Continued ...
Utah law now prohibits districts from terminating employees who happen to live in another school district.
While these rights are personal to each of us, we have other rights secured by the Association through legislation. Prior to 1974 teachers could be sued by students and parents for accidents or injuries. In 1974 the Association secured passage of legislation which absolutely and in all cases requires school districts to defend and indemnify (pay) all actions and judgments against a school district which arise out of their employment EXCEPT where the teacher acted with malice (intentionally), fraud (theft) or involving drunk driving. In 1985, the legislature enacted a criminal defense law which requires school districts to pay the criminal defense costs where teachers are charged with and acquitted of criminal acts arising from their employment. Unfortunately, districts tend not to indemnify and defend employees charged with criminal conduct.
There is another source of teacher's rights. Realistically, it is the most important because the rights are tailor-made for educators. Those rights arise out of the master agreements between the association and the school board, or in those districts which do not negotiate with the association, board policy. I'm going to refer to both board policy and the master agreement as the master agreement, but it means and includes board policy. The master agreement should provide for sick leave benefits. It should provide for insurance benefits. It should provide for personal leave days, and association leave days. It should provide that the association is recognized as the exclusive representative of the association and is entitled to exclusively exercise the rights granted under the agreement. Most important, the agreement should provide for a grievance procedure, define grievance, and remediation procedures for teachers whose performance is found to be below minimally acceptable. Many master agreements contain provisions for professional leave, attendance at conventions or continuing education courses, pay for extra duties, jury duty, military leave, fellowship grants, summer employment, sabbatical leave and employment rights on return, teacher rights when assaulted by a parent or a student, rights regarding how materials are placed in a personnel file, and when materials must be removed. Some agreements require the district to provide insurance to compensate when the teachers personal property used at the school for school purposes is stolen or destroyed. More important recently are provisions for reduction in force clauses based on seniority and the right of recall. Some associations facetiously negotiate for maximum class size (the practice is real in most states). In these days of privatization, associations may negotiate to preclude contracting out where there is a teacher that could perform the work without first offering the work to teachers. It is entirely possible to negotiate portions of the district's evaluation and tie evaluation to the grievance procedure. Associations regularly negotiate the provisions relating to cause for termination. Many agreements include provisions which preclude administrators from assigning teachers to perform non-teaching duties. Voluntary and involuntary transfers are subject to negotiation and agreement. Obviously, salary, lanes, advancements, and benefits are rights which may be obtained in master agreements.
Recently, the UEA has been stressing improving teaching. A negotiated agreement can provide released and preparation time, reduced class size, increased access to equipment and facilities, training, and for a quality educator evaluation program.
Almost any term or condition of employment is subject to negotiations and creates teacher rights which may be enforced by the courts when part of a negotiated agreement.