Judge rules salary bonuses
for some teachers violate law

Sherwood NEA won its battle last month to stop the Sherwood Cass R-VIII School District from paying “commitment fees” to a few teachers without regard to the district salary schedule. Judge Joseph Dandurand of the Cass County Circuit Court ruled January 15 that the district’s practice violated Missouri’s Teacher Tenure Act. Sherwood NEA is an affiliate of the Missouri National Education Association, which supported the lawsuit.

“The Sherwood School District’s interest in recruiting and retaining quality teachers is noteworthy and one we share,” Greg Jung, Missouri NEA president, says. “However, the district used an unfair and illegal method to achieve that goal.

“The right way to recruit and retain good teachers is to pay them a competitive salary that is based on a uniform salary schedule as required by Missouri law,” Jung adds. “The district took the wrong approach by arbitrarily giving signing bonuses to some teachers and not others who were equally or more qualified.”

The Sherwood School District entered into commitment fee agreements with one continuing teacher and six new teachers for the 2000-01 school year in return for the teachers agreeing to teach in the district for two years. As a result, these teachers received bonuses ranging from $1,000 to $2,000. The bonuses were not authorized by the district’s salary schedule, and they were not offered according to any set criteria. Other teachers in the district who were equally or more qualified were not offered bonuses.

The judge agreed with Sherwood NEA’s position that the teacher bonuses violated the law requiring that teachers be compensated according to a uniform salary schedule. Such a schedule defines uniform criteria for determining different levels of teacher salaries.

“The law requiring that teachers be paid according to a uniform salary schedule is intended to prevent arbitrary favoritism and discrimination by school districts,” Jung notes. “A competitive salary schedule that is applied equally to all teachers will accomplish the district’s goal of recruiting and retaining quality teachers. At the same time, it helps avoid the problems that can be created when some staff receive special treatment.”

The 32,000-member MNEA represents teachers and other school employees, students studying to be teachers and teachers retired from public schools in school districts and on college campuses across the state. It is the Missouri affiliate of the 2.7 million-member National Education Association.

Carol K. Schmoock
Office 573-634-3202

February 2, 2004