AEA's Professional Rights and Responsibilities booklet - Alabama ...

AEA Officers and Board of Directors(updated 11-1-2011)Dorothy J. Strickland, PresidentAnita Gibson, Vice-PresidentPeggy Mobley, Past PresidentDr. Henry C. Mabry, Executive Secretary & TreasurerDr. Gregory T. Graves, Associate Executive SecretarySheila Hocutt-Remington, NEA DirectorPam Hill, NEA DirectorSherry Tucker, NEA DirectorDr. Susan C. Brown, NEA DirectorDr. Cathy McNeal, Administrator PresidentSylvester James, Postsecondary PresidentCassandra Childress, ESP RepresentativeBonita English, ACT RepresentativeJohn Paul Jones, AERA RepresentativeKarla Hinkle, SAEA PresidentAshley Strickland, District 1 DirectorKeisha Smith, (Interim) District 1 DirectorMichelle Robinson, District 1 DirectorTammy Sims, (Interim) District 2 DirectorJoAnn Wilson, District 2 DirectorVacant, District 2 DirectorAmelia Couch, District 3 DirectorShannon Clark, District 3 DirectorVivian Crosby, District 3 DirectorDebbie Landers-Scott, District 4 DirectorCharlene McCoy, District 4 DirectorArthur Crumpler, District 4 DirectorDonna McDaniel, (Interim) District 5 DirectorAnthony Daniels, District 5 DirectorWilliam Powers, District 5 DirectorDarryl Traylor, District 6 DirectorCharlotte Wilson, District 6 DirectorBernard Sanderson, District 6 DirectorDr. Rhonda Mosley, District 7 DirectorGloria Gentry, District 7 DirectorDr. Donna D. Strong, District 7 DirectorPR&R CommissionSheria Mitchell,Co-ChairDavid Holt,Co-ChairHarry RichardsonCharlie Mae BradfordAndreda YoungPatricia K. BuchananStanley MahanBrenda GriffithHeather ClecklerLynn GardnerBarbara DunhamHelen MimsBoard Liaisons:Vivian CrosbyBernard SandersonDarryl TraylorCharlotte WilsonAEA Headquarters Management &Professional StaffDr. Henry C. Mabry, Executive Secretary & TreasurerDr. Gregory T. Graves, Associate Executive Secretary& Staff Consultant to the PR&R CommissionDarryl Sinkfield, Assistant Executive Secretaryfor Field ServicesLeigh Phillips, Regional Field Services Manager-NorthVacant, Regional Field Services Manager-SouthSteve Perrigin, Business ManagerDavid Stout, Public Relations ManagerSuzie Smith, Public Relations DirectorJim Wrye, Public Relations DirectorAshley McLain, Public Relations DirectorAmy Marlowe, Research & Technology ManagerDr. Tyna Davis, Education Policy & ProfessionalPractice ManagerDr. Pam Fossett, Education Policy & ProfessionalPractice DirectorSusan E. Kennedy, Manager of Education Fundingand RevenueDr. Gerald W. Johnson, Director of Capital SurveyResearch CenterAEA Legal Staff ConsultantsTheron Stokes, Esq., AEA General CounselorNancy E. Perry, Esq., AEA General CounselorCharles Norton, Esq., AEA General CounselorTamika Reed, Esq., Legal Advisor to the AssociateExecutive SecretaryClint Daughtery, Esq., Legal Advisor to the AssociateExecutive SecretaryMarilyn Taylor, Administrative Assistant to theAssociate Executive SecretaryLaFaye Jackson, Confidential SecretaryLuticia Johnson, PR&R Records SecretaryLinda Mathews, Legal Affairs SecretaryKimberly Maraman, Legal Affairs SecretaryThanks to Dr. Paul Hubbert and Dr. Joe Reed, who servedas Executive Secretary and Associate Executive Secretary,respectively, through December 31, 2011.

Legal Services Program:Purpose:The purpose of the Alabama Education Association(AEA) Legal Services Program (Professional Rightsand Responsibilities) is to provide legal assistanceand support to the AEA members and local affiliatesin connection with certain job-related disputes, as setforth in this handbook and its provisions. Theprogram is established cooperatively and is jointlyfunded by the AEA and the National EducationAssociation (NEA). It should be obvious that theassociation cannot right every wrong that anemployee may experience with his or her employeras there is not a legal remedy for each and everywrong experienced by members. This publicationsets forth the guidelines for members to follow asthey seek legal assistance from the AEA LegalServices Program.In protecting the legal rights of its members, theassociation strives to protect all members’ rights.Under the Constitution of the United States, allpersons enjoy essentially the same basic rights.Alabama’s Constitution also guarantees all personscertain basic rights. The AEA/NEA members’ rightsare also governed by laws enacted by the Congress ofthe United States as well as the Legislature ofAlabama.Just as the Alabama Legislature enacted laws to giveemployees certain rights, the United States Congressalso enacted laws to give certain classes of personsspecial consideration and protection. For example,the Civil Rights Act of 1964, as amended, prohibitsdiscrimination in employment based on race, sex,religion, national origin, age, or disability. That lawestablished the Equal Employment OpportunityCommission (EEOC) to investigate complaints andmake recommendations regarding violations of theCivil Rights Act of 1964, as amended.In addition to laws passed by the Legislature andCongress, rulings by state and federal agencies,decisions of state and federal courts, opinions of theattorney general of Alabama, and rules andregulations of the State Board of Education allimpact on members’ rights and govern theinterpretation of state and federal statutes. Otherlegislation can also have an effect on the rights ofpersons employed in the public schools.Platform:The basic purpose of the Professional Rights andResponsibilities Commission of the AlabamaEducation Association is to protect the professionalwelfare of all members. In order for any profession togrow, the importance and dignity of each individualmust be primary in its purpose. To this end, theobjectives of the PR&R Commission are as follows:• To defend the AEA members and the cause ofeducation against unjust attacks.• To investigate controversies involving membersthat are in the public interest.• To encourage and further the developmentand use of personnel policies that attract andhold competent professional personnel and preventunnecessary employment difficulties.• To cooperate with the (AEA) LegislativeCommission in drafting, improving, andextending legislation to ensure job security.• To promote and protect the constitutional andhuman rights of members in the education profession.• To promote conditions of freedom under whichmembers may safely work and live without fearor favor.2

Composition:The PR&R Commission is composed of 12 membersappointed by the AEA president and confirmed bythe AEA Board of Directors for three year termsstaggered so that one-third of the members areappointed annually.The PR&R Commission elects, from its membership,one white member and one black member to serveas co-chairpersons and to alternately preside atcommission meetings. On special occasions, whencontinuing cases are involved, the commission may,upon a majority vote, approve the continuation ofeither co-chairperson to serve as presiding officer.The commission will reorganize itself each year andelect its presiding officers. The co-chairpersons, inaddition to presiding at commission meetings, willhave all rights and privileges such as voting andparticipating in affairs of the commission.Meetings:The PR&R Commission shall be called into sessionby the chairperson at the request of the AssociateExecutive Secretary, Executive Secretary, President,on a petition of one-third of its members, or upondirection of the AEA Board of Directors.Staff:The Associate Executive Secretary is charged withthe responsibility of administering the ProfessionalRights and Responsibilities program for theassociation and serving as staff consultant andsecretary to the PR&R Commission.In all meetings of the PR&R Commission, theAssociate Executive Secretary shall be responsible forpreparing the agenda, providing each member ofthe commission with information relative to eachcase, including setting forth the complainant’scharges, the results of any preliminary inquiry, thequestion of law presented, and the outcome of eachcase.The Associate Executive Secretary shall beresponsible for recording the minutes of allmeetings, writing reports, and notifying all parties ofinterest of the decisions of the commission.The Associate Executive Secretary will regularlyinform the Executive Secretary of requests forinvestigations and other commission activities.Reports of commission activities will be madeperiodically to the (AEA) Board of Directors.Eligibility:Active and educational support members and localaffiliates of the AEA are eligible for services underthe AEA Legal Services Program.In cases involving legal, tenure and/or constitutionalrights of members, the state association shall haveprimary jurisdiction. Members who feel their tenureor constitutional rights have been violated may applydirectly to the AEA for assistance and support.An individual applicant for legal assistance must be amember of the AEA at the time of the occurrencethat gives rise to the need for legal assistance or atthe time the member becomes aware of the problemat issue, whichever occurs first.1. Continuous Membership Requirement:A recipient of legal services must maintainmembership in the Alabama Education Associationwhile association-supported legal action is pending.The AEA may waive the state membershiprequirement for any member whose employment isinterrupted while legal action is pending. However,in the event the member obtains employment in anew position, whether in education or not, if his orher earnings are equal to the average Alabamasupport professional’s salary, he/she must continueAEA active membership. Any member whose requestfor legal assistance is denied, but who thereafterterminates his/her AEA membership, also waives allrights to appeal the denial of non-support.3

2. Dues Requirement: While the AEA may waivestate and local dues, the state association may NOTwaive the NEA’s portion of membership dues.Therefore, any member who receives legal assistancemust remain an NEA Active member and isresponsible for NEA Active dues as long as an ULSPfundedlegal action is pending. The sole exceptionto this requirement is where the member is receivingrepresentation to contest the cancellation of his orher tenured employment contract.3. Members Assisted Only in their Capacities asEmployees: The AEA will assist members in theircapacities as employees. No member who is acting asan agent or representative of the employing boardor in his or her capacity as an employer will beassisted under this program. Example: Anadministrator or supervisor who is filing chargesagainst a subordinate will not be assisted. However, ifan administrator’s supervisor is filing charges againsthim/her, then he/she is eligible for support.4. Discrimination Prohibited: The state affiliateshall not discriminate against applicants on the basisof race, color, national origin, creed, age, disability,marital status, gender, sexual orientation oreconomic status.Coverage:The AEA’s Legal Services Program is intendedprimarily to protect employment rights andprivileges of members in instances involving adverseemployment action. Legal assistance under thisprogram will be provided in individual cases thatarise out of the member’s employment in a schoolsystem, college or university, or other educationalemployment institution. Assistance to local affiliateswill be provided to protect the local affiliate’s rightsand privileges as representative of its collectivemembership.The AEA will provide legal assistance to its membersand affiliates when it is determined by the AEA that:◆ The action at issue resulted or will result in actualprejudice or injury to a member’s employmentrights and privileges, or to an affiliate’s rights andprivileges as a representative of its collectivemembership.◆ There is a substantial likelihood that a member oraffiliate will be granted relief under currentpolicies, regulations, or laws.◆ The procedures and standards described in theseguidelines have been followed and met.Procedures for Obtaining LegalAssistance and Representation:1. All applications for legal assistance and supportfrom the AEA shall be submitted in writing to theAssociate Executive Secretary setting forth theinformation requested on the Application forAssistance and Support Form (PR&R Form),supplemented with any other relevantinformation (i.e., copies of all written letters,documents, etc.). The applicant should set forthall charges in a clear and concise statement of thefacts, including the names of each involved party.If a request for assistance is made in person, bytelephone, or by facsimile, an original PR&RForm must be received before the association willaccept the case for official action. PR&R Formsmay be obtained by contacting the UniServDirector for each district or by contacting theOffice of the Associate Executive Secretary. Priorto the AEA’s acceptance of an application forassistance, the PR&R Form must be signed. ThePR&R Form constitutes a legal contract with theAEA. The member’s signature confirms his/herunderstanding of the terms and conditions ofreceiving legal assistance under this plan andbinds the applicant to the contract terms as statedin the PR&R form.◆ Laws or policies establish an automatic right to adue process type hearing.4

2. Upon receipt of a signed PR&R Form, theAssociate Executive Secretary will review theapplication and may initiate further investigationpersonally, through staff, or other source; referthe case to an attorney for review; refer the caseto an attorney for representation; or deny therequest for assistance. If a member is tenured ornon-probationary under the Students First Actand entitled to a due process hearing before aschool board or college president, the assignmentof legal counsel is automatic for such a hearing,except where the basis of the termination is acriminal conviction. Proposed terminationsresulting from criminal convictions will bereviewed on a case-by-case basis by the AssociateExecutive Secretary. Whether counsel will beprovided to appeal the decision of the board orpresident to a hearing officer or beyond is at thediscretion of the Associate Executive Secretary.The assignment of counsel is at the discretion ofthe Associate Executive Secretary in all othercases.3. A case referred to an attorney for review shallauthorize the designated attorney to investigatethe case. Within six weeks of receipt of areferral for review, the designated attorney shallreport to the Associate Executive Secretary theresults of his/her findings; makerecommendations of appropriate legal remediesto be employed, if any; and provide an estimatedcost of the proceedings, if requested.4. In cases reviewed by counsel, following the reportof the designated attorney, the AssociateExecutive Secretary shall make a determination asto the AEA/NEA’s participation and will advisethe applicant and designated attorney of theauthorization to proceed or to discontinue anyfurther action. The notification of denial ofassistance shall be in writing and shall notify themember (or local affiliate) of the right to appealthe denial in accordance with the AEA policies.(See Appeals to PR&R Commission and the AEABoard on pages 24-27.)5. In connection with tenured employees, if theapplicant’s contract of employment is beingcanceled or if action by the board will result in achange of current status, the Associate ExecutiveSecretary will assign, within 15 days ofthe receipt of the PR&R Form, the applicant anappropriate representative to contest the changein status or cancellation of said contract. Suchrepresentative may be an attorney or UniServDirector.6. It will be the responsibility and burden of themember to ensure that all steps essential to theprotection of his/her rights are taken in atimely manner including filing a notice of contestand request for a hearing with the employer. Inmost cases involving a hearing or where chargeshave been made, the applicant should notify theUniServ Director or the Office of the AssociateExecutive Secretary within 24 hours of theirreceipt of notice of a hearing or charges. Whenrequesting legal assistance, the applicant shouldattach a copy of their notice of contest, ifapplicable, with the completed PR&R Form.7. It is also the responsibility and burden of themember to ensure that the request for legalassistance arrives in the Office of the AssociateExecutive Secretary in a timely manner so as togive the Associate Executive Secretary sufficienttime to assign an attorney to prepare the case.When a member has been notified of a proposedtransfer or termination, he/she must file arequest for legal assistance no later than fivedays before a notice from the employeedemanding a hearing is due. If the request forassistance is filed less than five days prior tosuch a deadline, all reasonable efforts will bemade to secure an attorney to represent saidmember, but representation is not guaranteed. Ifan application is received less than five days priorto a legal deadline, all reasonable efforts will bemade to timely assign legal counsel, butrepresentation is not guaranteed.8. Nothing set forth herein shall require theappointment of counsel at a grievance hearingunless or until such time as there is clearlikelihood of actual prejudice and irreparableharm to the member’s employment asdetermined by the Associate Executive Secretary.5

The Students First Act (SFA):Act 2011-270: SB 310The Students First Act of 2011, Act 2011-270, wasadopted by the Legislature during the 2011 RegularSession. This law repealed the Teacher Tenure Act,the Fair Dismissal Act, and portions of the TeacherAccountability Act. It imposed a new tenure systemfor teachers and education support professionals(ESPs) in Alabama, including those who work in thepostsecondary institutions. While this informationcovers the law as written, the AEA reserves the rightto challenge the constitutionality of certainprovisions, based on the facts and legal merit ofspecific cases.Grandfather Clause:A teacher who was tenured, or ESP who was nonprobationary,on July 1, 2011, has the same statusunder this new law. All time accrued toward tenureunder the prior law counts toward tenure under thisnew law.Obtaining Tenure:A teacher in K-12 obtains tenure after beingemployed in the same school system for threecomplete, consecutive years and being reemployedfor a fourth consecutive year. A “complete year”means that the teacher is hired before October 1 ofthe school year. A non-tenured teacher must receivenotice of non-renewal on or before the last workingday of the school year during his/her third year,otherwise notice must be received by June 15 (orJune 30 during the first year of a legislative term).Time during which a teacher has an emergency oralternative certificate does not count toward tenure.An ESP in K-12 obtains non-probationary status afterbeing employed in the same school system for threecomplete, consecutive years and being reemployedfor a fourth consecutive year. A “complete year”means that the ESP is hired before October 1 of theschool year. A probationary ESP must receive noticeof non-renewal on or before June 15 of each year (orJune 30 during the first year of a legislative term).Under the SFA, instructors at postsecondary institutions6are referred to as “teachers.” A teacher at apostsecondary institution obtains tenure after beingemployed for six consecutive fall and spring academicsemesters and being reemployed for a seventhsemester. Summer semesters do not count towardtenure. A postsecondary teacher must receive noticeof non-renewal on or before 15 days prior to the endof their sixth semester. Presidents and vice-presidentshired after the effective date of this law cannot earntenure in those positions.An ESP at a postsecondary institution obtains nonprobationarystatus after being employed for 36consecutive months at the same institution. An ESPmust receive notice of non-renewal prior to fifteendays before the end of their 36th month ofemployment.Termination proceedings forTenured Teachers andNon-Probationary ESPs:Tenured teachers and non-probationary ESPs can beterminated for the same causes as were found inprior law, “justifiable decrease in the number ofpositions, … incompetency, insubordination, neglectof duty, immorality, failure to perform in asatisfactory manner, or other good and just cause.”No job action, including termination, transfer,demotion, suspension, or reassignment, can be takenbased upon personal or political reasons of thesuperintendent, president, or school boardmembers.The termination process begins with either thesuperintendent in K-12, or the “senior personnelofficial” at a postsecondary institution, notifying anemployee that he or she is recommending theemployee’s termination, the reasons for the action, a“short and plain statement of the facts,” and that theemployee has a right to a hearing.An employee must notify the superintendent orcollege president that he or she wants a hearingwithin 15 calendar days of the issuance of the notice.Failure to timely contest a termination makes it final andirreversible.

teacher is “afforded an opportunity to meet with thepresident [or] board to demonstrate why theproposed transfer should not be approved.”If a tenured teacher in K-12 is to be transferred to aschool outside his/her “feeder pattern,” then theteacher has the right to a full “hearing” before theboard.If a teacher is to be transferred after 20 days fromthe first day of school due to an “act of God,” thenthe teacher has the right to a full “hearing” beforethe board.A non-probationary ESP in K-12 or postsecondarycan be transferred once per school year to “anyposition for which they are qualified within theagency or system,” so long as there is no loss ofcompensation, there is 15 days’ notice before a finaldecision is made by the board or the president, andthe transfer will not be effective until 15 days aftersuch decision.If a K-12 ESP is to be transferred outside the feederpattern of his/her current school, he/she receivesthe same due process as if he/she were beingterminated.Demotions:A non-tenured teacher or probationary ESP can bedemoted to a lower-paying job for which they holdcertification or qualifications with 15 calendar days’notice.Actions For Which a Hearing isNot Provided 1 :If an employee who is required to hold a state-issuedcertificate or license has that certificate or licenserevoked, his/her employment is terminated withouta hearing.If the board or president implements a reduction inforce, as provided in §16-1-33 Ala. Code 1975, thenthe employee is not entitled to a hearing. However,the board’s or president’s failure to comply with thelaw or its own RIF policy can be challenged in court.A hearing is not provided for any demotion ortransfer that is “(a.) prospective in effect, (b.) basedon the recommendation of the president of a twoyearcollege alone or the chief executive officer andformal approval of the governing board, and (c.)applied to similarly-situated employees within thetwo-year college, agency, or system, or withindesignated operating divisions, departments, oremployment classifications therein.”A teacher being reassigned within the first 20 daysafter students start school to another position in his/her same school at the same salary for which he/sheis certified is not an action that gives rise to ahearing.An ESP being reassigned to another position in his/her same school at the same salary for which he/sheis qualified is not an action that gives rise to ahearing.A tenured teacher or non-probationary ESP who isbeing demoted to a lower-paying job receives thesame due process as if he/she were beingterminated.81 AEA reserves the right to challenge the constitutionality of any or all of theseprovisions.

Questions & Answers:The Students First Act (SFA)General Questions:______________________________________________What is the purpose of the Act?The Act’s stated purpose is to improve the qualityof public education in the state of Alabama bydoing all of the following:(1) Providing for fundamental fairness and dueprocess to employees covered by this act.(2) Restoring primary authority and responsibilityfor maintaining a competent educationalworkforce to employers covered by this act.(3) Enhancing the ability of public educationalagencies to increase student academicachievement and student performancethrough effective allocation of personnelresources.(4) Investing employers covered by this act withthe discretion and flexibility necessary tomake the most effective use of limitededucational resources.(5) Eliminating costly, cumbersome, andcounterproductive legal challenges to routinepersonnel decisions by simplifyingadministrative adjudication and review ofcontested personnel decisions.What is teacher tenure or educationsupport professional (ESP) nonprobationarystatus?Tenure and non-probationary status areproperty rights granted by the AlabamaLegislature to guarantee that a teacher or ESPcannot be arbitrarily or capriciously dismissed.It is the “right” to be under a permanentcontract of employment. This “right” isproperty, just like your house or your car. Thefailure of a school board to issue a writtencontract to a tenured teacher or nonprobationaryESP in no way affects the tenure ofthe teacher or non-probationary status or theESP.Are teachers and ESPs in all public schoolsystems, including the Alabama Institutefor Deaf and Blind (AIDB) and theDepartment of Youth Services (DYS),equally protected?Yes.Where can a copy of the SFA be found?The new law has not yet been codified. It is Act2011-270 and is available at the Secretary ofState’s Web site at www.sos.state.al.us.What legal documents, other than thelaw itself, must be considered inconnection with the operation of tenureand non-probationary status?In addition to the act that created tenure, thereare federal and state laws and decisions of stateand federal courts and opinions of the attorneygeneral that govern the dismissal and transfer oftenured teachers and non-probationary ESPs.How does an employee lose tenure ornon-probationary status?An employee may lose tenure or nonprobationarystatus through: (a) retirement, (b)termination, or (c) resignation.Does the SFA cover employees of fouryearcolleges and universities?No. Procedures for gaining tenure orpermanent status, contesting cancellations, nonrenewalsof contract, or any other personnelaction will be found in the respectiveinstitution’s policy handbook. It is theresponsibility of each member to familiarizehimself or herself with his or her institution’spersonnel policy handbook.9

Does the SFA cover instructors at thetwo-year colleges?Yes. However, the SFA refers to postsecondaryinstructors as “teachers.” Unless otherwiseindicated, any time a question or answer refersto “teachers,” the question or answer applies toteachers in K-12 and postsecondary alike.Are local boards and colleges required tofollow their own policies and procedures?Yes. If a local board or college adopts a policy,that employer has entered in to a contract withthe employee and cannot violate its own policywithout breaching the contract.Can a board or president act for personalor political reasons?No. At the AEA’s insistence, the SFA containsmultiple prohibitions on superintendents,presidents, or school boards acting for personalor political reasons.Questions for Teachers:______________________________________________How long have Alabama teachers hadtenure?The Alabama Legislature established theTeacher Tenure Law in 1939. While the SFArepealed the Teacher Tenure Law, it stillprovides the mechanism for teachers to obtaintenure.How does a teacher gain tenure?A teacher in K-12 obtains tenure after beingemployed in the same school system for threecomplete, consecutive years and beingreemployed for a fourth consecutive year. A“complete year” means that the teacher is hiredbefore October 1 of the school year. A nontenuredteacher must receive notice of nonrenewalon or before the last working day of the10school year during her third year, otherwisenotice must be received by June 15 (or June 30during the first year of a legislative term). Timeduring which a teacher has an emergency oralternative certificate does not count towardtenure.A teacher at a postsecondary school obtainstenure after being employed for six consecutivefall and spring academic semesters and beingreemployed for a seventh semester. Summersemesters do not count toward tenure. Apostsecondary teacher must receive notice ofnon-renewal on or before 15 days prior to theend of their sixth semester. Presidents and vicepresidentshired after the effective date of thislaw cannot earn tenure in those positions.Must the fourth contract school year orseventh semester immediately follow thethree probationary contract years (sixsemesters)?Yes. The teacher’s fourth contract year, orseventh semester, must be consecutive. It mustimmediately follow the three probationarycontract years or six semesters.Does employment for less than a fullschool year count toward tenure?A teacher in K-12 must be hired before October1 of the school year for that school year tocount toward tenure.May a board or president keep a teachernon-tenured beyond the three-yearperiod by contracting with the teacher orotherwise prohibit tenure from attachingat the end of the probationary period?No. Neither the board of education, presidentnor the teacher may extend the time for gainingtenure. The board or president may notcontract to prevent the teacher from obtainingtenure. The time period to achieve tenure isgoverned by law.

May an assistant principal or supervisorgain tenure in those positions?The new SFA defines teacher to include allcertified employees, except for superintendentsand contract principals. It provides that ateacher does not gain tenure in a specificposition. Thus, a teacher can only be tenured ornon-tenured, and tenure status remains with ateacher throughout his/her career after he/shehas earned it.May a coach gain tenure in a coachingposition?No. The law does not apply to coaching orother “supplemental” positions.Are other employment positionsprotected by the SFA?Depending on the circumstances, employeeswho are regularly certified by the state mayattain tenure regardless of their job title. Thegeneral rule is that the job responsibilities of acertified employee and years of servicedetermine his or her tenure status. However,principals who are under contract are notcovered by this law, and superintendents,custodians of school funds, college presidents,and college vice-presidents are specificallyexempt.How long before the school term beginsmay a teacher cancel his or her contract?A teacher must notify his or her school system atleast 30 days before the first day of classes forstudents of his/her resignation.If a teacher resigns less than 30 daysbefore the school term begins, whataction may be taken against the teacher?The teacher is guilty of unprofessional conduct.The State Superintendent may suspend orpermanently revoke a teacher’s certificate aftera due process hearing.Under what circumstances may a teacherresign during a school year?The new law does not prohibit a teacher fromresigning during the school year, as theLegislature did not include the term “duringthe school term” as it had under the TeacherTenure Law. All the SFA requires is five days’notice.When must a board notify a nontenuredK-12 teacher that he or she willnot be re-employed?The non-tenured teacher must receive actualwritten notice of non-renewal no later than thelast day the teacher is required to work in herthird year of employment. During the first twoyears, the deadline is June 15, except for thefirst year of a legislative term or “quadrennium.”During the first year of a quadrennium, thedeadline to notify a non-tenured teacher of nonrenewalafter his/her first or second year is June30.When must a college notify a non-tenuredpostsecondary teacher (instructor) that heor she will not be re-employed?The non-tenured teacher must receive actualwritten notice of non-renewal no later than 15calendar days prior to the end of their sixthconsecutive semester.Can a non-tenured teacher be terminatedin the middle of a school year?Yes. However, the teacher is entitled to submit awritten statement to the school board orpresident before the final decision is made onthe recommendation to terminate his/hercontract.11

Questions for ESPs:______________________________________________How long have ESPs had nonprobationarystatus?The Alabama Legislature established the FairDismissal Act in 1983. While the SFA repealedthe Fair Dismissal Act, it still provides themechanism for ESPs to obtain non-probationarystatus.Does the SFA apply to part-time orsubstitute employees?No. The SFA provides protection for full-timeemployees only.What is considered full-time employmentfor the purpose of the Act?Full-time employees include all adult bus driversand all other employees who work 20 or morehours a week during a normal work week.How does an ESP gain “non-probationarystatus?”An ESP in K-12 obtains non-probationary statusbeing employed in the same school system forthree complete, consecutive years and beingreemployed for a fourth consecutive year. A“complete year” means that the teacher is hiredbefore October 1 of the school year. A“complete year” means that the ESP is hiredbefore October 1 of the school year. Aprobationary ESP must receive notice of nonrenewalon or before June 15 of each year (orJune 30 during the first year of a legislativeterm).What protections do probationary ESPshave under the Act?The SFA only requires that the ESP be given “atleast” 15 days’ notice, with pay, of termination.Termination and TransferProceedings for Tenured Teachersand Non-Probationary ESPs inK-12 and postsecondary:______________________________________________On what grounds or for what reasonsmay a tenured teacher’s or nonprobationaryESP’s contract be canceled?Tenured teachers and non-probationaryclassified employees may be terminated at anytime because of a justifiable decrease in thenumber of positions or for incompetency,insubordination, neglect of duty, immorality,failure to perform duties in a satisfactorymanner, or other good and just cause.May a tenured teacher or nonprobationaryESP contest the cancellationof his/her contract?Yes. To contest the cancellation of his/hercontract, the employee must notify thesuperintendent or college president in writingwithin 15 calendar days of the issuance of thenotice.An ESP at a postsecondary school obtains nonprobationarystatus after being employed for 36consecutive months at the same school. An ESPmust receive notice of non-renewal prior to 15days before the end of their 36th month ofemployment.12

What happens if a tenured teacher ornon-probationary ESP does not file anotice of intent to contest a contractcancellation in a timely fashion?If an employee fails to file a notice of intent tocontest, the employee waives the right tochallenge and the termination is final.May an employee have an attorney at acancellation or transfer hearing?Yes.What other rights do tenured teachersand non-probationary ESPs have at acancellation hearing?At a contested hearing on a cancellation of acontract, which may be public or private at theemployee’s election, each party is entitled toappear with or without counsel; may be heard;may present witnesses; and may cross-examinethe opposing party’s witnesses. The board orpresident may require the attendance ofwitnesses through subpoenas.What is the role of the board or collegepresident at the hearing?The board or president is to act in an“independent and quasi-judicial capacity.”Neither can act for personal or political reasons.Neither is to “deliberate or determine” theoutcome of the case prior to the hearing. Eitherhas the right to order a lesser punishment thanthat recommended by the superintendent orsenior personnel officer. Either can alsonegotiate a settlement with the employeeindependent of the superintendent or thesenior personnel officer.Is there any due process beyond theboard or president?Yes. An employee may demand a secondhearing before a hearing officer within 15 daysof receipt of notice of the board or president’saction.When is an employee’s salary cut offafter a board or president acts toterminate?A tenured employee who is terminated can stayon payroll for up to 75 calendar days after aboard or president acts to terminate theiremployment. If a hearing officer issues adecision upholding the termination before 75days is up, pay is cut off at that point. However,the severance pay is not provided, and pay is cutoff immediately after the board or presidentmakes a decision, in cases of “moral turpitude,immorality, abandonment of job, incarceration, orneglect of duty.”Who is a “hearing officer?”Hearing officers can be selected by mutualagreement of the parties. If that does nothappen, the hearing officers come from a panelof retired judges maintained by the executivedirector of the Alabama State Bar.Who can serve on the hearing officerpanel?Any retired Alabama judge, except for probatejudges, who express an interest in serving.13

How is a retired judge selected?The state superintendent of education or thechancellor of postsecondary education will sendnotice to the executive director that the partiesneed a panel of potential hearing officers. Thedxecutive director will send the employer andthe employee a list of five retired judges. Afteralternating strikes, with the employee strikingfirst, the last name on the list is appointed asthe hearing officer.What is the role of the hearing officer?The hearing officer is to hold a hearing. He/she must give deference to the employer’sdecision, but is not bound by it. He/she canreverse or uphold, but cannot modify, theemployer’s action.How long after the hearing does thehearing officer have to render a decision?Five days.What if the hearing officer rules in favorof the employee?The employee is to be reinstated and, whererequired, provided with back pay.Can a hearing officer’s decision beappealed?Yes. Either party may appeal a hearing officer’sdecision to the Alabama Court of Civil Appealswithin 42 days of the hearing officer’s decision.When the board of education refuses orfails to grant a tenured teacher or nonprobationaryESP a hearing on a transferor contract cancellation, what recoursedoes the employee have?If a request for a hearing is refused, theemployee may file a direct appeal to anadministrative law judge in the Office of theAttorney General.If a teacher’s contract is properlyterminated, will the teacher’s teachingcertificate be affected?This would depend on the facts of the case. Ifthe teacher is found “guilty of immoral conductor unbecoming or indecent behavior,” the statesuperintendent of education has the authorityto revoke the teacher’s certificate under Code ofAlabama, Section 16-23-5 (1975). Suchrevocation action would require notice and adue process hearing by the state superintendentof education.If the local board or college fails to givea tenured teacher or non-probationaryESP a written contract after schoolbegins, is the teacher’s tenure or ESP’snon-probationary status jeopardized?No. A written contract is not necessary for ateacher to remain tenured or an ESP to remainnon-probationary.14

Actions for which a Hearing isNot Required 2:______________________________________________What is administrative leave?Administrative leave is fully-paid leave given toan employee by an employer that does notcount against the employee’s sick leave,personal leave, or vacation balance. It isdesigned to allow employers to investigateallegations of impropriety. The law does notrequire a reason for placing an employee onpaid administrative leave, nor does it limit itsduration. Any employee notified that he/she isbeing placed on unpaid leave should notify theAEA immediately.What is a “reduction in force” or “RIF?”Section 16-1-33 defines a RIF as an “unavoidablereduction in the work force beyond normalattrition due to decreased student enrollmentor shortage of revenues.”Is there any other way an employee’s paycan be cut without a hearing?Section 6 (h) (2) of the SFA provides thatgroups of employees can have their pay cutwithout a hearing if the change is prospective ineffect, approved by the school board or collegepresident, and “applied to similarly situatedemployees within the two-year college, agency,or system, or within designated operatingdivisions, departments, or employmentclassifications therein.”What if an employer tries to use thisparagraph arbitrarily?Like with a RIF, if an employer does not complywith this provision to the letter, the AEA is readyand willing to file legal action in court toprevent arbitrary cuts to employees’ salaries 2 .How are RIFs treated under the StudentsFirst Act (SFA)?The Students First Act specifically exempts RIFsfrom the due process provisions forterminations, demotions, or transfers.What rights do employees have in a RIF?Employees have the right to be treated inaccordance with the RIF law, which requires thatRIFs be done on the basis of objective criteria.They have the right to insist that a RIF be donein accordance with their employers’ RIFpolicies. The AEA will take action in court if anemployer tries to invoke the RIF clause of theSFA and does not do so in compliance with theRIF law and the employer’s RIF policy.162 This is the law as written, but AEA reserves the right to challenge itsconstitutionality.

Leave of Absence andResignations:______________________________________________May an employee obtain a leave ofabsence without losing tenure or nonprobationarystatus?Yes. An employer may grant a leave of absencefor one year for good cause without impairingthe tenure or non-probationary status of anemployee. However, the employer is notrequired to grant a leave of absence. For validreasons, the employer may, but is not requiredto, extend the leave for an additional year. Thelaw does not permit an employer to extendleave beyond two years. Such leave must bewritten and approved by the employer.Does maternity leave affect tenure ornon-probationary status?No.When an employee takes extended leave,what benefits is he/she entitled tomaintain?Under the Family and Medical Leave Act of1993, an employee who has worked at least1,250 clock hours in the past 12 months isentitled to the same benefits while on medicalleave as he/she would be entitled to whileworking for up to twelve calendar weeks. Forexample, an employee would be permitted toretain his/her insurance benefits while onfamily and medical leave under the sameconditions as if he/she was teaching. Theemployee, however, is required to pay his/hershare of the premium to maintain the coverage.The employer will continue to pay theemployer’s share.When asked to resign or threatened withnon-renewal or dismissal, should anemployee resign?No. An employee should not resign until he/she has had an opportunity to discuss the entirecase with someone who can give him or hercompetent professional assistance and who canadvise them on the best course of action. Whena resignation is accepted by the employer,almost all rights are waived or lost.If a tenured teacher or non-probationaryESP moves to another system, does theirtenure or non-probationary statustransfer to the new system?No. Tenure or non-probationary status does nottransfer between school systems. The employeemust gain tenure or non-probationary status inthe new system the same as any other new hire.The only exception is when a city system isformed out of a county system, or consolidatesback into the county system. In those situations,which are outside the control of the employee,tenure or non-probationary status wouldtransfer.17

School Principals:Teacher Tenure Act/Students First ActOn July 1, 2000, an amendment to the TeacherTenure Act, known as the Teacher AccountabilityAct, went into effect. The Act made some technicalchanges to the Tenure Act and added “failure toperform duties in a satisfactory manner” to the list ofcauses for which a tenured teacher can beterminated. However, the main impact of thislegislation was to give school boards the option totake all principals hired after July 1, 2000, out fromunder the Teacher Tenure Act, and place them on acontract system. Some portions of the TeacherAccountability Act were repealed by the SFA but notall.Did the Teacher Accountability Act eliminatetenure for all principals?No. The Teacher Accountability Act only appliesto individuals who became principals for the firsttime on or after July 1, 2000. Anyone who wasalready a principal or who was hired as a principalon or before June 30, 2000, could elect to remainunder the Teacher Tenure Act or to come underthe Teacher Accountability Act. Also, local schoolboards have the option of keeping their principalsunder the Teacher Tenure Act if they wish.What is a “contract principal?”A “contract principal” is the term the Legislaturecoined to define individuals who are or will behired as principals after July 1, 2000. The termrefers to the fact that these individuals are nolonger covered by the Teacher Tenure Act, butwill be on term contracts.Does the Teacher Accountability Act apply toadministrators of vocational schools?Yes. The Legislature specifically includedvocational schools in the Act. However, only thechief administrator or principal is covered.What is the timeline for contract principals withregards to their contract?When a contract principal is hired, he or she willbe hired under a one-year contract. If they arebeing hired as a principal for the first time, he orshe may be given a two-year contract. At the endof the contract, the board can vote to renew thecontract. If the principal is renewed, he/she mustbe given a renewal of at least three years. Thecontract renewal process then takes place at theend of each contract.On what grounds can a contract principal beterminated during the contract?A contract principal can be terminated duringthe contract for immorality, insubordination,neglect of duty, conviction of a felony or crimeinvolving moral turpitude, failure to fulfill theduties and responsibilities of a principal, willfulfailure to comply with board policy, a justifiabledecrease in positions, failure to maintain theircertificate in a current status, incompetency,failure to perform duties in a satisfactory manner,and other good and just cause.Does the Teacher Accountability Act apply toassistant principals or vice principals?No. The Teacher Accountability Act only appliesto individuals who are “the chief administrator ofa school.” Assistant principals and vice principalsremain under the Students First Act.18

What is the procedure for terminating a contractprincipal during the contract?If a local board votes to terminate the contract ofa contract principal, it must provide writtennotice of such action, including the reasonsbehind it, within five days of the vote. Thecontract principal then has 10 days to file arequest for a hearing. Such a hearing will be heldbefore a circuit court judge and must be heldwithin 45 days of the contract principal’s request.If the court determines that it cannot conduct thehearing within 45 days, it must refer the matter toa mediator to conduct the hearing. If the contractprincipal receives an unfavorable ruling there,his/her only recourse is an appeal to the AlabamaCourt of Civil Appeals. Such an appeal must befiled within 14 days of receipt of the final rulingof the circuit court or mediator. Thesuperintendent then has 28 days after the appealis filed to transmit the record of the hearing tothe clerk of the Court of Civil Appeals. If thesuperintendent does not submit a full andaccurate record in a timely manner, the contractprincipal wins his/her appeal by law.Does the board have to wait until the end of acontract to renew a principal?No. The law provides that the board, upon thesuperintendent’s recommendation, may enterinto a new contract with a new principal at anytime. Such contract must be for at least threeyears.Are there any provisions regarding the evaluationof contract principals?Yes. The act provides that all contract principalsmust be evaluated annually by the superintendentor his/her designee. If a contract principal isnot evaluated during one year of the contract, his/her contract is extended by one year.What types of grades can a contract principalreceive on their evaluation?A contract principal can be evaluated assatisfactory, unsatisfactory but remediable, orunsatisfactory.How long before the end of a contract must aboard move to non-renew the contract?The board must vote to non-renew a nonprobationarycontract principal’s employment atleast 90 days before the end of his/her contract,and it must notify the principal within five days ofits decision. The process then is the same as if theboard were acting to terminate for cause. Aprobationary principal can be non-renewed on orbefore the last day of his/her contract.What if the board takes no action to non-renewthe principal’s contract?If the board takes no action, then the principal isconsidered rehired for another contract term.19

What happens if a contract principal receives an“unsatisfactory but remediable” evaluation?If a contract principal is evaluated as “unsatisfactorybut remediable,” he or she must have a conferencewith the superintendent. The superintendent willpresent a professional development plan thataddresses the areas of unsatisfactory performance.The contract principal must complete this planprior to his/her next evaluation.What happens if a contract principal receives an“unsatisfactory” evaluation?If a contract principal is evaluated as“unsatisfactory,” the superintendent has twooptions. The principal may be recommended fortermination for cause or the superintendent couldhave a conference with the principal and set out aprofessional development plan to address thedeficiencies in the principal’s performance.Principals must then complete that plan prior totheir next evaluation.Can a principal contest an “unsatisfactory”evaluation?Yes. If a contract principal is evaluated as“unsatisfactory” and noticed for termination, theprincipal can request a review of that evaluation.If such a request is made, the evaluation will bereviewed by an independent third-party evaluator.How is the independent third-party evaluatorselected?Within five days of the contract principal’s requestfor a review, the superintendent must request fromthe State Department of Education a list of fiveindividuals who are certified to review a contractprincipal’s evaluation. The superintendent and thecontract principal may then each strike two namesfrom the list. The remaining name is the evaluator.How long does the evaluator have to review theprincipal’s evaluation?Thirty days from the day the evaluator receivesthe evaluation from the superintendent.What happens if the evaluator overturns theevaluation?If that occurs, then the principal will continue toserve out his or her contract subject totermination for other future cause.What happens if the evaluator upholds theevaluation?The contract principal must be notified of thedecision and the reasons supporting it. Theprincipal’s contract will then be canceled.Can the superintendent or the board unilaterallymove to discontinue a contract principal’semployment?No. Any action to discontinue a principal’semployment must be recommended in writing bythe superintendent and ratified by the board.What if a tenured teacher becomes a contractprincipal and is non-renewed or terminated forcause?Like under the old law, tenured teachers retaintheir tenure rights when they assume the role ofcontract principal. If they are non-renewed orterminated as a principal for cause, they must bereturned to a similar status position within areasonable time after their termination or nonrenewal.However, if the termination or nonrenewalwas based upon conviction of a felony orother crime involving moral turpitude, then theformer contract principal loses tenure rights as ateacher as well.What happens if a contract principal is notevaluated?If a contract principal is not evaluated, his or hercontract is extended by one year for each yearthey are not evaluated. Their contract can beextended in this manner up to three years.20

Forums for Legal Actions:Courts:Courts are the final legal forum to protect certainrights of most employees. In cases arising under suchlaws as the Students First Act, and Title VII of the CivilRights Act of 1964, most employment disputes will beinitially adjudicated through administrative proceduresestablished by those statutes. Federal and state courtsare often the last resort for challenging employeractions. Once a case is filed in court, regardless of anemployee’s tenure status, the AEA has no jurisdictionor control over how soon the case is heard and cannotpredict how long the case will proceed. Depending onthe court, a case may be heard for the first time inthree months or two years from the initial date offiling. If the case is appealed to a higher court, ageneral rule is one additional year should be expectedfor each level of appeal. All employees are bound bythe timelines in the Students First Act when contestingthe actions of an employing board. Failure to meet thetime requirements will deprive the employee of anyfurther appellate relief.Equal Employment Opportunity Commission(EEOC):For certain types of cases, the Congress of the UnitedStates has provided an administrative, intermediatestep before suit can be filed in federal court.Complaints arising under Title VII of the Civil RightsAct of 1964 (age, race, gender, and religion) the EqualPay Act of 1963, the Age Discrimination inEmployment Act of 1967, Title IX of the EducationAmendments of 1972, and the Americans withDisabilities Act of 1990 must be filed with the EqualEmployment Opportunity Commission (EEOC) priorto filing federal litigation. While this process is timeconsuming,it is often the only avenue available forcertain types of cases.Title VII of the Civil Rights Act of 1964, as amended,prohibits employment discrimination based on race,religion, gender, or national origin. The Equal Pay Actof 1963 prohibits discrimination on the basis of sexand requires employees to receive equal pay for equalwork. The Age Discrimination in Employment Act of1967, and Title IX of the Education Amendments of1972 prohibit discrimination on the basis of age andsex, respectively. The Americans with Disabilities Actprohibits discrimination based on disability.Timelines for filing discrimination charges with theEEOC:➔ An employee has one-hundred eighty (180) daysfrom the time the employee knew or should haveknown of the first allegedly discriminatory actionto file a charge of discrimination with the EEOC.➔ The EEOC has the right to retain the charge ofdiscrimination for at least 180 days to:1. Settle the dispute.2. Issue a “right to sue” letter stating that therewas reasonable cause to believe thatdiscrimination had occurred.3. Issue a “no cause” determination that therewas no reasonable cause to believe thatdiscrimination had occurred and giving thecomplainant the right to file suit in federalcourt.➔ If after 180 days the EEOC has not issued afinding, an employee can request a right-to-sueletter on his/her behalf.➔ The employee has 90 days from receipt of theright-to-sue letter to file a complaint in federaldistrict court. Once a right-to-sue letter has beenissued by the EEOC and the evidence supportsthe complainant’s charge of discrimination, theAEA may consider the member’s petition forassistance upon a timely request.Department of Human Resources – Charges ofChild Abuse:The Department of Human Resources has broadpower to investigate, prosecute, and maintain acentral registry of charges and findings. Adetermination of an indicated finding that abuse hasoccurred would have a dramatic impact on aneducational employee’s financial and professionalfuture. As a result of a finding of abuse, educationalemployees may be suspended without pay, terminated,21

charged criminally, sued civilly for damages, or mayhave their teaching certificate permanently revoked.The AEA also provides assistance in mattersconcerning the Department of Human Resources. If amember is accused of child abuse, sexual abuse, orsexual misconduct and that misconduct was alleged tohave occurred at work or is otherwise related to theiremployment, the AEA provides counsel to defend themember against the charges, unless the memberresigns or admits guilt.Board of Adjustment (BOA):The Board of Adjustment (BOA) is a state agencycreated to provide to, among other persons,employees of boards of education who sustain injurieswhile on the job. Recovery of such job-related injuriesis very limited and patterned after the Alabama Lawfor Workers’ Compensation. Under the laws ofAlabama, school boards are not required to provideWorker’s Compensation insurance. Any successfulrecovery from the BOA is limited to reimbursement ofany out-of-pocket expenses; that is, any expenses notcovered by insurance. Any claim before the BOA isreduced by the amount of insurance coverage that themember may have from any source, whether fromtheir own insurance and that of their spouse. Lostwages may be recovered from the BOA; claims arelimited to those days where the employee was dockedleave or pay. If the local board has reimbursed theemployee for lost wages (up to 90 days), the BOA willnot provide additional reimbursement for that time.The BOA also uses the Alabama Law for Workers’Compensation as a guide to calculate the amount oflost wages. The maximum amount of recovery underAlabama Law for Workers’ Compensation is 66.6percent of lost wages, up to the maximum amount atthe time of injury.ALL BOA CLAIMS MUST BE FILED WITHIN ONE(1) YEAR FROM THE DATE OF THE INITIALINJURY. THE AEA MUST RECEIVE A COMPLETEDAND SIGNED APPLICATION FOR ASSISTANCENO LESS THAN THIRTY (30) DAYS PRIOR TOTHE DEADLINE FOR FILING A BOA CLAIM.The employee is responsible for payment of medicalbills, before, during, or after recovery from the BOA.Any legal assistance provided by the AlabamaEducation Association legal department is limited toemployment-related matters. The AEA ordinarily doesnot provide counsel to pursue personal injurylitigation arising out of job-related injuries.The burden of proof rests on the employee.Documentation is necessary to substantiate a claimbefore the BOA. Some examples of the types ofdocumentation needed, include but are not limited to:an accident or injury report; itemized medical bills;insurance company summary sheets; letters from theemployer to show lost wages and the daily rate of pay;a disability rating, if applicable; receipts or bills tosubstantiate damages; and a list of any other expenses,such as mileage, that the member incurred as a resultof the injury.Because the Board of Adjustment processes so manycases, once a claim is filed, often it takes several yearsbefore the matter is resolved unless an offer ofadministrative settlement is made and accepted. If theclaim is contested, a hearing must be scheduled by theBOA. Neither the AEA nor its attorneys have anycontrol over the scheduling of hearings before theBOA.Liability Cases:The explanation of the NEA Educators EmploymentLiability (EEL) Program contained herein is onlygeneral information. The actual coverage and termsthereof are outlined in the certificate of coverage thatis furnished annually to each member. Determinationof coverage under the policy is vested solely within thediscretion of the liability carrier.All AEA/NEA members are insured under the EELProgram. The program is a professional liabilityinsurance program offered as a benefit to AEA/NEAmembers.The EEL Program provides payment orreimbursement of legal costs for defending civilproceedings, civil rights violations, criminalproceedings, or posting of bail bonds. The programprovides payment of legal costs for defending civilproceedings (other than civil rights violations)22

ought against members in the course of their workas educators. The policy covers up to $1,000,000 indamages assessed against a member as a result of suchproceedings. The policy also provides up to $300,000worth of defense, settlements or judgments and othersupplementary payments for proceedings involvingcivil rights violations. Coverage is subject to a$3,000,000 per occurrence cap, regardless of themembers involved in the occurrence.A member may seek reimbursement of attorney’s feesand other legal costs up to $35,000 if the member ischarged with violating a criminal statute in the courseof his/her employment as an educator and themember is subsequently exonerated of the charges. Ifthe AEA provides legal counsel for defense of acriminal charge, it may seek reimbursement under thepolicy. A member may also seek reimbursement of upto $1,000 for a bail bond premium if he/she has topost a bond as a result of an occurrence arising out ofhis/her employment as an educator. The insurancecompany is not obligated to furnish the bond.A member may also seek payment of up to $250 fordamages to personal property that resulted from anattack on the member in the course of his/heremployment.As educators, members are frequently exposed tosituations that may give rise to legal actions and whichcan involve personal liability. If a student or a parentfiles a suit against a member, the EEL Program willprovide the member with insurance protection in themajority of cases. The EEL policy covers claims arisingout of the covered acts that occur during the contractperiod. However, certain activities are excluded andthe policy explicitly states those exclusions. However,some exclusions include, but are not limited to:teaching or supervising medical services; operatingmotor vehicles; selling or distributing products,including food and beverages; law enforcementactivities; and using or supervising the use of firearms.to the expressed or implied terms of his/heremployment with an educational unit.If a member is involved in any situation, includinginvestigations by law enforcement officers, in whichthe member believes he/she may be covered by theEEL Program, the member should contact either thelocal UniServ Director or the EEL Programcoordinator at the AEA Headquarters.In the event that a member is sued for activitiesarising out of his/her educational employment, themember should immediately submit a PR&R Formand copies of all legal documents to Dr. Gregory T.Graves at AEA, P.O. Box 4177, Montgomery, Alabama36103-4177.Other Cases:➔ In criminal cases, the assignment of counsel isdetermined on a case-by-case basis after a review ofthe facts. Generally, in matters arising out of amember’s educational employment activities (i.e.,a member is charged with assault defending himselfor herself against a parent), counsel will beassigned to defend the member. However, counselgenerally is not assigned to defend the member insituations personal in nature(i.e., stabbing anotheremployee on school property). In the event thatthe AEA does not assign counsel in a criminal case,if the charge is determined to be the result of aneducational employment activity and the member isexonerated of the charges, the AEA will assist themember in seeking reimbursement of attorney feesfrom the insurance carrier.➔ In those instances where a case appears to beprecedent-setting, the AEA/NEA may accept it as atest case and assume all legal costs and relatedexpenses. In the event that legal fees and/orcourt costs are awarded, the AEA/NEA reserves theright to partial or full payment of any costs for legalservices rendered.The EEL Program provides coverage for educationalemployment activities on and off school grounds,including school-sponsored athletic events,laboratory experiments, shop training, field trips, andafter school clubs. Educational employment activitiesare those duties that an employee performs pursuant23

Denial of Assistance:Appeals Procedure:Decision to Decline or Discontinue Service: The AEAreserves the right to decline to provide legal assistanceor representation or may discontinue financial supportof a case in the following circumstances.➔ If the case involves support of a position contrary tothe policies of the AEA or NEA, the AEA reserves theright to decline to provide legal assistance orrepresentation or may discontinue financial supportof a case.➔ If the member or affiliate does not fully cooperatewith the AEA or the attorney assigned by the AEA,the AEA reserves the right to decline to provide legalassistance or representation or may discontinuefinancial support of a case.➔ If the member or affiliate is less than truthful orforthcoming with the AEA or the attorney assignedby the AEA, the AEA reserves the right to decline toprovide legal assistance or representation or maydiscontinue financial support of a case.➔ If the AEA determines that the facts of the case asalleged by the member or affiliate are incorrect,untrue, or do not support a legal cause of action, theAEA reserves the right to decline to provide legalassistance or representation or may discontinuefinancial support of the case.➔ If the member or affiliate retains a private attorneywithout the knowledge or consent of the AEA, theAEA reserves the right to decline to provide legalassistance or representation or may discontinuefinancial support of a case.➔ If in a previously accepted case, the AEA determinesfrom the evidence uncovered during therepresentation that there is little likelihood that themember or affiliate will be granted relief throughfurther pursuit of the case, the AEA reserves the rightto decline to provide legal assistance orrepresentation or may discontinue financial supportof a case.➔ If in a previously accepted case, the AEA determinesthat the case no longer has legal merit because ofchanges in the facts, law or precedent-setting courtdecisions, the AEA reserves the right to decline toprovide legal assistance or representation or maydiscontinue financial support of a case.➔ If in a previously accepted case, a settlement offer isproposed which, in the opinion of the assigned legalcounsel and the Associate Executive Secretaryprovides the member with substantial relief andshould be accepted, and the member rejects thesettlement offer, the AEA reserves the right todiscontinue financial support of a case.➔ If in a previously accepted case, the member agreesto accept a settlement offer then later decides not toexecute a formal settlement agreement or refuses toabide by the terms of the settlement, the AEAreserves the right to discontinue financial support ofthe case.Member’s Responsibilities Pending Appeal:At any stage in the Legal Services Program where themember’s case ceases to have merit as determined bylegal counsel, the Associate Executive Secretary maydeny additional support to pursue appeals when theevidence shows that further pursuit of the case will bewasteful of the AEA resources, frivolous, or contrary tothe existing state of the law. Provided, however, that inany case where the Associate Executive Secretarywithholds financial support to a case, the member mayappeal that decision to the PR&R Commission, andthereafter, to the AEA Board of Directors and to theNEA. While the member is appealing the AssociateExecutive Secretary’s decision to withhold support, it isthe member’s responsibility to provide his or her ownrepresentation as if the AEA were never in the case. Inany case where financial support is withheld or deniedand support is subsequently restored after appeal, theAEA will reimburse the member reasonable attorney’sfees and expenses incurred, if any, during the period ofnon-support, less any amount awarded by the courts.Appeal of Associate Executive Secretary’s Decision:Where an application for legal assistance is denied by theAssociate Executive Secretary or the Associate ExecutiveSecretary discontinues financial support of a previouslyaccepted case, the member may appeal to the AEA PR&RCommission for the reasons listed below, provided the24

applicant follows the procedure outlined herein and actswithin the timelines established by such appeals.➔ A procedural violation pertaining to the handling of arequest for legal services.➔ An unreasonable decision of non-support based uponfaulty consideration of the merits of the case or theevidence.➔ Decision of non-support was arbitrary, capricious ordiscriminatory and contrary to existing law.Appeal Timelines and Procedure:An appeal of a decision of non-support by anindividual or affiliate shall be filed within 20 days of themember’s receipt of the denial of support with the PR&RCommission chairperson. A copy of the appeal should beprovided to the Associate Executive Secretary at the timethe appeal is filed.➔ The appeal shall be in writing and signed.➔ The appeal shall contain the full name, address andtelephone number of the person(s) or localaffiliate(s) making the appeal.➔ A concise statement of the facts shall be submitted.➔ The appeal may be delivered personally or by mail tothe Office of the Associate Executive Secretary,directed to the attention of the chairperson of thePR&R Commission.➔ A complaint may be amended or withdrawn by theaggrieved party at any time prior to the convening ofthe hearing.➔ The commission shall hear the non-support appeal atits next meeting following its receipt of the notice ofappeal from the member. The PR&R Commissionshall render a decision within five days after thehearing, and the member will be notified within sevendays of the decision reached.➔ The individual (or affiliate) making an appeal may berepresented by a representative of his/her choosing athis/her own expense.➔ All individuals (or local affiliates) shall be given thetime and place of the hearing and shall be advised ofthe hearing procedures provided herein.Appeal Hearing Before the PR&R Commission:➔ Identification of all participants by the chairperson.➔ Review of the hearing procedure by the chairperson.➔ Presentation of appeal by member, limited to 15minutes.• Formal or informal statement.• Introduction of other evidence (if any).➔ Response by Associate Executive Secretary or his/herdesignee, limited to 15 minutes.• Formal or informal statement.• Presentation of evidence in support of decisionof non-support.➔ Questions by commission to appealing memberand Associate Executive Secretary.➔ Closing statement by applicant or representative.➔ Closing statement by Associate ExecutiveSecretary.➔ Dismissal of member from the room.➔ Deliberation by the PR&R Commission.Appeal to the AEA Board of Directors:The decision of the PR&R Commission may be appealedto the AEA Board of Directors by writing the AEApresident or Executive Secretary to be placed on theBoard agenda. An appeal to the Board shall be limited tothe same reasons initially raised in the appeal to thePR&R Commission. An appeal to the Board of Directorsmust be filed within 20 days of the member’s receipt ofthe PR&R Commission’s decision. The appeal hearingbefore the Board of Directors shall be governed by theprovisions relevant to the hearing before the PR&RCommission.Appeal of AEA’s Denial of Support to NEA:Within 90 days of the completion of the internal appealto the AEA PR&R Commission and the Board ofDirectors, a member who is denied legal assistance by theAEA is entitled to request legal assistance from the NEA.The member may appeal to NEA on the sole ground thatthe AEA failed to process his/her application or handlethe matter in accordance with the provisions of the AEA’sLegal Services Program guidelines. The memberapplicant may appeal to the NEA by writing to theNational Education Association, Legal Services Program,1201 16th Street, N.W., Washington, D.C. 20036.25

Attorney’s Fees in Cases Where Support is Denied:The AEA will not reimburse members for attorney’s feesincurred after the member’s case has been declined bythe Associate Executive Secretary or after the AssociateExecutive Secretary discontinues support for a case,unless and until that decision is reversed during theappeals process.Provisions for Legal Representation:The decision to pursue a case at each administrative orjudicial level will be made by the AEA if the case is toqualify for reimbursement under the Unified LegalServices Program (ULSP). If the matter is referred to anattorney, the AEA shall select the attorney. Only AEAapprovedattorneys are assigned the AEA cases. The AEAwill not reimburse members for attorney’s fees ofattorneys not selected by the AEA. As outlined above, theAEA reserves the right to discontinue support of a caseupon completion of each administrative or judicial levelor otherwise.Reimbursement of Court Costs and Legal Fees:Prior to receiving legal assistance under this plan, as setforth on the PR&R Form, the member must agree inwriting to repay the AEA up to the amount of the AEA’slegal expenses on behalf of the applicant in the event ofan award, settlement, or insurance payment in excess ofthe member’s actual economic loss. The member mustfurther agree that in any event, the AEA will bereimbursed with amounts recovered that have beenspecifically designated as attorney’s fees or court costs.The AEA will be responsible for the collection of suchmonies and for forwarding the NEA its fair share of thereimbursed or recovered legal costs of the case.Participating Attorneys:The AEA employs staff attorneys and retains law firmsstatewide to advise members of their rights. Casesprocessed under this plan as reimbursable under theAEA/NEA Unified Legal Services Program (ULSP) willonly be assigned to attorneys who have been approved asthe AEA Legal Services Program attorneys. This programdiffers from the AEA Attorney Referral Program.Attorney’s fees in excess of the rate or rates agreed uponby the AEA will not be paid. No fees will be paid to theAEA participating attorneys unless in conjunction with alegal matter that the AEA and the NEA agree should bepursued.Bills from all attorneys will be required to includeitemized specific information in a manner to beestablished by the AEA.The AEA as a Party:In all cases where the AEA becomes a party litigantthrough intervention or institution, prior approval of theAEA Board of Directors shall be required, regardless ofthe amount of expenses involved.Amicus Curiae:On recommendation of the Associate Executive Secretarywith the concurrence of the co-chairperson of the PR&RCommission, the Executive Secretary, and the AEApresident, an Amicus Curiae motion and brief may befiled in court in the name of the Alabama EducationAssociation when it is deemed to be in the interest of themembership to have the association’s position known ona legal question before a court.Press Releases and Publicity:While it may not be the practice of the commission toissue statements about legal matters, from time to time,in the interest of the association, it will be necessary toprovide the public with information pertaining to thecommission’s activities. Therefore, the AEA’s executiveofficers reserve the right to publicize cases for whichsupport is received under this plan. In such instances,statements for public enlightenment will be draftedunder the auspices of the staff consultant to the PR&RCommission with the assistance of the Department ofPublic Relations, provided, that in all cases, suchstatements will be cleared with one of the executiveofficers.26

Administrative Procedures and Reimbursement bythe NEA:It is the responsibility of the AEA to ensure that theAEA’s Legal Services Program operates in accordancewith the Unified Legal Services Program Guidelines inorder to qualify for reimbursement under the ULSP ofthe NEA.The AEA will provide non-confidential information on itslegal services program including the procedures used inprocessing applications for legal assistance, to localaffiliates and members.The AEA will maintain the following records:➔ Case files on each application for assistance toinclude:1. The initial application;2. Acceptance or denial of assistance lettersfrom the AEA;3. Detailed expenditure records including copiesof attorney’s bills for all services renderedunder this plan;4. Court orders or other official documents anddecisions relating to closed cases includinginformation on any and all awards, settlements,or recoveries; and5. Briefs and official court decisions regardingmatters funded under this plan that didnot involve the services of an attorney.➔ The association’s financial records relative to theULSP.Special Investigations (non-legal):In special cases, the commission may appoint a specialAd Hoc Committee for additional investigation. Theappointed Ad Hoc Committee will contact theindividuals making the request, speak to all partiesdirectly involved in the problem, and will, uponentering any school system, visit with thesuperintendent as a matter of courtesy. A chronology ofevents leading to the situation shall be prepared on thebasis of statements of the involved parties.Member AssaultProtection Program(MAPP):AEA members know the rising tide of assaults that areoccurring in the field of public education. Whether it isin the classroom, the gym, the cafeteria, or on the schoolbus, AEA members deserve additional protection fromassault from parents, guardians, and students.How It Works:➔ Effective in the 1998-99 membership year, the AEAinstituted a new AEA member benefit programentitled the AEA Member Assault ProtectionProgram (MAPP). This new benefit will be free toall AEA membership categories when themember is actively employed and paid by a boardof education or public employer.➔ To qualify for this benefit, the member must filean official complaint with local law enforcementauthorities, obtain a copy of the police report,complete a MAPP form, and forward all relateddocumentation to the AEA.➔ The AEA will pay up to $5,000 per occurrence foran attorney, if the local district attorney fails tobring appropriate legal charges, to prosecute anyparent, guardian, student, or person who physicallyassaults a member while the member is performingan authorized school function or participating inassigned job-related activities. (Assault by anotherAEA member is not covered under this program).➔ All claims must be filed with the AEA within 45 daysof the assault. AEA membership must be in effectat the time of the assault.The special committee shall make a written report ofits findings to the full PR&R Commission and shallmake appropriate recommendations for action orfurther investigation, if necessary.27

Conclusions:If an assault occurs while you are on the job orperforming a required school function, here’s what youdo:1. File an official complaint against the perpetratorwith local law enforcement officials;2. Obtain a copy of the police report or sheriff’sreport of the incident;3. Complete and file a MAPP form, with alldocumentation, within 45 days of the incident toDr. Gregory T. Graves, Associate Executive Secretary,AEA Legal Division, P.O. Box 4177, Montgomery,Alabama 36103.➔ Coverage does not apply when an assault occursbetween AEA members.➔ The AEA, at its sole discretion, reserves the right toexpend funds under this program.➔ The AEA will not provide funding to pursuelitigation against an individual(s) for maliciousprosecution or other similar claims.The AEA’s Legal Services Program provides memberprotection which has proven very effective over the years.Hundreds of members who thought they would neverneed the AEA’s legal services have learned firsthand that,had it not been for the AEA, they would have beenunemployed or worse, facing criminal charges.Legal matters often proceed very slowly. Some cases havelasted as long as eight years and one case, which wasresolved in the teacher’s favor, lasted 15 years. Whiletenure hearings have definite timelines, once a lawsuit isfiled, the judge may wait many months before setting atrial or hearing date and then may not rule for a longtime thereafter. There is very little the AEA or anattorney assigned by the AEA can do under thesecircumstances to speed the process. While members maycertainly contact the assigned attorney or the AEA LegalDepartment for a status report on their case, often therewill be no movement on a case for a significant period oftime. Whenever a decision has been reached by a courtor other entity such as a hearing officer, the member willbe promptly notified by the attorney assigned to the case.The Legal Department cannot and will not releaseinformation concerning any case to any person otherthan the member who is the party involved in the case.Every case of every member cannot be carried to theAlabama or U.S. Supreme Courts. The AEA/NEA mustalways strike a balance between zealously representingthe rights of our members and being good stewards of itsmembers’ money by not wasting it pursuing cases with noreasonable chance of success. In making this decision,the judgment of competent legal counsel must be givenconsiderable weight. Since the AEA has been involved inthousands of cases at all levels, most cases can beevaluated against legal precedent established in priorcases.The AEA’s goal is to provide every member competentlegal counsel when legal representation is necessary. Asstated earlier, however, every member’s problem does notalways have a legal solution. Many member’s concernsinvolve local grievances that are handled by the AEA’sUniServ field staff. In those cases where a request forlegal assistance involves a grievance, such requests willusually be referred to the UniServ director for furtheraction. Even though a member may never have a case,the fact that the AEA has a respected Legal ServicesProgram keeps many employers cautious about usingtheir positions improperly.28

Alabama Education Association422 Dexter Avenue (36104) • P. O. Box 4177Montgomery, AL 36103-4177334-834-9790 • 800-392-5839www.myaea.orgPRR.10700.0612