Know Your Rights

Question 1: When can an educator file a grievance?

Answer: An educator should always refer to the district’s board policy prior to filing a grievance.  Most policies state that a grievance can be filed when the following occur: there is no board policy regarding a matter; there is a policy that is unfair; an action taken is considered a deviation from a policy; or there is misapplication of a policy.

Question 2: What is the timeline for filing a grievance?

Answer: The exact timeline for filing a grievance should also be reviewed in the school board policy.  Most policies state that a grievance should be filed either 5 or 10 days after the educator knew or should have known about a board policy violation. 

Question 3: How does an educator request reasonable accommodations?

Answer: An educator should request reasonable accommodations (i.e. working virtually), by sending a letter, email, or a request form to the immediate supervisor.  Some districts also have a 504 coordinator or a civil rights coordinator who handles these matters and can be carbon copied on the requests. The principal should be informed of the request prior to the human resource personnel.

Question 4: Do educators have a right to COVID sick leave during the 21-22 school year?

Answer: The CARES Act allowed educators to receive sick leave for certain conditions during the 20-21 school year.  This right expired December 31, 2020.  For the 21-22 school year, there is no direct right to “COVID days” according to a federal mandate.  However, some districts have allowed employees to receive sick leave days utilizing the federal allotted ESSER funds.  An employee should inquire within the Human Resource Office about this option.

Question 5: What should an educator do if he/she feels that the principal is harassing him/her?

Answer: An educator should speak with the local Uniserv Director about the examples of harassment.  Prepare a list of the conceived modes of harassment. The Uniserv Director can help distinguish the list. Thereafter, schedule a face-to-face meeting with the principal to discuss the concerns. Document the discussion and the follow up actions taken by the principal.  Contact your Uniserv Director if no efforts have been made to resolve the matter. 

Question 6: Can I maintain my license if I leave my teaching position?

 

Answer: You can maintain your license if you continue to take the necessary coursework requirements to keep your teacher's certificate updated.

Question 7: What rights do I have if a family member or I become sick and I need to leave my position?

Answer: If you have signed a contract with the school district, you can always ask for a release from the contract. Typically, the school districts tell educators that they will be allowed to end the contract if the school district can find a suitable replacement for the position. The school district will then post the position to look for another employee. Typically, illness is considered a better reason to request a release and more likely to be accommodated.

If the school district chooses, they may submit your name to the South Carolina State Board of Education for a breach of contract violation. The typical discipline for this infraction is a one-year license suspension.

Question 8: Is there a limit on the time I am required to stay after school for meetings and other responsibilities assigned to me?

Answer: Unless otherwise stated in your contract, the school district can ask an educator to stay after school for a reasonable time to attend meetings, for example. A reasonable time is dependent upon what the educator is being asked to do and the time being asked to complete the assignment. Each situation is reviewed on a case- by-case basis.

Question 9: Am I allowed to use my work email or phone to advocate for changes in school/district policy?

Answer: You should use your personal email and phone for advocacy. An educator cannot use the school email, phone, or any property of the school to conduct business outside of the school's usual course of business.

Question 10: Am I allowed to write letters to an editor, publish blogs, or produce podcasts sharing my opinions on school/district policies?

Answer: You are only allowed to write letters to editors etc. on your own time and during your own personal hours. Be mindful that the school matters discussed in these settings should be of public concern (not matters involving a personal grievance) are not protected by the First Amendment.