SOME ADVICE FOR TEACHERS: RESIST BULLIES AND KNOW YOUR RIGHTS (REMINDER)

CONTRIBUTOR ADVICE:

Teachers, Prepare yourself for the coming school year by knowing the law

Welcome back to the 2017-2018 school year.  FWISD continues to be the model for dysfunctional government that, unfortunately, seems to be the “new normal” for our country.

But don’t give up.  Educating and advocating for the education of children is still the noblest of efforts and there are federal protections still in place that you need to be aware of, especially if you encounter the kind of bully principals and administrators that CIAFWISD has exposed over the years.  So, here’s some advice for gathering documentation and “keeping your head while others lose theirs”.

1)     Know that two federal laws protect you and your students- The 1964 Civil Rights Act signed by President Lyndon Baines Johnson, ensures equal employment opportunity and equal educational opportunity rights for people based on race, national origin, age, color , religion, sex, disability, and retaliation.  Employment law protects you as an employee and educational law protects your students and their parents from being treated differently in regards to one or more of those bases.  Retaliation comes into play after you have reported a possible violation (as long as your report is sincere and well-intentioned; you don’t even have to prove the discrimination) to a law enforcement agency (i.e. Dept. of Ed., Dept. of Justice, FBI, etc.).  Reporting to FWISD’s Equity and Excellence, Human Capital Management, and/or Office of Professional Conduct is counter-productive and dangerous.

2)     YOU CAN RECORD MEETINGS WITH YOUR SUPERVISOR/PRINCIPAL.  But you’d be stupid to do it openly!  Texas law allows for anyone who is party to a conversation to record that conversation.  Don’t confuse that with eavesdropping where an outside party illegally records two other peoples’ conversation (in other words, it’s illegal to “bug” your principal’s office; but you can record any conference that he/she has with you, because you are a party in that conversation.

3)     Be wary of teacher associations that do not offer client/lawyer privilege  From your first conversation with an association, talking to a staff member, who is not an attorney, DOES NOT give you client/lawyer privilege.  Be aware that one of the largest teacher associations in Fort Worth uses staff members to get all of your information.  This is a for-profit association that is  allowed to distribute their weekly information using FWISD paid employees duties.  You have to wonder what’s the payback for free labor and advertising?

4)     Okay, so you don’t feel comfortable recording your principal, then document, document, document  Be sure that after a meeting where you feel that your rights were being violated or you are being ordered to violate someone else’s rights (such as a student or their parent), take immediate notes and include names of who was in the meeting, time and day that it took place, what was asked of you and your response, and how you felt after the meeting.  If you feel compelled to do so, in as unthreatening a manner as possible, respond to your principal in an email that summarizes what you heard he or she was asking you to do.

5)     If you are physically touched or verbally threatened with harm call the police  Tell someone who you trust right after it happens--- while calling the police.  Once police show up, record your conversation with the officer and identify them by asking for their business card or write down their name and badge number.  Don’t play with this and don’t be afraid to call the police.

6)     If you are made to cry by your principal or a supervisor, immediately go tell a trusted co-worker  If they are trusted by you, they shouldn’t have a problem with you recording your conversation with them (but let them know, remember, you trust them and they trust you, so do not say something that can get them in trouble).  Remember, at this point, both of you have civil rights protection against retaliation.

7)     Don’t taunt your principal/supervisor with the law  The law is especially protective of victims who were “victimized”.  It becomes a little “greyer” when you are perceived as the bully.  So, know your rights but don’t go pushing them.  Believe me, there already are plenty of bully principals/supervisors in FWISD who think that they are demi-gods and come after their employees without provocation.

8)     The more that teachers know how to fight, the more that outside entities, such as the federal government, will have to respond.  With sheer volumes of complaints, hopefully the feds will intercede in FWISD. 

Via CIAFWISD, I can try to answer some questions that you might have.  Click into the comment section and send your question (CIAFWISD protects your email identity and you can post a different name) and I will do my best to answer.