Rights of School Employees

The Rights of School Employees A publication of The SCEA Member Advocacy Center School employees mostly fall into three groups: those who believe they have no rights, those who believe they have rights but are afraid to exercise them or choose not to, and those who believe they have rights that they don’t actually have (they often run into trouble trying to exercise those rights). For example, many teachers assume they have an automatic right to representation in a meeting, which isn’t true.

When a teacher asks what his or her rights are, the answer is: “It depends”.

With the exception of things that are regulated by government agencies like EEOC and OSHA, the laws in South Carolina are mostly silent as they relate to the day-to-day working conditions in public schools. For example, a teacher in search of a law to address a “hostile work environment” won’t find one unless the situation falls under the protection of Title VII of the Civil Rights Act of 1964. The Teacher Employment and Dismissal Act (TEDA) provide due process for teachers who are facing termination.

“Rights” are provided by federal and state law, SDE regulations, school board policy, school handbooks and rules, the U.S. Constitution and agreements between the employee and the employer. In addition, cultural norms and practices of the workplace establish expectations for employee/employer behavior.

When there is no clear violation of law, one must appeal to the school district or administrator’s willingness to be reasonable and do the right thing, and then look for the best arguments for why they should see things your way.

The SCEA provides assistance to school employees who are experiencing employment problems. We have relationships with key district personnel in most districts and can help members navigate through their conflict.

If you are a member, you don’t have to go through conflict alone. Call us.