TCTA 2020-21 Survival Guide

Page 23

YOUR JOB

FAQs: When called to the principal’s office If you are notified by email, written memo or orally through the campus secretary that the principal wants to meet with you, the following questions may come to mind:

Do I have to go to the meeting?

Yes. Your immediate supervisor has provided you with a directive. Your failure to follow this directive could be considered an act of insubordination and result in formal disciplinary action, as well as negatively impact your appraisal. If the meeting time poses a direct conflict with another previously scheduled activity, immediately contact your principal to discuss an alternate meeting time.

Can I be required to meet with my principal during my planning time?

Unless the meeting involves conferencing with a student’s parent(s), such a requirement would not be proper. However, unless you have a direct scheduling conflict, you should exercise your best professional discretion in favor of attending the meeting. Your principal should not abuse this professional courtesy.

In many cases, the principal will have another party, such as an assistant principal, present to serve as a witness, take notes, etc. Again, you may request the attendance of a colleague for the same purpose. At the least, you should make complete notes of the meeting for later reference. Depending on the subject being discussed, any notes taken or recordings made by the administration may be available to you upon written request pursuant to the Texas Public Information Act.

Is the meeting confidential?

It depends. The Family Educational Rights and Privacy Act (FERPA) will apply in situations involving student records and related student information (see page 33). Confidentiality also will apply in the context of teacher evaluations (see page 19). However, under certain circumstances, be aware that any information you provide may ultimately be shared with other school personnel and officials, as well as outside parties such as the Texas Education Agency, State Board for Educator Certification, Texas Department of Family and Protective Services, law enforcement agencies and possibly others. If you suspect that a meeting with school personnel will involve

Do I have a right to have an attorney present? potentially serious allegations, call the TCTA Legal Department In most cases, your right to have legal counsel or another representative present is limited to formal grievance hearings or hearings concerning the proposed nonrenewal or termination of your employment contract. You may request that your administrator allow you to have a friend, colleague or other representative present during the meeting. Granting the request is within your supervisor’s discretion.

What if my principal schedules a grievance conference at the last minute?

You have a legal right to have an attorney or other representative present at the grievance conference. Your principal (or other administrator) is obligated to provide notice of the meeting in a timely manner to allow for your designated representative’s presence.

May I record the meeting?

Normally, the decision to allow audio recording of a meeting with your principal will be within your principal’s discretion. However, at any meeting or proceeding at which the substance of a grievance is discussed, an employee is allowed to make a recording, thanks to a TCTA-initiated law passed in 2009. It is not illegal for an educator to secretly record discussions to which he/she is a party, though such recordings are rarely useful. However, some school districts have policies prohibiting such practices. More importantly, the commissioner of education has held that secretly recording such conversations is an unprofessional act and may be good cause for termination of employment.

at 888-879-8282 for consultation prior to the meeting, or as soon as possible.

Do I have to answer questions in the meeting?

In most cases, you should answer questions and/or provide your side of an issue in a professional manner and tone. Your principal may take action deemed appropriate for the situation if you fail to satisfactorily address his/her questions. An acceptable alternative may be to advise the principal that you would prefer to respond after consultation with the TCTA Legal Department and/or other legal counsel. This would be especially true if the meeting (unexpectedly) includes district or other law enforcement personnel or a DFPS investigator. A school district employee may not be required to speak with or provide a written statement to law enforcement or DFPS personnel.

Do I have to sign a write-up, reprimand or document if I disagree with it?

Your signature on such a document does not usually constitute agreement, foreclose any remedies you may have in a given situation, or waive any other rights. This type of document usually states that your signature verifies your receipt of the document only, not your agreement to the substance of the document. If not, you may always indicate this restriction in writing above your signature. In addition to writing a response or rebuttal to such a document, members may wish to contact the TCTA Legal Department at 888-879-8282 for further advice and consultation with a staff attorney. 2020-21 TCTA Survival Guide

23


Turn static files into dynamic content formats.

Create a flipbook

Articles inside

MORE FOR YOU

9min
pages 61-64

Social Security benefits

3min
page 57

Tuition aid and housing assistance programs

3min
page 60

Health insurance

6min
pages 58-59

School safety and threat assessment

1min
page 49

YOUR BENEFITS

7min
pages 55-56

Individuals with Disabilities Education Act

8min
pages 51-52

Restraint of students with disabilities

4min
page 53

Inclusion and ARDs for regular education teachers

2min
page 54

Student conduct: Required notice to educators and confidentiality rules

4min
page 50

Laws that impact the student-to-student relationship

7min
pages 42-43

Student discipline and violence

22min
pages 44-48

Graduation requirements

9min
pages 40-41

2020-21 student assessment calendar

5min
pages 38-39

Student assessment

3min
page 37

YOUR STUDENTS

2min
page 36

YOUR LEGAL RIGHTS & RESPONSIBILITIES

26min
pages 25-31

Eroding teacher rights

5min
pages 34-35

FAQs: Dealing with a difficult parent

4min
page 24

Student record confidentiality requirements & parental rights

4min
page 33

Child abuse or neglect reporting requirements

3min
page 32

Professional boundaries with students

6min
pages 20-21

FAQs: When placed on administrative leave

3min
page 22

FAQs: When called to the principal’s office

4min
page 23

Texas Teacher Evaluation and Support System

8min
pages 18-19

Paraprofessional wages/rights under Fair Labor Standards Act

4min
pages 11-12

Charter school employees

2min
page 17

Salaries and incentive pay

3min
page 10

YOUR JOB

8min
pages 7-8

YOUR VOICE

5min
pages 4-5

Teacher contracts

5min
page 9

What’s New in Texas Public Education

3min
page 3

Educator certification/continuing professional education

12min
pages 13-16
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.