In Virginia the state legislature is redrafting work rules to reduce teacher protections for the state’s public school teachers. The title on one of several Washington Post articles reads “House votes to end tenure-related job protections for teachers.” The governor and the legislature continue to offer false propaganda to make political points because there are NO teacher protections for Virginia teachers.
The state of Virginia goes beyond Federal right-to-work rules and bans public sector unions, which makes it impossible for teachers to have any ability to negotiate contracts or contract rights. Local media reports that suggest teachers “receive ‘continuing contracts’ which guarantee due process hearings before they are dismissed” are false. There are NO due process rights for teacher contracts in Virginia.
Virginia principals have unchecked authority in decisions to remove faculty. While principals are expected to comply with human resource evaluation procedures to perform and write up teacher evaluations there is no avenue of protest and appeal outside of school system full time personnel. A hierarchy of reviews and conferences only goes as far as the human resources department. No disinterested parties need be consulted.
The proposed amendments by the legislature bring no substantive changes to teacher contracts or evaluations. Legislators engage themselves in a time wasting sham. No rights exist to take away from teachers who already work under arbitrary “at will” rules.
F.Y.I.
The TERMS OF TEACHER CONTRACTS in Virginia suggest how things work in a state without collective bargaining or union negotiated contracts. A recent copy of a Fairfax county blank contract has twelve numbered paragraphs. Selected paragraphs are quoted verbatim below.
Paragraph 3
The employee shall perform such pertinent duties during the period of this contract as are deemed necessary by the school board, division superintendent, or their designees. The Employee shall attend all assigned meetings; be at school during the hours of school operation; and be present at school or at other locations during such times as the school board, division superintendent, their designees, or the employee’s principal or program manager may direct in connection with school events or activities. The employee accepts these professional obligations and responsibilities and understands that duties may be assigned that will require participation and attendance outside the hours of school operation.
In other words, hours of work are not limited and can be anytime. There is no overtime pay.
Paragraph 4
The employee further agrees to meet all professional obligations and responsibilities; comply with the provisions of the constitutions of Virginia and the United States, federal law, the Code of Virginia, the Virginia State Board of Education regulations, and with the rules, regulations, and policies of the school system. The employee understands and agrees that the school board, division superintendent, and their designees reserve the right to change the rules, regulations, and policies of the school system as they deem necessary, at any time.
In other words, higher ups decide without need to respect faculty input.
Paragraph 6
The School Board, on recommendation of the division superintendent, may place an employee on probation, or may dismiss, non-renew, in accordance with the Code of Virginia and school system policies and regulations, paying for services rendered in accordance with this agreement to date of dismissal.
In other words, any teacher can be dismissed at any time by decision of a principal or a higher up.
Paragraph 7
A request to resign from employment should be submitted on or before April 15 of the school year prior to the school year in which the resignation takes effect. A request that is submitted after April 15 but before June 1, that is to take effect prior to the following school year, must include a reason for resignation. Any request that is submitted (i) after June 1, to take effect prior to the term of the following school year’s contract, or (ii) during the school year in which the employee submits the resignation request, is not in compliance with the notice requirements of this contract and will not be accepted except under extraordinary circumstances beyond the control of the employee. If the employee submits his or her resignation after June 1, and the division superintendent or designee determines that the employee did not have good cause for the late resignation, the school board may impose the following conditions upon acceptance of the resignation:
a. The employee shall not be eligible for reemployment with the school system
b. In response to reference requests, the school system will advise that the employee resigned his or her position without adequate notice and in breach of contract.
If, however, the school board rejects the employee’s request to resign, and the employee nonetheless declines to revoke his or her request to resign, the school board may dismiss the employee for breach of contract and abandonment of position. A recommendation to revoke the employee’s license may be made as provided for in the Code of Virginia.
In other words, rules come with reprisals. You should also know that the school board’s printed form to resign or retire includes paragraphs that force signatories to give up all rights under federal discrimination law: age, gender and so on.
Does anyone think schools will get better with this kind of political misconduct?