Advocacy Basics

Quality Public

Education for

All

Fairness,

Equity, and

Respect for

All

Teaching as

an Esteemed

Profession

Com

mun

ity

Com

mitm

ent

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Advocacy Impact on Membership

Advocacy Impact on Membership

Be a fair and helpful advocate or you will lose members.

Many members join so that they will have someone to help them if the district treats them unfairly.

Let members know what the association does to help members in a general way, but keep names and details confidential.

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Advocacy Impact on Membership

• If members question why the association is helping a “bad” employee, explain that the association works to protect the process and ensure that all members are treated fairly.

• Help prevent problems by helping members improve their job performance.

Fairness, Equity, and

Respect for ALL!

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Advocacy Impact on Membership

• Develop cooperative relationships with administrators, if possible, so that you have more credibility when trying to resolve employee problems.

• Use the Advocacy Planning Calendar to plan ahead for common advocacy issues.

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Responsibility to Members and Local Association

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Responsibility to Members and Local Association

• Seek fair treatment and process for the member.• Keep member information confidential, unless you have

permission to share. • Listen carefully and take notes.• Don’t be judgmental.• Determine deadlines:

– Request an extension if needed.– Confirm extension in a brief e-mail or memo.

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Responsibility to Members and Local Association

• Help or obtain help for the member:

– Ask what the member wants, but brainstorm alternatives and be realistic.

– If you think the association cannot help, ask a leader or OC for a second opinion.

Immediately obtain help from your local president if a member is accused of a crime, such as assault, child abuse, drug use or theft.

DO NOT ask what happened! You may ask what the member is accused of or what the member already has told the district.

Two minds are better than one. Brainstorm with another leader or with an OC.

If a member is accused of a crime, remember you do not have attorney privilege.

Responsibility to Members and Local Association

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Responsibility to Members and Local Association

• You represent the association. Use professional language, dress and demeanor.

• Evaluate different strategies – do not act quickly without thinking.– Discuss more than one strategy and remedy– Discuss pros and cons of each possibility– What might be won or lost?

• Consider time, credibility, reputation, relationship, money, stress, etc.

• Use logic and reason, with just a touch of emotion.– 90% logic and 10% passion

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Documentation

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Documentation

• Keep it simple and user friendly.• Attach relevant policies and documents; emphasize key

phrases.• Clearly ask for what you want and explain why you want

it.

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Documentation

• Write short, confirming memos or e-mails to document informal promises.– “Thank you for meeting with me on (date) to

discuss…”– “During our meeting on (date), you agreed to 1)____,

2)____ and 3)____.”– “Please let me know immediately if this is not your

understanding.”– “Once again, thank you for working together to help

resolve this problem.”

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Documentation

• Ask a more experienced leader, or an OC to review important documents before submitting them.

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Research Members’ Rights and Responsibilities

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Research Members’ Rights and Responsibilities

• Strive for fairness, even if your member does not have a “right” under policy or law.

• Check contract, bargained agreements and handbooks.

• Ask a more experienced leader or OC for input after researching other resources.

Agreement

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Research Members’ Rights and Responsibilities

• Review district policy, which can usually be found at http://lp.ctspublish.com/asba, the Arizona School Boards Association’s Web site for policy manuals. See Section G for personnel policies.

Check state law – A.R.S. Reference Guide www.azleg.gov

See Employee Rights for Arizona Teachers, an AEA booklet summarizing state law for educators.

• Check other AEA legal publications at:– www.arizonaea.org and log on to “Members Only”– Bookmark the Web site and keep it handy to help locate

resources.

Rights for Arizona Teachers

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Research Members’ Rights and Responsibilities

Special Note for Education Support Professionals (ESP)

•State law doesn’t offer much job protection.

•Check agreements and districts policies for ESP rights.

•Check AEA legal publications that apply equally to ESP and teachers.(Examples: Employment Discrimination, Child Abuse, Violence in the Classroom, Sexual Harassment and When Workers Get Hurt)

RespectEquity

Fairness

To AZ Legislatures

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Assisting a Difficult Member

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Assisting a Difficult Member

• Ask the member to write a brief summary.

• Meet the member before school to limit time.

• Seek advice from another leader or OC.

• Ask what the member really wants; try to think “outside of the box,” but be realistic.

Please Help Me! Urgent!

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Develop a Team Approach

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Develop a Team Approach

• Take 10 minutes of each AR or Executive Board Meeting for advocacy training; use the Ten Minute Advocacy Agenda.

• All leaders should know how to locate district policies and AEA advocacy booklets, and who to call if they need help.

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Develop a Team Approach

• Observe others and mentor others in advocacy.

– New leaders should ask to sit in on a meeting with the principal.

– More experienced leaders should mentor less experienced leaders.

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Develop a Team Approach

• Establish an advocacy committee:

– May be called grievance or rights committee.– Meet regularly – at least once a month.– Discuss issues and brainstorm difficult

situations.– Include a training segment at every meeting.– Focus on long-term strategies, not just short-

term advantages.

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Develop a Team Approach

• Help each other learn and become better advocates:

– Encourage the shy to be more direct.– Encourage the talkative to listen carefully.– Help the passionate to analyze issues

logically.– Help the logical to understand the emotions

involved.

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Conclusion and Evaluation

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Conclusion and Evaluation

• United we stand. You do not have to do advocacy all alone.

• We can work together to improve working conditions for school employees and ensure that everyone is treated fairly and with respect.

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Questions?

Employee Rights Quiz

Agree Disagree

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State or Federal law covers most employment problems for school employees.

AgreeDisagree

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DISAGREE

Most employment problems are not covered by state or federal law. Many employment problems are covered by district policy, or involve personality differences or other disputes not governed by any law, policy or rule.

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All school employees have the same set of legal rights.

Agree Disagree

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Disagree

Teachers with more than three consecutive years of experience at a district (tenured) have more legal rights than teachers with less experience in the district. Some support staff are permanent employees, some have yearly contracts, and some are “at will” and can be fired without any reason.

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All school employees have a right to a fair hearing prior to being terminated from their jobs.

Agree Disagree

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Disagree

Tenured or continuing teachers have the right to a hearing before dismissal. Probationary teachers can be non-renewed without any hearing, but must have a hearing if dismissed within a contract period. Support staff may or may not have a right to a hearing, depending on their contracts and district policy.

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A teacher cannot be transferred to another grade level, subject or school building without his or her permission.

Agree Disagree

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Disagree

Some districts can involuntarily transfer employees for any reason or for the “needs of the district.” Other districts have policies that require consideration of seniority or other factors.

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A school employee can sue and stop unfair treatment at work.

Agree Disagree

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Disagree

Filing a lawsuit is one strategy for opposing illegal treatment. Many work problems involve actions that are legal but just not “right” or “fair.”

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All school employees can quit by simply submitting a letter of resignation.

I just w

anted

to le

t you

know I quit!

!!

AgreeDisagree

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Disagree

It is considered unprofessional conduct for a teacher to resign during a contract period (during the school year) without approval of the school district governing board. Some school districts require support staff to give some notice before quitting – usually two weeks.

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At a school board dismissal hearing, charges against an employee must be proven “beyond a reasonable doubt.”

Agree Disagree

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Disagree

At a criminal trial, charges must be proven beyond a reasonable doubt. Less proof is required at school hearings where charges must be supported by a “preponderance of the evidence.” In general, this means that school districts must prove that it is more likely than not – at least a 51% chance – that the charges are true.

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Discrimination (treating one employee differently than other employees) is illegal.

AgreeDisagree

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Disagree

Most discrimination is legal. Employers routinely favor employees who are cooperative and work hard, and are harsher to employees who are late or argumentative. Only certain types of discrimination are illegal, such as discrimination based on race, national origin, religion, sex, age, disability, or exercise of First Amendment rights.

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It is against the law for an administrator to “harass” a school employee.

Agree Disagree

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Disagree

Sometimes harassment is illegal if it is based on sex, race, association membership or other protected classes and activities. Some “harassment” is so extreme that a court will issue an injunction to stop it. This type of harassment includes assaults, stalking, threats of violence, repeated use of profanity, repeated anonymous phone calls, etc. When most employees complain about “harassment” by their supervisors, they mean that their supervisors complain about small problems, “nit-picking.” Usually this is not illegal, although sometimes a grievance or staff complaint is appropriate.

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A school employee’s personal life is none of the school’s business.

Agree Disagree

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Disagree

Many aspects of a school employee’s personal life are not the school’s concern. However, a school district has a legitimate interest in personal activities that interfere with the employee’s ability or fitness to work. For example, the employee may have a part-time job that presents a conflict of interest with school employment. Also, it is the school’s “business” if the employee has molested children or stolen property, even if those crimes were committed after work hours.