Know Your RightsgF

AN EDUCATOR’S GUIDE TO KNOWLEDGE AND ENFORCEMENT

TEXAS AFTSEPTEMBER 2011SEPTEMBER 2011

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Rate your knowledge and Rate your knowledge and identify your concerns.y y

PRE-TEST

Your Right to Join & P i i& Participate

As a public employee your rights are t t d b St t L d th F d l protected by State Law and the Federal

Constitution.

TEXAS EDUCATION CODE 21.408: RIGHT TO JOIN OR NOT TO JOIN PROFESSIONAL ASSOCIATION. “This chapter does not abridge the right of an educator to join any professional association or organization or refuse to join any professional association or or organization or refuse to join any professional association or organization.”

REVISED CILVE STATUTES OF TEXAS ARTICLE 5152: RIGHT TO ORGANIZE "I h ll b l f l f d ll d TO ORGANIZE. "It shall be lawful for any and all persons engaged in any kind of work or labor, manual or mental, or both, to associate themselves together and form trade unions and other organizations for the purpose of protecting themselves in their pursuits and for the purpose of protecting themselves in their pursuits and employments." (Acts 1899)

ARTICLE 5154C, SECTION 4, "It is declared to be the public policy of the State of Texas that no person shall be denied public employment by reason of membership or non-membership in a labor organization."

ARTICLE 5154C, SECTION 6, "The provisions of this act shall not impair the existing right of public employees to present grievances concerning their wages, hours of work or conditions of work, g gindividually or through a representative that does not claim the right to strike."

ARTICLE 5154G SECTION 1 "I i h b d l d b h ARTICLE 5154G, SECTION 1, "It is hereby declared to be the public policy of the State of Texas that the right of persons to work shall not be denied or abridged on account of membership or non-membership in any labor union or labor organization and that in the membership in any labor union or labor organization and that in the exercise of such rights, all persons shall be free from threats, force, intimidation or coercion.”

STATE LAW-ACTS 1947, 50TH LEGISLATURE,P.231,CH.135

Day-to-Day Rights & R ibili i& Responsibilities

PLANNING & PREPARATION TIME

TEXAS EDUCATION CODE 21.404Each classroom teacher is entitled to at least 450 minutes within each two week period for instructional preparation including parent teacher two-week period for instructional preparation, including parent-teacher conferences, evaluating students’ work, and planning. A planning and preparation period under this section may not be less than 45 minutes within the instructional day.y

• 45-minutes must be consecutive and not divided up

• This time is duty-time and not free time for employees to leave y p ycampus and engage in non-school related activities

• Attorney General has ruled that attending group meetings/sessions is not mandatory and is at the discretion of the teachery

• If given more than 45-minutes, additional time may be used for other duties, meetings, etc.

DUTY-FREE LUNCH

TEXAS EDUCATION CODE 21.405Each classroom teacher or full-time librarian is entitled to at least a 30 minute lunch period free from all duties and responsibilities 30-minute lunch period free from all duties and responsibilities connected with the instruction and supervision of students.

• If a personnel shortage exists when reasonable efforts to use nonteaching personnel or volunteers to supervise students, teachers may have to perform lunch duties.

• An extreme economic condition exists when the percentage of the local tax increase, including the cost of implementing duty-free lunch, would place the District in jeopardy of a potential rollback election.

• Nothing in these provisions allows for walking students to the cafeteria or collecting them.

• The teacher is entitled to a full 30-minutes free of duties.

LOST OR STOLEN TEXTBOOKS

TEXAS EDUCATION CODE 31.104The board of trustees of a school district may not require an employee of the district to pay for a textbook or instructional technology that is of the district to pay for a textbook or instructional technology that is stolen, misplaced, or not returned by a student.

• Each student and parent/guardian is responsible for textbooks not returned.

• The District must follow certain provisions on how to recover fees, etc.

• Protect yourself by having students sign a withdrawal form for a textbook, keep these on file, and maintain accurate records of materials not returned.

• Be sure to report any missing resources at anytime.

PAPERWORK REDUCTION ACTTEXAS EDUCATION CODE 11.164The board of trustees of each school district shall limit redundant requests for information and the number and length of written reports q g pthat a classroom teacher is required to prepare. A classroom teacher may not be required to prepare any written information other than:

1. any report concerning the health, safety, or welfare of a student;y p g y2. a report of a student's grade on an assignment or examination;3. a report of a student's academic progress in a class or course;4. a report of a student's grades at the end of each grade reporting period;5. a textbook report;6 a unit or weekly lesson plan that outlines in a brief and general manner the 6. a unit or weekly lesson plan that outlines, in a brief and general manner, the

information to be presented during each period at the secondary level or in each subject or topic at the elementary level;

7. an attendance report;8. any report required for accreditation review;9. any information required by a school district that relates to a complaint,

grievance, or actual or potential litigation and that requires the classroom teacher's involvement; or

10.any information specifically required by law, rule, or regulation.

DOCUMENTATION & YOUR SIGNATURE

RULES, PROVISIONS, AND BEST PRACTICESWhen a teacher receives a document or written reprimand, we suggest the following especially if you disagree with the information:suggest the following especially if you disagree with the information:

• Sign the document to avoid being charged with “insubordination.” Sign the document, but write beside your name, “My signature indicates that I have received this copy, but do not agree with its content.”

• After receiving a document, you have 10-business days to respond with a written rebuttal. Consult with AFT for assistance.

• You may also have a right to file a grievance. Consult with AFT for assistance.

I AM BEING SINGLED OUT – HELP!

RULES, PROVISIONS, AND BEST PRACTICESThe feeling of being singled out may be the first indicator that something is wrong We suggest the following:something is wrong. We suggest the following:

• Keep a journal and document. You must be able to establish a pattern of harassment prior to making your case. Include dates, times, names. Your documentation will make your claims more valid.

•Keep and print all emails and written correspondence. File these in chronological order.

•If you have a verbal conversation of receive a verbal directive, follow up with this person with an email to document the conversation.

• Never send inappropriate messages to anyone. Always act in a professional manner.

• Contact AFT for assistance.

PDAS, SAFE SCHOOLS ACT, ETC.

OTHER THINGS TO CONSIDER

Att d AFT PDAS W k h• Attend an AFT PDAS Workshop• Be sure to document• Download our PDAS Power Point

• Download the Texas AFT “Texas Safe Schools Act” brochure or visit our web site for details

• Grading – there are no longer grading minimum requirements (minimum of 50 is gone!)

Enforcement of Y Ri hYour Rights

ALDINE ISD GRIEVANCE POLICY

INFORMAL ATTEMPT TO RESOLVE THE ISSUE:

E l t i d t l l i t i f ll b t Employee are not required to resolve complaints informally, but are encouraged to settle their issues at the lowest possible level.

We suggest:• Contact the AFT for assistance and guidance

• Document your informal complaint with your immediate supervisor and request an information conference to discuss.

• If you do not receive the resolve you had requested, then pursue the y y q , pgrievance procedure.

• DO NOT MISS YOUR DEADLINE TO FILE!

ALDINE ISD GRIEVANCE POLICY

FORMAL GRIEVANCE:

ll i d l b fil d i h h• All grievances and appeals must be filed with the Superintendent

• All grievances and appeals must be filed within 10-CALENDAR All grievances and appeals must be filed within 10 CALENDAR days. If the deadline to file falls on a weekend day or holiday, the deadline is considered to be the next day.

G i b fil d “ ll ” “ itt ” O l i • Grievances may be filed “orally” or “written.” Oral grievances provide for a grievance hearing while written grievances will only receive a written response.

• We always suggest filing to request an “oral” grievance

ALDINE ISD GRIEVANCE POLICY

LEVELS 1 - 3:

i h h i ill b l• LEVEL 1: Notice must state whether presentation will be oral or written. Within 10 days of filing, Superintendent will designate a person to respond to the grievant. Designee will also respond within 10 days following the grievance meeting.also respond within 10 days following the grievance meeting.

•LEVEL 2: If grievant is not satisfied with the response, appeal must be filed within 10 days to the Superintendent. S i t d t ill th t ith th i t d d Superintendent will then meet with the grievant and respond within 10 days.

•LEVEL 3: If not satisfied, file an appeal with the Board of , ppTrustees within 10 days, and a presentation to the board will take place at their next meeting.

ALDINE ISD GRIEVANCE POLICY

If you do not choose to enforce your rights, then who will? Be the “King of the Forest,” and g ,have the courage to stand up for yourself.

Contracts

CONTRACT TYPES

Probationary ContractsProbationary Contracts

Term ContractsTerm Contracts

Continuing ContractsContinuing Contracts

Contracts:Ch N t S h l Changes Next School Year (Senate Bill 8)Year (Senate Bill 8)

WHEN DO CHANGES TAKE EFFECT?

• We say not until the 2012-13 school year

• Laws that exist at the time the contract was made form part of the contractp

• Also, District may not make material Also, District may not make material changes to contract after teacher loses the right to resign

CHANGES AFFECTING NON-RENEAL NOTICESNOTICES

• Notice of non-renewal must be provided 10-pCalendar Days, no longer 45-days, prior to the last day of instruction

• New deadline applies regardless of reason for non-renewal

• If District misses deadline, teacher is automatically renewed

NON-RENEWAL HEARINGS

• Districts over 5,000 students

• School boards no longer have to conduct non-renewal hearingsg

• Districts may designate a neutral attorney to Districts may designate a neutral attorney to conduct hearing, make the record, and make recommendation

NON-RENEWAL HEARINGS

• Attorney conducts hearing per usual proceduresp

• Board only hears argumenty g

• Board may still opt to use independent Board may still opt to use independent hearing examiner process

CHANGES APPLICABLE IN A REDUCTION IN FORCE CONTEXTIN FORCE CONTEXT

• Relaxed hearing requirements for any RIF related termination or non-renewal

• No more Independent Hearing Examiner (IHE) for RIF’s

• Probationary, Term, and Continuing contract teachers get non-renewal type hearings

CHANGES IN APPLICABLE IN A REDUCTION IN FORCE CONTEXTREDUCTION IN FORCE CONTEXT

• Board may conduct hearingy g

• District over 5000 students, Board may use District over 5000 students, Board may use neutral attorney to conduct

• Board may choose to use an Independent Hearing Examiner (IHE)g

CHANGES IN APPLICABLE IN A REDUCTION IN FORCE CONTEXTREDUCTION IN FORCE CONTEXT

• No formal discoveryy

• Still have right to information necessary to Still have right to information necessary to challenge proposed action

• Less expense to District and less leverage for employee

CONTINUING CONTRACT RIF’S

• Alteration of criteria to be used in conducting RIF at the end of the school year

• No more “reductions made in reverse order of seniority in the specific teaching fields”seniority in the specific teaching fields

• Instead, reductions must be “primarily based upon , p y pteacher appraisals administered under Section 21.352 in the specific teaching fields and other criteria as determined by the board”criteria as determined by the board

SUSPENSIONS PENDING DISCHARGE

• Applies to all types of contractspp yp

• District may suspend a teacher without pay District may suspend a teacher without pay for good cause, not just in lieu of discharge, but no also, pending discharge

• BUT, teacher is still entitled to IHE

CHANGES TO IHE PROVISIONS

• Very significant expansion of school board’s right to alter IHE’s proposal for decision

R th th b i fi di f f t h th th i • Rather than being a finding of fact, whether there is “good cause” to suspend or terminate a teacher is a conclusion of law, not a finding of fact

• Board may “adopt, reject, or change the IHE’s l i f l ”conclusions of law”

OTHER SB 8 CHANGES

• Repeals salary floor for all employees that p y p yprevents rollback of state pay raises

• Authorizes districts to impose unpaid furloughs up to 6 days

• Neither pay reductions or furloughs can be gimposes without a public hearing

OUR TIME TO BUILD A STRONG LOCAL VOICE IS NOW

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