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.