley area.
And then normally, it ends at the end of May, and it’ll have a specific date on there, and you are required to provide services within those dates. You cannot break your contract. The next thing you want to look out for is normally. The school district has some type of for-cause termination. That means they may terminate the contract if you are under investigation or lose your license with the state of Arizona. Suppose you harm a child, do something very egregious, or get convicted of a crime. In that case, they may be able to terminate the contract immediately. You’ll want to read those through very carefully.
One thing missing from teachers’ contracts is a without-cause termination. That means you may not terminate your contracts for any reason.
You must fulfill your contract for the remaining school year. And if you don’t, there are normally consequences outlined in your contract. Normally, those are called liquidated damages, which are a specific amount of money you owe to the district if you leave mid-year. Those amounts of money have different computations. Sometimes it’s a percentage of how much your salary is. You’ll have to pay that back.
Other times it’s just a specific amount, and I’ve seen even up to $10,000. So, you want to read that very carefully to know the consequences of leaving. Also included in a teacher’s contract, sometimes exceptions would allow you to terminate your contract. They’re very slim, and there’s a very narrow category of things. It’s normally if you need to take a leave of absence for your health or a family member. I’ve seen one if you move out of state, they’ll allow you to break your contract, which is kind of odd.
But that’s about it. Also, if the school district, however, breaches their contract. So, suppose they’re not providing services that they agree to. In that case, they’re not paying you properly, or offering things you agreed upon in your contract. You may be able to break it. But again, you want to be careful. So, we have your salary, how the district can terminate the contract, and how you can terminate the contract. Normally, it’s what services you’re going to be providing. And when I mean services, what grade are you teaching? What are you teaching? There’s normally a language in there that says that you would adhere to all the school district’s policies. That’s important. You want to ensure you’re reading all the employee handbooks and policies. I have seen this come up when it’s talking about the discipline of students.
You want to ensure you know the school’s policy on how they prefer to discipline students. Among other things, that’s just one that I’ve seen often. Also, there’s language in there that you must adhere to by the state board of education regulations. Again, it’s slim. But normally, it’s just:
I always recommend reading your contract very carefully and considering the consequences if you cannot fulfill this contract before you sign it. I’ve even had clients bring me contracts that I’ve gone over with them so that they fully understand what they’re signing. This time, with educators, the friction between them, school districts, and the state board of education here in Arizona. They must understand fully what they’re signing because they’ll be contracted for the full school year. And it’s very difficult and stressful to get out of if you change your mind later.
Can a teacher break their legal employment contract during the school year here in Arizona? The answer is they can, but they may open themselves up to paying damages to the school district.
Some employment agreements for teachers in their school district have something called a “liquidated damages clause.” And it states that if the teacher breaks their employment agreement during the school year, they will have to pay that district thousands of dollars. These are included because if a teacher leaves mid-year, the school district is left without a teacher. So, they’re going to have to recruit, to find someone to start immediately, or if not, within a short period, they’ll have to pay the substitute for any of those costs and if they need to advertise a position. That’s kind of what covers that. You should always look first in your employment agreement to see if there is a liquidated damage clause in your employment agreement.
Also, the teacher should know that Arizona law states that a certified teacher shall not resign after signing and returning their contract unless the governing board first approves the resignation. A teacher who resigns contrary to this section shall be deemed to commit an unprofessional act. And upon request of the governing board, shall be subject to such disciplinary action including suspension, revocation of the certificate as a state board of education deems appropriate. This means you might not only be subject to potentially paying the school district thousands of dollars. The school district can also report that teacher to the state board of education, and an investigation could be opened on their license. This is serious. And it’s something that is becoming more and more of a concern just because of the pandemic, the shortage of teachers, and their teacher’s salary is low.
And so, if you find a district willing to pay you more and maybe closer to home, I mean, there could be various reasons you would consider an offer at a different district. However, you need to make sure you do it properly by referring to your employment agreement to see if there are any sort of damages like financially that you would have to pay. And then also, you would want to be released by the school board because they can report you. It is a growing trend. The state board of education has reported that up to 12% of their current investigations involve teachers breaching their contracts.
And it’s a very serious thing. So, you want to make sure, I know I said this before, that you want to do it properly. Refer to your employment first. And then, you want to get the board’s approval. I know it’s a tough decision and a hard time for educators. Everything with COVID puts more stress on teachers. They’re understaffed, underpaid, and could be in a difficult position, and you just want to leave, but you can’t.
What happens if a teacher breaks their employment contract? I’m speaking about educators K-12 in the public school setting here in Arizona. Normally, you receive your employment contract before the school year starts or before February. You’ll sign the contract, and then you’re locked in for the next school year. So, what happens after you sign it if you need to break it? If you need to break that contract, there’s normally no way out of it. There’s no without-cause termination. You must provide services for the following school year because there’s a mass exodus of educators. And there’s a lot of tension between educators and the school district.
It’s very hard to break your contract without getting any consequences. The consequences I’m talking about could be at the school district level. This means that sometimes teacher employment contracts have a liquidated damage clause. If you break your agreement and leave or choose not to fulfill your contract after signing it, you may be required to pay back a portion or a percentage of your salary. Sometimes there’s a specified amount, which can even be about $10,000. Always read your employment contracts carefully to ensure those clauses aren’t there. So, one, there could be financial consequences. Two, your school board or governing board may report or file a complaint against you with the state board of education.
A teacher breaking their contract mid-year can be considered unprofessional conduct, and there may be consequences against your license. There are some exceptions. Some school districts specify that if a family member has become ill. You need to take a family leave. Sometimes, if you move out of the state, they give examples. And if you fall within one of those categories, you may be able to break your contract. If not, you are at the mercy of your school district. They must release you from your contract. Otherwise, it would be something that would be reportable to the state board of education. And therefore, there could be action against your license to teach.
Now, again, I’m speaking in general about the public school district. Sometimes charter or private schools are a little different, depending on your contract. It also depends on when you break your contract. If you sign it and they have plenty of time to fill your position or offer to stay until they fill it, sometimes that can be slightly different. It’s called mitigating damages. You’re helping the school district, so they are not out, and you’re not abandoning their classroom. There are lots of different factors and things in play. Timing is very important. Also, if the school district is breaching their contract, they’re not providing the services they agreed for you. They’re making you do things that you have not signed into. They’re not paying you. Things like that may be considered a breach of contract.
And that’s another way you may be able to end your employment with them in mid-school year. But again, these things are very fact sensitive. And there’s a lot of tension between educators and school districts. I always recommend that you advise an attorney familiar with these situations. That is to prevent yourself from having any restrictions on your license so that you can continue being an educator.
In any employment contract, their whole purpose is to dictate the terms of the employment relationship. And one of the essential parts of that relationship is figuring out how the contract ends. It can end in several ways. First, generally, most employment contracts are for a fixed term. So, that could be one year, two years, or three years. And then, there may be language that states at the end of that fixed term. It automatically renews for another year, and then another year continues until terminated. That’s one way that the contract ends. The second could be for-cause.
When somebody breaches the contract, there will be a list of things for which the employer can’t terminate the employee. Suppose they’re in an industry that requires licensure, insurance, or special certifications. And then the employee loses those. The employer can terminate the agreement because they can no longer function in that job. There will also be broad language about moral turpitude, criminal activity, and convictions. So, in a scenario where a professional is in breach of contract, generally, the employer would give them notice. Then it’s called a cure or period. The employee would then have a certain period to fix whatever the problem is.
Usually, it’s between 15 to 30 days. If you lose a professional license, you won’t fix that in a month. It’s not going to happen. In that scenario, the employer can terminate the contract immediately. But if the employer is saying they’re in breach of something unfixable. Maybe they’re not working the hours they agreed to, or there’s a call that they’re refusing to take something like that that is fixable. Those are the things where the employer would give the employee written notice. Then allow them that period to cure whatever breaches. The opposite can be valid for the employee. Suppose the employer is in breach of contract. Let’s say they’re not paying the agreed-upon price. They’re not paying on the agreed schedule or miscalculating bonus compensation.
In those scenarios, the employee can do the same thing. They can give the employer written notice and say, hey, you’re in breach of contract. You’re not paying me what we agreed upon. You have 15 days to fix the problem and pay me correctly. And if you don’t, I can terminate the contract immediately. And then the last way for a contract to get terminated is without-cause termination. In most employment contracts, there will be a notice period required. You can’t just say to them, hey, I’m leaving tomorrow, and that’s it. I’m terminating the agreement tomorrow.
There’ll be at least a notice period to allow, maybe not a smooth transition from an employee leaving the employer. It provides a little time for both parties to get things together. To wrap up relationships with patients, clients, customers, or if for the employer. It allows them to look for a replacement or provide continuity of care. Like in the healthcare industry, patients are transitioning to a new provider.
Most of the time, it will be somewhere between 30 to 90 days without-cause termination. And so, in that scenario, the employee would give written notice to the employer. The letter contains, under the contract, that I must provide 60 days written notice for without-cause termination. Here’s my notice, my last day of work will be this date. And then, that’s it. The initial term can either expire. You can terminate the contract for-cause if there’s a breach or without-cause termination. And there’s no reason. And so, if you terminate without-cause, you can do it at any time with the correct notice for any reason. You don’t need to provide a long explanation as to why you’re terminating the contract without-cause.
When I talk to people unhappy with the job, they’re like, alright, well, how do I get out of this contract? What are my options? And then it’s determined that. Just give them without-cause notice and move on. I at least think most of the time, the professional wants to explain all the reasons why they’re deciding to leave. And I think that’s a bad idea. There’s just no benefit to that. You say, here’s my notice that I’m providing, appreciate the opportunity and move on. That is an opportunity to air grievances or point out all the problems with the employer.
There’s just no upside to doing that. You’re going to cause bad feelings, and you never know when a relationship can swing back around. So, maybe under new management or something like that, the job that turned out to be not that great can be another great opportunity. And if you burned a bunch of bridges, you’re losing a potential opportunity down the road.
IEPs, School Discipline, Hearings and more!
