September’s tip includes an attachment from CTA, entitled Teachers’ Rights Mini-Guide. Although this guide is older, the information is still valid today.
The most important "right" listed is often forgotten. The teacher’s suspension right, CA Ed. Code, 48910.
(a) A teacher may suspend any pupil from class, for any of the acts enumerated in Section 48900, for the day of the suspension and the day following. The teacher shall immediately report the suspension to the principal of the school and send the pupil to the principal or the designee of the principal for appropriate action. If that action requires the continued presence of the pupil at the school site, the pupil shall be under appropriate supervision, as defined in policies and related regulations adopted by the governing board of the school district. As soon as possible, the teacher shall ask the parent or guardian of the pupil to attend a parent-teacher conference regarding the suspension. If practicable, a school counselor or a school psychologist may attend the conference. A school administrator shall attend the conference if the teacher or the parent or guardian so requests. The pupil shall not be returned to the class from which he or she was suspended, during the period of the suspension, without the concurrence of the teacher of the class and the principal.
(b) A pupil suspended from a class shall not be placed in another regular class during the period of suspension. However, if the pupil is assigned to more than one class per day this subdivision shall apply only to other regular classes scheduled at the same time as the class from which the pupil was suspended.
(c) A teacher may also refer a pupil, for any of the acts enumerated in Section 48900, to the principal or the designee of the principal for consideration of a suspension from the school.
For example: A teacher may suspend a student for up to two class periods if they notify the parent and document it. (If they act up in science, they will be suspended for science for up to two days.)
Sometimes just having them out of the class for a period, works wonders. Teachers do not have to arrange for the child(ren), notify the admin that the student(s) has been suspended and notified the parent or guardian; Admin will then find a place to put that child for the class period.
The other rights this pamphlet covers are disruptive, unpleasant parents, right to representation, willful misconduct of children that cause injury, and so much more. Please take a second to download and read this pamphlet; it is well worth it. As always, your membership is valued, and we appreciate it!
Contract Article 13 D 1-4
July’s tip of the month is about adjunct duty (duty outside of the duty day). As school starts, some site administration will ask for their teacher to sign up for different things that will happen during the school year at each site. Did you know that you don’t have to sign up for anything extra, unless you want to? Article 13 in our contract says that High school teachers are required to attend Back to School Night and Graduation and PS-6/PS-8 teachers are required to attend Back to School Night and one Family Event (track meet, Science Night, any event where the school is hosting and families are present). Additionally, all teachers must attend 5 mandatory staff meetings, that have to be calendared at the beginning of the year. I am not discouraging anyone from participating, as I was one of those teachers who did, but I know how as teachers we are overwhelmed and often guilted in to doing more. As the school year begins and we are asked to sign up for things, remember it is at your own will and you can say no. I have attached the specific part in article for you to read. May the contract be with you!
Contract Article 19.B.5
August’s Tip of the Month focuses on compensation. Did you know that if you do not work at least 75% (138/184 days) of the school year, you will not move down a step, in years, on the AVUSD pay scale? Contract Article 19.B.5, states that if you miss more than 46 days (this includes: illness, vacations, PNS, disability, workman’s comp, maternity, etc.), you will not earn a year’s service credit on your next contract. [184 x 0.75 is 138. 184-138=46] FMLA acts and disability allow you to take a certain amount of time off, which is your right, being aware of the loss is the key. Not receiving credit for a year’s service can be harmful to your retirement and overall career long salary. If you wanted to buy a year’s back in terms of retirement it would cost upwards of $20,000 (cash up front) and if you do not move down a step one year, it is a possible total loss of hundreds of thousands of dollars (each year’s loss x the number of years until retirement, not including raises) in the end. Attached is the article in full. As always, education and awareness are key. Remember our contract is WORTH the paper it is written on!
October’s Tip of the Month
This month I want to talk about the difference between a grievance and a complaint. A grievance can only be filed when a specific article in the contract has been violated by any district employee. AVUTA has a committee dedicated to grievances and a chair Wendy Kelly (wendykelly.avuta@gmail.com). She will answer any questions regarding grievances you may have. However, she can’t file a grievance about a complaint, which is a (non-contract) wrongdoing by any district employee. That is something you, as an AVUSD employee, have to do with the Human Resources Department. One employee grievance, I have heard more often lately is about SAFETY. You have the right to feel safe in your work environment. If you do not, you need to notify your site admin immediately and tell them “YOU FEEL UNSAFE”, the reason why, and a resolution. Recently, I have had a lot of reports about getting hit, bit, or threatened by a student. That is a safety issue and you need to do the following 1) report to your admin 2) report to workman’s comp (even if there is no visible injury that way a log can be kept) 3) Write up an incident report and if you feel unsafe, state it! 4) Email me (avuta.pres@gmail.com) about the incident and steps you have taken. You may also call the police, however once you do, it is considered to be out of the district’s hands and the police will be handling it from there. AVUTA is here to help through any incident you may have, however you have to inform us and follow our directions. I have attached all of the articles for you to review (grievance, complaints, and safety).
President's Tip of the Month
2018-19
AVUTA
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