Chapter 02. Terms of Employment

Contracts To Be In Writing. All contracts with licensed professional employees shall be in writing and on contract forms prescribed by the State Board of Education. The contract shall be signed by the licensed professional employee and the secretary of the local board of education, and when so signed shall be filed by the secretary in the office of the Board.

Regular (Teacher's) Contract.

Provisional Contract. For employees who hold conditional or resident teacher licenses the form entitled “Provisional Contract For Conditional or Resident Teacher License Holders” shall be used, and no others shall be recognized. The following is the approved form:

Contracts and Agreements for the Release of Local School Personnel to the State Department of Education. All agreements shall be in writing and shall set forth the following:

Contract and Agreements Relating to the Assignment of Rights of the State Department of Education and the Studio Teachers Concerning Program Material Which May Be Produced or Broadcasted, or Both. All agreements shall be in writing on forms prescribed by the State Board of Education, and shall include such items as terms of employment, description of duties, differential payment as studio demonstration teacher, assignment of rights to program materials, terms for future revisions or updating of materials, mutual indemnification. The agreements shall be signed by the State Department of Education Superintendent of Schools, the Division of Instructional Technology, and by the studio teacher.

All public school system employees who are members of the organized militia or of the Army, Navy, Air or Marine Reserve, shall be entitled to a leave of absence from their respective duties, without loss of pay, time, or efficiency rating, on all days during which they shall be engaged in field or coast defense or other training ordered or authorized under the provisions of Article 65, Annotated Code of Maryland, or under any law of the United States, during such time as they are on inactive duty training, not to exceed 15 days annually.

All public school system employees who are members of the organized militia, and who are ordered to active duty under authority of the Governor, shall be entitled to a leave of absence without loss of pay, time, or efficiency rating for the time they are actually serving under the active duty orders, in addition to the 15-day period specified above.

For a member of the Teachers' Retirement or the Teachers' Pension System who performs regular job responsibilities during a mandatory assignment that extends beyond the member's 10-month assignment, the standards governing eligibility for earnable compensation are as follows:

Compensation for mandatory assignment beyond the 10 months consistent with the standards listed in §A of this regulation shall be reported as earnable compensation.

All voluntary extra-pay for extra-duty assignments, including but not limited to summer curriculum development, extracurricular sponsors, additional temporary or occasional assignments, bonuses, and summer school salaries, shall be excluded from the report of earnable compensation.

The standards for eligibility for earnable compensation apply to any mandatory assignment as of July 1, 1998.

Definitions. In this regulation the following terms have the meanings indicated:

The duties and responsibilities of a rehired retired teacher shall be set forth in a contract, the term of which may not exceed 1 year and which may be renewed annually upon the mutual written agreement of the local school system and the rehired retired teacher.

Beginning with the 2001—2002 school year, a rehired retired teacher shall receive the salaries and benefits and be subject to the working conditions that are mutually agreed upon in negotiations between the local board and the appropriate exclusive representative, under Education Article, §6-401 et seq., Annotated Code of Maryland.

All reports and data produced by a rehired retired teacher during the course and scope of employment under the contract shall be the property of the local board of education.

A local board of education may terminate a contract if a rehired retired teacher has not performed, or has performed unsatisfactorily, the duties and responsibilities set forth in the contract.

A controversy or dispute arising out of or relating to a contract or breach of contract shall be governed by the procedures set forth in Education Article, §4-205(c), Annotated Code of Maryland.