The advice on this website is general in nature. You must speak with TSTA legal for more appropriate and accurate legal advice that will fit your particular situation or need. Call 877-ASK-TSTA ( 877-275-8782 ) 7 to 7 Monday through Friday.
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REDUCED DUES APPLICATION.
Fill it out & send it through district interoffice mail
to Ovidia Molina c/o O'Donnell
FOR IMMEDIATE OR URGENT HELP
"I am in danger of losing my job!"Call 877-ASK-TSTA ( 877-275-8782 )
7 to 7 Monday through Friday
Experts are standing by to answer your questions, legal or otherwise.
FOR QUESTIONS OF LAW
"Can they do that?"Click on TSTA HELP DESK
to send an email straight to the experts.
They will respond quickly.
IF YOU ARE CALLED TO A MEETING WITH AN ADMINISTRATOR OR SUPERVISOR:
You must attend the meeting if directed to do so (refusal to attend the meeting can be called "insubordination"). If you can, talk to TSTA at 877-ASK-TSTA before the meeting.
Be professional. Do not overreact to accusations or allegations of misconduct.
Listen carefully & take notes. Communicate the fact that you are willing to listen to the comments of the administrator/supervisor.
Do not make spontaneous replies to any allegations or accusations. Do not respond or argue at this time.
If you are threatened with termination or criminal allegations, BE CALM, and politely request an adjournment of the meeting in order to contact your attorney. Then, immediately contact TSTA at 877-ASK-TSTA.
If offered an "opportunity" to resign to avoid termination, do NOT accept. Contact TSTA immediately for advice. Once you resign, no one can help you. TSTA attorneys can advise you how to proceed if termination is the only option.
Again, contact TSTA at once following the meeting.
As a member, whether you have a serious job-related problem or a question about school law or your employment rights, TSTA Help Center is available.Members should call the Help Center any time they have employment-related questions for which they are not able to obtain the answer on their own. If you are asking for help with a work-related problem, TSTA will start a "ticket" and timeline -- this is vital for your complete protection.
Some examples:
Planning time abuse
Duty-free lunch
State minimum personal leave
Overtime compensation (FLSA) for non-contract workers
Each situation is different. If you believe your rights are being violated, be sure to contact the TSTA Help Center immediately for advice -- don't "wait to see what happens" -- you may miss a critical deadline.
You can contact by phone at 877-275-8782 -- if placed on hold, leave a detailed message including the best number to reach you & when you will be available to answer a call. For privacy, you can call from your cell or home phone .
You can also email the Help Center -- click on this link: HELP-DESK . This method is especially useful to ask about a question of law, but you can also detail your problem and ask for them to contact you. For privacy, you should use your personal email address & your home computer. Never use district computers for personal communication regarding an employment-related issue!
Grievance Awareness for Teachers
A grievance can be defined as a specific complaint about your wages, hours, or conditions of work. TSTA has as a goal to empower its members to pursue their own grievances under the applicable school district policy. Although virtually any aspect of employment may be technically grievable, only certain grievances are legally reviewable by the Commissioner of Education.
According to the Texas Education Code §7.057, the only grievances which may be appealed to the Commissioner of Education are ones involving a breach of the employment contract coupled with economic harm, or a violation of a state school law or regulation by the school district. In these circumstances, a grievance may warrant the advice or assistance of TSTA Member Advocacy Specialists in the Help Center, who in turn may seek the advice and assistance of TSTA legal staff. TSTA legal staff appeals scores of cases every year to the Commissioner of Education.
Deciding appeal-ability
Is it a violation of the written employment contract? If so, does it cause economic harm?
Is it a violation of state school law regulation?
If you believe you qualify to file a grievance against the district or its representative, you should call the Help Center at once for assistance. Grievance procedures are controlled by a rigid time-line beginning with the incident being grieved. TSTA attorneys can help you through the entire process.
Attorneys
Along with the liability coverage, you have six staff attorneys and a network of outside attorneys all of which comprise a top-notch legal team to protect your employment rights. Every year, TSTA spends more than a quarter of a million dollars on cases approved for legal action. And once a case is approved, TSTA won't send you a bill for attorneys' fees!
MEMBERS SHOULD ALWAYS CALL THE TSTA HELP CENTER WHEN:
Criminal conduct is alleged or might be alleged;
Facing dismissal;
Threatened in any way by administration;
Illegal discrimination or retaliation might be alleged; or
Placed on administrative leave.
If you prefer a more confidential communication,
use your personal computer (not a district computer).
Click below for a direct link to the president's private email address.
In the TSTA Attorney Referral Program members may receive two free 30-minute consultation sessions with a TSTA referral attorney during any membership year (Sept. 1 - Aug. 31). During the two free sessions, you may discuss any legal matter in the area(s) in which the attorney has agreed to provide advice.
Click above for details.
EMPLOYMENT DEFENSE:
- Other organizations provide an insurance policy with limits for attorney services -- but TSTA covers the costs of an attorney completely through our defense fund.
- TSTA assists you when your employment rights are being violated or your employment is in jeopardy.
- When we take a case, the cost of an attorney will never be an issue.
COMPREHENSIVE LEGAL COVERAGE:
- TSTA spends over a million dollars each year representing members.
- TSTA has in-house attorneys who are experts in education employment law.
- TSTA also retains attorneys across the state to assist members
LIABILITY INSURANCE:
In addition to employment rights defense, TSTA provides a comprehensive insurance that protects members against most legal claims while acting within the scope of your employment. Contact TSTA for details.
Texas Education Code & Law
Ch. 37
Discipline; Law & Order
Sec. 37.002. REMOVAL BY TEACHER.Texas state law permits a teacher to have a student permanently REMOVED from his/her class when :
(1) [the student] has been documented by the teacher to repeatedly interfere with the teacher's ability to communicate effectively with the students in the class or with the ability of the student's classmates to learn; or
(2) whose behavior the teacher determines is so unruly, disruptive, or abusive that it seriously interferes with the teacher's ability to communicate effectively with the students in the class or with the ability of the student's classmates to learn. Click the heading above for more info!
Defense Funds
NEA spends more than $14 million each year for legal support of members through the NEA Unified Legal Services Program, which shares in funding by state associations including TSTA.Some examples of TSTA and NEA legal cases:
A parent called for the dismissal of a teacher who tapped her son's ankle with her foot to get his attention while he was crouched on the floor. The parent believed Child Protective Services should have been called. The local school board voted unanimously to deny all relief requested by the parent.
More than 100 TSTA members were awarded reimbursements ranging from $1000 to $4000—a total of $149,000—by the Texas Supreme Court because their salary schedules were frozen after they were contractually bound to teach in their school district the following year.
TSTA took a case to the Texas Supreme Court in defense of the independent teacher dismissal process (established through a TSTA bill that passed the legislature in 1995) and won!
NEA assisted the U.S. Supreme Court in answering the question of whether peer grading violates federal law. A federal circuit court of appeals had ruled against the practice; the Supreme Court reversed the decision, upholding teacher autonomy.
Obviously, the results of any given case may vary, depending on the facts of the case. However, these examples are demonstrative of TSTA's resolve to protect your employment rights!
When you have a question or concern, TSTA/NEA is there for you. Call 877-ASK-TSTA (877-275-8782)!
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