By Attorney Thomas B. Mooney, Neag School of Education, University of Connecticut

The "Legal Question of the Week" is a regular feature of the CAS Weekly NewsBlast. We invite readers to submit short, law-related questions of practical concern to school administrators. Each week, we will select a question and publish an answer. While these answers cannot be considered formal legal advice, they may be of help to you and your colleagues. We may edit your questions, and we will not identify the authors. Please submit your questions to: legalmailbag@casciac.org.
_____________________________________________________________________________

Dear Legal Mailbag:

For some years, our board of education has permitted the teachers in our district to enroll their children in our schools as long as they provide transportation for them. We are predicting crowding next year at the high school, however, and these extra students just make things more difficult. In fact, some of them have special needs, which further burden us. The Board budget was just shot down in referendum, and we are looking for savings wherever we can find them. Do you agree that ending this free benefit is a good way to achieve cost savings?

Signed,
The Party is Over



Dear Party (Is Over):

I am sorry to hear about your budget, and these are certainly difficult times. However, we must be aware of our obligations under the Teacher Negotiation Act. Specifically, the concept of past practice means that significant working conditions, including benefits that were once conferred gratuitously, must be maintained unless a change in those working conditions is negotiated with the union. If the benefit is in the contract, we must wait, of course, for the next round of negotiations. If the benefit is not set forth in the contract, the school district may seek to negotiate a change in that benefit at any time. However, absent an emergency no change in the benefit is permitted until such negotiations are concluded.

There are two other points you should consider in this regard. First, some of the students involved may have attended your schools for years, developing friendships and expectations along the way. It may be harsh without prior warning to seek to terminate their privilege of attending district schools. Often such changes are made prospectively, so that students who currently attend your schools may continue to do so for some years. Second, there may be some flexibility as regards the needs of special education students. Since their enrollment is not mandated by law, the conditions under which they attend are not subject to the normal rules (e.g., that special education students receive a free, appropriate public education). If and when the district negotiates over any proposed changes to this benefit, it may wish to set limits on its responsibilities, such as providing that the teacher/parent would be responsible for any additional costs due to the student’s special needs.