A teacher contract is a formal document that binds a new teacher and a school during the teacher's employment. Usually, the terms and conditions of a teacher contract are set by a school district (or a school board). This contract systematically records the rights, benefits, duties, obligations, and other responsibilities of the teacher and school.

An educator gets clarity about their work and expectations, and a school sets employment standards with their employees (or staff). Overall, a teacher’s contract is an important document that every school, including high schools and public schools, should implement when hiring a teacher.

Types of teacher contracts

A teaching job in a school works differently than all other types of jobs. When hiring an educator, a school can implement a contract with them, which can be as short as one month or extended up to a year. The terms in the contract depend on the school and the district policies under which it is located and on the teacher’s performance.

There are three common types of teacher’s contracts, each with a different period (or notice period). They are:

1. Probationary contract

This contract is often applicable to teachers new to the teaching profession or those new to the town or county. It is used to evaluate a teacher’s expertise and suitability for long-term employment. The probationary period depends on the school or school district’s policies and any relevant state or local regulations. It is usually signed for a short duration, such as a week, month, semester, or school year. Some schools may have shorter or longer probationary periods based on specific contractual agreements or education guidelines

2. Term contract

This contract is usually signed for a fixed term. It requires periodic renewal subject to teacher’s performance reviews and school needs.

3. Continuing contract

This contract is for an indefinite term until the teacher resigns or is terminated for some reason. It provides long-term stability. The rights mentioned in this contract are often similar to a term contract.

What are the advantages of a teacher contract?

A teacher contract is an essential document that brings numerous benefits to both educators and educational institutions. Here are the key advantages of having a teacher contract in place:

1. Comprehensive benefits package

Along with the compensation, a teacher contract lists all the benefits the teacher shall receive from the school, such as annual bonuses, medical insurance, transport expenses, and rent allowance. 

2. Teacher retention and stability

This contract helps the school retain the teacher for an agreed-upon period of time and renew the contract due to the teacher’s proven performance and continuity for students.

3. Dispute resolution provisions 

A contract mentions all the provisions regarding how to resolve a dispute. Usually, the parties choose their preferred method and include it in the contract, which is helpful during disagreements.

When does a teacher contract become void?

A void contract means it is no longer valid or legally enforceable under district or federal law. A teacher contract is considered to be void and can be terminated under the following circumstances:

• If either party is involved in illegal activities or crime.
• The rules stated in the contract are against the policies of the local or school board.
• Terms and conditions are severely one-sided.
• In case the teacher fails to fulfill the state licensure requirements of providing necessary documents such as their bachelor's degree or master's degree.

What is a teacher contract breach?

A contract becomes crucial during situations like a breach. If any breach happens, the affected party can report the breach against the other party, rendering the contract void. 

Below are some of the reasons that can lead to a teacher contract breach:

For teachers:

• Failure to perform duties: Not fulfilling teaching responsibilities, such as missing classes without valid reasons, or failing to prepare lesson plans as required.
• Violation of code of conduct: Engaging in behavior that goes against the institution’s code of conduct, such as unprofessional conduct or misconduct.
• Non-compliance with contractual terms: Not adhering to agreed working hours or refusing to participate in required professional development activities.
• Unapproved absences: Taking leave without proper authorization or not following the agreed-upon procedures for requesting time off.

For institutions:

• Non-payment of salary: Failing to pay the agreed salary or benefits in a timely manner.
• Changes to contract terms: Making significant changes to the terms of employment, such as altering work hours or responsibilities, without the teacher’s consent.
• Termination without cause: When a teacher’s employment is terminated without following the proper procedures or without explaining the cause.

Resolution to breach

The solution for a contract breach depends on which party has violated the contract terms. For example, if the school board or the administration breaches the contract, the school owes the teacher for all the damages. Usually, the teacher receives some monetary compensation. 

On the other hand, if the teacher breaches the contract, they might face financial and legal consequences. Hence, many contracts include a provision that states the penalties a teacher must pay for damages if they violate the terms of the contract.

Understanding how educators are protected under collective bargaining policy

In the context of teacher contracts, collective bargaining refers to the process by which teachers, represented by a union, negotiate with school districts or education authorities. The goal of collective bargaining is to reach agreements on terms and conditions of employment, including salaries, benefits, work conditions, and other employment-related issues. This process ensures that teachers have a voice in their working conditions and can collectively advocate for better terms and protections.

What are collective bargaining agreements?

A collective bargaining agreement is a formal contract resulting from the negotiations of the collective bargaining process. It outlines the agreed-upon terms and conditions of employment between the teachers and the employer.

Collective bargaining agreements ensure that teachers have a collective voice in shaping their work environment and employment terms. It provides a structured mechanism for addressing issues such as salary increases, health insurance, retirement benefits, class sizes, work hours, and professional development opportunities.

What are the sections included in a teacher contract?

A contract helps teachers work in better conditions and simultaneously helps the schools retain a skilled teacher for a certain period. However, the new teachers and schools should know what they’re signing for.

Below are the essential terms that a teacher contract should contain:

1. Parties to the contract

This is the first section containing teacher and school details, such as their name, address, contact details, etc.

2. Term of employment

Here, include the employment commencement date along with the tenure of employment.

3. Duties and responsibilities

This clause outlines all the duties and responsibilities the teacher should execute during their tenure in the institution.

4. Work schedule

Specify the teacher’s working days and number of working hours in a day. Apart from the regular working days, if the employee needs to work extra on other days, make that clear as well.  

5. Salary

This section includes all the compensation details (or stipend), including which school calendar day it’ll be credited.

6. Benefits

List all the additional benefits to this section that the teacher will receive during their term of employment, such as incentives, medical insurance, etc.

7. Holidays and leave of absence

This part outlines the specific holidays teachers are entitled to and the procedures for requesting time off. Additionally, it details the total number of work days allotted and the days granted to attend educational training and workshops for professional development.

8. Materials

This part mentions all the teaching and learning materials provided by the school to the teacher to help teach students.  

9. Performance evaluation

This section specifies that the school's HR and administration will regularly evaluate the teacher's conduct and performance.

10. Proprietary rights

During the teacher's tenure, they might be exposed to the school's confidential information. This clause expects the teacher not to disclose any information during the contract term and even after termination. 

11. Termination

This section lists all the terms involved in terminating an employee, such as the notice period, handover, etc. Include whether either party is allowed to terminate the contract and the effects of the termination.

12. Governing law

This clause mentions the name of the state, court, or region whose laws will be used to govern the terms of this contract.  

13. Assignment

This section states that neither party can assign its rights and responsibilities to a third party without written consent from the other party. For example, if the teacher is on a three-month sabbatical and wishes to assign a substitute teacher, the school board must be aware of and approve this switch. 

14. Non-waiver

This part explains that any delay or failure to enforce a contract term or condition doesn't mean that the party has waived the right to enforce it in the future. Essentially, it ensures that the contractual rights remain intact even if they are not immediately acted upon. 

15. Separability 

This section states the validity of the contract clauses when one clause is deemed unenforceable. For example, if a state law is passed reducing the number of holidays for teachers, only that clause in the contract may be invalid, while the rest will be enforceable.

16. Notice

In this section, provide the official mailing address of both parties that’ll be used to deliver physical or online notices. 

17. Force majeure

In this section, mention if either party is liable when they fail to perform their duties due to uncontrollable disasters.

18. Acceptance and signatures

This part signifies the formal agreement between the teacher and the employer. It confirms that both parties agree to the terms outlined in the contract, with signatures serving as an acknowledgment of the specified terms and conditions.

Why choose LegalZoom’s teacher contract template to draft your contracts?

When it comes to drafting a teacher contract, precision and clarity are paramount. A well-structured contract protects the interests of both educators and educational institutions and ensures that all parties are on the same page regarding expectations, responsibilities, and rights. 

But, creating the contract from scratch can take a lot of time. This is where LegalZoom’s teacher's contract template can help. It can give you a headstart for drafting your documents, which in turn can pace up your document creation process. Just scroll to the top of the page, and start creating your teacher contract by providing the necessary information. Once it’s complete, download your document in .pdf form for free and keep it for future use. 

However, if you want to edit certain parts of the contract or send the completed document for signatures, you can opt for our subscription plans. Our rich editor feature allows you to customize your document. You can add text, tables, and images, or change the font style, and color of your document to suit your preference. LegalZoom also provides an eSignature feature that allows you to send your document to one or more parties for signature.

Additionally, if you’re facing issues understanding certain terms in the contract, it’s better to get an expert opinion from a professional. LegalZoom provides attorney services where you can get your doubts clarified promptly.

Conclusion

To sum up, a teacher contract is an essential document that protects the rights of teachers and schools. The right contract template provides a structured framework for teachers and educational institutions to follow, clearly defining each party's expectations and responsibilities.