LEGAL NEWS Know your rights. Protect your rights.
A: Only with prior approval from the administration. While the question has not been litigated in Georgia’s courts, we do know that public schools all over the country now use video camera surveillance to document the very student behavior that a teacher would likely document—although those cameras are typically restricted to common areas. More than likely, your school district provides notice of the cameras and seeks parents’ consent regarding capturing student images at the beginning of the school year. The same questions arise when employee photographs are used in the yearbook or school website. That said, before bringing your camera to school, you should first obtain approval from the school administration. If you are having problems with teacher and student safety issues, please get in touch with your local UniServ Director or local Association representative. Q: I’ve just started my first job teaching. Everything is going great, except I was told to wait two months to receive my first paycheck. Is that legal? A: No. Unless your employer has waived compliance with state law, local boards of education must pay beginning teachers their first salary payment for the number of days worked at the end of the first month of the school year in which service is rendered. See OCG 20-2-212 (c). • Do check local policies. Be sure they are up to date. • Do ask if your employing district is a Strategic Waiver School System or a charter system. It matters because most Georgia school districts are not required to comply with fundamental and long- standing education laws, such as class-size limitations and a duty-free lunch for teachers in grades K-5. • Do ask for the most current list of laws that the district has waived from compliance. Q: I went to the central office and was told I could not review my personnel file. Is this legal? A: No. All school employees have a right to access and copy the contents of the personnel file maintained by the school district. There are at least two locations where employment records are kept: the central office and your work location. GAE advises its members to review their personnel files annually. The school district may have reasonable procedures that regulate your request, which can include scheduling a convenient time to conduct the review. Do you know what’s in your file? Q: I am a paraprofessional working in an elementary school. At lunchtime, I am required to clock out for
This is not intended to be an exhaustive explanation of the law. If confronted with a particular problem, you should consult with your UniServ Director staff or legal counsel. Q: I went to the emergency room last week after being assaulted in my classroom by a student. My doctor also told me to stay home for several days. When I returned to school, I was told I would be docked sick leave for the missed days. I was also told that I could not file a police report with local law enforcement authorities. Is that legal? A: No. Under Georgia law, a teacher shall not be charged with sick leave for up to seven days of absence due to injury caused by a physical assault while the teacher was engaged in the performance of his or her duties. If the school district refuses to file a police report, you should file one with the assistance of local Association representatives. Protect your rights. Q: My repeated requests for assistance with disruptive students have yet to be addressed. Can I bring a camera to my classroom to document their behavior?
one-half hour, although I am told that I must eat in the cafeteria with the students. I understand that I may not be entitled to the protections of the state’s duty-free lunch law for teachers, but I do not receive any pay for my lunchtime duty. Is that legal? A: No. The school district cannot have it both ways. Under the Fair Labor Standards Act (FLSA), the term “employ” includes “to suffer or permit work.” According to FLSA regulations, “…it is the duty of management to exercise its control and see that the work is not performed if it does not want it to be performed. It cannot sit back and accept the benefits without compensating for them.” For assistance with this matter, do not hesitate to contact your GAE UniServ Director or Legal Services. You can find out more about compensable time and hours worked under the FLSA at the U.S. Department of Labor website: www.dol.gov Q: I am a school bus driver. I was told I would not be paid for waiting time on field trips because it was after my scheduled work hours. Is that legal? A: No. Wait time away from the school premises during a field trip is work “suffered or permitted” under the Fair Labor Standards Act (FLSA), and, therefore, you must be paid a regular wage and potentially overtime depending on the number of hours worked. In 1944, construing the FLSA, the U.S. Supreme Court wrote, “an employer, if he chooses, may hire a man to do nothing or to do nothing but wait for something to happen … paid time ordinarily includes all time during which the employee is necessarily required to be on the employer’s premises, on duty or at a prescribed workplace” (underline added). Armour Co. v. Wantock, 323 U.S. 126 (1944); Anderson v. Mt. Clemens Pottery Co., 328 U.S. 680 (1946). Ideology Over Evidence: Waivers Emphasis on deregulation in Georgia’s education space fits nicely with emphasis on “freedom” from “regulation.” Through deliberate policymaking, legislation, and conservative courts, Georgia has enacted multiple public education delivery systems mainly driven by political dogma, not evidence. Strategic Waiver School System (SWSS) and charter systems operate under the terms of a contract or “charter” agreement between the State Board of Education and the local board of education. The school system receives “flexibility” through “waivers” from compliance with state laws, rules, and guidelines in exchange for greater accountability for increased student performance — at least in theory. The Georgia
LEGAL
The information provided is intended only as a general guide to employment rights of Georgia educators and is neither complete nor intended to provide legal advice on a particular problem. include your name, contact information, and GAE membership number. We will get back to you as soon as possible. For urgent matters, call GAE at 678-837-1100 or contact your GAE UniServ Director. Email your question to Mike.McGonigle@gae.org. Please Do you have a legal question for our resident expert?
32 | KNOW • Volume 22 Issue 2
Made with FlippingBook Ebook Creator