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TEACHER
RIGHTS under the
LAW
LAW
The =
Law
Itself
Indiana Code – The Law
Title Article Chapter Section
20 -
1 - 1
- 1.2
www.state.in.us/legislative/ic/code/
Indiana Code – The Law
Designation of a bill when
signed into law.
For example:
P.L. 217 - Bargaining Act
P.L. 221 - School Improvement Act
P.L=
. 217 -
what’s P.L.?
Indiana Code – The Law
üCertificated
Educational Employees Bargaining Act (PL 217)
=
ü=
Indiana
Tort Claims Act
ü=
School
Finance, Labor and Industrial Safety, Civil Rights, Ch=
ild
Abuse, School Related Criminal Offenses
=
ü=
Student
Due Process Code
=
ü=
Access
to Public Records Act
IMPORTANT
Almost all legal r=
ights can be
and often are modified by locally
negotiated contract agreements
and often are modified by locally
negotiated contract agreements
therefore...
Almost all legal r=
ights can be
and often are modified by locally
negotiated contract agreements
and often are modified by locally
negotiated contract agreements
It’s very im=
portant
to not only join but be active in the local affiliate of the NEA or AFT.=
therefore...
Indiana Code – The Law
üCertificated
Educational Employees Bargaining Act (PL 217)
=
ü=
Indiana
Tort Claims Act
ü=
School
Finance, Labor and Industrial Safety, Civil Rights, Ch=
ild
Abuse, School Related Criminal Offenses
=
ü=
Student
Due Process Code
=
ü=
Access
to Public Records Act
Teac=
her
Employment
Teacher Employment Contracts
üTypes of Contracts
üTeacher Status
=
–Substitute
=
–Supplemental
=
–Temporary
=
–Nonpermanent
&=
#8211;Semi-permanent
=
–Permanent
no=
formal
contract
sp=
ecial
circumstances/services
lo=
nger-term
absence of teacher
ye=
ars 1 and
2
ye=
ars 3
through 5
ye=
ar 6 on
(tenured)
Types of Employment Contracts
üSubstitute
=
–Used
to fill the short absence of a teacher
=
–No
formal written contract required
=
–Day-to-day
basis
=
–H.S.
Diploma required
&#=
8211;Regular
salary schedule applies after 14 continuous days of
employment
Types of Employment Contracts
üSupplemental Service
&#=
8211;Used
for providing ‘professional’ services during
evening school or summer school
=
–Regular
salary schedule applies
If longer than <=
/span>119 days many right=
s of
regular
teaching contrac=
t apply
Types of Employment Contracts
üTemporary
&=
#8211;Used
to fill temporary absence of teacher
=
211;Must
state the teacher’s name being replaced
–Must
show the expiration date (may not extend past the end of t=
he
school year)
&=
#8211;Regular
teacher salary applies.
Do not expect a
temporary contract to be renewed
Types of Employment Contracts
üRegular
&#=
8211;Used
for non-permanent, semi-permanent, and permanent teachers&#=
13;
&=
#8211;Renewal
differs by teacher’s status
–Will
state salary amount and payment method
–Will
include all applicable extra-curricular positions and the amount =
to be
paid.
<=
/div>
Cont=
ract
Renewal
To
varying degrees,
a job is pro= perty!
a job is pro= perty!
The legal question is:
Do you have= the right to = expect to retain that = property?
Do you have= the right to = expect to retain that = property?
=
Answer:
It all depends!=
Convictions
ü=
Rape (victim less than 18 years)
ü=
Criminal deviant behavior (victim less than 18 yrs)
ü=
Child molesting
ü=
Child exploitation
ü=
Vicarious sexual gratification
=
ü=
Child solicitation
ü=
Incest (victim less than 18 years)<=
/div>
Contract Non-renewal Grounds
ü=
;Immorality
ü=
;Insubordination
ü<=
/span>Neglect of duty
ü=
Incompetence
ü=
Justifiable decrease in number of teaching positions
ü=
Convicted of certain crimes
ü=
Good and just cause
ü<=
/span>Cancellation is in the best interest of the corporation
These legal rights=
can be and often =
are<=
span
style=3D'font-size:183%;color:white;mso-color-index:3'> modified by local=
ly
negotiated contract agreements
Join and be an act=
ive
member of the local affiliate of the NEA or AFT.
here again...
Employment
Due Process<=
span
style=3D'mso-special-format:lastCR;display:none'>
Due Process Steps
=
ü=
Notified
on or before May 1st of non-<=
span
style=3D'position:absolute;top:50.0%;left:4.14%;width:92.53%;height:48.21=
%'>renewal
=
–written=
=
–hand de=
livered
or sent by accountable mail
=
–must be
supported by an evaluation done before January 1st
=
<=
span
style=3D'mso-special-format:bullet;color:#CC9900;mso-color-index:6;positi=
on:
absolute;left:-4.48%;top:.1em;font-family:Wingdings;font-size:90%'>ü=
Teacher
may request reasons
=
ü=
Conference
with Board or designee
=
ü=
Teacher
may request conference with Board
=
ü=
Stipulations
of the local Master Contract
Leav=
es of
Absence
Types of Absences
üSabbatical
üPregnancy
üSick Leave
üPersonal Leave
Defense
Service
Sick leave use
Teachers Contract
Insurance Premiums
Job Security and Service Credit
General Protections
üContinuation of
Employment
üStatus
üYears of Servi=
ce
accumulation
Teacher Employment Contracts
üTypes of Contracts
üTeacher Status
=
–Substitute
=
–Supplemental
=
–Temporary
=
–Nonpermanent
&=
#8211;Semi-permanent
=
–Permanent
(no formal contract)
(special circumstances/services)<=
/span>
(longer-term absence of teacher)<=
/span>
(years 1 and 2)
(years 3 through 5)
(year 6 on (tenured))
General Protections
=
ü=
Continuation
of Employment
=
ü=
Status
=
ü=
Years
of Service accumulation
=
=
üMaintenance of
insurance
üAllowance to u=
se
sick leave
üAppeal if forc=
ed to
use sick leave
üPartial award =
for
partial years.
Sick Leave Use
<=
span
style=3D'mso-special-format:bullet;color:#CC9900;mso-color-index:6;positi=
on:
absolute;left:-4.48%;top:.1em;font-family:Wingdings;font-size:90%'>ü=
Entitled
to
=
–Minimum=
of 10
days first year
=
–Minimum=
of 7
days subsequent years
=
–Accumul=
ate up to
the minimum of 90 days
=
–May tra=
nsfer 3
days per year
=
–May par=
ticipate
in Sick Leave Bank
<=
span
class=3DB1B style=3D'position:absolute;left:-3.21%'>–Use pro=
vide a
physician certifies that you are not capable of performing
normal teaching duties
Maternity
=
ü=
Entitled
to
<=
span
class=3DB1B style=3D'position:absolute;left:-3.19%'>–Start u=
pon
commencement of pregnancy and continue up to one year
after child is born
=
–Continu=
ed
enrollment in health insurance (usually
have to assume full premium cost)
=
–Sign ne=
xt
year’s contract prior to leave if leave will extend in=
to
following school year
Maternity
=
ü=
Verification - Doctors not=
e or
birth certificate
=
ü=
Notification - generally 3=
0 days
before start of leave
- should also include estimated termination date
=
ü=
Reinstatement - as if preg=
nancy
didn’t occur.
=
ü=
Prohibitions on employer:
=
–may not
terminate employment
=
–may not=
impose a
mandatory length of absence
Rule of thumb: =
ability
to do the job
These legal rights=
can be and often =
are<=
span
style=3D'font-size:183%;color:white;mso-color-index:3'> modified by local=
ly
negotiated contract agreements
Join and be an act=
ive
member of the local affiliate of the NEA or AFT.
here again...
Defense
üEntitled to
–Use
for active duty in military services or organizations supporting =
the
military
=
–Reinstatement
upon release from active duty
üMust
present yourself for reinstatement within 60 days of relea=
se
from active duty.
üState
recognition of part of time served for retirement credit.
Personal
üEntitled to at
least 2 days per year for personal business.
ü=
Must
state reasons unless Master Contract states otherwise.<=
/div>
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Resi=
gnation
Limits
=
ü=
During
School Year
üBeginning
of School Year*
üBetween end of=
last
academic term and beginning of next schoo=
l year**lNot
permitted
l21-d=
ays
notice
required = 3;
required = 3;
l30-d=
ays
notice
required
required
* Aug
15th
** Semi-permanent and Permanent only
** Semi-permanent and Permanent only
U=
nless:
It’s mutu=
ally
agreed upon.
IMPORTANT
Do
not resign with=
out
getting professional ad=
vice.
Indiana Code – The Law
üCertificated
Educational Employees Bargaining Act (PL 217)
=
ü=
Indiana
Tort Claims Act
ü=
School
Finance, Labor and Industrial Safety, Civil Rights, Ch=
ild
Abuse, School Related Criminal Offenses
=
ü=
Student
Due Process Code
=
ü=
Access
to Public Records Act
Liab=
ility
Issues
üInjury of student<=
/span>
–Accidents
–Administration of medical care
üAbuse
=
=
–Corporal
punishment
=
–Failure
to report suspected abuse
üMolestation=
When
is a teacher held l=
iable
for injury?
When negligence can
be proven.
be proven.
Negligence
lFailure to exercise=
the
degree of care for =
the
safety and wellbeing of others that
a reasonable and prudent person would
have exercised under similar circumstances.
Gross
negligence usually includes willful or
wanton disregard or misconduct.
Do
permission slips r=
elease
a teacher from l=
iability?
NO!! An individual may not waive his o=
r her
rights.
=
• Notify parents of curriculum chan=
ges that
increase the likelihood of injury
=
• Give parents reasonable time
to object to the child’s participation
to object to the child’s participation
• He=
ed their
objections!!
What if there a=
re
inherent dangers?
Medical Care
üAdministering medication
–May
not be required to do it if not a nurse or doctor.
–Permission
slip and appropriate medical training
üChild is sick or injured
&#=
8211;Never
treat a sick or injured child except to render first aid unless =
it is
a medical emergency
What
is a medical e=
mergency?
The decision to secure medical aid can not saf=
ely
await the parent’s decision.
What
to do if involved in a situation that might result in legal action against you?
Reporting Steps
=
ü=
File
a complete report with the principal.
=
ü=
Record
all details
ü=
Attach
statements from other teachers who may have witnessed t=
he
actionIf a member of the Associati=
on, notify your UniServ Director before submitting the report.
Indiana Code – The Law
üCertificated
Educational Employees Bargaining Act (PL 217)
=
ü=
Indiana
Tort Claims Act
ü=
School
Finance, Labor and Industrial Safety, Civil Rights, Ch=
ild
Abuse, School Related Criminal Offenses
=
ü=
Student
Due Process Code
=
ü=
Access
to Public Records Act
Chil=
d Abuse
Abuse
üA child in need of services
üSuspected abuse
=
–Must
be reported
–Protections
from civil or criminal liability for reporting suspected abuse=
&#=
8211;Failure to report is a Class B
misdemeanor punishable by up to 10 days in jail and/or
a= fine of up to $1,000
a= fine of up to $1,000
üCharged against teacher
Children in Need of Services
(inability/refusal/neglect)
Victim of sex offenses
=
Participation in obs=
cene performances
Sex offenses by child
Improper disruptive behavior
<=
/span>
Missing children
Fetal alcohol
syndrome - =
controlled
substances
Unreasonable corporal punishment
Reporting Basics
üTell your principal
üPrincipal
reports orally to Child Protective Services
=
–Be
present when principal places call
=
–Review
any written reports filed by the school
&#=
8211;Personally
telephone CPS to verify report has been filed
Remember: You are reporting SUSPECTED abuse
Charges Against Teacher
üCorporal punishment
üMolestation
üImmorality
Corporal Punishment
üFour basic elements that must be met:
–Teacher
must have the general authority to inflict corporal punishmen=
t on
the student.
=
–Student
must have violated a school rule.
&#=
8211;School
rule must be within the scope of the educational function.=
3;
–Punishment
must be proportional to the gravity of the offense.
=
Corporal Punishment
üWhen using corporal punishment
–Adhere
carefully to all written school guidelines and procedures
&#=
8211;Have
an adult (not another student) witness present
&=
#8211;Don’t
administer it in anger
–Consider
the size, age, maturity and physical condition of the student&=
#13;
–Avoid
any foreseeable lasting harm or severe pain
&=
#8211;Confine
it to the buttocks
Corporal Punishment
–Properly report it =
to the
Principal and parents
–Only administer it =
to
“effectuate school purposes” i.e. to enforce a sc=
hool discipline
policy
–Keep
a written report of facts surrounding the punishment (offense, m=
anner
of punishment, witness, etc.) for any potential civil
liability or for future disciplinary proceedings
BEST ADVICE: DON’T
USE CORPORAL PUNISHMENT
Charges Against Teacher
üMay
involve accusation of molestation or immorality
&#=
8211;Molestation
- sexual intercourse or touch seeking sexual
gratification
–Immorality
- any conduct unacceptable to the community
BEST ADVICE: “HANDS
OFF”
Protect Yourself
DON’T transport a student alone in your car
=
DON’T be alone with a student
DON’T meet with a student behind closed doors
DON’T grab a student
DON’T touch a student to get his/her attention&#=
13;
DON’T paddle a student without admin. approval&=
#13;
DON’T embrace or kiss a student
DON’=
T use any language or material that could be considered inappropriate or provocative
Student
Sexual Harrassment
Title IX
üProtects both =
male
and female students and staff members.
=
ü=
District
must appoint a person to oversee all Title IX compliance
=
ü=
Requires
schools to have a written policy to handle sexual harass=
ment
(student and staff) including quid
pro quo and hostile
environment actions.
Quid Pro Quo
üActions that
implicitly or explicitly condition a student’s
participation in an education program or school activi=
ty,
or
üBase
an educational decision (such as a grade)...
=
lon t=
he
student’s submission to unwelcome sexual conduct.
Hostile Environment
üConduct of sex=
ual
nature
Conduct
that is sexual in nature...
=
ü=
Sexual
advances
=
ü=
Sexual
touching
=
ü=
Sexual
graffiti
üDisplaying
or distributing sexually explicit drawings, pictures, and
written materials
=
ü=
Sexual
gestures
=
ü=
Sexual
or ‘dirty’ jokes
Conduct
that is sexual in nature…
=
ü=
Requests
for sexual favors
ü=
Touching
oneself sexually or talking about one’s sexual activity =
in
front of others
üSpreading rumo=
rs
about or rating other students as to sexual activity or =
performance(Continued)=
Hostile Environment
=
ü=
Conduct
of sexual nature
=
What should you do if a student reports <=
/span>that he or she has been sexually <=
span
style=3D'position:absolute;top:67.85%;left:0%;width:84.03%;height:32.14%'=
>harassed?
=
üSufficiently
severe, persistent, or pervasive
üUnwelcome
Reporting Sexual =
Harrassment
üListen to what the =
student
tells you (don’t judge the truth of the studentR=
17;s allegations)
ü=
Assure the student =
that
school takes sexual harassment complaints seriously
=
ü=
Explain the process=
for
filing a complaint
ü=
Report the facts to=
the
Title IX Coordinator immediatelyDocument what student said and your observations of the student’s demeanor.
Indiana Code – The Law
üCertificated
Educational Employees Bargaining Act (PL 217)
=
ü=
Indiana
Tort Claims Act
ü=
School
Finance, Labor and Industrial Safety, Civil Rights, Ch=
ild
Abuse, School Related Criminal Offenses
=
ü=
Student
Due Process Code
=
ü=
Access
to Public Records Act
Preventing
Student Disruption and
Violence
Who’s in charge?
Teachers shall =
take
any action reasonable necessary to carry out or prevent interfe=
rence
with an educational function under their supervision.
At Teachers Disposal
=
ü=
Corporal punishment - if permitted by the District
=
ü=
Exclusion from class
<=
/span>
=
–up to 1=
day for
elementary students
=
–up to 5=
class
periods for secondary students
to insure safe, orderly
and effective education
environment.=
environment.=
Must be in Board’s written policy
At District’s Disposal
=
ü=
Suspension
<=
span
class=3DB1B style=3D'position:absolute;left:-3.2%'>–up to 10 days
(requires meeting with principal to
=
Øconvey
charges
=
Øprovide summ=
ary
of evidence
=
Øgrant opport=
unity
for student to explain)
<=
span
style=3D'mso-special-format:bullet;color:#CC9900;mso-color-index:6;positi=
on:
absolute;left:-3.94%;top:.1em;font-family:Wingdings;font-size:90%'>ü=
Expulsion (except firearms/deadly weapons)
=
–up to <=
u>2
semesters (requires meeting with Superintendent or his/h=
er
representative to present evidence and arguments take action)
These legal rights=
can be and often =
are<=
span
style=3D'font-size:183%;color:white;mso-color-index:3'> modified by local=
ly
negotiated contract agreements
Join and be an act=
ive
member of the local affiliate of the NEA or AFT.
here again...
Removal
and Suspension
General Grounds
=
ü=
Student
misconduct
=
ü=
Substantial
disobedience
=
ü=
Certain
unlawful activities
=
–In and =
out of
school
=
ü=
Identified
as bringing or possessing a firearm or deadly weapon
Definitions
üFirearm - any weapon that =
is
capable of or designed to or that may readily be converted =
to
expel a projectile by means of an explosion
üDeadly
weapon - any weapon, device, taser, electronic stun weapon,
equipment, chemical substance, or other material that in=
the
manner it is used, or could ordinarily be used, or is intended to=
be
used, is readily capable of causing serious bodily injury.
Record Keeping
=
ü=
Reason
=
–to supp=
ort
subsequent actions
=
–to assi=
st with
counseling and other positive assistance efforts
=
=
ü=
What to include
=
–Date, t=
ime,
circumstances, effect on behavior of class or school, impact=
on
educational environment and objectives
Additional Disciplinary =
Methods
üCounseling or conferences
üAdditional homework
üRearranged class schedules
üAfter-school work
üExtracurricular restrictions
=
=
ü=
Alternate educational programs=
3;
=
ü=
Loss of transportation privileges=
=
ü=
Referral to juvenile court=
Sus=
pension
of driver’s
license.
license.
The
Biggie!!!
Grounds
üHabitual
truancy
üSecond suspens=
ion
in the current school year
üExpelled
<=
/span>
=
ü=
Withdrew
to avoid expulsion or second suspension
=
BMV activates suspension up=
on
notice from principal
Length
üUntil student =
turns
18
ü120 days after
suspension
üEnd of semester
after student returns to school
=
ü=
Suspension
or expulsion is reversed
Sear=
ch and
Seizure
Basic Rules
üMust be justified at inception
–Reason=
able
grounds to suspect will reveal evidence of violation of=
law
or rules
=
Never do mass searches or s=
trip
searches
=
ü=
Scope
must reasonably relate to object of search
=
ü=
May
not be excessively intrusive
=
–In ligh=
t of
nature of suspected violation and age and sex of student
How
about lockers?
Do students h= ave an expectation of pri= vacy?
Do students h= ave an expectation of pri= vacy?
No! Provided the Board has a written =
policy to suppo=
rt
searches and it has been distributed to all students.
Dealing
with Student Viol=
ence
Suggested Guidelines
1.Kno=
w and
follow the District’s and School’s rules
2.Nev=
er use
force to punish
3.Foc=
us on
restraint
4.Don=
’t
be heroic
5.Document actions (date, time, pl=
ace,
list of injuries,
list of witnesses, action taken, reason for action, etc.)
=
l
Keep for personal records
6.Verbally inform Principal
=
7.If injured, file a Worker̵=
7;s
Compensation claim.
Workers Compensation
<=
span
style=3D'mso-special-format:bullet;color:#CC9900;mso-color-index:6;positi=
on:
absolute;left:-4.71%;top:.1em;font-family:Wingdings;font-size:90%'>ü=
Eligible
immediately after injured
üCost
of physician and treatment paid by employer (worker
compensation policy)
üMust notify employer wi=
thin
30 days of injury.
(Check local policy directives)
=
ü=
Maximum
filing period for treatment (2 years)
=
ü=
Sick
leave? (Law
is silent on this)
These legal rights=
can be and often =
are<=
span
style=3D'font-size:183%;color:white;mso-color-index:3'> modified by local=
ly
negotiated contract agreements
Join and be an act=
ive
member of the local affiliate of the NEA or AFT.
here again...
Possible Remedies If Harmed
1.<=
/span>Juvenile court system
2.Cri=
me
victim assistance programs administered by the Indiana Family Protection Bureau
3.<=
/span>Sue violent students and their parents in civil <=
/span>court for the student’s willful or reckless
actions
Parents are liable -
-<=
span
style=3D'mso-spacerun:yes'> up to $5,000 for a child’s
willful destruction of property or willful infliction of personal injury - over $5,000 if they had prior knowledge of a
child’s danger= ous propensity and negligently failed
to control it. This is hard to prove.=
Indiana Code – The Law
üCertificated
Educational Employees Bargaining Act (PL 217)
=
ü=
Indiana
Tort Claims Act
ü=
School
Finance, Labor and Industrial Safety, Civil Rights, Ch=
ild
Abuse, School Related Criminal Offenses
=
ü=
Student
Due Process Code
=
ü=
Access
to Public Records Act
Since
school districts are governmental
agencies, c=
itizens
have a right to i=
nspect
and copy public r=
ecords.
Exceptions
=
ü=
Confidential
=
ü=
Contain
trade secrets
üGrade
transcripts and license exam scores
=
ü=
Medical
records
=
ü=
Test
scores
<=
span
style=3D'mso-special-format:bullet;color:#CC9900;mso-color-index:6;positi=
on:
absolute;left:-4.04%;top:.1em;font-family:Wingdings;font-size:90%'>ü=
Minutes
of executive sessions of Board
=
ü=
Certain
documents in personnel files
Information from Personne=
l Files
üThe
following information may be released:
–Name,
compensation amount, job title, business address, business
telephone number, job description, educational and training
background, previous work experience, dates of employment.=
3;
=
–Status
of formal charges
&#=
8211;Disciplinary
actions (final) taken that resulted in employee being discip=
lined
or discharged
Injustice anywhere is=
a
threat
to justice everywhere.
--Dr. Martin Lut= her King Jr. Letter from Birmingham Jail' in Why We Can't Wait, 1963
to justice everywhere.
--Dr. Martin Lut= her King Jr. Letter from Birmingham Jail' in Why We Can't Wait, 1963
‹header›
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›
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Second level
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Fourth level
Fifth level
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