Q & A: Christian Educators members ask…
The answers or opinions expressed in this article are not intended to render legal advice. The factual and legal issues in each circumstance must be considered and may require the advice of an attorney.
I am facing a Reduction In Force (RIF) situation in my district as our enrollment continues to drop. I will most likely be one of the first to be let go since I have less seniority than most teachers in my area of licensure.
A district human resources representative called me into his office and suggested that I resign. He told me that resigning (rather than having a non-renewal in my employment records) would make it easier to get another job. Is this accurate?No. Since a non-renewed contract due to a RIF does not negatively hurt your reputation, we suggest you refrain from resigning and allow the district to non-renew you via their RIF policy. This type of job termination merely reflects a need for the district to reduce its staff, and since you have less seniority, the reduction impacts you.
Instead, we recommend you send out your resume to prospective employers while still under contract this school year to keep your employment status uninterrupted. If you do not find another position for next year and your district does not renew your contract, you will qualify for unemployment. Resigning disqualifies you from receiving unemployment benefits.
If you find another position for next year, you can turn in your resignation once the new district commits to hiring you in writing. Be careful to put the correct date of resignation in a letter lining up with the terminal date on your current contract so that your benefits are not cut off too soon. Also, find out when your new district’s health coverage starts. If there is a gap, COBRA requires your current district to extend your health coverage beyond when your contract ends, requiring that you pay the cost (which is better than having a medical crisis while uninsured).
Our principal took down a poster that was advertising a Christian club event some student members are planning. Even though other clubs are allowed to post such events on school bulletin boards, he told the students that since they are a Christian club, “separation of church and state” does not allow such a posting on a public school bulletin board. Is this true? As an advisor for the club, what should I tell my students?Your principal is wrong. In fact, enforcing such a position actually constitutes religious discrimination. Based on the Equal Access Act, religious clubs cannot be treated differently than secular clubs.
Christian Educators suggests you give Liberty Counsel’s “Equal Access” memo to your student leaders so they can share it with the principal. If the principal refuses to allow the students to hang the poster, have the students contact the Christian Educator’s office. We will connect your students with free legal representation.
We also suggest that the students handle all contact with your principal. This is great training on how to stand up for religious freedoms respectfully. Plus, it helps you avoid conflict with your supervisor, especially if a legal battle becomes necessary.
Questions?
To submit questions regarding:
- Religious freedoms - visit Ask an Attorney
- Educational issues - visit Ask an Educator
- All other legal issues - email service@christianeducators.org
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