Summertime Duties
While summertime means vacations for some educators, it
also means district-required professional development
for others. Not surprisingly, this latter group of
educators is probably wondering if districts can
legally require their employees to obtain professional
development training in the summer.
The answer is yes and no. Most school district
employees are familiar with a clause in their employment
contracts that states that "additional duties" may be
assigned. This means that the employee and the school
district agree that the employee may be expected to
perform duties beyond his regular duties during the
contract period. However, that "additional duties" clause
does not permit the school district to assign duties
beyond the contract dates. This means that the duties
assigned to you based on this clause of your employment
contract should end with the last workday of the school
year. So, a summer professional development requirement
cannot be based solely on this clause in your contract.
However, there is a way for school districts to require
summer training. Each school district has the legal
authority to require a particular level of professional
development or continuing education for its employees to
maintain employment with the district. Such
requirements may be greater than the general Texas teacher
certification requirements.
For example, a school district could decide that all of
its teachers must be certified in bilingual education by
the year 2010. Every teacher in the school district would
be responsible for meeting the additional education and
certification requirement by the required date. If a
teacher didn’t meet the requirement, the district could likely
end the teacher's employment in the year 2010.
But what if the required training conflicts with your
summer vacation plans? And what if the required training
is too lengthy, burdensome or costly? The best solution is
to meet with your administrator to find a way to
accomplish the assignment rather than simply asking to be
excused from it. There may be alternatives to completing
the required training. For example, find out if the
training will be offered at other times. You may be able
to participate at a more convenient time or receive an
extension of the deadline to complete the training.
If the training is a one-time opportunity, you could
take responsibility for learning the information on your
own time by reading a book or taking a correspondence
course. You could offer to write a report to demonstrate
your mastery of the subject. And don’t forget to ask if
the district will cover the costs. Many school districts
are able to pay tuition for the training course and/or a
stipend for your attendance. Don’t be afraid to explain
your circumstances and request your district’s
flexibility.
Finally, remember that your participation in
professional development or continuing education will
likely affect your teacher appraisal. Domain VI of the
PDAS evaluates your participation in professional
development and its correlation with your teaching, the
needs of your students, and campus and district goals.
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The legal information provided on this Web site is for general purposes only. It is not intended as a substitute for
individual legal advice or the provision of legal services. Accessing this information does not create an
attorney-client relationship. Individual legal situations vary greatly and readers should consult directly with an
attorney. Eligible ATPE members should contact the ATPE Member Legal Services Department using our
online system, MLSIS.
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