ATPE News is the official publication of the Association of Texas Professional Educators, the largest educator association in Texas. The magazine addresses the most important issues affecting public education in the state. Learn more at ATPE.org.
Issue link: https://atpe.epubxp.com/i/512520
atpe.org | 13 summer 2015 your ally. your voice. The ATPE Member Legal Services Department can help you with a number of issues that may impact your summer break. by Paul Tapp, ATPE Member Legal Services Managing Attorney Before You Break Considering These Potential Issues Now Will Make Your Summer More Relaxing It's summer! You've made it through the school year and now you have a couple of months to relax with no thoughts of work, right? Well…maybe. Here are a number of issues that may impact your summer break. Evaluations A classroom teacher's evaluation should be completed well before the last instructional day of the school year. If you received your evaluation late and are unhappy with it, you may be able to have the evaluation invalidated. Local policy determines when non-teaching staff may receive evaluations. Summer Professional Development Many districts now require training during the summer. It is common for districts to swap two days of summer training for two days of service during the school year. Some districts allow teachers who don't do the summer training to make it up during the year, but in others, teachers simply lose the compensation for the two days. Be sure you know and follow your district's policy. A district may also insist on training that occurs on specifc days. If required training interferes with your summer plans, talk to your administration. If you cannot reach an acceptable compromise, don't give up—eligible members can call the ATPE Member Legal Services Department for help. Districts may also require certifcation that is awarded by attending training. In most cases, such a requirement should apply across the board and come from the school board, not an immediate supervisor. A district may require those who don't participate in the summer training to receive the training during the school year instead, which may actually be more burdensome for the educator. Reassignments A new school year means a new budget and changes in student populations or programs that may lead to staff reassignments. Staff employed under a contract should be familiar with the ubiquitous reassignment clause that allows the district to reassign the individual to any position within the same professional capacity. Staff not employed under a contract can generally be reassigned to any position at any time. If you receive notice of an unwanted reassignment, it is important to act quickly. Formal options for protest include short, mandatory deadlines. The closer it gets to the new school year, the more diffcult it becomes to change staffng decisions. Resignations What should you do if you fnd the perfect job at another district after you have signed and returned your contract for the next year at your current district? Are you out of luck? That depends on timing. Even if you have signed and returned your contract, you can still submit a written resignation to the school board president in care of the superintendent. The resignation must be sent via certifed mail with return receipt requested at least 45 calendar days before the frst instructional day of the upcoming school year. After that deadline, you risk having your certifcate suspended by the State Board for Educator Certifcation, unless the district agrees to release you from your contract. Leave What if you know you will be out when school begins? You may be planning an operation or expecting a child. It might be necessary to notify your district of your plans during the summer to qualify for all your leave benefts when school resumes. Family Medical Leave can provide qualifed individuals with up to 12 weeks of leave. Federal regulations require that an employee notify an employer of known future requests 30 days in advance or as soon as practicable. An employer may be able to deny leave if the employee fails to notify them in time. If you know or become aware that you will be out at the beginning of the school year, it is a good idea to discuss the matter with a district's human resources representative. Summers in public education aren't always as relaxing as they should be. But with a little knowledge and the assistance of the ATPE Member Legal Services Department, you can get the rest and relaxation that you deserve.