Educator Rights and Responsibilities
Be aware of and be compliant with the Code of Ethics for Professional Educators: As an educator, you are a professional and hold a professional certification. Like many professional occupations there is a Code of Ethics by which you must abide. Become familiar with the Code of Ethics and the ten principles. If you run into a situation where there is a question about whether certain behaviors comply with the Code of Ethics, talk to a colleague, your local association building representative, or your local association president. Many ethical mistakes can be avoided by simply asking the question.
https://sde.idaho.gov/cert-psc/shared/ethics/Code-of-Ethics-for-Professional-Educators.pdf (Code of Ethics for Professional Educators)
Always maintain your professionalism. Teaching can be hard work and many teachers can find themselves from time to time in situations where they are poorly treated by students, parents and administrators. In the heat of the moment, it is easy to react and do things that you never thought you would do, or say things you know you should not say. Be very thoughtful in these situations and remember the noble profession you represent. Take the high road. There will be plenty of time to vent at a later date.
http://www.interventioncentral.org/behavioral-interventions/challenging-students/dodging-power-struggle-trap-ideas-teachers (Helpful article with various difficult-situation tactics)
Turn in your employment contract on time. There are a limited number of days you have to return your signed employment contract. Idaho law states that you have between 10 and 21 days to return your employment contract. These contracts are a standard form maintained by the State Department of Education. There is no deviation from these form contracts, unless you work in a charter school. The standard contracts contain many rights that are incorporated into the contract by reference, such as all applicable laws and regulations, your local board policy, and the local negotiated Master Agreement. Failure to return your contract in time will likely result in your position being declared vacant for the next school year. So watch those dates carefully!
http://www.sde.idaho.gov/topics/admin-teacher-contracts/ (SDE page with all the standard contracts)
https://legislature.idaho.gov/statutesrules/idstat/Title33/T33CH5/SECT33-513/ (Idaho Code provision on timelines to accept a contract)
Do not abandon your contract. Get permission. Once you sign your contract for the next school year, you are legally obligated to work for that school district. Failure to do so is a violation of the Code of Ethics for Professional Educators, Principle VIII. If you fail to fulfill your contract it will more than likely lead to a report to the Idaho Professional Standards Commission, the governmental body that determines whether a teacher has violated the Code of Ethics. Discipline for violations of the Code of Ethics can range from a reprimand to revocation, depending on the facts. If circumstances force you into an inability to fulfil your contract (like a spouse transferred to another state, or a medical emergency, etc.), then you should approach your school district’s board of trustees with the help of the IEA and ask permission to be released from your contract. Many Boards understand that life is unpredictable and will release you from your contract.
You must report child abuse, neglect or abandonment. As an educator you may witness incidents of children being harmed, or circumstances that would result in harm. Idaho law requires everyone who has reason to believe that a child under 18 has been abused, neglected or abandoned to report it to a proper law enforcement agency, such as the police or child protection services (CPS), and to do so within 24 hours. The law also requires reporting when someone observes a child being subjected to conditions or circumstances that would result in abuse neglect or abandonment. To do so, you must either directly report of facts, or cause the facts to be reported. If you ever do need to make a report, do it in writing so that you can prove you did it. Failure to report is a criminal offense.
https://legislature.idaho.gov/statutesrules/idstat/title16/t16ch16/sect16-1605/ (Idaho Code section on reporting child abuse, neglect or abandonment)
Rebut Negative Evaluations. Many teachers, quite reasonably, are reluctant to rock the boat when they receive relatively minor criticism in an evaluation from an administrator. This approach may be the appropriate response — particularly where the critical comment is an isolated occurrence and will not likely lead to any adverse employment consequences. However, in those situations where a school district administrator and a school board use prior criticisms to justify placing a teacher on probation for performance reasons, a failure to timely respond to the criticisms may be viewed, as a practical matter, as agreement with the administrator’s adverse comments. Idaho law provides all education employees with the right to notice of what is placed in their personnel file, and to respond to anything placed in their personnel file, including evaluations. Teachers and other educators should not be shy about exercising this right.
Apprise IEA Staff as Soon as Possible Concerning Employment Issues. Time is often of the essence in protecting and pursuing your rights. The IEA will be less effective in its ability to advocate for your rights if there are delays in contacting your association. IEA staff are trained advocates who truly want to help and can handle matters in an efficient and confidential manner. Do not hesitate to contact the IEA when issues arise, or it looks like there may be problems on the horizon.
Be bold when accused of misconduct or criminal wrongdoing. Most teachers, when faced with accusations of misconduct or criminal acts, want to either explain themselves, justify their conduct, or profess their innocence to either school district authorities or law enforcement. However, even when a teacher is innocent of wrongdoing, oral or written statements made to school administrators or law enforcement can be inaccurate or misconstrued. Teachers, like all other citizens, have a constitutional right to remain silent, obtain legal counsel, and not make statements against themselves. In the relatively rare circumstances where an educator is accused of misconduct or criminal wrongdoing, the educator should not volunteer to give an oral or written statement; rather, they should immediately contact their region director who will put them in touch with IEA legal counsel for advice.
Keep your own set of professional papers. Every educator should have a “Professional Papers” file that includes records and documents relating to his or her employment. Start yours by finding your teaching certificate and putting it in the file. Keep the file in a safe place at your home. Check off the items listed below as you add them to your file. Continue to add to and maintain the file throughout your career. It will serve you well.
- Your teaching certificate
- College transcripts
- Your current teaching contract and any supplemental contracts
- Leave records
- Any letters of reprimand or praise
- All professional evaluations going back to your initial employment
- Documentation of awards, commendations, or honors you receive
- Records of any job-related seminars, workshops, or conferences you attend
- Letters to and from parents
- Record of any incidents that may increase your liability, such as disciplinary actions, student accidents, and so forth
Additional links
Idaho Education Association (https://idahoea.org/)
National Education Association (http://www.nea.org/)
NEA 360 (https://www.mynea360.org/)
NEA edCommunities (http://www.nea.org/home/edcommunities.html)
Idaho State Department of Education (http://www.sde.idaho.gov/)
Idaho Board of Education (https://boardofed.idaho.gov/)
Idaho Professional Standards Commission (http://www.sde.idaho.gov/cert-psc/psc/)
Idaho Code Title 33 (Education laws) (https://legislature.idaho.gov/statutesrules/idstat/Title33/)
Idaho Human Rights Commission (https://humanrights.idaho.gov/)
Equal Employment Opportunity Commission (https://www.eeoc.gov/)
U.S. Department of Education, Office of Civil Rights (https://www2.ed.gov/about/offices/list/ocr/index.html)
Idaho Child Protection Services contact numbers (https://healthandwelfare.idaho.gov/Children/AbuseNeglect/ChildProtectionContactPhoneNumbers/tabid/475/Default.aspx)
Idaho Department of Labor (https://www.labor.idaho.gov/dnn)
Idaho Ed News (https://www.idahoednews.org/)