Higher Education Advisory Council
Higher education policy and practice is directed by the OEA’s Higher Education Advisory Council (HEAC).
Specifically, HEAC is responsible for devising and implementing instructional programs to enhance the professional ability of its members and advocating for the interests of its members within the Association.
This includes providing support for collective bargaining in higher education, development of appropriate legislative positions and maintenance of appropriate relations with other groups interested in higher education and supportive of Association positions; and recommending members to be appointed to OEA Committees and other appropriate NEA and OEA bodies.
Members of the Higher Education Advisory Council are nominated and elected by OEA affiliates. The members select officers (Chair, Vice-Chair, Secretary) annually at one of four meetings per academic year.
For more information about HEAC, please contact the OEA Higher Education Liaison, Mark Linder, at linderm@ohea.org, or email Dovel Myers, the HEAC chair, at heacchair@ohea.org.
To All HEAC Members:
Please see the below. OEA is working in conjunction with Ohio AAUP, Honesty for Ohio Education, and other labor and education stakeholders to prepare advocates for upcoming opportunities to testify against SB 1. Below you will find the recording from the Honesty Coalition’s testimony training from last Thursday. Please contact OEA Government Relations with any questions about how you can continue to advocate for the defeat of SB 1 by emailing govtsrv@ohea.org.
A recording of the webinar can be found here, and the presentation slides can be found here.
Bill Resources:
Committee Advocacy Materials:
- Testimony toolkit and template from Honesty For Ohio Education
- Testimony Witness slip
- Complete this document and email it to the committee chair along with your testimony!
- Where to find testimonies after a committee hearing
- How to pull video clips from OhioChannel.org
Additional Resources:
- Statehouse New Outlets
- Stathouse Advocacy Organizations
- Student Organizing—Ohio Student Association
Take Action — Contact Lawmakers
Make Calls
- Senate Higher Ed Committee Chair — Kristina Roegner: 614-466-4823
- Tell her NOT TO MOVE SB 1 forward
- Senate Committee Member — Jane Timken: 614-466-0626
- Tell her to HELP STOP SB 1
- Senate Committee Member — Bill Reineke: 614-466-8049
- Tell him to HELP STOP SB 1
- Your state senator: Find your senator here
- Tell them to HELP STOP SB 1
Higher Education Membership
The National Education Association puts the strength of 3.2 million members and the experience of more than 150 years of educational advocacy to work for faculty and staff. No other professional organization or union can claim so long and strong a record of effective representation.
The cohesiveness of NEA higher education membership is particularly important now in light of the constant challenges and threats to our professional and economic rights. NEA strongly supports the efforts of faculty and staff to safeguard intellectual freedom, professional integrity, tenure, and the right to a voice in academic governance.
Through its strategic priorities, NEA works to improve teacher quality and student achievement and to increase the capacity of institutions and associations to tackle tough educational and professional issues.
Higher Education Research Center
The Center provides data and other research products to the NEA higher education affiliates. The Research Advisory Committee, composed of higher education leaders and staff, meets twice a year to review products from the Center and to make recommendations about additional research needs.
Legal Advice and Liability Protection
NEA’s legal staff has effectively argued that academic freedom should be recognized as a constitutional right. As a result of NEA litigations, tenure is now viewed as a property right protected by the 14th Amendment.
The Association’s Legal Services Program protects members subject to dismissal or severe sanction and provides legal advice on other issues.
NEA higher education members are automatically protected by a $1 million professional liability policy at no extra cost. This liability insurance protects members in cases that arise from the performance of their professional duties.
National Conference
Each year since 1983, in March, the NEA sponsors the National Conference on Higher Education, which brings together educational and political leaders and experts along with faculty and staff to discuss issues confronting colleges and universities. The theme of the conference each year deals with an issue that is vital to the interests of higher education.
Leadership Development
The day prior to the higher education conference, faculty and staff leaders convene to discuss issues pertaining to governance and to develop leadership expertise. In addition, the NEA sponsors an Emerging Leaders Academy, open through nominations to new or emerging leaders within the NEA higher education community.
Your Professional Resources
As the largest employee association in the country, NEA’s size and resources allow it to provide its higher education members a wide range of free services and resources.
The NEA’s Office of Higher Education, based in NEA’s Constituent Relations Department, coordinates the efforts of staff assigned to higher education activities in other NEA departments. Staff ensure the development and delivery of NEA-sponsored programs for higher education members and affiliates. They assist the states with organizing membership and chapter development through the NEA regional offices, work with higher education governance, and work in coalition with other associations and unions.
For more information about OEA/NEA membership, contact Matt Ides, OEA Organizer, at idesm@ohea.org.
Inter-Generational Mentoring
The Inter-generational Mentoring Program is a collaborative project between OEA-R and the OSEA with support from OEA and NEA. The program pairs retirees with students working toward a degree in education.
The Inter-generational Mentoring Program is designed to help student teachers and new teachers as they finish their studies and move into their first year of teaching.
Brochures
Below are the two OEA-R Mentoring Brochures. One is for OEA-R members and one is for OEA Students members. Brochures include an application form to register for the program.
OEA-R Member Brochure
OEA-R Student Brochure
Social Media Guidelines for Educators
Dos And Don’ts For Educators
Whether you’re just considering becoming involved with social media or you’ve already established an identity on one or multiple sites, you need to use these channels wisely. OEA has developed the following guidelines on using social media to help protect yourself both personally and professionally.
- DO: Know the privacy settings of every channel you use and keep abreast of any changes to them (see Additional Resources). You have to decide for yourself what level of privacy is right for you, however OEA recommends sharing only with people you know personally. For instance, on Twitter we recommend blocking your tweets so only individuals you approve can see them. Taking just a few minutes to establish strict online settings will go a long way toward keeping what you post restricted. Additionally, try to be “anonymous” whenever possible. Don’t include information that could put your identity at risk.
- DO: Understand that there’s no such thing as a truly “private” post. Once you publish something through social media, you lose a degree of control over your message. Even if you set your privacy settings appropriately, to be shared only with people you know, your posts can still be captured via screenshot, printed, or copied and pasted into an email and shared beyond your intended audience.
- DO: Understand the limits of your First Amendment rights. Free speech rights are fairly limited for educators: their speech is protected only if they speak out as citizens on “matters of public concern” and their speech doesn’t disrupt the school. So matters of personal concern, e.g. social activities, partying, personal gripes, etc., are not protected. Tenured teachers have far greater job security than probationary teachers — they can’t be fired except for “just cause” — but it’s not the First Amendment that protects them.
- DO: Learn The Licensure Code of Professional Conduct for Ohio Educators.
- DO: Find out if your school or district has an Acceptable Use Policy for the Internet and/or social media. Make sure everything you do online is in keeping with these and other pertinent policies, as well as state and federal laws and regulations. You will be held responsible for what you post both by your school and legal entities. If your school doesn’t have an official policy, take this opportunity to help develop one.
- DO: Keep work and play separate. Regardless of your school or district’s policy, never use school property for personal communications. Do not log onto your email on the school’s computer. Do not bring your laptop to school and access the school’s network. Never access your personal email or send texts on your mobile device using the school’s Wi-Fi. Also keep a clear distinction between your personal and professional identities online. Don’t friend students, parents, and people you only know professionally, or otherwise connect with them through your personal account. If you want to use social media professionally, create a separate account for this and maintain appropriate boundaries and language at all times. Alternatively, you could use a social network specifically designed for connecting professionally.
- DO: Monitor your own internet presence, so you’re aware of content posted by others about you or content posted by an imposter posing as you. Create a Google alert to notify you when anything about you has been posted. Monitor comments that are posted to your page and your friends’ photographs. Delete inappropriate language or content. If someone “tags” you in an inappropriate photograph, remove the tag and ask the friend to take the photo down.
- DO: Contact OEA if you have any questions. If you’re about to publish something that makes you even the slightest bit uncomfortable, feel free to discuss it with your Labor Relations Consultant.
- DON’T post profanity, obscenity or anything that depicts you in an unfavorable light, including, but certainly not limited to, any images with you drinking, using drugs, in questionable settings, with disreputable companions, in inappropriate attire, or engaging in illegal activities.
- DON’T vent online. Under no circumstances should you ever tell stories about work that include personally identifiable details, such as full names, job titles, addresses, phone numbers, pay, or other information protected by state and federal privacy laws. Even eliminating any specific information about your situation and/or presenting it as a hypothetical puts you at risk.
- DON’T post anything related to a student, no matter how harmless you think it is. Never counsel a student online.
- DON’T accept an online relationship with anyone who you do not know offline. This is true for everyone, not just educators. Don’t assume Facebook friends of your friends are safe.
- DON’T join groups that may be considered unprofessional or inappropriate, and leave any such group of which you are already a member.
Additional Resources
Facebook Privacy Settings and Tools: https://www.facebook.com/about/basics
Twitter Support: https://support.twitter.com
YouTube Help Center: https://support.google.com/youtube
Pinterest Help Center: https://help.pinterest.com
Help for Flickr: https://help.flickr.com
How to Create Social Media Guidelines for Your School: http://bit.ly/Lx3bJV
Online Database of Social Media Policies: http://bit.ly/KPYOJA
Download these guidelines.
Commonsense Pointers for Avoiding False Allegations
Whenever possible, never be alone with a student. That’s because a student’s allegations made when there are no other witnesses hinge on credibility, and authorities often tend to favor the alleged victim in these circumstances. So don’t be alone with a student in a house or a car, and never give a student a ride home. To the extent possible, avoid being alone with a student in a classroom.
Risky situations include: one-on-one tutoring, counseling, after-school or recess detention, and make-up tests. If you can’t avoid being alone with a student at school, keep the door open and stay in plain sight.
Always maintain a professional demeanor and distance. That means: no flirting, teasing, or joking about sex. Don’t socialize with students or treat them as “pals” or “friends.” Never give gifts, unless you give one to every student, and don’t single out any one student for constant special attention or flattery.
Never send e-mails, text messages, or cards to students unrelated to schoolwork. Don’t ask students about their social lives or comment on their personal appearance and avoid discussing intimate details of your own private life. Don’t hire students to babysit or allow them to visit your home. Be the adult and maintain boundaries.
Avoid physical contact with students. This is a particularly difficult area. Younger children often seek and need physical comfort from their teachers who, sadly, may be the only source of compassion and love that some students have. In the early elementary grades, an occasional hug is probably OK. But as a general rule, it’s best to avoid most forms of physical contact, especially kissing, hair stroking, tickling, and frontal hugging. And use common sense: a “high five” to acknowledge a job well done is fine; a slap on the bottom is not.
Male teachers have to be especially careful when it comes to physical contact of any sort. While a female teacher’s touch may be perceived as comforting, a male teacher’s may be viewed as sexually suggestive. And male employees are far more likely to be accused of inappropriate contact with students than female employees. According to one expert, accusations involving female teachers and male students make up less than 5 percent of the cases.
Avoid using physical force to enforce discipline. When students are misbehaving or out of control, avoid touching or grabbing them to get their attention. Instead, use verbal commands and other disciplinary methods.
There may be a rare occasion when you will have to use physical force in self-defense or to prevent injury to others. If that happens, use the minimum force necessary to prevent harm and immediately call for help. Also, if this is a persistent problem, you may want to ask your district for special training.
Never allow a student to obsess over you. While a crush can be flattering, it also can be fatal, so always nip it in the bud. An unfulfilled fantasy can result in a student acting out to gain attention or retaliating for being ignored. If a student expresses a love interest, respond with an unambiguous “no.” Don’t equivocate and certainly don’t encourage the student by acting pleased by the attention. It’s also advisable to share this information with another adult and your Association representative. In some circumstances, it may be appropriate to tell your supervisor and ask that the student be transferred.
Be particularly wary of “troubled” students. This is a tough one. Some students come to school with a host of emotional needs and chronic problems, and they may confide in their classroom teacher and ask for support and guidance. Particularly for a student with emotional problems, a teacher’s efforts to help unfortunately can be misconstrued as something more and may lead to an infatuation or dependence. Plus you don’t have the skills or training needed to assist.
While you can and should express concern and compassion, don’t take on the role of confidant or counselor. Instead, refer the student to the school counselor, a trained professional who has both the expertise to assess what services the student may need and the experience to know how to arrange for the delivery of those services to the student.
Be especially vigilant if you hold certain teaching positions. Anecdotal evidence suggests that employees who perform certain jobs are at increased risk of false allegations. These include athletic coaches and performing arts teachers —drama, band, chorus, and debate, as well as publications advisers. This trend may be the product of the intense nature of such activities, which may weaken teacher/student boundaries, coupled with a substantial amount of after-school, weekend, and off-campus contact.
This publication was prepared by Michael D. Simpson, NEA Office of General Counsel, with input and assistance from attorneys for numerous NEA state affiliates.
September 2006
Teachers and Children’s Services Investigations
Investigations by Children’s Services are NOT legal proceedings. Therefore, BEFORE talking with ANYONE from Children’s Services, please follow these important steps:
- If you are notified that a complaint against you has been filed with Children’s Services regarding your treatment of a student in your care, DO NOT make any statement regarding the allegations until you contact the Association President.
- After briefing your local president and principal on the allegations, immediately contact your OEA Labor Relations Consultant (LRC). An attorney will be assigned for any Children’s Services hearings or investigations.
- You are NOT entitled to have an attorney for meetings with the administration and parents if Children’s Services is NOT involved. Your local association will provide representation for meetings such as this.
- NEVER agree to meet with a Children’s Services representative regarding allegations against YOU as a teacher until you have followed steps 1. and 2. above. You DO NOT have to meet on their schedule and you always have the right to consult with legal counsel. Your future as an educator is at stake – don’t risk it. OEA provides assistance; please avail yourself of that assistance.
Teachers’ Duty to Report to Children Services
Ohio Revised Code Section 2151.421 (Key Provisions)
A.1. (a) — Duty to Report
Persons in certain official positions who know or suspect that abuse or neglect has occurred to a child under eighteen (18) or mentally retarded, developmentally disabled or physically impaired child under age twenty-one (21) shall immediately report that knowledge or suspicion to the county public children services agency or the municipal or county peace officer in the county in which the child lives.
A.1. (b) — People Required to Report
Total of twenty-two (22) are listed including licensed school psychologist, speech pathologist, or audiologist, school teacher, school employee, or school authority.
G.1 — Immunity for Making Report
Persons making the report or participating in the investigation IN GOOD FAITH are immune from civil or criminal liability.
Ohio Supreme Court Decision: Campbell v. Burton (imposing individual liability for failure to perform duty to report known or suspected child abuse)
In Campbell v. Burton, decided on July 25, 2001, the Ohio Supreme Court ruled that a school teacher and her school district could be sued for the teacher’s negligent failure to report her knowledge or suspicion of child abuse to the public children services agency of the jurisdiction.1 In so holding, the Supreme Court reversed the decisions of lower courts that had relied on Ohio’s sovereign immunity law to dismiss lawsuits against teachers and school boards alleging negligent failure to report child abuse.2 The Court held that the abuse reporting statute expressly imposes liability on the individuals designated as mandatory reporters, and thereby creates an exception to sovereign immunity for the teacher and school district. The decision therefore opens the door to lawsuits against school teachers should they have knowledge of possible child abuse and fail to report such knowledge to the appropriate children services agency.
The decision does not expand the mandatory duty of school teachers to report knowledge or suspicion of child abuse; these laws have existed for many years. In this regard, teachers already face the possibility of criminal liability for failure to report suspected child abuse.3The Ohio Supreme Court also noted that individuals who report suspicions of child abuse in good faith are granted immunity from civil and criminal liability pursuant to R.C. §2151.421(G). By granting broad immunity to individuals who report suspicions of child abuse in good faith, the law encourages reporters to err on the side of disclosure in all instances of suspected child abuse.
The decision increases the likelihood of teachers becoming defendants in lawsuits where a third party is the actual child abuser, and the teacher has failed to report her suspicion of abuse. OEA members should be aware that boards of education have a duty to defend and indemnify teachers and other employees from such lawsuits under R.C. §2744.07. Even though school districts have a duty to defend and indemnify employees from such lawsuits, teachers and support staff will still face the burden of litigation, including time and inconvenience required to participate in litigation. The best advice to give teachers and support staff is to always err on the side of disclosure of suspected child abuse to the appropriate children services agency.
1School teachers have a mandatory duty to report knowledge or suspicion of child abuse pursuant to §2151.421(A) of the Ohio Revised Code.
2Ohio’s sovereign immunity statute provides: “In a civil action brought against a political subdivision or an employee of a political subdivision to recover damages for injury, death, or loss to property allegedly caused by any act or omission in connection with a governmental or proprietary function . . . the employee is immune from liability unless one of the following applies: (a) His acts or omissions were manifestly outside the scope of his employment or official responsibilities; (b) His acts or omissions were with malicious purpose, in bad faith, or in a wanton or reckless manner; or (c) Liability is expressly imposed by a section of the Revised Code.”
3A violation of R.C. §2151.421(A), i.e. the failure of a mandated reporter such as a school teacher to report known or suspected child abuse, is a fourth-degree misdemeanor.
Disruptive or Violent Students
If you have a Concern with a Student
Emergency Removal
- You have the right to remove a disruptive student from the classroom.
- You have the right to impose necessary disciplinary action to students in keeping with Board policy.
Physical Assault Involving a Unit Member
- You have the right to defend yourself and/or obtain assistance.
- The principal should be immediately notified to call police, parents, and the Superintendent.
- You have the right to legal aid from the County Prosecutor’s Office.
- You need to be sure to document the entire incident in writing by including the date, time, witness (es) present, location; any events leading up to the assault, and specifically, what took place during the assault.
For Your Own Protection
You should immediately contact your Association President and the Superintendent, and file charges with the local police department
Employee Use of the Internet
In the past several years, OEA has had a rash of contractual and legal issues regarding alleged misuse of the Internet – school and personal. Therefore, we wanted to remind you of the following common sense applications of Internet usage.
- You have Internet access at your school, you probably have signed a copy of the District’s “Acceptable Use Policy.” PLEASE READ IT!
- Do NOT visit Internet sites from your school computer that would be objectionable if a student saw the information posted there.
- Be VERY CAREFUL in your e-mail correspondence to students. Do not send even marginally questionable jokes, notes, etc. to students EITHER from your school computer or from your home computer. Your e-mail correspondence to students should ONLY be classroom-related. In fact, it would be better to e-mail to the PARENT, rather than the student.
- Do your best to monitor what students are viewing over the Internet sites in your workplace. Be sure that you have a classroom policy on use of the computers and Internet sites.
- Always remember that SOMEONE can read any e-mail you send or receive from the school’s computer.
- Illegal use of the Internet and e-mail ARE grounds for termination.
- When in doubt, DON’T! YOUR career is at stake!
Fact Finder for the Ohio Teacher
The Teacher Contract
Ohio teachers work under one of two basic types of contracts–limited or continuing. Limited contracts must be renewed periodically. State statute or your collective bargaining agreement determine the procedure the employer must use to non-renew a limited contract. A continuing contract remains in effect until a teacher dies, resigns, voluntarily retires, is suspended or terminated for cause.
Supplemental: Supplemental contracts are limited contracts issued for extra duties assigned beyond the regular teaching assignment. Contracts must set forth in writing the additional duties to be performed and must specify compensation to be paid for that assignment. Supplemental contracts should cover all educational responsibilities outside the regular teaching assignment other than voluntary duties. There is no notice requirement for termination of supplemental contracts, unless otherwise negotiated in a collective bargaining agreement.
Types of Licenses
Resident Educator (Four-Year)–Upon completion of an approved teacher education program, graduates are given a four-year Resident Educator license, which may be used for full-time or substitute teaching. The Resident Educator license is non-renewable, but may be extended on a case-by-case basis. Advancement to a five-year Professional Educator License requires the successful completion of a four-year Resident Educator Program.
Reading Requirement for Teachers Holding the Following Resident Educator Licenses: Early Childhood Education, Middle Childhood Education, and Intervention Specialist. Newly-licensed teachers who hold the resident educator license in early childhood, middle childhood, or intervention specialist should be mindful of how many semester hours of reading they completed during their pre-service teacher education program. Some teacher education institutions require that graduates in these fields complete six semester hours of reading, including instruction in phonics, in order to qualify for graduation and the two-year provisional license. Other teacher education institutions require students to complete 12 semester credit hours. Because the five-year professional license for early childhood, middle childhood, or intervention specialist requires a minimum of twelve (12) semester credit hours, or the equivalent, in reading including phonics, newly-licensed teachers should determine whether they need to take additional hours in reading to meet the twelve-hour requirement. Assuming that the teacher has completed course work in the teaching of phonics, additional reading courses might address a range of instructional strategies for teaching reading, the assessment of reading skills, and the diagnosis and remediation of reading difficulties. If a resident educator license holder has not completed the necessary course work before the expiration of the license, her/his application for a professional license will be denied.
Professional (Five-Year)—Conversion from the Resident Educator (four-year) license to the Professional Educator (five-year) license requires completion of a four-year Resident Educator Program in an assignment under the four-year Resident Educator license, including a state-required summative prescribed performance assessment.. No additional professional development credits are required, except as explained below.
Senior Professional Educator (Five-Year)—Advancement to a Senior Professional Educator license (five-year) from a Professional Educator license (five-year) requires that an educator meet the following requirements: 1) Have a Master’s degree or higher from an institution of higher education accredited by a regional accrediting organization; 2) have nine years experience teaching under a standard teaching license with 120 days of service as defined by ORC, of which at least five years are under a professional/permanent license/certificate; and 3) have successfully completed the Master Teacher Portfolio.
Lead Professional Educator (Five-Year)— Advancement to a Lead Professional Educator license (five-year) from a Professional Educator license (five-year) requires that an educator meet the following requirements: 1) Have a Master’s degree or higher from an institution of higher education accredited by a regional accrediting organization; 2) have nine years experience teaching under a standard teaching license with 120 days of service as defined by ORC, of which at least five years are under a professional/permanent license/certificate; and 3) have successfully completed the Master Teacher Portfolio AND earned the Teacher Leader Endorsement OR hold active National Board Certification.
Professional Development for Licensure Renewal
An educator’s Individual Professional Development Plan [IPDP] must be filed with and approved by the Local Professional Development Committee[LPDC] prior to earning credits for course work or continuing education to renew a license or to transition from a certificate to a license.
Transitioning to or Renewing a Professional (Five-Year) License—Transition from an eight-year professional certificate to a professional license requires the completion of a combination of course work, CEUs or other equivalent educational activities, equal to six semester hours, according to an LPDC-approved Individual Professional Development Plan and in accordance with LPDC criteria for professional development. There is no provision for reducing the course work or professional development requirements on the basis of work experience.
Professional License (Five-Year) renewals—The educator must successfully earn six (6) semester hours or 18 CEUs or other LPDC-approved educational activities, according to an LPDC-approved Individual Professional Development Plan and in accordance with LPDC criteria for professional development.
For more information about the Ohio’s licensure standards, including fees for application, contact the Office of Educator Licensure at the Ohio Department of Education (ODE), 25 S. Front St., Columbus, OH 43215- 4183, (614) 466-2006 or visit the center’s website at www.ode.state.oh.us.
The necessary application for a new certificate or license or a renewal may be obtained at the ODE. An LPDC must review an individual’s professional development and verify that it meets the requirements for renewal before ODE will act on an application for renewal. For current licensure fees, visit ODE’s website search term “Educator License Applications.”
Teacher Sick Leave
The law requires that teachers be permitted to accumulate at least 120 days of sick leave at the rate of 15 days per year credited at the rate of one and one-fourth days per month. Any accumulation beyond 120 days is covered by the collective bargaining agreement and/or board policy.
The law permits the use of sick leave for personal illness, pregnancy, childbirth and related medical conditions, injury, exposure to a contagious disease, and absence due to illness, injury, or death in the employee’s immediate family.
Under the law, teachers who are disabled and who have exhausted their sick leave are entitled to unpaid leave for the duration of their disability, not to exceed two years, and may receive leave renewals after the two-year period has expired.
Any public employee may carry accumulated sick leave from one public employer to another, provided the break in service between jobs does not exceed ten years.
Parental Leave
Members wishing to take a leave of absence for reasons of maternity, adoption or child rearing may be granted such leave based upon negotiated contracts. They may be entitled to such leave under equal employment opportunity laws and under the federal Family and Medical Leave Act.
Important Teacher Dates
May 1: Ohio Teacher Evaluation System (OTES) and Ohio School Counselor Evaluation System (OSCES) educators must have completed their evaluation, if applicable. The final evaluation report must be received not later than May 10.
June 1: Any limited contract teacher must be notified not later than June 1 of the board’s intent to non-renew their contract. Failure of a board to provide such notice, or failure of the board to perform three observations, automatically results in re-employment for one year under a limited contract.
Unless teachers notify the board of education in writing to the contrary by June 1, they are presumed to have accepted re-employment under the provisions of the contract offered by the board.
July 1: Teachers must be notified in writing by July 1 of their salary for the coming school year. The salary may be increased due to schedule improvements through negotiations.
July 10: A teacher must resign not later than July 10 for the next school year. After July 10, the teacher must have the board’s consent or face a possible suspension of their teaching license for up to one year
Teacher Severance Pay
Teachers can receive severance pay based upon accumulated unused sick leave at the time of retirement. Payment may be for all or part of accumulated unused sick leave based upon the policy in force in the district or the negotiated contract. If the district has no policy, or there is no local contract language on this point, the law provides for severance pay in an amount equal to one-fourth of the accrued unused sick leave, up to a maximum accrual of 30 days.
Discrimination
Title VII of the Civil Rights Act of 1964, as amended, Title IX of the Educational Amendments of 1972, the Americans with Disabilities Act of 1990, the Family and Medical Leave Act of 1993 and various Ohio state laws offer protection against discrimination in the areas of supplemental salaries, pregnancy leave, promotion, termination, transfer and other areas. If a member believes he or she is being discriminated against for legally proscribed reasons, the member should contact their OEA Labor Relations Consultant.
Removing Disruptive Pupils from Class
Ohio law gives teachers the legal right to remove disruptive pupils from the classroom. OEA-backed legislation gives teachers the right to “remove a pupil from curricular or extra curricular activities” with the condition that the teacher submit written reasons for the removal to the principal as soon as possible. This right applies when, in the judgment of the teacher, the “pupil’s presence poses a continuing danger to persons or property or an ongoing threat of disrupting the academic process.” In addition to regular suspension and expulsion, the law also permits a school district to permanently expel a pupil under certain circumstances.
Children with identified learning disabilities are subject to the Individuals with Disabilities Education Act, a federal law which may guide how to deal with disruptive students with such disabilities.
Teachers and Corporal Punishment
Corporal punishment is prohibited in Ohio schools unless a school board has established a policy that permits it. If your school board has a policy permitting corporal punishment, get a copy of that policy and adhere strictly to it when considering the use of corporal punishment. If you are unsure whether your district has a policy permitting it, refrain from using corporal punishment until you are certain of your school district’s policy.
Ohio law allows the use of such amount of force and restraint as is “reasonable and necessary” to quell a disturbance which threatens physical injury to others, to obtain possession of weapons or other dangerous objects within the pupil’s control, for the purpose of self-defense or for the protection of persons or property.
If A Member Is Assaulted
If a member is the victim of an assault while on school property, the following procedures are recommended:
- Write down as soon as possible after the assault incident all particulars of the situation, including names, witnesses, date, time(s), location, and general conditions.
- Contact the proper school authorities.
- Contact the local association.
- Have the person determine his/her rights to assault leave under the Ohio Revised Code or the collective bargaining agreement.
- Take pictures, if relevant and possible, of injuries or property damage.
- Get a doctor’s statement if there is even a remote possibility of personal injury.
- File all appropriate police reports.
- Press charges against the assaulting student(s) or others.
- Avoid talking to anyone representing the student or others without prior counsel.
- Remember, members are covered by the OEA/NEA Legal Services Program if charges are filed against them.
For Member Protection
Under Ohio law, public employers bear responsibility to indemnify their employees against certain tort claims for acts occurring within the scope of their employment. However, as OEA members, individuals have the additional protection of $1 million in professional liability insurance. This program provides for: *
- Liability Protection. Payment of up to $1 million in damages assessed against a member as a result of a lawsuit.† There is a $3 million aggregate limit per occurrence for this coverage. This is excess coverage, meaning that it is available when the employer declines to provide coverage or where liability limits are exceeded.
- Legal Costs. Payment of all legal costs in defending such cases.
- Civil Rights. Payment of up to $300,000 in damages, attorney fees, and court costs if a member is charged with the violation of the civil rights of an individual.†
- Criminal Cases. Reimbursement of attorney fees and other legal costs up to $35,000 if a member is charged with violating a criminal statute in the course of employment, provided the member is found innocent of the charges or the charges are dropped. If charges stem from an incident involving corporal punishment, the member can be reimbursed up to $35,000, regardless of the outcome of the case.
- Bail Bond. Reimbursement of up to $1,000 of the bail bond premium if the member must post bond.†
- Personal Property Damage. Payment of up to $500 for damages to personal property when caused by an assault in the course of employment. If you believe there is a claim under the liability protection program, contact your local OEA/NEA Labor Relations Consultant immediately.
†In an incident arising out of the member’s education employment.
* In civil actions related to your education employment activities. Please note: This is not a full description of the coverage. For a complete description of OEA/NEA liability coverage, please contact your Labor Relations Consultant.