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Utah Educators' Rights 2004
Utah Education Association
Susan Kuziak, Executive Director
Pat Rusk, President 2004

Professional Rights and Responsibilities links:

Membership Professional Liability Insurance: http://www.utea.org/qtl/rights/horace.htm

Professional Ethics: http://www.utea.org/qtl/rights/conduct.htm

UEA Represents your interests: http://www.utea.org/qtl/rights/UEARepresentsYou.htm

Short History of Teacher Rights: http://www.utea.org/qtl/rights/history/rightshistory.htm

 

Background
Many years ago, public employees were deemed to have few or no employment rights. Employment was "at will" which meant, absent a contract, the employee was free to quit at any time and the employer was free to terminate the employee at any time. Reasons need not be given. While the "legal equation" appeared balanced, the reality was that the employer had tremendous leverage over the employee. Over the years, the employee sought to equalize the bargaining power of emplohyees through unions and legislation.

To provide stability in the workforce, boards of education required educators to sign one-year contracts requiring the educator to provide services for one full year. These contracts generally gave the district the right to terminate the employee with little or no notice. Educators had no right to expect continued employment beyond the school year unless the contract was for moe than one year.

Educator Rights Must Be Written Somewhere
Educator rights are found in written documents - U.S. Constitution, federal laws, the state constitution, state laws, district policies and handbooks, and negotiated agreements. With few exceptions, educators' rights are not implied or extended beyond the written agreement or board policies. Additionally, vague language is not construed by the courts in favor of the educator. School districts claim the right to construe language according to what the board wants.

Constitutional Rights
The U.S. Constitution prohibits government from establishing (promoting) religion or interfering in the free exercise thereof; it prohibits unreasonable searches in schools, taking life, liberty or property without due process of law, denying equal protection of the law, and nonconsensual self-incrimination in criminal cases; it protects the rights of assembly, speech, the press, and privacy. It also prevents states and school districts from impairing contracts (a right important to those relying on the state retirement system). The Constitution of Utah protects most of these same rights.

Statutory Rights
a. Civil Rights. Federal and state laws prohibit employment discrimination on the basis of gender, religion, age, color, national origin and disability. All employees have a right to work in an environment free of conduct which perpetuates discrimination based on these protected classes. The EEOC has adopted rules designed to prevent sexual harassment. Age discrimination protects employees age 40 and over, et. al. All of the civil rights laws require that the employee file a written complaint within a short time afte the employer took the discriminatory action against the employee - usually within 180 days. The complaint is filed with the EEOC (federal) or the Utah Anti-Discrimination and Labor Division (state).
b. The Family and Medical Leave Act (FAMLA). FAMLA requires school districts to provide leave to most employees employed for more than a year for reasons related to their own health, chuild birth, adoption, or foster care, and to take care of an ill relative. The law provides up to 12 weeks of unpaid leave for employees of school districts that have more than 50 employees. Most districts provide that some or all of the leave is paid. The employer must notify the employee that the 12-week period is running.
c. The Occupational Safety and Health Act (OSHA). OSHA is a federal act enforced by the state of Utah. OSHA requires all districts to provide a safe working enviornment for employees.
d. Utah Orderly School Termination Procedures Act (UOSTPA). The UOSTPA requires that career educators be provided with due process before they can be involuntarily terminated. Due process means that a career educator must be warned in writing at least 90 days abefore the end of the contract year that his/her contract of emmployment is in question and given the reasons therefor and an opportunity to improve. If the educator does not improve, notice of termination must be given at least 60 days before the end of the contract term.
e. Utah Educator Evaluagtion Act (UEEA). The UEEA requires that all educators be evaluated using valid and reliable criteria and procedures, i.e., related to their duties. Provisional educators are entitled to have a mentor assigned to them if they are having difficulties performing their duties. The UEEA requires that districts which identify an educator as having performance problems provide the educator with a written remediation plan and assistance.

f. Utah Professional Practices Act (UPPA). The UPPA creates a Professional Practices Advisory Commission to the State Board of Education. UPPAC establishes standards for professional competence and ethical behavior for certificated educators and has disciplinary power over educators who fail to meet those standards. The Commission's activities have expanded over the years and it now reviews the professional conduct of hundreds of educators each year. The Commission has a process for conducting hearings to determine whether an educators license should be suspended or revoked.
g. Retirement. Full-time educators participate in the Utah State Retirement System and the Social Security System. Districts pay 100% of the state retirement contribution and match the employee's payment to the Social Security system. There are substantial penalities for educators that retire before age 65 with less than 30 years of retirement credit.
h. Unemployment Compensation. Educators are eligible for unemployment compensation if they are terminated from district employment except where terminated for serious misconduct.
i. Workers' Compensation. Educators are eligible for workers' compensation when they are injured on-the-job. State law requires employers to have workers' compensation application forms available. The form should be completed as soon as possible after a job-related accident. Claims not filed within one year are barred.
j. Dues Deductions. It may appear axiomatic, but public employees have not always had the right to have their dues deducted. Utah law gives public employees the right to have their employers deduct association dues.
k. Right to Organize Without Employer Interference. The U.S. Constitution gives employees the right to associate with each other. Utah's Right to Work law goes further in that it prohibits employers from interfering with Association attempts to organize, selecting its own representatives, and frome ngaging in activities that might discourage employees from joining.
l. Right to Hold Public Office. Educators have a right to hold public office except on the school board of the district where they are employed. Many districts provide leave to perform public service jobs.
m. Right to be Defended and Indemnified. If sued. Utah educators have the right to request that their employer defend them for acts or omissions arising out of their employment and to have their employer pay any judgment against them, except in cases where the educator engaged in fraud, acted with malice, or was driving under the influence of alcohol. UEA Enforces this right when districts refuse to defend or indemnify our members.
n. Immunity. Educators have governmental immunity for acts or omissions which occur within the course and scope of employment, except for intentional injuries to individuals and property. Governmental immunity means that Utah State courts will not hear civil cases against the school district or its employees except under limited conditions. The Utah Governmental Immunity Act entitles employees to request defense and indemnification when sued for acts related to their employment.
o. Educator Records. Educators have a right to request, examine and copy documents contained in their personnel file. They also have a right to obtain copies of most school district records. The Utah Governmental Records Access and Management Act makes certain parts of an educator's personnel records public, but restricts access to specific information such as an educator's evaluation and financial records.

The information above has been taken from "Utah Educators' Rights Pamphlet" by Michael T. McCoy. For more information on Professional Rights and Responsuibilities go to the following links:

Membership Professional Liability Insurance: http://www.utea.org/qtl/rights/horace.htm

Professional Ethics:
http://www.utea.org/qtl/rights/conduct.htm

UEA Represents Your Interests:
http://www.utea.org/qtl/rights/UEARepresentsYou.htm

Short History of Teacher Rights: http://www.utea.org/qtl/rights/history/rightshistory.htm

The most comprehensive source of teachers' rights are local negotiated agreements and board policy.