Know Your Rights

Feb 6, 2007 10:44 AM

Teacher Facilities

You are entitled to have adequate supplies in the teacher washrooms in your school (toilet paper, paper towels, soap, etc.). Your school must also make available to all teachers a pay telephone for their personal use. If your school does not have continuous cafeteria service, you should have your chapter leader request in writing a beverage vending machine for your school.

Teacher Files, see Official School File.

Teacher Programs

Elementary Schools. Most schools are programmed for either seven or eight periods per day. In seven-period schools, you are scheduled for a daily duty-free lunch period and five preparation periods per week. In eight-period schools, in addition to the daily duty-free lunch period and preparation period, you receive one professional period per week. Schools may use an SBO to change the number of periods in a day but principals cannot do so unilaterally. If you believe you have been given an incorrect assignment, speak to your chapter leader immediately about filing a grievance.

JHS/IS/MS Schools. You should receive your teaching program no later than five school days before the end of the school year. Your teaching program must consist of a maximum of 25 teaching periods, five preparation periods, five professional periods and five duty-free lunch periods per week. In Title I schools, senior staff members who qualify must be programmed for 22 teaching periods, eight preparation periods, five professional periods and five duty-free lunch periods. If you think you qualify for the additional preparation periods, you should check with your chapter leader. Your chapter leader also can help you file a grievance if your teaching program does not follow contractual guidelines (e.g., more than three teaching periods in a row, four working assignments in a row, etc.)

High Schools. You should receive your teaching program no later than the end of school on the next to last day of the term. Your teaching program must contain a maximum of 25 teaching periods, five preparation periods, five professional periods and five duty-free lunch periods. However, if you have a reduced teaching program (e.g., a compensatory-time position), you receive one preparation period for every five periods you teach. Speak to your chapter leader to file a grievance if your teaching program does not follow contractual guidelines (e.g., more than three teaching periods in a row, four working assignments in a row, etc.).

Also see Professional Activity Options, Professional Activity Procedures.

Teacher’s Choice

As a result of UFT advocacy, the City Council created a program called Teacher’s Choice, and allocates money each year so that teachers can buy a wide range of instructional materials and supplies for their classes (beyond the basic books and supplies that the school system is required to supply). Keep the receipts for any supplies you buy beginning in August. Your chapter leader can fill you in on the procedures you must follow to receive this money. You can also pool your money with other teachers to buy larger items to share.

Also see Supplies.

Tenure

Tenure is a status that appointed pedagogues achieve after completing a probationary period with satisfactory service. In January 2007, Chancellor Joel Klein announced his intention to use student test scores as part of the decision to grant tenure. The UFT believes this is morally and contractually wrong and will fight such a policy.

Once you have tenure, you cannot be dismissed without being formally charged and having a hearing before an independent tribunal on those charges. This protects you from being fired for the personal or political objectives of a supervisor. The normal probationary period is three years, although this can be reduced by prior service or extended if the tenure grade is in doubt. To acquire tenure you also must meet all eligibility requirements.

Also see Disciplinary Actions, Job Security, Probationary Period.

Termination, see Probationary Period.

Transfers

If you wish to transfer to a different school, there are more opportunities available than ever before. Previously, because of the numerous restrictions, only about 300 to 400 people could get seniority transfers. Now virtually anyone can apply and be selected, provided the principal agrees. In the 2005-06 school year, more than 2,700 people transferred.

Principals must announce all their vacant positions by April 15 and revise listings throughout the spring and summer as openings occur. These vacancies are posted on the DOE Web site; the page is revised as positions are filled and new vacancies arise.

All qualified teachers, including those who have been placed in excess, can apply for specific positions at job fairs or send applications to the schools they are interested in. You also can send applications and résumés to schools that have not advertised vacancies so that, in the event a vacancy arises, principals will be aware of your interest.

School-based committees made up of supervisors and teachers may interview candidates and make recommendations to the principal. However, the final decision is the principal’s. All transfers made after Aug. 7 cannot be completed unless you are released by your current principal.

Hardship transfers are available for travel and for health reasons. All hardship transfers are discretionary, and the DOE makes the final determination. You should obtain as much documentation as possible to support your need for a hardship transfer. See your chapter leader for the specific requirements regarding each of these transfers.

Also see Excessing.

Transit Chek

If you are a frequent rider of New York City transit, you can save up to $200 or more in taxes by purchasing a Transportation Savings Card (TSA). You can select a deduction plan to suit your personal transportation needs, whether it be for occasional rides, frequent rides or express bus rides. You fund your TSA card with pre-tax dollars up to $100 per month, through payroll deductions. As a result, you do not pay federal, state, city, Social Security and Medicare taxes on your transportation deductions.

Starting in the 2007-08 school year, your TSA card may be used to purchase tickets for mass transit on the LIRR, Long Island MTA buses, and MetroNorth. The administrative costs for this program will also be deducted from your paycheck.

If you need more information on this program, you should contact your UFT borough office. It can provide you with all the necessary information to help you to enroll in the program.

Tutoring Sessions

Teachers are required to conduct tutoring, test preparation or small-group instruction for 37.5 minutes after dismissal at the end of the school day, Monday through Thursday. Schools may elect, with an SBO, to hold the sessions in the mornings before school starts.

This is not a regular teaching period. Small-group instruction during this time must be used for review, remediation, homework assistance — generally something less than what might occur during a regular classroom period. General education groups cannot exceed 10 students, while special education groups cannot exceed five students. If you have any questions, or your group size exceeds the specified contractual limits, contact your chapter leader. A grievance should be immediately filed on your behalf.

Verbal Abuse

State law and chancellor’s regulations prohibit verbal abuse of students, which includes using language that causes fear or physical or mental distress; using language that denotes race, ethnicity, religion, gender, disability or sexual orientation which tends to cause fear or mental distress; threatening physical harm; or belittling or ridiculing students.

Verbal abuse is not considered corporal punishment. If you are accused of verbal abuse, you should immediately notify your chapter leader. Consult Chancellor’s Regulation A-421 for additional information. Among other things, the regulation requires your principal to inform the staff about what constitutes verbal abuse. Starting in October 2007, if accusations of verbal abuse are found to be unsubstantiated, all references to the accusations will be removed from your file.

Victim Support Program

If you should be the victim of a crime or are injured by a student or intruder, the UFT’s Victim Support Program (1-212-598-6853) will help you on a confidential, one-to-one basis. The program offers advice, counseling and assistance with the police, the judicial system and the DOE’s medical bureau. Services include counseling and, if the need arises, a representative to accompany you to the medical bureau or court.

If you are assaulted or injured by a student or an intruder, take these steps: First, get any necessary medical treatment. Inform the school administration. Consider filing a criminal complaint. Notify your UFT chapter leader and the Victim Support Program. And be sure to complete the paperwork required to protect your rights. Filing delays could cost you money. This paperwork is spelled out at www.uft.org — click on Member Services, then Publications to read “Security in the Schools.”

Also see Assaults.

Whistle-blower Protection

Under state law, you have immunity from civil liability and protection against retaliatory actions by your employer if you do any of the following: report a suspected act of violence; disclose information regarding a violation of the law that creates a substantial and specific danger to the public health or safety to someone in government (including law enforcement officials, legislators or City Council members); or disclose information regarding what you reasonably believe to be an improper governmental action (such as a violation of any federal, state or local law, rule or regulation).