The Texas Education Code States:
§ 21.405. DUTY-FREE LUNCH. (a) Except as provided by Subsection (c), each classroom teacher or full-time librarian is entitled to at least a 30-minute lunch period free from all duties and responsibilities connected with the instruction and supervision of students. Each school district may set flexible or rotating schedules for each classroom teacher or full-time librarian in the district for the implementation of the duty-free lunch period. (b) The implementation of this section may not result in a lengthened school day. (c) If necessary because of a personnel shortage, extreme economic conditions, or an unavoidable or unforeseen circumstance, a school district may require a classroom teacher or librarian entitled to a duty-free lunch to supervise students during lunch. A classroom teacher or librarian may not be required to supervise students under this subsection more than one day in any school week. The commissioner by rule shall prescribe guidelines for determining what constitutes a personnel shortage, extreme economic conditions, or an unavoidable or unforeseen circumstance for purposes of this subsection.
Is a 30-minute lunch period required to be uninterrupted? Or can a district give you a 15 minute lunch then 15 minute duty, and then other 15 minutes of lunch?
ReplyDeleteThe answer is no. A Texas school district cannot give you a duty somewhere in the 30 minutes of lunch. By law, it should be 30 uninterrupted minutes of duty-free lunch. TEC 21.405 should be enforced if administrators are putting duty periods during a teacher's lunch.
ReplyDeleteMy wife is a teacher at Reese Academy, an Aldine ISD school. The principal has demanded that the teachers "sacrifice" their lunch to supervise students who are having lunch. The teachers are all terrified of losing their jobs and will not speak up. The principal cleverly made the demand orally, not written. I understand this action is illegal.
ReplyDeleteIs there a way to notify the Aldine ISD board or State Board which will protect the identity of teachers and preclude any reprisals?
I apologize for posting anonymously, but I must comply with my wife's wishes regarding identity.
We all know that no teacher wants to lose their jobs by standing up for their rights to their administrator. That's why it's helpful to have an advocate, lawyer or union representative there to help you through the process and to back you up. The advocate has nothing to lose. Teachers do, especially in this climate.
ReplyDeletePage 18 of the Aldine "Ethical Conduct Guidelines" state that teachers have the right to file a grievance to the superintendent.
PRESENTMENT OF EMPLOYEE GRIEVANCES – POLICY 1410
http://www.aldine.k12.tx.us/pdfs/handbooks/BPethical_conduct.pdf
That link is the grievance process at Aldine.
There isn't a way to protect a teacher's identity if they file a grievance, though. If any one of those teachers is a member of a union with a LOCAL representative or office, then they might be the ones to consider filing because they are usually the most protected.
As most educators know, parent and community complaints are usually the most effective means of influence.
There's nothing easy about this but I hope that helps.
Thank-you for the reply, Mr. Martin. I know the teachers are afraid, so your advice to find a union member with a local connection is good. There is a good possibility that my wife knows someone in this position. I will show her your reply. You are certainly right that, "There's nothing easy..."
ReplyDeleteI doubt the community understands what is happening at this school - nor would they approve - so perhaps the word needs to get out. This can be done.
I'm sad to see things come to such as this. I'm particularly sad to see the change in attitude in my wife regarding teaching. She's been living her dream, as she wanted to teach since she was in grade school - but she's watching that dream vanish before her eyes. She's been teaching for a very long time and it breaks my heart to see what this situation is doing to her and her fellow teachers. They simply do not comprehend the attacks being made against them ...not just this particular issue, but in general.
I would like to note that I am employed in private business by a small corporation. If our supervisors treated our workers as these teachers are treated, these supervisors would be booted out the door so quickly they wouldn't know what hit them. Our management would never stand to see their employees treated as these teachers are treated.
Thank-you again for the reply. Once more, I must apologize for the anonymous post. I wish I didn't have to do that, but it is necessary in this case.
Im a teacher in a school district in Texas and have a partial lunch break. It depends if someone relieves me for the break or that a student is not under distress. Being in the realm of special ed. I never know if I will actually get a full break and have been known to have no lunch break for a week straight. Teachers are under severe stress these days and need to have the opportunity to eat a lunch duty free from their position. Personally, I have no problem discussing this issue because I may pass on teaching in the public school system altogether. If I had a child who was attending a public school, I would home school them. Teachers are so overwhelmed with so many tasks each day that they cannot be good at what they do. What a sad situation!!!!
ReplyDeleteWhat about if we are told to eat with our students for two days during a week, because of state testing? They are wanting our elementary aged students to be pin- quiet all day, including lunch time. I understand wanting to create a comfortable testing environment for all students, and I wouldn't mind giving up my 30 minutes one day, but two? They are also taking our 45 planning period the same two days. EVERYONE needs a break from the kids. Other wise, it becomes a job and not something I love to do.
ReplyDeleteI agree, everyone. .including para's NEED a duty free break. Para's are NOT required to even have a break at all. Love working with my spec. Ed kids but after years of being used and abused. .considering alternative work.
DeleteWell, I just got out of a meeting and our superintendent flat out told us that if we are scheduled to attend a "sack lunch work meeting" that there are no laws that prohibit them from doing this to us. It seems that these so called "sack lunch work meetings" are increasing in our district out in Taylor. So basically, we are pulled once a month to have a sack lunch meeting in which we are actually required to work and for the month of May we will be working two times out of the week during our lunch and NO we don't get to have a lunch on some other time. It seems this mandate is being totally ignored. Oh and this was told to all of us during a meeting so it wasn't a 1-1 thing.
ReplyDelete@Anon (Apr. 20) - I would get some of your Union members to contact their Union and get them involved. Teachers can talk about it, but people outside the district are the only ones who can affect any kind of real change. You might start by contacting the Taylor Federation of Teachers at (734)287-3340.
ReplyDeleteThe problem is, there are no real teacher unions in Texas and no one enforces the rules. I once brought a grievience for this up and was basically told, "So, what, we can do what we want." I brought it to the attention of TEA who said "We cant or wont enforce the regulations."
ReplyDeleteThere is a process for grievances just like there is a process for court cases. There are definitely teacher unions in Texas; I belong to one. The problem is that many so called "unions" don't do much of anything except take your money. You need one that's connected to the AFL-CIO and one that has a local branch that can represent you. Texas Federation of Teachers is active and aggressive. They will take you through the grievance process all the way to Austin and the State Board of Education. Of course the school is going to think they can do anything they want, that's why they violate your rights in the first place. They expect teachers to be complacent because they usually are. Find the right Union. Don't try to handle the grievance on your own unless you are willing and able to see the process through to its end.
ReplyDeleteThey are teachers' associations and not unions. The law of Texas will not permit teachers to form unions or are they allow to go on strike. These laws very from state to state. Your "association" most likely has a legal department for their members. They should review any concerns of their members to help them to determine if they have a case to take to a "third" party hearing. A good association will send a legal repres. to help you. If your organization will not do this, find another one. Schools are like any other business, you have people who walk the fine line of be lawful, professionally moral and without reproach. Best line of offense is to know the Education Code of your state.
DeleteGodley ISD is requiring a teachers aide to work all day 1-1 with a student and not get a duty free lunch. The worst part is, she gets 30 minutes daily taken from her and never gets this lunch break. What
ReplyDeleteCan she do? She doesn't want to lose her job, but has actually worked overtime and been denied payment because they automatically take 30 minutes a day from her time. She clocks in before 8 and leaves at or around 4pm. She gets no breaks or lunch break the entire day! This is not fair! What can she do?
I am a special education teacher in a unit. If you guys are complaining about not being able to have a duty free lunch of 30 mins a day, my concern is different. My co-teacher and TAs are taking an hour to two hours of lunch in the classroom with kids because it's a self-contained unit. Would you believe that? How can the kids be closely supervise if all they do is to chit chat while dining? Don't you think they are abusing the system? I don't know who to address it to.
ReplyDeleteI was thinking of addressing it to my administrators and to HR.
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I am a teacher in VA and our lunch time has been cut from 30 minutes to 25 minutes. Is this legal for the district to do? The Instructional Assistants still get a 30 minute lunch but not the classroom teachers.
ReplyDelete