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Got a question? We have answers

VEA Attorney Dena Rosenkrantz has spent years answering tough legal and job-rights questions posed by members. Read her responses to frequently-asked questions and thorny dilemmas below. If you are a VEA member and have a question on school law or policy, contact Rosenkrantz at drosenkrantz@veanea.org. Selected questions may later be used here in the legal questions file.

If I'm Laid Off, Can I Get Unemployment Benefits?

I've been notified that my teaching contract will not be renewed for next school year. I know other teachers are being laid off because of state and local budget cuts. If I don't find another teaching job, can I get unemployment benefits?

Can I Use My Own Curriculum Materials?

I teach literature and like to show students performances of plays or movie versions of novels we read. I have a good personal collection of these recordings, but my school restricts me to using a much more limited selection of school-owned recordings. I thought teachers could show recordings as "fair use." Why should I use the school's limited library instead of my own?

Can the General Assembly change my retirement benefits?

I hear the legislature is considering making changes to my pension in the Virginia Retirement System. Who would be affected by any changes?

I've been subpoenaed. What do I do?

I have been served with a subpoena to testify in a custody dispute over a student in my class. The subpoena also orders me to bring this student's records to court. What should I do?

Is my teaching job safe in this recession?

The downturn in the economy has me worried. How safe is my job?

Politics in class: what you should know

The November elections are important for my classroom and students. Are public school employees able to participate in political activities?

Who is allowed to look at my personnel file?

Who is allowed to look at my personnel file? Must I be told who looked at my file, when, or why?

When and how much do I get paid?

I just moved to Virginia for my first teaching job. I'm very excited and looking forward to starting class. As I try to plan my lessons, I'm also working on my personal budget. I need to know when I get paid, how much, and how often.

Am I entitled to overtime pay?

This year, I will be teaching five different preparations and maybe handling an overload of students or an extra class. Am I entitled to overtime pay?

What are the 'other duties' not specified in my contract?

I just signed my first teaching contract. I am concerned about one paragraph that refers to "other duties" I may be asked to perform. Other than teaching my students, what duties may I have to do?

Who is allowed 'free' time during lunch?

I am a teachers aide. My principal said that I have to leave the cafeteria while the teacher and students I work with eat lunch. I feel badly getting free time while the teacher has to eat with our students. Why do I get free time and the teacher does not?

Don't cuts in our insurance plan violate our continuing contract rights?

Teachers in my county are paying increased premiums for group health insurance that offers less coverage. Years ago, we went without salary increases so the school employer would continue paying the full premium for the employees' individual health insurance. Since then, the school division has frozen its contribution for health insurance premiums at less than the cost of individual coverage. Don't these cuts violate our "continuing contract" rights?

Why doesn't my paycheck reflect the hours I spend at school?

I am a Teaching Assistant who spends 7 1/2 hours at school every weekday. But my paycheck shows I get paid for 35 hours a week. Is that legal?

I feel I'm being harassed by my principal. Can I sue?

I believe that I am being harassed and work in a hostile environment. My principal singles me out. Unlike other teachers, I am forced to turn in written lesson plans. My class is visited and observed more often than anyone else's. The stress is getting to me, and I want to sue.

Can I keep my Facebook account?

I've had a Facebook account since I was in college and it is not racy in any way. But I hear warnings that teachers shouldn't even have a personal online presence. Is there any legal reason why I couldn't keep my account?

How many students am I supposed to be teaching?

How many students am I supposed to be teaching? And is that number different for elementary and secondary teachers, or for music teachers?

Does VEA-provided insurance cover tutors?

Does my Association-provided insurance policy cover me if I am hired as a tutor?

Can a representative attend my meeting with the principal?

My principal is not happy with my work. I was forced to sit through a meeting so the principal and another school administrator could tell me all the things I am doing wrong. I don't think it was fair to have two against one. Don't I have the right to bring someone with me to be on my side?

Will my benefits change over the summer in another school division

I am hoping to get a job in another school division but worry I won't have salary or health insurance over the summer.

Why are less experienced teachers getting bigger raises?

The School Board is raising teacher salaries but younger, less experienced teachers are getting bigger raises than older teachers with years of experience. Isn't this discrimination?

What do I need to do before I go out on sick leave before the winter holidays?

I am expecting a baby at Christmas and plan to go on leave with pay using accumulated sick leave. Will I be charged sick days for the winter holidays when school is closed? And can my Principal insist that I work up to the last day before the winter holiday and submit lesson plans while I am out?

Should I drive students home after school practices?

As a teacher and coach I sometimes wait with students who need a ride home after practice. My principal suggested I drive kids in my car. Do you think I should give kids a ride?

Must I attend meetings during my planning period?

I am often required to perform duties or attend meetings during my planning period. Is that legal?

Is my job protected when I'm volunteering out-of-state?

Is my job protected if I volunteer to work out-of-state with hurricane victims?

How can I protect myself from student threats?

One of my students threatened to stab me and beat me up in the parking lot. My principal wants to allow the student back into school and into my classroom. What can I do?

How can I get paid?

The school board does not want to issue paychecks but I do not want direct deposit. What can I do?

Do I have the right to know who can look at my files?

Who is allowed to look at my personnel file? Must I be told who looked at my file, when, or why?

Can my teacher placement be changed?

I am a confused new teacher. I was hired by the principal at my neighborhood school and spent a lot of time this summer planning and preparing for the class I expected to teach. But just before the start of school I was moved to a different school building and a different grade. I did not have time to redo everything, and feel vulnerable because the new principal does not know me.

Can I get fired because of a break in service?

I left public school teaching when my children were young. I did tutoring, worked in private schools and kept my teaching license. Now that my children are in school, I am happy to return to full-time public school work. But I am nervous. My principal said I had a break in service that allows him to fire me.

Are insurance coverage changes allowed during the school year?

After signing up for family insurance coverage, my husband took a new job that offers him insurance. Can I make changes in my coverage during the school year?

If I was put on bed rest, why can't I use leave from the sick leave bank?

I am pregnant and was placed on bed rest because of complications, I asked about getting leave from the local sick leave bank but was told the bank can't be used for pregnancy or child care.

Can I say no to direct deposit of my paycheck?

The School Board does not want to issue paychecks but I do not want direct deposit. What can I do?

Can I decorate my classroom for Christmas?

Christmas is coming and I have lots of questions. Can I decorate my classroom, have my students read or write about the holiday, invite parents to a holiday assembly?

Can I be paid overtime?

I read a newspaper story about schools paying coaches overtime. Now a law firm is advertising meetings. What is this about? Can I get overtime?

How do I handle medical procedures in my classroom?

I teach kindergarten and have a diabetic student in my class. The student goes to the school nurse for blood sugar checks and insulin injections. But the Principal wants me trained to perform the blood sugar checks and insulin injections so I can do them when the nurse is not available. I don't want to use needles and give shots, what can I do?

Is it legal to impose a dress code on teachers?

The school board just adopted a new dress code for students. Now the Board wants to adopt a dress code for teachers. I don't think the board should tell adult teachers how to dress. Is it legal to impose a dress code on teachers?

What is the standard for personal use of a school computer?

My principal spoke to me after I used school e-mail to ask a colleague out. The principal said the message violated school board policy and I should never use the school computer that way again. Is this standard policy?

What is the law on class size?

I think budget worries at the state and local level are going to mean more students in my classroom. What is the law on class size?

How can I be protected physically from a dangerous special education student?

I am part of a team teaching at a K-6 school with autism. My team has a 6th grade autism student who is physically hurting teachers. His behaviors include: butting with head and knocking down, fingers around throat, pinching, and scraping. What rights do the teachers have to teach and not be hurt? His dad died this summer and mom is also black and blue, but refusing to do anything but leave him with us. He is becoming too much for us. We have removed almost all students from the same room leaving him alone with a single teacher. What are our options?

Do I have to attend Parent Organization meetings?

My principal wants every teacher to join the Parent Teacher Organization and come to meetings. I am taking graduate courses and can't attend PTO meetings in the evening. What can I do?

How do leave and insurance work when adopting a baby?

My wife and I teach in the same Virginia school division. We are adopting a baby. Can we each take leave? Does the summer recess count as leave? Will we get paid? Will we still have group insurance if we are not paid? Can we use sick leave? What if our baby has medical problems?

Do students have to make up snow days lost? Will teacher pay be cut if they don't?

Old man winter hit hard this year and school has been closed many days because of snow and ice. Do students have to make up lost instructional time? Can teacher pay be cut if students do not make the time up?

Do I have a right to know if one of my students is charged with a violent offense?

One of my technical center students told me he is going to court soon for a very serious offense. He would not tell me the charges but he is not allowed to go back to his job in the apprenticeship program. I am concerned that this student is still in my class and would like to get more information about his police record.

Can I deduct rental fees for storage units for educational materials from my taxes?

For the past year I have rented a storage unit near my school that I have used exclusively to store some of my educational materials that I use in my classroom. Is the rent that I pay for that storage unit deductible as an Employee Business Expense on IRS Form 2106?

Who owns my lessons plans?

Can I be required to provide lesson plans for a collection of instructional materials that my school system is developing? I know I am required to prepare lesson plans, but why should the system get to make money by publishing my work to sell to other teachers?

Who has final authority over grades?

I teach high school. I am getting tired of students and their parents questioning grades. I am happy to review assignments and student work, and can be convinced to change a grade after going over the student's work. But more recently I have been asked to give alternative assignments to students who did poorly, or did not even complete the original assignment. As a teacher shouldn't I have final authority over assignments and grades?

When do I need to declare my intent to return?

Every year the school division sends me a form at the beginning of second semester asking if I intend to return next school year. I like my job but would also like to look around at other teaching positions that may pay better or be closer to my home. I don't want to quit the job I have without finding another. But this form makes it sound like I have to make up my mind to stay or go before I even get the chance to look. Am I stuck?

When are three years up for continuing contracts?

I have a question about tenure. I began working for a Virginia school division on November 11, 1999. Am I entitled to a new tenured contract on November 11, 2002 when I have completed three years of teaching service?

What about my job if I go on active duty?

I am a teacher, a military veteran and a member of the reserves. Is my job protected if I am called up for active duty?

May I write my political opinion to a newspaper?

I am a teacher in Virginia. I would like to write a letter about the upcoming election to my local newspaper but I don't want it to hurt my job. May I express my opinion in the local paper on a political issue?

Is religious music permissible?

I teach chorus and vocal music in a public high school. I get conflicting opinion about whether I can have the chorus perform religious music, such as Christmas carols. I love the repertoire and think students learn a great deal from performing it. But I worry that the religious content may make some students uncomfortable.

How do I handle competing divorced parents?

I am a happily married elementary school teacher caught in the middle of a nasty divorce. The divorced parents of a student in my class both want to be involved with the student's education but want nothing to do with each other. To make matters worse, they are both remarried and each objects to my having anything to do with the other's new spouse. What do I do?

Do I have a right to be interviewed for promotion?

I have taught in this county for more than 20 years. I want a job in administration and have the qualifications. An assistant principal from my school retired at the end of last school year. I told my principal that I was really interested, but an inexperienced teacher got the job. The position was never posted or advertised, and I was never even interviewed. Is that legal?

Can we conduct a raffle for a scholarship?

Our local association is trying to raise money to award a scholarship to a future educator. Can we run a raffle?

Can the tax collector garnish my paycheck?

I was lucky to inherit some real estate in the same locality where I am employed as a teacher. There is no mortgage on the property so I pay the taxes directly. Unfortunately I fell behind and now the local tax collector has threatened that I won't get a paycheck. I know I owe the money but how can they take my paycheck?

From The VEA Attorney Main Intro

From The VEA Attorney Main Intro