Know Your Rights

Feb 6, 2007 10:44 AM

Child Abuse

If you have a reasonable suspicion that a student has been abused, maltreated or neglected, you are required by law to file a report with the State Central Register personally by calling 1-800-635-1522. Your job is to report the suspicion, not to investigate it. All reports made to the SCR should include the name, title and contact information for every staff person in the school who is believed to have direct knowledge of the allegations contained in the report. Afterward, you must immediately notify the principal or the principal's designee and provide the Caller I.D. number provided by the SCR. If your suspicion of abuse involves a special education student, you should inform the principal and Central Register of the child’s handicapping condition.

If you suspect child abuse and fail to report it, you may be subject to disciplinary action by the DOE, as well as be civilly or even criminally liable for any injury to the child. At the same time, if you report and you are wrong, you will be protected from any adverse disciplinary or legal action.

As part of state certification requirements, you must take a two-hour course in child abuse recognition and reporting procedures. The UFT regularly offers this low-cost course, which is listed in the New York Teacher educational supplement that’s mailed to your home in August, January and June. You can also find the listings online at www.ufttc.org — click on Conferences.

Circular 6R

(Professional Menu), see Compensatory Time Positions, Professional Activity Options, Professional Activity Procedures, School-Based Options.

Class Coverages

When a teacher is absent, the principal should always attempt to cover that class, preferably with a substitute teacher. When a substitute is not available, the principal should first ask for volunteers and, if that doesn’t work, can assign you to provide coverage. As a last resort, the principal can break up the class and spread its students among similar classes.

In elementary schools, the practice of breaking up classes is strongly discouraged; if this is a common occurrence in your school, you should notify your chapter leader and district representative immediately. Except in an emergency, your preparation period should not be lost to an involuntary class coverage. Principals should always seek volunteers before assigning someone involuntarily to cover a class.

If you teach in a secondary school, you can be assigned a class coverage on your preparation or professional period. Just as in the elementary schools, principals should seek volunteers before assigning someone involuntarily.

Regardless of whether you teach in an elementary or secondary school, all class coverages should be assigned on a rotating basis among those available. You don’t get paid for your first class coverage per term, but you will be paid for each additional coverage —whether assigned voluntarily or involuntarily — at the contractual rate of pay.

Class Size

Keeping class sizes within proper limits is not just a professional right to enable you to do your job better; it’s also an educational benefit for students who can receive more individual attention. Contractual class-size limits vary with the school level, type of class and other factors. Within the first few days of each school year or term, check with your chapter leader to find out if your classes exceed the appropriate class-size maximums. If they exceed those limits, have him or her file a grievance for you. This should be done even if the principal says there is neither the space nor the budget allotment to create smaller and/or more classes.

In addition to contractual limits, the state Legislature and City Council have provided funding annually to reduce class sizes in grades 1, 2 and 3 to levels below the contractual limits. Report your early-grade class size to your chapter leader so the UFT can enforce those caps. The UFT is also working with parent and community groups to further lower class size by law.

Class size and staffing ratios for students with disabilities are determined by the student’s Individualized Education Program (IEP) and state education law. Call your borough office if you believe your special education class is oversized.

Classroom Observations

Supervisors are required to observe all teachers during classroom instruction periods and to write a report with an “S” (satisfactory) or “U” (unsatisfactory) rating for each observation. The number of times you’ll be observed varies according to your situation:

• New (probationary) teachers are generally observed a minimum of two full periods a year, though they may be observed more often. Some administrators have increased the minimum to six.
• Tenured teachers in elementary and junior high/middle schools are generally observed a minimum of one full period per year. Some administrators have increased that to two.
• Tenured high school teachers are generally observed a minimum of two full periods per year by an assistant principal and one full period by the principal.

The principal should tell you in advance that he or she will be formally observing you on a particular day. Ask for both pre- and post-observation conferences, in writing if necessary. Use the pre-observation conference to clarify what your supervisor expects to see during the visit. He or she may ask you for a lesson plan. Following the observation, you should write down your recollections of the lesson, which will help you at the post-observation conference with your supervisor.

At the post-observation conference, your supervisor will discuss what he or she has seen and give you a written report of the observation. If you believe the report is inaccurate or unfair, you should speak to your chapter leader who can help you formulate a written response and advise you of the other options open to you. Your response must be attached to the original report and placed with the original in your file.

If the observation is rated “unsatisfactory,” you should speak to your chapter leader, who can explain the various contractual responses available to you. If there are concerns about your professional skills, you can seek assistance from your mentor; your school’s lead teacher (if one exists) or the literacy or math coach, the Peer Intervention Program or the Teacher Center. In any case, if the observation report is not used in any disciplinary proceeding for three years, you have the right to remove it permanently from your file.

Principals have always had the right to make unannounced visits to your classroom, to ask to see your lesson plan, and to write up what they observe. If you think you are being singled out (e.g., observed more than other staff) you should keep a log of the visits and speak to your chapter leader.

Also see Professional Conciliation, Ratings, Letter in File, Official School File.

Cluster Teachers

This term refers to teachers in elementary schools who are not assigned to the same group of students for the entire day; they usually teach classes in music, art, science, physical education or any other subjects that the chapter committee and the principal have agreed meet the needs of your school. Each position must be posted annually, with an application deadline. When there are two or more equally qualified applicants for the same position, the most senior applicant in the school is selected.

Cluster teachers teach a minimum of 20 periods per week. A teacher of library cannot be programmed for more than 20 periods per week. Cluster teachers, like all other elementary school teachers, must be programmed for a daily preparation period and a duty-free lunch period.

Coaches (Literacy and Math)

Many schools have a professional development team that at a minimum includes a literacy coach and a math coach. These coaches are colleagues, deemed to have classroom expertise, who are eager to share their knowledge. They show teachers how to construct standards-based lessons and assessments that will prepare students for standardized tests, help problem-solve instructional issues and do demonstration lessons.

Math and literacy coach positions are renewed annually. Coaches can reapply for the following year if they wish to continue. For more information, call your UFT borough office or the UFT Teacher Center.

Compensatory Time Positions

Schools often have “compensatory time positions,” which are non-teaching assignments like lunchroom supervisor, dean, programmer or grade adviser. These assignments are done in lieu of teaching periods and, in effect, reduce the amount of time you spend teaching.

The principal and chapter committee collaboratively determine the compensatory time positions at your school. The chapter committee and the principal must meet and agree upon the qualifications for each position and then the UFT members at your school must ratify them through a school-based option vote.

After that, all the positions should be publicly posted in your school. Anyone wanting a specific position should apply by the deadline on the posting. Each position should include the length of the term (in years) that the position will exist. If two or more applicants are equally qualified, the most senior in the school should be given the position. However, priority will be given to the qualified applicant who has never previously held a compensatory time position.

While the principal may create one compensatory time position of lunchroom coordinator for each lunch period and (in secondary schools) one or two deans (depending on the school’s enrollment), it takes the agreement of the school chapter to create more than the allowed position(s). Speak to your chapter leader to determine which compensatory time positions require chapter approval.

Conciliation,see Professional Conciliation

Conferences

Faculty and grade/department conferences are limited to one a month, unless there is an emergency. These meetings cannot exceed 40 minutes. For faculty conferences, principals must set the agenda for each meeting in consultation with the UFT chapter committee.

As the result of an arbitration won by the UFT, faculty conferences must be scheduled on Monday. In single-session schools, they must be held between 8 a.m. and 3:45 p.m. School conferences held in September and June are always held during regular school hours.

Consultation

Your principal is required to meet with your UFT chapter committee once a month on matters of school policy — and the chapter committee sets the agenda. The principal also must consult with the chapter leader on the school budget and staffing, compensatory time positions and qualifications, the school safety plan, the menu of professional activities and the faculty conference agenda. In addition, if there is a systemic school concern you want addressed, speak to your chapter leader about raising it during a consultation meeting.

Corporal Punishment

City laws and Chancellor’s Regulation A-420 prohibit the use of physical force against students. While corporal punishment rarely occurs, some staff have been charged with that offense for having physical contact with a student, such as when breaking up a fight. In general, you should attempt to defuse a student altercation by using verbal, rather than physical, means. However, you may use physical force in self-defense or to protect a person or school property. If you are accused of corporal punishment, speak with your chapter leader immediately and ask for union help.

Supervisors are required to immediately report all allegations of corporal punishment to the DOE. In most instances, they will be instructed to investigate the allegation. We strongly recommend that you do not speak to the principal and/or any investigator without a union representative present, even if the allegation is false. If the allegation is sustained, you could be terminated or reassigned to another school or site. Starting in the 2007-08 school year, if allegations of corporal punishment are found to be unsubstantiated, all references to the allegations will be removed from your file.

Also see Disciplinary Actions, False Accusations, Verbal Abuse.

Counseling Memos

On occasion, a principal may write you a memorandum to make you aware of a specific rule, regulation, policy, procedure or school practice. The memo cannot include any disciplinary action or threat of disciplinary action. It must be labeled “Counseling Memo” at the top and in bold letters. It cannot refer to any incident more than four months earlier than the date of the memo. It also must be given to you within one month of the latest incident it mentions. The counseling memo cannot be used in any evaluation of you (yearly rating or per-session rating) and must be removed from your file three years after the latest incident stated in the memo.

Court Appearances

If you are summoned to court as a result of a legal action stemming from the performance of your duties, the DOE’s Office of Legal Services (1-212-374-6888) will represent you. You should notify your chapter leader and district representative as soon as you are informed that you are to report to court. If you were assaulted in school and press charges, your days in court are treated as nonattendance days with pay. When notified, the UFT Victim Support Program (1-212-598-6853) will send a representative to accompany you to the court hearing.

Also see Legal Assistance.

Cumulative Absence Reserve (CAR)

This is the formal name for your “sick bank.” You are credited with one day of “sick leave” on the 16th of each month of the school year, or 10 days for a full school year of work. If you are regularly appointed, you can accumulate up to 200 days of sick leave during your career.

When you leave service with the DOE, you will be reimbursed for up to one-half of your unused days at the rate of 1/200th of your then-current yearly salary per reimbursed day. You will be paid in three equal installments, payable at two months, 14 months and 26 months following the date of resignation, retirement or termination. Speak to your payroll secretary about the forms you must file to receive this money.

If you have exhausted all the days in your CAR and are ill, you may request to borrow a maximum of 20 additional sick days and your request will automatically be granted. If you fail to pay these back by the time you retire or resign, the DOE can deduct a sum of money from your termination pay to cover that cost. Ask your payroll secretary about the various ways you can pay back this time.

Also see Excessive Absences/Lateness, Leaves of Absence, Sabbaticals.