April 19, 2018 at 7:00 PM - Board of Education Special Meeting

Discussion:  Mr. Chapman shared information with the board members, saying if the student school calendar is left as it currently stands, Lindsay Schools will have 3.8 days above the minimum attendance requirement as set forth by the State Department of Education.  He introduced Tony Childers from the Center for Education Law, who was present to address policies and procedures concerning days missed by teachers and other employees during the work stoppage.  Some support employees work schedules were affected, including aides, bus drivers, and cafeteria workers.  

Discussion:  Tony Childers from the Center for Education Law spoke to board members.  He shared that schools all across the state are facing similar problems and questions.  He began by addressing some of the questions he hears most frequently.  Many have asked if the walkout was legal.  There is a statute that states a walkout is illegal, but that applies to a walkout against the local board of education.  Since the recent protest was against the state legislature, it was not illegal. Another question has been if students are required to have 1,080 of classroom time, why would teachers have to work beyond this requirement.  In the past, schools operated on a calendar based on a certain number of days (which has been 180 days for Lindsay Schools).  Some time back, a minimum requirement of 1,080 hours classroom time was set by the State Department of Education.  When that change took place, teacher contracts in many schools remained the same and were based on a certain number of days.  The contracts specify a begin and end date, and in those instances the school calendar would need to be reviewed to determine the number of days teachers are to work.  Schools have addressed the time teachers are to work in various ways.  Legally, a district cannot give teachers additional days that they do not work.  This would be considered giving teachers a gift, and by law that is not allowed.  Remaining snow days can be applied to days missed during the walkout.  Lindsay Schools have done this, and there are five days not accounted for after those days were applied.  Mr. Childers said their office is advising that if teachers are going to be paid, they will have to make up the time missed.  They would also have the option to have their salary reduced if they do not want to make up the time.If teachers choose to take a reduction in pay, they need to keep in mind their retirement will be affected.  If they don't work the full number of days in their contract, they will not receive full credit for the year with Teachers' Retirement.  Credit for the year will be calculated on a percentage of days worked to total days in the contract.  A variety of things can be done to make up the time - teachers can attend professional development, work in their classrooms, do inventory of their classrooms, etc.  No leave can be used during the walkout, but the appropriate leave may be utilized during the times work is being made up.  Mr. Childers also mentioned that if employees were asked to perform any of their duties during the walkout, the time worked could be applied to the amount of time to be made up.