If you have a question about a specific issue, first contact Mary Ann Reuter  President of Alief-TSTA/NEA.  This link goes to her district email address,  so be sure to follow the district AUP.  If you prefer a more confidential communication, use your personal computer (not a district computer) and click here:  CONFIDENTIAL for a direct link to the president's private email address. If it is an urgent problem which might be job-threatening, then you should call the TSTA Help Center 877-275-8782  at once, 7 A.M. to 7 P.M., Monday through Friday. Below is a general guide for TSTA members which is not intended to provide complete information or legal advice on specific problems.

A grievance can be defined as a specific complaint about your wages, hours, or conditions of work. TSTA has as a goal to empower its members to pursue their own grievances under the applicable school district policy. Although virtually any aspect of employment may be technically grievable, only certain grievances are legally reviewable by the Commissioner of Education.

According to the Texas Education Code ｧ7.057, the only grievances which may be appealed to the Commissioner of Education are ones involving a breach of the employment contract coupled with economic harm, or a violation of a state school law or regulation by the school district.

In these circumstances, a grievance may warrant the advice or assistance of TSTA Member Advocacy Specialists in the Help Center, who in turn may seek the advice and assistance of TSTA legal staff. TSTA legal staff appeals scores of cases every year to the Commissioner of Education. 

Deciding appeal ability

• Is it a violation of the written employment contract? If so, does it cause economic harm?

• Is it a violation of state school law regulation?

Why a grievance procedure?

• To provide a safe, acceptable, and systematic way to settle problems.

• To provide a method for interpreting the agreement or board policies.

• To provide members with the opportunity to tell their side of the story.

• To help maintain and establish member rights.

• To provide a procedure by which the local association can serve as a responsible advocate in support of the member.

• To provide management with a channel for member complaints.

Member rights under the law

U.S. Constitution*

• First Amendment: Freedom of worship, speech, association, political choice.

• Fifth and Fourteenth Amendments: A citizen will not be deprived of life, liberty or property without due process. (Due process is not an absolute right.)

Federal Law*

• Title IX of the 1972 Education Amendments用revents discrimination on the basis of sex.

• Title VII用revents discrimination because of race, color, religion, sex or national origin.

• P.L. 95-555傭roadens the definition of "sex" in Title VII to cover pregnancy related illnesses.

• Equal Pay Act容qual pay for equal work.

• ADEA用rohibits discrimination based on handicap.

Texas Constitution*

• Article 1, Section 19妖ue course of law for those to be "in any manner" disenfranchized.

• Article 1, Section 27幼itizens rights to redress grievances.

Texas Education Code*

• 21.103葉he right to written notice of termination of probationary contract not later than the 45th day before the last day of instruction required in the contract (continuing contract)

• 554.002用rohibits retaliation against employees who report illegal activities of district

• 617.004用rotects the right of employees to belong to a labor organization

• 617.005羊ight of public employees to present grievances concerning wages, hours, and conditions of employment individually or through a representative

• 21.158葉he right to notice prior to discharge during the school year (continuing contract)

• 21.159葉he right to a hearing, before board action, on dismissal (continuing contract)

• 21.206葉he right to written notice of proposed nonrenewal not later than the 45th day before the last day of instruction required in the contract (term contract)

• 21.207葉he right to a hearing, before board action, on nonrenewal (term contract)

• 21.209葉he right to appeal a nonrenewal decision to the State Commissioner of Education (term contract)

• 21.351葉he right to appeal a termination decision to the State Commissioner of Education (continuing contract)

• 21.352葉he right to copies of evaluation: to a second appraiser

• 21.403葉he right to at least the state minimum salary (which is based on years of service)

• 21.404葉he right to 450 minutes of planning and preparation time during a two- week period

• 21.405葉he right to a 30-minute duty-free lunch

• 21.408葉he right to join any association of your choice

• 21.409葉he right to leave of absence for temporary disability

• 22.001用rovides continuous payroll deduction for association dues

• 22.003用rovides 5 days per year of personal leave to every school district employee (additional days provided if assaulted during duty time)

• 22.004容ach district must make available to its employees group health insurance

• 25.083葉he right to uninterrupted time to instruct students

• 37.002葉he right to remove a student from class in order to maintain effective discipline in the classroom

Texas Government Code

552.102揚ives members the right to see their personnel files and get copies of them

Texas Labor Code

21.051用rohibits employment discrimination on the basis of race, color, disability, religion, sex, national origin or age

* Not a state school law or regulation for purposes of appealing to the
 Commissioner of Education.