Know Your Rights
Feb 6, 2007 10:44 AM
Ratings
If you have worked for 20 days or more, you will receive a rating from your principal within the last 10 days of the school year, but not less than four days before the end of the school year. It will either be Satisfactory (“S”), Unsatisfactory (“U”), Doubtful (“D”) or Not Applicable (“N/A”). If you are a probationer, the “U” rating could lead to discontinuance of your probationary period. Since there are ramifications to a “U” rating, you should immediately contact your borough office for assistance. Specialists there will help you file an appeal of your adverse rating and explain the various options available.
Also see Classroom Observations.
Redesigned Schools
Very often the DOE decides to redesign a low-performing school to improve student performance. When that happens, the DOE must follow strict guidelines in staffing the new school. A personnel committee must be established to interview prospective staff. In the first year of redesign, at least 50 percent of the former school’s staff must be placed in the new school, provided they wish to serve there. They are the most senior members who are appropriately licensed and who meet the qualifications for the positions. Speak to your chapter leader, who can help you through this transitional period.
Also see Excessing.
Religious Observance
Rotation
In order to assure fairness, our contract requires that classes, sessions and annex assignments be rotated among those who are qualified. This assures that if you are qualified, you will have an opportunity to get an assignment you want within a reasonable period of time.
Sabbaticals
Sabbaticals are available if you want to study to enhance your teaching skills or if you are ill and need to restore your health. For study sabbaticals, coursework must be rigorous and applicable to your teaching assignment. If your Local Instructional Supervisor (LIS) does not approve your proposed course of study, you must be given the right to amend it. All sabbaticals for restoration of health must be approved by the medical director. If your application is denied, you may go to Medical Arbitration.
All teachers are eligible for one-year sabbaticals of either type after 14 years of regularly appointed service; after seven years of regularly appointed service, all teachers are eligible for a one- to six-month sabbatical leave for restoration of health. In junior high and high schools, you also can apply for a six-month study sabbatical for the spring semester only. Before retiring or leaving service, you are required to return to your post for one year after a six-month sabbatical and for two years after a one-year sabbatical. Other rules apply, as well. UFT borough offices hold sabbatical workshops in the fall and spring to guide prospective applicants.
Also see Leaves of Absence, Medical Arbitration.
Salary
All teacher salary schedules can be found in the contract or on the UFT Web site (www.uft.org/member/contracts/teachers_contract/appendixa/index.html). Check that you have been given credit for all the educational credits you’ve earned and all the experience you have. Note that you may be able to get salary credit for teaching experience elsewhere or other relevant experience. However, longevities apply only to service in NYC public schools. You may be able to increase your salary by taking courses through the UFT Teacher Center. Watch for the catalog in the New York Teacher, or call
1-212-475-3737.
If you have any questions regarding your salary step, differentials or longevity payments, you should ask your payroll secretary to assist you. If you believe you are being improperly paid, you should call a salary representative in your UFT borough office. If necessary, a salary grievance will be filed on your behalf.
Teachers are paid twice a month, on the first and 16th, by check at your school or direct deposit. Starting in September 2007, all newly hired employees shall be paid through direct deposit. If when you start working there is a delay in placing you on the payroll, you can apply for an emergency check for each missed pay period to tide you over. You may also be able to collect interest on delayed paychecks or raises for which you have made proper application. Talk to your payroll secretary.
Also see Summer Pay.
SAVE (Safe Schools Against Violence in Education), see Disruptive Children.
School-Based Options (SBO)
In order to provide a voice for school staff and flexibility in the contract, when staff, the school UFT chapter and the principal believe it will improve their school, they can agree to modify a specific clause of the contract regarding class size, rotation of assignments, rotation of coverage, teacher schedules, etc. However, there must be a vote of the chapter to permit the modification and 55 percent of those voting must be in favor. Votes are also required on all compensatory time positions and administrative assignments agreed to between the chapter committee and your principal (see Circular 6R). Your chapter leader can explain the procedures to be followed if your chapter wants to do such an SBO.
School Budget
Before the end of June and by the opening of school in September, your chapter committee should meet with your principal to discuss and have input into the school’s budget. This contractual provision also requires the principal to share school budgetary information with the faculty. The union can help faculties understand their school budgets so that good decisions can be made on how best to allocate the money for the needs of your school.
School Day see Length of School Day.
School Safety
Safety is a basic prerequisite of quality education. To ensure a safe environment, principals — in consultation with the UFT chapter — are required to develop and annually update two documents: a safety plan (routine procedures for ensuring school safety) and a crisis response plan (emergency procedures for major school disasters). These plans should complement each other and, if necessary, be modified during the school year to meet the needs of your school.
Your chapter leader is required to sign off on the school safety plan. If modifications to the safety plan are made during the school year, the chapter leader must sign off on them, too. Your principal is required to hold a meeting of the school safety committee each month. Violations of the safety plan are grievable, and your chapter leader can file the grievance for you.
If you believe your school is not safe for students or staff, ask your chapter leader to contact the UFT’s Safety and Health Committee. A trained expert can visit your school to assess security and help you develop a safety plan.
Your principal also is required to report all incidents involving staff to the Division of School Safety (1-718-730-8800) and the Office of Legal Services (1-212-374-6888). If a crime has been committed, your principal must report it to the police.
For more information regarding school safety, including tips you can use to ensure your personal safety in school, go online to www. uft.org — click on Member Services and then Publications to read “Security in the Schools.”
Also see Assaults.
School Year, see Length of School Year.
Shortage License Areas
Each school year, the DOE determines the license areas where there is a citywide shortage of teachers. If your school has a vacancy in one of those license areas, and you possess that particular license and have at least three years of experience, you may volunteer to teach up to five additional periods per week in lieu of your preparation period for additional pay (which is also pensionable). If the DOE gives its written approval, you must be paid at the contractual rate of pay for a shortage area, which is found in Article 7-O of our contract. If you teach an additional class, you are exempt from selecting a professional activity on your professional period.
Special Education Referrals
As a teacher, you are in the unique position to recognize when one of your students may need special education services. While you always should use discretion in referring students to be evaluated for special education services, you should not be pressured to not make needed referrals. The DOE cannot take any action against you if you exercise your professional responsibilities and identify students who have or are suspected of having disabilities.
Storm Day Procedures
In the event of a major storm, the chancellor will determine whether to open, close or delay the opening of school. Normally, in these situations, the union will try to convince the chancellor to do what is safe. The school system is too often concerned with its custodial function, which is why it rarely closes schools.
You should listen to the radio and TV for the most up-to-date information. You also should call the UFT Hotline (1-212-777-0190) for the most accurate information on any affected union activities.
Summer Pay
On the last day of school teachers receive five checks, or check stubs for direct deposit, dated the first and 16th of the summer months.
Also see Salary.
Summons
If you are summoned for an interview for the record that may lead to disciplinary action, you are entitled to be accompanied to the hearing by a union representative (or a representative employed by the school system). An interview that is not held in accordance with these procedures cannot be made part of your personnel or school file, and any statements you make at such an interview cannot be used against you in any DOE proceeding.
Regardless of which office has summoned you to appear, you should not answer any questions without representation. If you are summoned to either the principal’s office or the district superintendent’s office, you should immediately ask your chapter leader and UFT district representative for assistance. If you are summoned to the DOE’s Office of Appeals and Review or the Office of Special Investigations, your UFT borough office will provide a representative to attend the hearing with you. If you are summoned by the Special Commissioner of Investigations, you should not answer any questions unless you are accompanied by an attorney, which your UFT borough office will help arrange for you. The allegations investigated there involve criminal activity, financial fraud and other serious matters.
See also Disciplinary Actions.
Supplies
It is your principal’s obligation to provide basic instructional supplies and books (including textbooks, paper, chalk, microscopes, manipulatives, etc.) so you can provide an effective educational program to your students. If the principal does not do so, the chapter committee should raise the issue with him or her at the monthly consultation meeting. At the same time, your chapter leader should notify your district representative to see if he or she can resolve the matter. If necessary, the union will forward the dispute to the chancellor for resolution.
See also Teacher’s Choice.
