Assignment and reassignment can be handled by the superintendent
The Texas Education Agency will hear complaints if the employee suffers financially
Commissioner’s jurisdiction limited to “the school laws of this state” or “provision of a written employment contract between the school district and a school district employee if a violation causes or would cause monetary harm to the employee”
A principal was reassigned to the maintenance department. She was told that she would be a facilitator for staff development of the nonprofessional staff. The superintendent gave her a memo stating the reason for reassignment and told her that she could file a grievance. The principal filed a grievance and a lawsuit.
Planning and Preparation Period - State law: (each teacher)at least 450 minutes within each two week period for preparation, planning, conferences, grading. Each period must be at least 45 minutes long. The teacher may not be required to participated in any other activity (i.e. inservices- Strater v. Houston I.S.D., 1986)
Duty-Free Lunch -30 minute period free from duties unless dire situations (shortage of staff, extreme economic conditions, unavoidable and/or unforseen circumstances). A teacher may not be required to supervise students during the duty-free lunch more than one time per week.
Teacher Retirement: each teacher must participate. School districts can establish annuity programs, and various insurance programs out of local funds.
Temporary Disability Leave: Teacher cannot be terminated. Pregnancy listed specifically. Can only be taken during the period the doctor specifies. This is unpaid leave. Upon returning to work, the employee should have a job. This employee must be placed on their campus, unless another principal voluntarily accepts them.
* Nelson v. Weatherwax: Employee went on temporary disability leave on same day that she received notice of intent to terminate. On her leave, the board went on with proceedings. The termination date was the day her leave ended. The court of appeals concluded that this process did not violate the Education Code.
Family Medical Leave Act/ Misc. Leave Policies
12 weeks unpaid leave per year to care for: newborn, adopted, or foster children; a spouse, child or parent with serious health condition; when a serious health condition prevents performance. (only 12 weeks: can’t put family medical leave and temporary medical leave together.) Employees must receive their job and equivalent pay upon returning.
Local leave policies developed by districts.Teachers may not be given paid leave to attend a meeting of a teacher’s professional organization.
Other types of leave: Military and Developmental
Military: up to 15 days granted per year
Developmental: Certified teachers in district for 5 years or greater to study, research. One school year at one-half salary or one-half school year at full salary.
1985- U.S. Supreme Court ruled that the minimum-wage and maximum-hour provisions of the Fair Labor Standards Act (FLSA) apply to local government functions.
Requires good documentation to show that employees have not worked overtime without proper compensation
FLSA provisions apply to people in two groups:
- 3 categories: Executive, Administrative, Profession -secretaries, maintenance workers, bus drivers, custodians, teacher aides Exempt -not covered by FLSA -not entitled to extra work in excess of the forty-hour week Non-Exempt -not exempt from FLSA rules/regulations -entitled to overtime pay or “comp time”