Almeria FTA MeetingMonday, April 14, 2014

Facilitator:Debra A. Harper, Ed.D.,

Almeria FTA Site Representative

Fix the Issue Now! O Safety First Committee

O Current Disciplinary Policy/Code of Conduct/Ed Code

O Teacher Rights/Responsibilities

O Voting for FTA Positions

Meeting Focus

O Current Disciplinary ProceduresO Discipline Hierarchy: Student Handbook, pp. 5-

7, 2013-2014.O Education Codes: Student Handbook, pp. 7-9.

O Teacher RightsO Ed Code 48900.7 O Weingarten RightsO FTA Contract

O Voting for FTA PositionsO Site RepresentativeO District/Local/State

Safety First CommitteeO Support Available for Teachers

O School Plan

O Fix School Discipline.orgO NEA School Crisis Guide

http://www.neahin.org/assets/pdfs/schoolcrisisguide.pdf

Current Disciplinary Procedures, 1 of 3

O Discipline Hierarchy: O Student Handbook, pp. 5-7, 2013-2014.

O 1. Detentions: 15 minutes to 1 hour, 24 hour advance notification, failure to serve may double the detention time, and failure to serve may result in referral to administration.

O 2. After School Work Program (ASWP): usually assigned by administration, students must inform parents, parents must provide transportation, administration send notification to parents for each assigned ASWP.

O Next slide…

Current Disciplinary Procedures, 2 of 3

O 3. Parent Shadowing: in lieu of suspension, can be for part or all of school day, made at the discretion of the administrators only.

O 4. Alternative to Suspension: for repeated behavior challenges or serious disruptions. Described as a ‘class’ conducted by a teacher, lasts 1-2 hours, and a time for self-reflection directed at behavioral improvement.

O Next slide…

Current Disciplinary Procedures, 3 of 3

O 5. Suspension: O Teacher suspension: 3 days out of classroom but

remains on campus, teacher must provide work. The out of class suspension is only served for the class where the behavior occurs.

O Administrative suspension: off-campus, time determined by administration, and further discipline actions taken if student enters campus during suspension time.

O 6. Student Behavior Contract: between student, teacher, administration, counselor, and parent. Suspension may result if contract is not followed.

O 7. Citations: Issued by the school police for fighting, vandalism/tagging/graffiti, truancy, possession of a weapon, possession of tobacco, possession of marijuana/drugs, possession of or consuming alcohol.

Education Code 48900 a-q (Suspension)

Student Handbook, pp. 7-10

O A pupil shall not be suspended from school or recommended for expulsion unless the superintendent or the principal of the school in which the pupil is currently enrolled determines that the pupil has committed an act as defined pursuant to one or more of subdivisions (a) to (q) inclusive.

Teacher Protections in Ed Code

O Education Code 48900.7:O Terroristic threats against school officials,

school property or both. A student may be suspended from school or recommended for expulsion if the superintendent or the principal of the school in which the pupil is enrolled determines that the pupil has made terroristic threats against school officials or school property, or both. “Terroristic threat” includes any statement, oral or written, by a person who willfully threatens to commit a crime which will result in death, great bodily injury to another person, or property damage in excess of one thousand dollars, even if there is no intent of actually carrying it out.

Weingarten Rights 1 of 3

O In NLRB vs. Weingarten, Inc., 420 U.S. 251, 88 LRRM 2689 (1975), the U.S. Supreme Court affirmed the rights of unionized employees to have a union representative present during investigatory interviews.  According to the Court, these rights arise as a corollary to the proper functioning of the National Labor Relations Act (NLRA).  The rights flow from NLRA § 7’s guarantee of the right of employees to act “in concert for mutual aid and protection.”  Denial of this right violates NLRA § 8 (a)(1).

Weingarten Rights 2 of 3

O How Weingarten Rights WorkO There are four conditions that must be met before an

employee may assert Weingarten rights:O 1. One or more management representatives must seek to

question a bargaining unit employee;O 2. The questioning must be in connection with an

investigation;O 3. The employee must reasonably believe that the

examination may result in disciplinary action against the employee; and

O 4. The employee must request union representation.O 5. Where all conditions are met, a management

representative may not continue to question an employee without allowing the employee his or her requested representation.

Weingarten Rights 3 of 3

O When an employee invokes Weingarten rights, management has three choices.  It may:

O 1, Grant the request and notify the union that a meeting to examine a bargaining unit employee is going to take place and that the employee has requested union representation;

O 2. Discontinue the interview and rely on evidence already available or information obtained from other sources; or

O 3. Offer the employee a clear choice to continue the interview without representation, or have no interview at all. (Employees should be counseled not to accept this offer.)

O In addition to management directing an employee to attend a meeting, a demand by management that an employee give a written statement may be considered an examination that invokes Weingarten rights.

FTA Contract(FUSD Website – Downloadable Documents)

O Safety Conditions - Article 16, 1-4:O Student Behavior

O Bargaining unit members may use reasonable force under circumstances which require that they defend themselves or students against an assault, provided, however, that such force does not exceed that which is needed to repel or protect from bodily injury and provided further that the bargaining unit member report any such incident to the immediate supervisor within a twenty-four (24) hour period.

O The above provision shall not be read as a requirement that bargaining unit members must place themselves in danger of serious injury in order to protect another employee or students from assault.

Teacher Rights/Responsibilities in Relationship to School

Safety/DisciplineO Just because we are teachers doesn’t mean we

allow others to disrespect or infringe upon our human rights.

O NEA School Crisis Guide http://www.neahin.org/assets/pdfs/schoolcrisisguide.pdf

O Fix School Discipline http://www.fixschooldiscipline.org/toolkit/community/laws/

O CA and Federal Law require the use of alternative to out-of-school discipline.

VotingO Site Representative Nominations?O Ballots for voting on FTA

district/county/state positions