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Here are some questions VEA members have asked and general answers from VEA’s staff attorneys. More specific advice always depends on the particulars of each individual case. To see the answers, select any of the questions below.

Do you have a question for the VEA Attorney? Submit your question here. Although we are unable to answer questions individually, those selected will be featured in this section.

Can a representative attend my meeting with the principal?
Question:

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?

Answer
How can I get paid?
Question:

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

Can I get fired because of a "break in service?"
Question: 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. Answer
Will my benefits change over the summer in another school division?
Question: I am hoping to get a job in another school division but worry I won’t have salary or health insurance over the summer Answer
Why are less experienced teachers getting bigger raises?
Question: 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? Answer
Do I have the right to know who can look at my files?
Question: Who is allowed to look at my personnel file? Must I be told who looked at my file, when, or why? Answer
Are insurance coverage changes allowed during the school year?
Question: 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? Answer
Must I attend meetings during my planning period?
Question:

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

How can I protect myself from student threats?
Question: 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? Answer
What do I need to do before I go out on sick leave before the winter holidays?
Question: 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? Answer
Is my job protected when I'm volunteering out-of-state?
Question: Is my job protected if I volunteer to work out-of-state with hurricane victims? Answer
Should I drive students home after school practices?
Question: 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? Answer
Can my teacher placement be changed?
Question: 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. Answer
Can I say "no" to direct deposit of my paycheck?
Question: The School Board does not want to issue paychecks but I do not want direct deposit. What can I do? Answer
Can I decorate my classroom for Christmas?
Question: 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? Answer
Can I be paid overtime?
Question: 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?   Answer
If I was put on bed rest, why can’t I use leave from the sick leave bank?
Question: 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.  Answer
How do I handle medical procedures in my classroom?
Question: 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.   Answer
Is it legal to impose a dress code on teachers?
Question: 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? Answer
How can I be protected physically from a dangerous special education student?
Question: 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? Answer
What is the law on class size?
Question: 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? Answer
What is the standard for personal use of a school computer?
Question: 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? Answer
Do I have to attend Parent Organization meetings?
Question: 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? Answer
How do leave and insurance work when adopting a baby?
Question: 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? Answer
Can I deduct rental fees for storage units for educational materials from my taxes?
Question: 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? Answer
Do I have a right to know if one of my students is charged with a violent offense?
Question: 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. Answer
Do students have to make up snow days lost? Will teacher pay be cut if they don't?
Question: 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? Answer
Who owns my lessons plans?
Question: 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? Answer
When are three years up for continuing contracts?
Question: 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? Answer
How do I handle competing divorced parents?
Question: 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? Answer
Who has final authority over grades?
Question: 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? Answer
Can we conduct a raffle for a scholarship?
Question: Our local association is trying to raise money to award a scholarship to a future educator. Can we run a raffle? Answer
When do I need to declare my intent to return?
Question: 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? Answer
Can the tax collector garnish my paycheck?
Question: 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? Answer
Is religious music permissible?
Question: 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. Answer
What about my job if I go on active duty?
Question: 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? Answer
Do I have a right to be interviewed for promotion?
Question: 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? Answer
May I write my political opinion to a newspaper?
Question: 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? Answer