Reassignments
Employees beginning work with a new
district often believe that they have been hired for a
specific position and that they will always be entitled to
hold that position until they retire or resign from the
district. So it is often an unwelcome shock when word
comes down that job assignments are being changed. Can
employees insist on staying in their current positions?
The reality is that most employees can be
reassigned to different jobs, whether that be a bus driver
who gets a different route, a school secretary who is
moved to another campus, or a teacher moved from one grade
level to another. If you are given a reassignment that
you would rather not have, the first thing to do is check
your contract (if you have one) and see if it specifies a
particular assignment. If it does, then the district must
keep you in that assignment. If your contract does not
state a specific assignment, or if you do not have a
contract, check your district and campus policies to see
if there are any written guidelines the district must
follow when making reassignments. If there are, read them
carefully to see that they were followed properly.
In rare instances, there might be evidence that a reassignment has
been made for an illegal reason, which could include
retaliation for filing a grievance, or the gender, race,
ethnicity, religion, disability or age of the employee.
Generally, if the reassignment is made primarily because
of one of these characteristics, then it is an illegal
action. If it is based in part on these factors,
but the district can show that it would have reassigned
the employee anyway for other valid reasons, then the
reassignment is probably legal.
Even if the reassignment is legal, it may
not be the best decision for you or the district. Talk to
your principal or supervisor and make sure he is
aware of the specific reasons why you believe the
reassignment would not be the best use of your talents.
If nothing else, this meeting might give you some insight
into the reason(s) behind the decision. In any case, you
may file a
grievance to contest a reassignment.
Keep in mind, though, that as explained above, districts have a great deal of
discretion in making reassignments, and, in most cases, the administration will have the last word
on a proposed reassignment. Employees who do not
have contracts have greater flexibility in responding to
unwelcome reassignments, but the additional choice they have is not necessarily a good one.
Employees without
contracts are free to resign at any time and may
avoid an unwelcome assignment by simply quitting. Employees under contract, however, have
already agreed to work for the entire school year in
whatever assignment the district chooses to place that
employee, so long as it falls within the position
description listed in the contract, and the employee is
properly certified for that position. Employees under
contract to the district must complete the school year
before they are free to resign. If you are a contract
employee, the best way to be prepared for change is to be
very familiar with the details of your employment
contract.
School districts are required to fill all teaching
assignments with people who are fully certified for them
whenever possible. When it is necessary to fill an
assignment with a person not certified in that area, the
district must secure a temporary or emergency permit for
the assigned individual. A teacher can refuse the
assignment if she was employed the previous semester in an
assignment for which she was certified. If the previous
assignment no longer exists, the teacher may resign or the district can assign her
outside her certification area. However, she must be returned to a
position for which she is certified as soon as one is
available. Teachers in this situation are not required to
work toward certification unless they stay in that
assignment for a second year.
Once a teacher voluntarily agrees to an
assignment that requires an emergency or temporary
certificate, the teacher is responsible for working toward
the new certification. Failure to fulfill elements of the
deficiency plan required for renewal of the emergency
permit, or failure to pass the necessary ExCET/TExES exam
by the required time, can result in termination of
employment.
Districts are also required by law to
notify the parents of students who are in classes taught
by teachers who are not certified for the assignment. This
includes teachers on emergency and temporary permits. This
law does not apply to teachers in alternative
certification programs, on district permits or who are
certified in another state and awaiting Texas
certification. Districts must distribute this notice no
later than 30 instructional days after the teacher begins
the assignment.
Important note: Additional certification
areas added by a teacher after Sept. 1, 1999, will be governed under
the new renewable certificate rules, whether or not the
person was certified to teach prior to this date. For
example, Ms. Smith received her teaching certification in
history in 1990, so her history certificate was
grandfathered and is not governed under the renewable
certificate system. However, Ms. Smith now wants to obtain
a biology certificate as well. Because she will obtain her
biology certification after Sept. 1, 1999, her biology
certificate will be governed under the renewable
certificate system.
___________________________
The legal information provided on this Web site is for general purposes only. It is not intended as a substitute for
individual legal advice or the provision of legal services. Accessing this information does not create an
attorney-client relationship. Individual legal situations vary greatly and readers should consult directly with an
attorney. Eligible ATPE members should contact the ATPE Member Legal Services Department using our
online system, MLSIS.
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