Legal Issues/Teacher Rights

Always remember: Think Twice before you Speak or Act!

Educator Liability Insurance In the state of Georgia there are three liability insurance groups for educators. It is very crucial that you join one of these groups to help protect yourself and your teaching certificate. Many teachers are fortunate that they will never have to use the insurance but you should still take it out as you never know what may happen. And most of the things that people report you for or accuse you of you never did those things in the first place. But in times like these liability insurance is a must. I have not had that much dealings with PAGE but I have GAE and I am a member of GAE. Your liability insurance is there to protect you and advocate for you whether it is involving a parent, student, or even the administrators who work in your school and school system. Any time you have any major problems with teachers, parents, students, or administrators and you have tried to talk to the administrators about it and nothing is being done then you call your liability group. They are there to help. I CAN NOT STRESS THIS ENOUGH. If you feel you are being mistreated, abused, harassed, or even threatened by your principal or superintendent call your liability group immediately. Call them if you have questions about you letter of intent, contract, or anything else you are required to sign. DO NOT SIGN OR WRITE ANYTHING (LETTER OF RESIGNATION, ETC.) UNDER STRESS. DO NOT MAKE ANY DECISIONS OR SAY ANYTHING WHEN YOU ARE BEING THREATENED OR FORCED INTO IT BY YOUR ADMINISTRATORS. NO MATTER WHAT THEY SAY OR TELL YOU (tell you that you must go, have a bad evaluation on you, accused you of something, or are even threatening your certificate, job or life). They also do not have a right to tell you that you need medical help or need to take medicine or see a psychiatrist. They also cannot access your health insurance or force you to tell them or discuss with them any of you personal, religious, or medical issues. In

cases like that when they call you in and force you to discuss these matters with them just simply get up and leave. Do not say anything to them, especially not under stress as they can then come back and mess you up. Keep your mouth closed about what they said or did to you. Do not discuss this with anyone else who works in the school or school system. When you get home that day immediately call your liability group and ask for help on what to do and how to handle this mess. When you call GAE or PAGE the secretary will probably direct you to or give you the Uni-Serve director for your region. Call your uni-serve director immediately. Tell her/him what is going on, your current situation, and what administrators or other educators have said or done to you. The uni-serve director will then step in and do their part and give your further directions on what to do next.

IMPORTANT: PLEASE NOTE! Document everything every time you are having a problem and who all is involved and what they said or done and what you said or done, the events and order things took place. Write it in a small note pad or journal and keep it hid (like in your purse or something) so no one can find it and read it. Document these things when no one can see you, when you are by yourself so no one will suspect anything. Write down the day, date, and time the incident took place. This documentation will be your life saver in a little while. Anytime you have a meeting about this document that in your journal as well - what the meeting was about, the date, time, who was at the meeting, and what was said and done at the meeting.

Warning Signs and Things to Look For: 1. Teachers around you start turning their noses up at you. 2. You are left out and excluded from meetings, parties, decisions, etc. 3. Your ideas, advice, beliefs, and suggestions are rejected, ridiculed, and ignored.

4. Other educators start telling rumors and lies about you at the school, to the administrators, and everywhere around the community. 5. The administrators start treating you differently, start singling you out, are harsh and rude to you. 6. You get placed in a grade or department you hate to teach. You are forced to teach this without any say or input. 7. You get paired with a bad para or group of teachers to work with and when you complain nothing is ever said or done about it. 8. You get a really difficult class. 9. When you go ask for help with a situation the administrators do nothing about it. 10. The administrators blame you for your students or para's problems. 11. The administrators defend the para, teacher, or severely misbehaving students and blame you for the problems whether you can help them or not. 12. The administrators are more strict and unfair when evaluating you.

Reporting Someone to the Administrators, School Board, or PSC: Any person who is a Citizen in the state of Georgia can report an educator (teacher or para) to the local school, BOE, or PSC office. And the one it was reported to has to follow through with an investigation. The only requirement is that who ever files the complaint must sign their full first and last name on the document and they must present the complaint in writing. If someone who reported you did not sign a name to the documentation don't worry, Cheer Up! Anonymous is illegal. Anyone could have written it.

Order of Steps/Actions You Need to Take

1. If you are having specific problems with a para or teacher try talking to that person first. Explain to them this is what you expect or want done and the way you want it done. See if that helps. 2. If you get no results then go to your building principal about it. The principal may/should talk to the para or other person causing you the problems. 3. The principal may have a meeting with you and the parent/student or teacher/para giving you all the trouble. 4. See if the meeting helps. 5. If you are still having problems or being treated unfairly call your teacher liability group. 6. When you call your liability group explain to them what is going on. GAE or which ever liability group you have will give you the local uni-serve director's name and phone number for your area. 7. Call your uni-serve director immediately. Tell them what exactly is going on and why you think it is going on and what if anything is currently being done about the issue. 8. The uni-serve director will instruct you on what to do next and when, where, or how to contact an attorney. Your uni-serve director or liability insurance group's legal services will refer you to an attorney locally who is paid by GAE to deal with these cases. 9. Do not go talk to the human resource director or superintendent of your school system. They will get a bad impression of you and direct you back to your building principal. The school system will hold this against you if anything else should happen or come out of this. Remember administrators stick together no matter what and they will be quick to blame you and dump all of the problems right on you. 10. The uni-serve director may come talk with you and discuss what is going on with the school administrators. 11. Again - do not sign, write, or say anything to administrators at this point unless your uni-serve director or attorney is present and one of them has told you what to say or do.

12. If you are still having trouble you may need to contact your liability group's legal services or an attorney. Go through your teacher liability group first. 13. Once the attorney has stepped in she/he will advice you on what to do further and usually at this point you should only communicate to your attorney dealing with the matter and no one else. 14. If your case results in a hearing you have a right to witnesses on your behalf. Seek others who have seen, heard, or witnessed the problem and know you and your character as witnesses for the hearing.

REMEMBER You pay $40/month dues to your liability group so they will offer you protection, advocate for you, and offer legal services for you at no additional costs for you. So you might as well use them when and if you need them. If you are ever bullied, threaten, harassed, abused, or mistreated contact your liability group immediately. You have no right to be treated this way or to suffer from this mess. Do not feel scared, worried, or embarrassed about calling for help. The more teachers call the less others will suffer and the sooner the mess can be resolved. If your school system threatens you or tells you not to call and report them don't listen. Do it any way. And do not tell the school you are reporting them. Let your liability group handle that. If the school system gives you any trouble or holds this against you tell your liability group immediately so they can help out. Under duress - when you are forced or pressured into saying, signing, or doing something you do not want or do not feel you should do. When you are upset and forced by administrators to do it. This is illegal and they have no right doing this to you. If you feel you have been hurt, abused, harassed, or discriminated against you have 180 days to fill a complaint and/or a lawsuit. After 180 days you cannot do anything about it. So act quickly!

IMPORTANT NOTES: Don't ever resign, say anything to school administrators, or to anyone else about your problems. Don't write down or discuss anything personal like your medical problems and conditions or medications you are taking. This is none of their business and they do not need to know this. And in some cases they will hold those things against you, even though it is illegal for them to do so. A problem or a lawsuit in one system could cause you problems and may hinder you in getting a job in another system. Seek the advice from your attorney or teacher liability group as to whether or not you should tell other systems you applied to about the problems/situation from your current or previous school system. Even if you are not teaching; you were fired or resigned, or whatever the reason may be and you still have a pending legal case regarding the school or your teaching certificate you still have to pay the monthly dues to your teacher liability group.

Educators Please Read Carefully!

Avoid any small counties or small towns (small school systems) as these are the main ones to cause educators trouble, gossip about them, and do things that are unethical and illegal.

Rights You Have as a Teacher in a Public School System in the state of Georgia: 1. In the state of Georgia when you sign your fourth contract at the end of your third year teaching in the same public school system you have tenure with that system. If you get another job in another school system in the state of Georgia at any time after the fourth year working in a previous system you get tenure when you sign your second contract at the end of your first year there.

Teacher Evaluations

If you receive an unsatisfactory evaluation by an administrator you are entitled to 4 weeks to correct the problems and then be re-evaluated. All formal evaluations by administrators must be in writing and signed by both you and the administrator who did the evaluation. You are entitled to and must be given a copy of your final evaluation signed by both you and the administrator. Any letters, files, evaluations, or other documents and records placed in your file in the central office you have the right to have access to it to view it and make copies of the things that are in it. Letters from doctors, complaints from administrators, parents, and other teachers cannot be placed in your permanent file and sent to other systems when you are or have applied for a job with another place. These documents can only be placed in a file folder in the local central office only. Get copies of all notes, letters, and evaluations on you made by the school administrators. You are entitled to them at any time. Keep them in a safe place at home for future references or to send to another system when applying for a job if they request them. Keep all documentation of conflicts, meetings, notes, and teacher evaluations, and paycheck stubs at home in a folder. Keep all of them forever, or at least the 30+ years you are in the teaching profession. DO NOT store them or keep them at school. Someone may plunder through them and tell it everywhere. Protect yourself.

Tenure helps teachers by ensuring they have jobs if they signed their contracts. Once they sign a contract they are entitled to a teaching job for the next school year.

NAPTA - National Association for Prevention of Teacher Abuse - This organization offers confidential help for abused teachers.

ASEE - American Society for Ethics in Education

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