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F A Q s

Problems on the job?

REMEMBER:
The advice & recommendations on this website
are general by nature. You must speak with TSTA
legal for more appropriate and accurate legal advice to fit your particular situation or need.

Advice for Paras, Secretaries, Bus Drivers, Custodians, & Other Non-Professional Employees:
At-Will Employee?
Support Personnel Strategies
Grievance Awareness
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Q: What should I do when I am in danger of losing my job?
A: If you believe that your employment might be terminated, you must immediately call the TSTA Help Center for advice at  877-275-8782.  TSTA's attorneys will advise you and explain your options.  An attorney can best protect your interests.  Even if the termination proves to be merited, an attorney can sometimes mitigate the consequences for you.
Q: What can I do when I have a complaint about something at my job? 
A: Routine problems arise on the job all the time.  Ideally, the goal of workplace problem solving should be a win-win solution, freeing you from the problem yet maintaining a positive relationship with your supervisor and the district itself.  
 Safety in Numbers:   You have already taken the first step to job security by becoming a member of A-TSTA/NEA (Congratulations!).  You are now one of the many members of this local who are covered by TSTA and NEA employment protection.   Your membership in the association communicates clearly to district administration that you are not helpless and that you have access to active support through your membership. 
Problem Solving Discussion:   If you have a conflict or complaint, you then call the local president or Member Rights chair and explain your problem.  Often, they can help you resolve the problem by talking with management in the early stages of a conflict.  You and the A-TSTA/NEA representative can sit down with the supervisor to discuss the situation and work toward an agreeable resolution for all concerned. 
Filing a Grievance:   When nothing else has worked, a grievance is a formal way to air an unresolved complaint.  This is usually a last resort for solving your problem since there must be an actual violation of law by the district which you can prove.    [ ABOUT FILING A GRIEVANCE ]
Q: Can my supervisor or principal require me to work overtime?
A: As a general rule, a school district may require any employee to work additional hours.  However, employees such as custodians, bus drivers, and paraprofessionals are covered by the Fair Labor Standards Act (FLSA) and must be paid overtime.  Teachers, librarians, athletic trainers, and nurses are "professional employees" and therefore exempt from the FLSA. This means that they are not entitled to additional compensation for overtime. TSTA believes contract employees who are required to work a significant amount of time outside of the instructional period should be compensated. Decisions from the Commissioner of Education have not been favorable when teachers have sought compensation for working beyond regular school hours. 
Q: Can the principal order me to change a grade?
A:

Teachers must be careful at all times to assign student grades according to board policy requirements. A teacher cannot be required to change a student's grade unless the school district's board of trustees determines the grade was given erroneously, arbitrarily, capriciously, or in conflict with the school's grading policy.  If a teacher is asked to change a grade, the first question for the teacher to ask is "What is the policy basis for changing the grade?"  If the administrator can give the board policy reason that the grade should be recalculated, the teacher probably has no right to refuse.  Furthermore, in that situation, refusal could be seen as insubordination, which could lead to the teacher's termination.   But, if a teacher is instructed to falsify a student's grade, both the teacher and the supervisor who asked the teacher to change the grade would be in violation of UIL regulations and the Educators Code of Ethics Standard.
Q: The principal is requiring our team to meet during my conference period.  Can she do that?
A: A classroom teacher is entitled to at least 450 minutes within each 10-day period.  A teacher does not have to have a conference period each day, but must have at least 45 minutes on days that she does.  Also, the 45 minutes must be within the instructional day, not tacked on after school.  During this planning and preparation, she may use it as she sees fit for instructional preparation, parent-teacher conferences, evaluating students' work, and planning.  She may not be required to participate in any other activity during that minimum 45 minutes.  The statute clearly prohibits the district and its administration from requiring the teacher  to do other duties during preparation time.  
Q: I received a bad appraisal.  What can I do about it?
A:

A teacher may submit a written response or rebuttal to a written observation summary, a written summative annual appraisal report, or any other written documentation associated with the teacher's appraisal.   The teacher may also request a second appraisal by another appraiser.  Both actions must be submitted to the appraiser within 10 working days of receiving the appraiser's written appraisal. 

Q: I have a student in my class who frequently interrupts and disrupts my teaching.  He is disturbing me and the other students, and distracting all of us from the learning situation.  I've tried everything.  How can I remove him permanently from my class?
A: Mandatory Removal:   State law requires that a student must be removed immediately from the classroom when the student threatens or assaults the teacher or another student.   
Discretionary Removal:   A student may be removed from the classroom at the teacher's discretion when the student's behavior is so unruly, disruptive, or abusive that the behavior interferes with the teacher's ability to communicate effectively with the other students and with their ability to learn.  This disruptive behavior must be documented by the teacher (i.e. behavior log, written referrals, phone calls to parent, etc.).    In either case, the teacher should request in writing that the student be permanently removed according to Texas Education Code Section 37 and she should include whatever documentation she has compiled.  At that point, the administrator must by law remove the student from her classroom.  He may not return the student to her class without her consent unless the Placement Review Committee (composed of two teachers elected by the faculty and one appointed by the administration) determines that such placement is the best or the only alternative available.