Extra duty assignments for teachers rarely led to litigation prior to the 1980s. However, a study of recent extra duty cases indicated that the number and variety of cases are increasing. Cases were grouped into six categories: (1) contracts, (2) staffing patterns, (3) tenure, (4) demotion and stigma, (5) due process, and (6) collective bargaining agreements. Conclusions were that supplemental contracts are becoming common, extra duties should be assigned equitably, tenure does not accrue to extra duty positions, teachers’ associations are becoming involved in making extra duty assignments, and school boards must establish clear policies related to teachers’ extra duties.
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References
1.
See, for example, Parrish v. Moss, 106 N.Y.S.2d 577 (1951) and McGrath v. Burkhard, 280 P.2d 864 (Cal. App. 1955).
2.
See, for example, Thomas v. Board of Education of Community Unit School District No. 1, 453 N.E.2d 150 (Ill. App. 5 Dist. 1983).
3.
Swager v. Board of Education, Unified School District No. 412, Sheridan County, Kansas, 688 P.2d 270 (Kan. App. 1984).
4.
Kansas Statutes Annotated 72-5412a as reported in Swager v. Board of Education, Unified School District No. 412, Sheridan County, Kansas, 688 P.2d 270, 273 (Kan. App. 1984).
5.
Swager v. Board of Education, Unified School District No. 412, Sheridan County, Kansas, 688 P.2d 270, 276 (Kan. App. 1984).
6.
Unified School District No. 241, Wallace County v. Swanson, 717 P.2d 526 (Kan. App. 1986).
7.
As noted in Unified School District No. 241, Wallace County v. Swanson, 717 P.2d 526, 527 (Kan. App. 1986).
8.
Hachiya v. Board of Education, Unified School District No. 307, Saline County, 750 P.2d 383 (Kan. 1988).
9.
NEA-Goodland v. Board of Education, Unified School District No. 352, Sherman County, 775 P.2d 675 (Kan. App. 1989).
10.
NEA-Goodland v. Board of Education, Unified School District No. 352, Sherman County at 678.
11.
Smith v. Board of Education of County of Logan, 341 S.E.2d 685 (W. Va. 1985).
12.
Cruciotti v. McNeel, 396 S.E.2d 191 (W. Va. 1990).
13.
Hachiya v. Board of Education School District 307, 750 P.2d 383 (Kan. 1988).
14.
Hachiya v. Board of Education School District 307 at 387.
15.
Abell v. Nash County Board of Education, 365 S.E.2d 706 (N.C. App. 1988).
16.
Abell v. Nash County Board of Education at 709.
17.
Lewis v. Board of Education of North Clay Community Unit School District No. 25, Clay County, 537 N.E.2d 435 (Ill. App. 5 Dist. 1989).
18.
Lewis v. Board of Education of North Clay Community Unit School District No. 25, Clay County at 442.
19.
Penns Grove-Carneys Point Education Association v. Board of Education of Penns Grove-Carneys Point Regional School District, Salem County, 506 A.2d 1289 (N.J. Super. A.D. 1986).
20.
Lockhart v. Board of Education of Arapahoe County School District No. 6, 735 P.2d 913 (Colo. App. 1986).
21.
Tate v. Livingston Parish School Board, 444 So.2d 219 (La. App. 1 Cir. 1983).
22.
Tate v. Livingston Parish School Board at 221.
23.
Bryan v. Alabama State Tenure Commission, 472 So.2d 1052 (Ala. Civ. App. 1985).
24.
Bryan v. Alabama State Tenure Commission at 1054–1055.
25.
Lagos v. Modesto City School District, 843 F.2d 347 (9th Cir. 1988), cert. den. 109 S.Ct. 309 (1988).
26.
California Education Code Section 44923 as reported in Lagos v. Modesto City School District, 843 F.2d 347, 348 (9th Cir. 1988), cert. den. 109 S.Ct. 309 (1988).
27.
Smith v. Board of Education of Urbana School District No. 116, 708 F.2d 258 (7th Cir. 1983).
28.
Smith v. Board of Education of Urbana School District No. 116 at 260.
29.
Smith v. Board of Education of Urbana School District No. 116 at 261.
30.
Wagner v. West Perry School District, 480 A.2d 1336 (Pa.Cmwlth. 1984).
31.
Board of Regents of State Colleges v. Roth, 408 U.S. 564 (1972).
32.
Smith v. Board of Education of Urbana School District No. 116, 708 F.2d 258 (7th Cir. 1983).
33.
Smith v. Board of Education of Urbana School District No. 116 at 265.
34.
Lagos v. Modesto City School District, 843 F.2d 347 (9th Cir. 1988), cert. den. 109 S.Ct. 309 (1988).
35.
Lagos v. Modesto City School District at 350.
36.
Lagos v. Modesto City School District at 350.
37.
Diehl v. Albany County School District No. 1, 694 F.Supp. 1534 (D.Wyo. 1988).
38.
Diehl v. Albany County School District No. 1 at 1536.
39.
Vail v. Board of Education of Paris Union School District No. 95, 706 F.2d 1435 (7th Cir., 1983), aff'd., 466 U.S. 377 (1984).
40.
Swager v. Board of Education, Unified School District No. 412, Sheridan County, Kansas, 688 P.2d 270 (Kan. App. 1984).
41.
Babitzke v. Silverton Union High School No. 7J, Marion County, 695 P.2d. 93 (Or.App. 1985).
42.
Lexington County School District One Board of Trustees v. Bost, 316 S.E.2d 677 (S.C. 1984).
43.
Maupin v. Independent School District, 632 P.2d 396, 399 (Okla. 1981). as quoted in Lexington County School District One Board of Trustees v. Bost, 316 S.E.2d 677, 679 (S.C. 1984); see also Grounds v. Tolar Independent School District, 707 S.W.2d 889 (Tex. 1986).
44.
Smith v. Board of Education of County of Logan, 341 S.E.2d 685 (W. Va. 1985).
45.
Coles v. Glenburn Public School District No. 26, 436 N.W.2d 262 (N.D. 1989).
46.
Board of Education of Vocational School in County of Camden v. Cam/Voc Teachers Association, 443 A.2d 756 (N.J. Super. A.D. 1982).
47.
Ballard v. Board of Education of Goshen Local School District, 469 N.E.2d 951 (Ohio App. 1984).
48.
Ballard v. Board of Education of Goshen Local School District at 954.
49.
Wolf v. Cuyahoga Falls City School District Board of Education, 556 N.E.2d 511 (Ohio 1990).
50.
NEA-Goodland v. Board of Education, Unified School District No. 352, Sherman County, 775 P.2d 675 (Kan. App. 1989).
