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We have published a series of guides that are
intended to provide general information covering a variety of legal topics.
Note: the information is not intended
to substitute for individualized legal advice.
The guides are printed below. If you would like us
to send you a copy, we'll be glad to send them to you by email.
The following guides should be particularly useful
for Louisiana
public school educators. Members of teacher unions affiliated with the
American Federation of Teachers may also receive copies through their
Building Representative.
Please
note: the information presented at this site should not be construed to be
formal, individualized legal advice, or the formation of a lawyer/client
relationship.
1. A
Pocket Legal Reference Guide for Louisiana Public School Educators, with
emphasis on rights for members of the local affiliates of the Louisiana
Federation of Teachers.
This guide provides useful tips for all educators,
with emphasis on rights for members of the local affiliates of the
Louisiana Federation of Teachers. It is reproduced below, or you may
call or email our office for a copy of the handy fold-up version.
2. How to exercise
your rights when you suffer a work-related injury.
There are many misconceptions about "workers'
compensation" laws. This brochure summarizes your rights when you are
injured on duty --- and explains your additional rights to full
pay if you have been injured because of an assault or battery by a
student or other person, or if you have been injured from physical contact
with a student while protecting the student from risk of injury. It is
reproduced below in its entirety.
3. What you must
do when you have cause to believe that a child is being abused or
neglected.
Educators have a legal responsibility to contact a
Child Protection Agency in certain situations. You need to be aware of the
severe penalties if you fail to file a report. This brochure is reproduced
below in its entirety
4. How
educators can try to prevent false accusations.
False accusations against educators are increasing
each year. There are some steps that you can take to try to reduce your
risk of becoming a victim. This brochure is reproduced below in its
entirety.
5. How to
exercise your rights when a false accusation is made against you.
You have rights when you are the victim of a false
accusation made by a student or parent. But these rights are only useful if
you know your rights before experiencing this problem, and you decide
to exercise them. This brochure is reproduced below in its entirety
6. Safety and
Violence in Schools
The problem of violence in all schools - public and
private - is very real. Tragically, there are many schools and school
districts that feel "it can't happen to us." The first three
parts of a four-part series of articles are printed below.
7. A summary of liability insurance
protection through the AFT Occupational Liability Plan.
Members of AFT local unions enjoy insurance
protection tailored to the needs of educators. This contains a summary of
the benefits.
8. Selected Excerpts of Louisiana
Discipline Laws.
A summary of Louisiana laws that govern
discipline of students.
Please note: the
information presented at this site should not be construed to be formal,
individualized legal advice, or the formation of a lawyer/client
relationship.
1. Pocket Legal
Reference Guide for Louisiana Public School Educators (with emphasis on rights
for members of the local affiliates of the Louisiana Federation of
Teachers).
Teachers and other school employees have rights
and protections through a variety of sources: primarily through state and
federal laws. To help familiarize you with some of the major rights and
protections, Federation attorneys at the law firm of Rittenberg and Samuel,
L.L.C., have prepared this Pocket Legal Reference Guide for Federation
members. The guide offers suggestions as to what action you may (and
should) take in certain situations.
If you find yourself faced with one of
these problems, first follow these recommendations, then immediately call the LFT or your
local Federation office.
Many of the benefits listed in this
Guide are available only for members of the Federation who were members in
good standing at the time that the problem occurred.
Note: The information contained in this
Guide may become outdated as a result of changes in the law, and new court
decisions. Make sure that you have the most current version, and that you
have checked with the Federation for updates.
1. Accusation by Student or Parent;
Possible Police Involvement
What are your rights when a
student or parent makes an accusation against you involving corporal
punishment, excessive force, a morals offense, or other serious matter?
What should you do when the police are involved?
When a student, parent, or any other person
makes a serious accusation against you, both your reputation and your job
are at risk. Law enforcement authorities are usually contacted. The school
district and the Police or Sheriff’s Office may conduct separate
investigations. Examples of these types of accusations are corporal
punishment, battery, use of excessive force, morals offenses, fraud,
assault, disturbing the peace, and improprieties involving money.
While you may naturally want to be cooperative
with any investigation, you may innocently say or write something that
could later hurt your legal rights.
The
Federation recommends è You should
immediately contact the Federation before saying or writing anything.
If
the police want to speak with you,
we recommend that you state that you would like to answer questions, but
that Federation attorneys
have advised Federation members to first
speak with an attorney.
If the Police or Sheriff asks you to sign a summons, we recommend that you sign it. A summons is only an
acknowledgement that you will appear in court. It is not an admission of guilt.
Signing the summons may avoid an arrest. After you sign the summons,
immediately contact the Federation.
If the principal, an administrator, or a supervisor wants to speak
with you, convene a conference, or request a written
statement, ask for additional time to contact the Federation for
representation.
These recommendations are for your protection.
It is important for you to exercise your rights. Even if you want to give a
statement or attend a conference, and even if you are totally innocent on all
matters, we strongly advise you to
first speak with a Federation representative for advice before taking
action on your own that may be detrimental to your rights.
Reference:
Louisiana
law.
2.
Threats On Your Safety
What are your rights if a student or parent makes a threat
against you?
You have the right to:
1. Contact the police or Sheriff’s
Office to press criminal charges and obtain a peace bond.
2. Request expulsion of the student.
3. Ask the School Board to ban the
parent from school property.
There are other steps that you can take
to address this problem and to attempt to seek to hold the School Board
accountable.
The
Federation recommends è Contact the
Federation for assistance.
Reference: Louisiana laws.
3.
Criminal Charges Against Students
What are your rights
if a student commits a criminal offense against you?
If a
student has committed a criminal act against you (such as battery, assault,
etc), you have the right to press criminal charges, which is separate from
school district punishment. Also, as most educators are aware, in some
situations school districts are limited in the type of punishment that can
be imposed on special education students. However, in many of these
situations you still have the right to press criminal charges even if the
school district cannot impose discipline.
The
Federation recommends è Contact the
Federation for assistance.
Reference: Louisiana
law.
4.
Job-Related Injuries/
Workers Compensation
What are your
rights and benefits if you are injured on the job?
If your injury was caused by an assault
(a threat) or by a battery committed by a student or any other person, you
have the right to receive full pay for the duration of your disability,
without using any sick leave days. If you were injured by physical contact
with a student while assisting a student to protect the student’s safety,
you have the right to receive full pay without loss of sick leave days for
a maximum period of one year (teachers) or ninety days (employees other
than teachers) because of your disability associated with your injury. If
you were injured in the course and scope of employment because of other
reasons, you are entitled to collect "workers’ compensation,"
which consists of a percentage of your regular wages, up to a maximum
amount that varies from year to year.
In each of these situations, the School
Board must reimburse you for all medical expenses, doctor’s bills, hospital
bills, prescription drugs, over-the-counter drugs, and prosthetics. You
also have the right to receive reimbursement for your transportation costs,
calculated according to a formula.
You have a right to seek treatment by a
physician, hospital or clinic of your own choice. The School Board has the
right to send you to a doctor of their choice only for an examination, not for treatment.
You are required to complete certain
forms as soon as you are injured. Your form should clearly state whether
you were injured because of an assault of battery, or while providing
physical assistance to a student to prevent danger or risk of injury to the
student.
The
Federation recommends è Contact the
Federation for assistance.
Reference: Louisiana
law and court cases.
5.
Student Injuries
What action should you take when a student is injured under
your supervision?
Despite all precautions, it is
inevitable that students will be injured at school (on the playground or
during athletic contests for example). Many parents believe, erroneously,
that the teacher, supervisor, or the School Board is automatically liable
when their child suffers an injury at school or associated with a school
activity. But in many cases, no one is liable. The question of whether the
school district is liable, an employee is liable, or no one is liable, will
be answered based upon whether the child was injured because of negligence,
intentional act, or neither.
The
Federation recommends è When a
student is injured, (1) immediately assist the student and help obtain
medical treatment if necessary, (2) refer the student to the office or
nurse, and (3) complete all necessary forms. If the student’s injury is
serious, make a list of all adults and students who may have witnessed the
injury and give this list to the principal. If you are concerned that you
may be accused of failing to properly supervise the student, or other types
of negligence, or committing an intentional act, immediately contact the
Federation for assistance.
Reference: School Board policies.
6.
Reporting Child Abuse
What action is you
required to take if you have cause to believe that a child has been abused
or neglected?
Louisiana law requires you to contact Child Protection authorities when you have
cause to believe that a child has been physically or sexually abused, or
neglected. You are also required by School Board policy to notify certain
school personnel and to complete a School Board form.
The Federation
recommends
è Immediately review School Board policy, and
follow it. If you have questions, contact the Federation for assistance.
Reference: Louisiana
law and School Board policies.
7.
Searching Students or Their Property
Are you permitted to conduct a search if you
suspect that a student possesses a weapon, drugs, or stolen property?
According to law, School Boards are
required to implement policies that state (1) who may conduct the search,
and (2) the circumstances under which a search may be undertaken. If you
conduct a search of a student or a student’s property in violation of
school board policy, disciplinary action could be taken against you, and a
lawsuit for money damages could be filed by the student against both you
and the School Board.
The
Federation recommends è If you suspect
that a student possesses a weapon, drug, contraband, or something that
belongs to another, contact an administrator. We do not recommend that you
conduct the search on your own.
Reference: U.S.
Constitution, Louisiana
law, and School Board policies.
8.
AFT Occupational Liability Insurance
What protection do you have if a student
was injured and you received a letter from the parent's attorney, or if you
have been sued? What if you are being sued for other school-related reasons?
Federation members have occupational liability protection through an insurance
program administered by the American Federation of Teachers. A summary of
that plan is contained in the brochure entitled "AFT Occupational
Liability Plan," available at Federation
offices.
The Federation
recommends
è If you are served with a lawsuit, or if you
receive a letter from an attorney, you should immediately contact the Federation for assistance.
Note: If you have been sued, there are
deadlines to submit a written response. Make sure that you immediately
transmit a copy of the lawsuit to the Federation, and follow up to make sure that all deadlines have
been met.
Reference: AFT Occupational Liability Program (for members
only)
9.
Suspension, Dismissal, or Disciplinary Action
What are your rights when you are accused of
willful neglect of duty, incompetence, immorality, fraud, insubordination,
dishonesty, excessive absences, improprieties in standardized test
administration, etc., or threatened with suspension, dismissal, or other disciplinary
action?
If you are accused of an offense or
threatened with disciplinary action, it is important for you to know your
rights and to exercise them. Your individual rights will depend on your
position (teacher, clerical, or para-educator)
and your classification as a temporary, probationary, or tenured employee.
Once you have acquired tenure, you
have greater job protection and greater due process rights. Tenure is not a
lifetime guarantee of employment, but it provides you with protection against
many offensive employment practices. Depending on your position, you may
not be dismissed or removed (suspended or demoted) from your position
unless you are accused of certain types of offenses and hearings have been
held. You have a right to representation at disciplinary conferences and
hearings.
The
Federation recommends è If you have
been directed to appear at a conference or hearing involving an accusation
against you, contact the Federation for representation.
Reference: Louisiana
law.
10.
Unsatisfactory Evaluation, Observation, or Assessment
What are your rights when you receive a
"needs improvement," marginal, or unsatisfactory assessment,
performance observation or evaluation?
The School Board is required to follow
specific procedures when evaluating employees or conducting performance
observations. If the procedures are not followed, your rights have been
violated. Additionally, the most important component of the evaluation
process is the requirement that the school district must provide meaningful
remediation and assistance to employees who receive a marginal, needs
improvement or unsatisfactory rating.
The
Federation recommends è At the first
sign of a problem, contact the Federation for assistance. It may be advisable
for you to submit a rebuttal or take other action early in the evaluation
process. If you wait until late in the school year, you may lose your
opportunity - and your right - to take certain action to protect your
rights. To obtain advice, and to obtain assistance in preparing responses
and rebuttals, contact the Federation.
Reference: Louisiana law.
11.
Attendance Problems
What are your rights when you experience
problems with absences and tardiness?
Employee absence and tardiness is
closely monitored by the school system. If you experience excessive
absences or incidents of being tardy, you may be subjected to disciplinary
action, and ultimately, dismissal. Even if you have legitimate reasons for
your absences or being tardy, you may face a recommendation of dismissal.
The
Federation recommends è As soon as
you begin to experience attendance problems, contact the Federation for
advice, to determine your rights, and for assistance. There may be steps
that you can take to avoid disciplinary action.
Reference: Louisiana
law, and School Board policy.
12.
Standardized Test Problem
What are your rights when
there is a suspicion of testing improprieties in your class?
When suspicions of standardized test
irregularities surface, the school district may conduct an investigation.
You may be asked to respond to questions, to submit information, to make a
statement, or to attend a conference or hearing. You may face the
possibility of disciplinary action and even dismissal if you are accused of
wrongdoing.
The
Federation recommends è Before you
answer any questions, submit any information, or attend a hearing or
conference, contact the Federation for assistance.
Reference:
School Board policies, BESE regulations...
13.
Signing Documents
What are your rights if you are directed to
sign a document that is inaccurate, or you don't agree with the contents?
The
Federation recommends è Insert the
following (or similar) words above your signature: "My signature does not
necessarily mean that I agree with the contents of this document."
14.
Drug and Alcohol Testing
What are your rights when you are directed to
undergo drug or alcohol testing?
School Boards do not have an unlimited
right to subject teachers, para-educators, and
clericals to undergo mandatory drug and alcohol tests. For example, as a
result of a lawsuit filed by two local Federation unions, the United States
Court of Appeals for the Fifth Circuit has held that it is unconstitutional
to require teachers, clericals, or para-
educators to be tested for drugs or alcohol after an accident unless there
is individualized suspicion that impairment from drugs or alcohol caused
the accident.
The
Federation recommends è Contact the
Federation for assistance if you are directed to undergo a drug or alcohol
test. If you refuse, under certain circumstances you could suffer
disciplinary action.
Reference:
U.S. Constitution (4th Amendment), the Louisiana Constitution, Louisiana
law, United Teachers of New Orleans and Jefferson Federation of Teachers et
al v. Orleans and Jefferson Parish School Boards et al, and School Board
policies.
This
is only a summary listing. You should contact the Federation for assistance
with other types of problems, including situations where:
·
You experience a problem with a
supervisor or principal
· You have been sexually harassed, or if
you are accused of sexual harassment
· You are the victim of discrimination
because of race, sex, age, handicap, religion, or national origin
· Your personal property/vehicle/etc. is
damaged such as by vandalism
· You experience a problem with a co-worker
· You have any other work-related
questions or problems
Conclusion
Space does not permit us to list or discuss
in detail all of the problems that you may experience, and offer suggesting
on each one. The "bottom line:" each of the above situations
should be a "red flag" signal for you to contact the Federation
for assistance, advice, and representation. Educators enjoy rights and
protections under law. Above all, remember: Rights are useless if you choose not to exercise them.
We hope that this legal reference guide
has been helpful.
2. How to
exercise your rights
when you suffer
a work-related injury.
Louisiana laws grant
rights and protection to educators who suffer injuries during the course of
employment. Your pay and benefits will depend upon whether you were injured
due to an assault/battery, or due to physical contact while providing
physical assistance to a student, or from other causes.
1. WHAT IS
"WORKERS' COMPENSATION?"
Worker's
compensation benefits are benefits that you receive when you are injured in
the course of employment. This includes both payment of wages and medical
expenses.
2. IF I AM INJURED IN THE COURSE OF EMPLOYMENT,
WILL I CONTINUE TO RECEIVE FULL SALARY? WILL I BE REQUIRED TO USE SICK
LEAVE DAYS?
The amount of salary will
depend on the cause of your injury.
· If your injury
was caused by an assault or battery by a student or any other person, you
are entitled to receive full salary for the duration of your disability,
without any loss of sick leave days.
· If your injury
was caused by physical contact with a student while assisting a student to
prevent injury to the student, you are entitled to receive full salary for
up to one year (teacher) or ninety days (non-teacher) because of your
disability, without loss of sick leave days. If you are still disabled, you would
receive workers' compensation wages (see next paragraph).
· Otherwise, you
will receive "workers' compensation wages," which consists of 66
2/3 percent of your regular salary, up to a maximum of approximately
$420.00 per week. You have the right
- at your option - to use accumulated sick leave days to supplement this
partial salary. You would receive
sick leave pay in addition to workers' compensation wages, to equal (but
not exceed) your regular salary. A
formula is applied, so that you are not required to use a full sick leave
day for each day that you are absent because of your injury. Teachers who have exhausted sick
leave days, and are still disabled, may receive "extended medical
leave" in addition to workers' compensation wages, not to exceed full
salary.
3. IS THE SCHOOL BOARD REQUIRED
TO COMPENSATE ME FOR MY PAIN AND SUFFERING?
Unfortunately, no. However, the person who committed the assault
or battery is liable. Additionally, parents are liable for the actions of
their minor children. We recommend
that you contact the local Federation office, the LFT, or an attorney to
determine your individual rights.
4. IF I AM INJURED GOING TO AND FROM WORK, IS THE
SCHOOL BOARD REQUIRED TO PAY WORKER'S COMPENSATION?
Usually
no, unless you are on a work errand.
5. IS THE SCHOOL BOARD REQUIRED TO PAY MEDICAL
BILLS OR TRANSPORTATION COSTS?
Yes. This includes doctor bills, hospital bills,
both prescription and non-prescription medication, and medical devices
recommended by the doctor, and certain transportation costs to and from the
doctor and hospital for treatment.
You must obtain prior approval for any expenses over $750 per medical
provider.
6. MAY I CHOOSE MY OWN DOCTOR FOR TREATMENT?
Yes,
you may select one doctor of your choice in each specialty field. However,
you may not change doctors unless you obtain prior approval. The School
Board may require you to be examined by a doctor of their choosing,
but may not require you to be treated by a doctor of their choosing.
7. If I am injured on duty, what procedure
am I required to follow in order to report the injury to the School Board?
Immediately
report the injury to your department head or supervisor. Next, complete an
"Employer's Report of Occupational Injury or Disease" form as
quickly as possible, preferably within 24-72 hours of the injury. If your injury was caused by an assault,
battery, or by physical contact while providing assistance to a student,
then it is vital that you indicate this on the form. Examples:
"I was hit . . ."
"I was assaulted . . ."
"I was injured while I was breaking up a fight . . ."
8. If my principal or
supervisor requires me to submit a written statement, should I do so?
Yes. We recommend that you immediately contact
the LFT for assistance.
9. Am I required to
produce A doctor's certificate?
Yes. You are required to present a certificate
from a physician certifying your injury and disability. You must also comply with school board
policies.
10. should I obtain written statements from
WITNESSES?
Yes. If the witnesses are students,
particularly young children, you may want to consult with the LFT or your
supervisor for assistance. Depending upon the particular situation, you may
want to ask your principal or supervisor to obtain statements for you.
11. If I am the victim of
an assault or battery, should I press criminal charges against the person
who committed the assault or battery?
This
is entirely up to you. We strongly recommend that you contact the LFT or
otherwise seek legal advice, since the circumstances will vary from case to
case.
12. What SHOULD I DO if the school board refuses
to pay worker's compensation, or stops paying it?
Immediately
call the LFT or your local Federation office. There are strict time limits
for you to file the required documents. If you delay, you could lose
valuable rights.
One final note: this is an
area of law where there is a great deal of misinformation. Additionally, both laws and procedures
change from time to time. We
strongly recommend that you stay in close communication with the LFT.
3. What you
must do when you have cause to believe that a child is being abused or
neglected.
Important: This
contains dated material and is subject to revision. Revised 7/00
The
National
Center on
Child Abuse and Neglect estimates that approximately one million children
are maltreated by their parents or other persons each year. As an educator, you are in a unique
position to play a crucial role to obtain badly needed help for abused and
neglected children. Louisiana
laws require you to take action when you have cause to believe that a child
has been abused or neglected, and impose criminal penalties if you fail to
make a report.
1. WHAT IS CHILD ABUSE AND NEGLECT?
There
is no standard definition as to what constitutes child abuse. Child abuse
includes any non-accidental trauma suffered by a minor, resulting in
physical or emotional injury.
Generally, there are four types of abuse: physical, emotional,
sexual, and neglect.
2. WHAT ARE SOME SIGNS OF ABUSE OR NEGLECT?
Some
"warning signs" are repeated skin injuries and bruises, punctures
and burns to the skin, or repeated fractures. Children are often fearful
and have a difficult time expressing the terrible things that have happened
to them. The child’s explanation may
sound suspicious. A child may become suddenly withdrawn, is unusually
fearful, or constantly seeks attention, or talks about inappropriate
topics. You may want to look for sudden and unusual poor school performance
and adjustment. Your local Office of
Community Services (Child Protection Agency) should respond to questions.
3. HOW DO I KNOW WHETHER I AM REQUIRED TO
MAKE A REPORT?
Louisiana law requires
most school employees to make a report if
you have cause to believe that a child's physical or mental health or
welfare is endangered as a result of abuse or neglect.
4. DO I NEED DEFINITE PROOF OF ABUSE BEFORE
I MAKE A REPORT?
No.
You are not required to have proof that abuse or neglect has occurred before
you report it. You are not required to know the identity of the person
responsible for committing it.
5. WHAT IF I DON'T KNOW THE IDENTITY OF THE
PERSON WHO COMMITTED THE ABUSE? AM I STILL REQUIRED TO REPORT IT?
You
are required to make a report even if you don't know the identity of the
perpetrator.
6. AM I PERSONALLY LIABLE IF I MAKE A REPORT
AND IT TURNS OUT THAT THE CHILD WASN'T ABUSED OR NEGLECTED?
If you made your report in good faith, you are
immune from liability.
7. IS IT TRUE THAT I MAY BE ARRESTED IF I
FAIL TO MAKE A REPORT?
Yes! If you have
cause to believe that a child's
physical or mental health or welfare is endangered as a result of abuse or
neglect, and you willfully fail to report it, you may be accused of a criminal offense, resulting in a possible misdemeanor conviction.
8. IS IT NECESSARY THAT I MAKE MY REPORT IN
WRITING?
Yes.
Your initial report should be by telephone, but you are required to submit
a written report within five days of your telephone call.
9. WHAT HAPPENS WHEN I MAKE A REPORT?
A
caseworker should immediately begin to check out the facts. If the child is in danger, a Judge may
place the child under the protection of the state.
10. CAN I GIVE MY REPORT ANONYMOUSLY?
No.
The written report must include your name.
11. HOW DO I MAKE A REPORT?
If
you have cause to believe that the child's caretaker has committed the
abuse or neglect, you must make the report to the local office of the
Office of Community Services/Division of Children, Youth, Family Services
(Child Protection Agency).
If
you have cause to believe that someone else has committed the abuse or
neglect, you must make your report to the local Sheriff's Office or Police
Department.
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