Know Your Rights – Pedagogues
Should we have an index, like the UFT does? Or keep it as one long
file? Or one long file with indexing?
(this document was prepared by the United Federation of Teachers in
If you are absent from school because of illness, you will be paid for
up to 10 days in any school year without needing to submit a doctor’s
note. These are known as “self-treated days.” If you take more than 10
self-treated days in any school year, you will not be paid for those
additional absences unless you submit a doctor’s note, even if you have
accumulated days in your Cumulative Absence Reserve (CAR). Wherever
possible, you should submit medical certification for each day you are
absent to preserve as many of your self-treated days as possible.
You can use three of those 10 days for personal business, provided that
you give reasonable notice to your principal. Personal business is
officially defined as something that cannot be done at any time other
than a school day, during school hours. Two of these three personal
business days may be used to care for family members who are ill.
If you have exhausted all the days in your CAR (commonly known as your
“sick bank”) and you are regularly appointed, you may borrow up to 20
additional sick days. Regardless of the nature of your absences, it is
most important that you call your school each day and notify the
principal that you will be absent.
Absences due to childhood illnesses that are listed in our contract
(German measles, mumps and chicken pox), for the death of a member of
your immediate family or to appear in court as a juror or witness are
considered “non-attendance” days and are not deducted from your CAR.
Your chapter leader can advise you about the forms you must file for
Also see Attendance Procedures; Cumulative Absence Reserve; Excessive
As someone committed to public education who sees close up the
conditions in which our students learn and live, you are in a unique
position to help influence public policy. Over the years, the UFT has
often called upon its members to speak their minds and tell the truth
in lobbying visits, at legislative hearings, public forums and print
and broadcast interviews. You can do this without fear of retribution.
You have the right to comment on Department of Education policies
publicly, but you should make it clear that you are speaking for
yourself only. If any official should attempt to pressure you against
speaking your mind or retaliate against you for doing so, the UFT will
stand with you. However, the union strongly advises you to consult with
your UFT district representative before taking such action.
With certain explicit exceptions, administrative assignments are
prohibited unless the school chapter votes to create them through an
approved school-based option [see SBO].The exceptions are cafeteria
duty, yard duty, hall patrol, AM/PM bus duty and homeroom. If you wish
to be assigned one of those activities, you should rank it in priority
order on your professional period preference sheet. If you are given an
administrative assignment, you cannot be involuntarily assigned to
another administrative assignment the following school year.
Also see Professional Activity Options; Professional Activity
Procedures; Program Preference.
If the police should arrest you in school for any reason — work-related
or not — you or your chapter leader should call the UFT borough office
immediately for assistance. You should give the UFT representative the
name and precinct of the arresting officer along with any other details
you have regarding the arrest. If you are arrested, you must notify
your principal and the Office of Personnel Investigations in writing
(Chancellor’s Regulation C-105). The UFT will provide legal assistance
if you are arraigned. If you are arrested for any actions arising out
of the disciplining of a student, you should immediately apply to both
the DOE and the city Corporation Counsel for representation.
Also see Legal Assistance.
If you are assaulted, threatened, cursed at or verbally harassed on
school grounds by anyone — a student, a parent, an intruder or anyone
else — you should immediately notify your principal and UFT chapter
leader. This applies whether or not you suffer any physical injuries.
You must file an Occurrence Report and Comprehensive Injury Report
within 24 hours of the assault detailing what transpired. If you are
unable to fill out the reports due to injuries, your chapter leader
and/or a colleague can do that for you. If you are unsure whether what
happened to you constitutes an assault, you should still fill out both
You also should file a UFT Safety/Incident Report online, at
www.uft.org — click on Safety/Discipline report on the home page. You
can also get the form from your chapter leader. Once you’ve completed
it, fax it to the UFT Safety Department (1-212-677-6612). If your
injuries prevent you from filling out the UFT Safety/Incident Report,
you or your chapter leader should call your UFT borough office. In an
emergency, you can get immediate union assistance by calling the UFT
Safety and Health hotline at 1-212-707-9407 between 8 a.m. and 7 p.m.
Your chapter leader will notify your UFT district representative and
the union’s Victim Support Program (1-212-598-6853) of the incident. If
you need or want help, the Victim Support Program will provide you with
counseling, legal advice, help dealing with medical matters and
violence-prevention training. You might also consider pressing charges
against the assailant.
Your principal is required to investigate what happened to you and
write a full report, which should include statements by all the
witnesses who were present during the incident. You must sign the
report to acknowledge that you have seen it, but you can attach a
statement of your own if you don’t believe it adequately states the
facts. Finally, you or your chapter leader should make sure that your
principal has notified the DOE’s Office of Legal Services
(1-212-374-6888) and the Director of School Safety (1-718-730-8800)
within 24 hours.
Also see Court Appearances, Injury in the line of Duty, School Safety,
Victim Support Program.
Teachers were once required to punch in and out with a time clock, but
the UFT won the elimination of that vestige of factory-model teaching
in the 1990s. Today, the principal must consult with the UFT chapter
committee and many have jointly established procedures for keeping
track of staff attendance and lateness.
Also see Absences, Excessive Absences/Lateness
Budget, see School Budget.
If you are required to do classroom or hall bulletin boards, their
format is up to you. In a right won recently, your principal cannot
dictate how they look or discipline you for their format.
Also see Micromanagement.
If you have a reasonable suspicion that a student has been abused,
maltreated or neglected, you are required by law to file a report with
the State Central Register personally by calling 1-800-635-1522. Your
job is to report the suspicion, not to investigate it. All reports made
to the SCR should include the name, title and contact information for
every staff person in the school who is believed to have direct
knowledge of the allegations contained in the report. Afterward, you
must immediately notify the principal or the principal’s designee and
provide the Caller I.D. number provided by the SCR. If your suspicion
of abuse involves a special education student, you should inform the
principal and Central Register of the child’s handicapping condition.
If you suspect child abuse and fail to report it, you may be subject to
disciplinary action by the DOE, as well as be civilly or even
criminally liable for any injury to the child. At the same time, if you
report and you are wrong, you will be protected from any adverse
disciplinary or legal action.
As part of state certification requirements, you must take a two-hour
course in child abuse recognition and reporting procedures. The UFT
regularly offers this low-cost course, which is listed in the New York
Teacher educational supplement that’s mailed to your home in August,
January and June. You can also find the listings online at
www.ufttc.org — click on Conferences.
(Professional Menu), see Compensatory Time Positions, Professional
Activity Options, Professional Activity Procedures, School-Based
When a teacher is absent, the principal should always attempt to cover
that class, preferably with a substitute teacher. When a substitute is
not available, the principal should first ask for volunteers and, if
that doesn’t work, can assign you to provide coverage. As a last
resort, the principal can break up the class and spread its students
among similar classes.
In elementary schools, the practice of breaking up classes is strongly
discouraged; if this is a common occurrence in your school, you should
notify your chapter leader and district representative immediately.
Except in an emergency, your preparation period should not be lost to
an involuntary class coverage. Principals should always seek volunteers
before assigning someone involuntarily to cover a class.
If you teach in a secondary school, you can be assigned a class
coverage on your preparation or professional period. Just as in the
elementary schools, principals should seek volunteers before assigning
Regardless of whether you teach in an elementary or secondary school,
all class coverages should be assigned on a rotating basis among those
available. You don’t get paid for your first class coverage per term,
but you will be paid for each additional coverage —whether assigned
voluntarily or involuntarily — at the contractual rate of pay.
Keeping class sizes within proper limits is not just a professional
right to enable you to do your job better; it’s also an educational
benefit for students who can receive more individual attention.
Contractual class-size limits vary with the school level, type of class
and other factors. Within the first few days of each school year or
term, check with your chapter leader to find out if your classes exceed
the appropriate class-size maximums. If they exceed those limits, have
him or her file a grievance for you. This should be done even if the
principal says there is neither the space nor the budget allotment to
create smaller and/or more classes.
In addition to contractual limits, the state Legislature and City
Council have provided funding annually to reduce class sizes in grades
1, 2 and 3 to levels below the contractual limits. Report your
early-grade class size to your chapter leader so the UFT can enforce
those caps. The UFT is also working with parent and community groups to
further lower class size by law.
Class size and staffing ratios for students with disabilities are
determined by the student’s Individualized Education Program (IEP) and
state education law. Call your borough office if you believe your
special education class is oversized.
Supervisors are required to observe all teachers during classroom
instruction periods and to write a report with an “S” (satisfactory) or
“U” (unsatisfactory) rating for each observation. The number of times
you’ll be observed varies according to your situation:
New (probationary) teachers are generally observed a minimum of two
full periods a year, though they may be observed more often. Some
administrators have increased the minimum to six.
Tenured teachers in elementary and junior high/middle schools are
generally observed a minimum of one full period per year. Some
administrators have increased that to two.
Tenured high school teachers are generally observed a minimum of two
full periods per year by an assistant principal and one full period by
The principal should tell you in advance that he or she will be
formally observing you on a particular day. Ask for both pre- and
post-observation conferences, in writing if necessary. Use the
pre-observation conference to clarify what your supervisor expects to
see during the visit. He or she may ask you for a lesson plan.
Following the observation, you should write down your recollections of
the lesson, which will help you at the post-observation conference with
At the post-observation conference, your supervisor will discuss what
he or she has seen and give you a written report of the observation. If
you believe the report is inaccurate or unfair, you should speak to
your chapter leader who can help you formulate a written response and
advise you of the other options open to you. Your response must be
attached to the original report and placed with the original in your
If the observation is rated “unsatisfactory,” you should speak to your
chapter leader, who can explain the various contractual responses
available to you. If there are concerns about your professional skills,
you can seek assistance from your mentor; your school’s lead teacher
(if one exists) or the literacy or math coach, the Peer Intervention
Program or the Teacher Center. In any case, if the observation report
is not used in any disciplinary proceeding for three years, you have
the right to remove it permanently from your file.
Principals have always had the right to make unannounced visits to your
classroom, to ask to see your lesson plan, and to write up what they
observe. If you think you are being singled out (e.g., observed more
than other staff) you should keep a log of the visits and speak to your
Also see Professional Conciliation, Ratings, Letter in File, Official
This term refers to teachers in elementary schools who are not assigned
to the same group of students for the entire day; they usually teach
classes in music, art, science, physical education or any other
subjects that the chapter committee and the principal have agreed meet
the needs of your school. Each position must be posted annually, with
an application deadline. When there are two or more equally qualified
applicants for the same position, the most senior applicant in the
school is selected.
Cluster teachers teach a minimum of 20 periods per week. A teacher of
library cannot be programmed for more than 20 periods per week. Cluster
teachers, like all other elementary school teachers, must be programmed
for a daily preparation period and a duty-free lunch period.
Coaches (Literacy and Math)
Many schools have a professional development team that at a minimum
includes a literacy coach and a math coach. These coaches are
colleagues, deemed to have classroom expertise, who are eager to share
their knowledge. They show teachers how to construct standards-based
lessons and assessments that will prepare students for standardized
tests, help problem-solve instructional issues and do demonstration
Math and literacy coach positions are renewed annually. Coaches can
reapply for the following year if they wish to continue. For more
information, call your UFT borough office or the UFT Teacher Center.
Compensatory Time Positions
Schools often have “compensatory time positions,” which are
non-teaching assignments like lunchroom supervisor, dean, programmer or
grade adviser. These assignments are done in lieu of teaching periods
and, in effect, reduce the amount of time you spend teaching.
The principal and chapter committee collaboratively determine the
compensatory time positions at your school. The chapter committee and
the principal must meet and agree upon the qualifications for each
position and then the UFT members at your school must ratify them
through a school-based option vote.
After that, all the positions should be publicly posted in your school.
Anyone wanting a specific position should apply by the deadline on the
posting. Each position should include the length of the term (in years)
that the position will exist. If two or more applicants are equally
qualified, the most senior in the school should be given the position.
However, priority will be given to the qualified applicant who has
never previously held a compensatory time position.
While the principal may create one compensatory time position of
lunchroom coordinator for each lunch period and (in secondary schools)
one or two deans (depending on the school’s enrollment), it takes the
agreement of the school chapter to create more than the allowed
position(s). Speak to your chapter leader to determine which
compensatory time positions require chapter approval.
Conciliation,see Professional Conciliation.
Faculty and grade/department conferences are limited to one a month,
unless there is an emergency. These meetings cannot exceed 40 minutes.
For faculty conferences, principals must set the agenda for each
meeting in consultation with the UFT chapter committee.
As the result of an arbitration won by the UFT, faculty conferences
must be scheduled on Monday. In single-session schools, they must be
held between 8 a.m. and 3:45 p.m. School conferences held in September
and June are always held during regular school hours.
Your principal is required to meet with your UFT chapter committee once
a month on matters of school policy — and the chapter committee sets
the agenda. The principal also must consult with the chapter leader on
the school budget and staffing, compensatory time positions and
qualifications, the school safety plan, the menu of professional
activities and the faculty conference agenda. In addition, if there is
a systemic school concern you want addressed, speak to your chapter
leader about raising it during a consultation meeting.
City laws and Chancellor’s Regulation A-420 prohibit the use of
physical force against students. While corporal punishment rarely
occurs, some staff have been charged with that offense for having
physical contact with a student, such as when breaking up a fight. In
general, you should attempt to defuse a student altercation by using
verbal, rather than physical, means. However, you may use physical
force in self-defense or to protect a person or school property. If you
are accused of corporal punishment, speak with your chapter leader
immediately and ask for union help.
Supervisors are required to immediately report all allegations of
corporal punishment to the DOE. In most instances, they will be
instructed to investigate the allegation. We strongly recommend that
you do not speak to the principal and/or any investigator without a
union representative present, even if the allegation is false. If the
allegation is sustained, you could be terminated or reassigned to
another school or site. Starting in the 2007-08 school year, if
allegations of corporal punishment are found to be unsubstantiated, all
references to the allegations will be removed from your file.
Also see Disciplinary Actions, False Accusations, Verbal Abuse.
On occasion, a principal may write you a memorandum to make you aware
of a specific rule, regulation, policy, procedure or school practice.
The memo cannot include any disciplinary action or threat of
disciplinary action. It must be labeled “Counseling Memo” at the top
and in bold letters. It cannot refer to any incident more than four
months earlier than the date of the memo. It also must be given to you
within one month of the latest incident it mentions. The counseling
memo cannot be used in any evaluation of you (yearly rating or
per-session rating) and must be removed from your file three years
after the latest incident stated in the memo.
If you are summoned to court as a result of a legal action stemming
from the performance of your duties, the DOE’s Office of Legal Services
(1-212-374-6888) will represent you. You should notify your chapter
leader and district representative as soon as you are informed that you
are to report to court. If you were assaulted in school and press
charges, your days in court are treated as nonattendance days with pay.
When notified, the UFT Victim Support Program (1-212-598-6853) will
send a representative to accompany you to the court hearing.
Also see Legal Assistance.
Cumulative Absence Reserve (CAR)
This is the formal name for your “sick bank.” You are credited with one
day of “sick leave” on the 16th of each month of the school year, or 10
days for a full school year of work. If you are regularly appointed,
you can accumulate up to 200 days of sick leave during your career.
When you leave service with the DOE, you will be reimbursed for up to
one-half of your unused days at the rate of 1/200th of your
then-current yearly salary per reimbursed day. You will be paid in
three equal installments, payable at two months, 14 months and 26
months following the date of resignation, retirement or termination.
Speak to your payroll secretary about the forms you must file to
receive this money.
If you have exhausted all the days in your CAR and are ill, you may
request to borrow a maximum of 20 additional sick days and your request
will automatically be granted. If you fail to pay these back by the
time you retire or resign, the DOE can deduct a sum of money from your
termination pay to cover that cost. Ask your payroll secretary about
the various ways you can pay back this time.
Also see Excessive Absences/Lateness, Leaves of Absence, Sabbaticals.
Damaged or Stolen Property
If your personal property (including your car) is damaged, destroyed or
stolen while you are on duty or on a school trip and you have not been
negligent, the DOE will reimburse you for up to $100 that is not
covered by insurance.
State education law (section 3020-a) provides for the disciplining or
termination of a tenured teacher for specific charges, such as
incompetence, insubordination, corporal punishment, sexual misconduct,
etc. Despite many attempts to undercut it, state law also requires due
process so that educators cannot be terminated or disciplined unfairly.
If your principal tells you that you are being brought up on any of
those charges, inform your chapter leader immediately so the union can
provide you with legal representation at the 3020a hearing. If the
charges are sustained, the discipline may range from fines to
suspensions to the loss of your job or even your teaching license.
In some cases, teachers awaiting such charges are removed from their
schools and assigned to Temporary Reassignment Centers until their
cases are adjudicated. In that case, you must be formally charged
within six months or returned to your school. You are paid during this
time unless you have been charged with sexual misconduct with a student
or minor, or a felony involving firearms, drugs, or your job, or any
crime involving physical abuse of a student or minor. If you are
charged with any of these, the DOE can ask for a hearing to decide
whether or not you can be suspended without pay.
Also see Summons.
Discontinuance, see Probationary Period.
The Department of Education and its employees are prohibited from
discriminating against you on the basis of race, creed, color, national
origin, marital status, gender, sexual orientation, age, handicapping
condition or membership in, participation in or association with the
activities of any employee organization. That means that the principal
cannot discriminate against you, discipline you or retaliate against
you for exercising your contractual rights, e.g., filing a grievance,
being a union activist or participating in a union protest. If you
believe that you are being discriminated against, you should
immediately contact your chapter leader and district representative.
Our contract, along with state and federal laws, provides protections
for you that will fight such discrimination.
Disruptive Children (Behavior Problems)
If a student in your class is very disruptive, you have the right to
have that child removed for a single period, a single day or up to four
days. The removal process is spelled out in Chancellor’s Regulation
A-443 (Student Disciplinary Procedures), a booklet that parents,
children and staff are supposed to receive at the beginning of the
school year. You also can find the rules online at the DOE Web site:
http://schools.nyc.gov — click on View All Tools and Resources, then on
Chancellor’s Regulations and on A-443.
Before beginning the process, you should first let the student know
that he or she is in danger of being removed from the class and listen
to his or her version. If you are still convinced of the necessity for
the removal, talk to the principal and complete a “Student Removal
Form.” If the principal doesn’t help, ask your chapter leader about
filing a grievance under contract Article 9 and Appendix B.
Make sure you maintain an anecdotal log of the child’s behavior for any
hearings that occur. For your log you can use the student removal form,
which asks you to specify the disruptive activities as well as the
interventions that you have taken.
The procedure for removing disruptive students is also covered under a
state law that was championed by the UFT. Among other provisions, the
Safe Schools Against Violence in Education Act (SAVE) requires each
school to have a removal procedure and an alternative site (i.e., SAVE
room) where the child can receive instruction and other supports and
interventions. You have the right to file an expedited appeal to the
chancellor if you have followed the procedure and your principal
refuses to remove a disruptive student from your class or returns the
student sooner than what you agreed to. See your chapter leader for the
details of your school plan.
As a result of a U.S. Supreme Court decision, the procedures are
different for children with disabilities who exhibit disruptive
behavior. These issues should be addressed in the child’s IEP. In some
cases it may be appropriate to do a re-evaluation and/or a change in
the student’s placement. For children with disabilities who exhibit
dangerous behavior, there are special procedures to follow; contact
your district representative for assistance.
Also see Safety.
The schools chancellor has designated hundreds of schools as
“empowerment” schools. The school’s UFT chapter must be consulted
before the principal applies for this designation. It frees the school
from many bureaucratic rules and regulations and offers additional
funding in return for strict accountability requirements, including
meeting specific student performance targets.
Empowerment schools must honor all UFT-represented staff rights and
protections under their contracts and under law. They are not exempt
from any UFT/DOE contractual requirements, or any state or federal laws
Environmental Safety and Health
The DOE is required, under our contract and federal and state
regulations, to provide a workplace free of recognized hazards, one
that is safe, secure and well maintained.
The DOE is required to provide training to protect you against hazards
that you are likely to encounter, including but not limited to dealing
with blood that may carry disease, spilled cleaning products and
damaged insulation that may contain asbestos. Those who work in science
laboratories and vocational shops also must receive training on hazards
specific to their facilities.
To ensure that the DOE adheres to our contract and the law, the union’s
Safety and Health Committee has experts in each borough to respond to
your environmental health and safety complaints or concerns. (It’s best
to have the chapter leader contact them.) These concerns can include,
but are not limited to, asbestos, lead paint, mold, rodents, indoor air
quality, construction and renovation, communicable diseases and
ergonomic hazards like lifting and transferring students with limited
Evaluations, see Classroom Observations, Ratings.
There are times when a school reduces the size of its faculty, such as
when it experiences an unexpected drop in student enrollment, loses a
budget line or pursuant to state or federal law, is being closed,
redesigned or phased out. This is called “excessing.” In effect, no
later than the 15th day of a school term, the least senior teacher in
the license area being downsized is declared in “excess.” Under the
so-called “open market” system, our contract provides excessed teachers
with significant job protections. For example, if you are excessed, you
have access to a current list of all vacant positions in the city (they
are posted online) and can apply for any or all of them in your license
area. Most important, except in the rare case of a citywide fiscal
emergency, you can no longer be laid off.
If you do not get hired right away, or if you do not apply for any
position, the DOE may send you for interviews within your district or
region. If you are not hired, you will be assigned to the Absent
Teacher Reserve (ATR) in your original school or district until an open
position arises. There you will be available to substitute for absent
teachers while continuing to receive your regular pay and benefits.
Unless a layoff situation exists, the UFT and DOE agreed to stop any
bumping less senior teachers from their positions.
Starting in the 2007-08 school year, the DOE may decide to offer a
voluntary severance program. If it offers one, the amount must be
negotiated and it must be offered to anyone excessed for a year or
more. If an excessee accepts the buyout, he or she must either resign
Also see Job Security, Redesigned Schools, Transfers.
If you are tenured and you are excessively absent or late, the DOE has
the right, with sufficient notice, to summon you to a hearing about
your conduct. It is critical that you alert the union as soon as you
are summoned so a union lawyer can assist you at the hearing and can
review the documentation the DOE must provide you. The hearing officer
cannot terminate you but can levy penalties against you.
If you are not tenured and you are excessively absent or late, you may
receive a letter for your official file. You also may be subject to an
unsatisfactory (“U”) rating and/or discontinuance of your probation (in
other words, termination). You should contact your chapter leader
immediately so that you can be provided with the proper advice and
Facilities, see Teacher Facilities.
UFT members have been falsely accused of sexual misconduct or physical
abuse involving students. In another recently won right, if you are
falsely accused of those or other crimes and it is determined that the
allegations were knowingly false when they were made, the DOE will
remove all references of the allegations from your personnel file,
restore any lost pay with interest, and permanently reassign the
student from your class.
Also see Corporal Punishment, Verbal Abuse.
The UFT believes that you are the best judge of a student’s
achievement. Some supervisors have pressured teachers to pass
undeserving students or, without the teacher’s consent, have
unilaterally changed student grades. If this happens to you,
immediately tell your chapter leader. To preserve the integrity of the
grades you give your students, our contract requires supervisors to
notify you in writing of the reason they have changed one of your
Grievances are the way union-represented staffers enforce their
contract and protect their rights. You cannot be disciplined or
discriminated against for exercising your rights. If you believe that a
supervisor has violated your contractual rights and you and your
chapter leader have been unable to resolve your complaint, you should
file a grievance against the DOE. Your chapter leader and district
representative will help you prepare the grievance, citing the violated
contract clause, and represent you at the hearing. In certain
instances, your chapter leader can file a grievance on your behalf
(i.e., class size, mandated consultation, postings, program deadlines).
If necessary, the union will consider taking the grievance to the final
appeal, arbitration in front of an independent neutral, selected
jointly and paid for equally by the DOE and the UFT.
Harassment by Supervisors (Special Complaint)
It’s sad to say, but UFT members sometimes report that supervisors have
harassed them. This may take the form of sexual harassment, biased acts
or remarks, public ridicule, etc. It may be due to anti-union animus,
personal grudges or just power trips.
You do not have to — nor should you — tolerate such harassment. A
special complaint process was negotiated in the 1990s to protect you
from coercion and intimidation by your supervisors. If you believe that
you are the victim of supervisory harassment, tell your chapter leader
The first thing you should do is keep an anecdotal log indicating the
place, time, date and witnesses of every incident.
There are two parts to UFT members’ health coverage. As an employee
with a regular assignment in the Department of Education, you are
entitled to a choice of several health plans offered by the City of New
York. Your choice will provide you and your dependents with both
medical and hospital care. Eligible dependents include: legally married
spouse, domestic partner and unmarried children to age 19, or 23 if a
full-time student. Details of the health plans are published in the New
York Teacher each fall during the transfer period (when you can change
your insurance provider) and are available at www.uft.org. — click on
Member Services and then Publications and go to Health Benefits to read
“Before You Choose, Know.”
To supplement the health plan, our UFT Welfare Fund provides coverage
to eligible members and their dependents for prescription drugs,
dental, optical, hearing aid, disability (including maternity) and
other supplementary benefits.
There are no waiting periods for eligible UFT members for both the city
coverage and the Welfare Fund. Coverage begins with your initial day of
employment; therefore it is important to enroll in both with your
payroll secretary (for the city health plan) and the UFT Welfare Fund
(enrollment forms are available online at www.uftwf.org). Until you
receive your UFT Welfare Fund drug card, you should purchase the
prescription drugs you and your dependents may need, and once their
card arrives, submit the original receipts to the Fund for
For further information see the “Red Apple,” at www.uftwf.org — click
on Red Apple (in service) on the left.
Homerooms have faded from most high schools but are still popular in
many junior high schools. These periods are generally used to establish
the tone for the school day. During this time, teachers do
administrative tasks, such as taking attendance, distributing notices
for parents and making announcements.
If you are assigned a homeroom, you are relieved of selecting a
professional menu activity to perform during your professional period.
If you are not assigned a homeroom but are asked to cover a homeroom
for an absent teacher, you will be paid at the contractual coverage
rate of pay as soon as you have completed the equivalent of a full
Also see Professional Activity Options.
Injury in the Line of Duty (ILOD)
On-the-job injuries may occur due to accident or assault. Whatever the
cause, you must notify your principal or his or her designee within 24
hours of the injury and complete the DOE’s Occurance Report. If
possible, you should report the injury before you leave school on the
day the injury occurs.
You are required to fill out a Comprehensive Injury Report and the
superintendent is required to approve it within five school days of the
occurrence. If the superintendent fails to approve the Injury Report,
you should speak to your chapter leader about filing a grievance.
If you were assaulted, you also should complete a UFT Safety/ Incident
Report and contact the UFT’s Victim Support Program (1-212-598-6853).
If your injury prohibits you from writing, your chapter leader or a
colleague may assist you. If there were witnesses to the injury, they
should write statements and attach them to the Comprehensive Injury
Your chapter leader and district representative can explain your rights
with respect to any absences that may result from the injury or
assault. Your UFT borough office, as well as the union’s Victim Support
Program, can advise you about your right to sue, bring charges, request
a medical leave of absence and all the other options available to you
as a result of your injury. If you have received injury-
in-the-line-of-duty status from the medical bureau, the DOE will
reimburse you for up to $750 in medical expenses related to the injury
that were not paid by your insurance carrier. There is no limit on the
reimbursement of medical expenses if you were assaulted.
Also see Assaults, Medical Arbitration.
Failure to follow an administrator’s directive could be considered an
act of insubordination and could lead to disciplinary action against
you. If an administrator gives you a directive that you know violates
the contract, you must obey it and then file a grievance. Through the
grievance process, the union will seek a remedy that will deter your
supervisor from continuing the contractual violation. The only
exception to the “obey now and grieve later” rule is if obeying the
directive would put your safety or the safety of others in real danger,
or if it would violate the law. However, before disobeying any
directive, be sure to speak to your chapter leader.
Jarema Credit, see Probationary Period.
Although teachers are not “guaranteed a job for life,” as critics often
say, it is true that, after completing a probationary period, teachers
in New York State may generally not be fired except in two instances:
The first is for serious cause, defined in state law, that must be
substantiated by the DOE in a due process hearing before an independent
arbitration panel. The second has been a “reduction in force” — layoffs
because positions have been eliminated, usually due to funding cuts. In
the past, recently hired New York City teachers often found themselves
without jobs whenever student enrollment declined, even if only
Step by step, the UFT has negotiated greater and greater protections
into its contracts to provide qualified pedagogues with the reasonable
expectation that their jobs will be secure. In 2005 the union
negotiated a new excessing and transfer plan that effectively
guaranteed every satisfactorily rated educator a position, despite
school closings and funding swings. Except in the rare case of a
citywide fiscal emergency (such as last occurred for teachers in 1975),
teachers whose positions have been eliminated and have failed to secure
another placement may remain in Absent Teacher Reserves in or near
their old school at full pay until an appropriate position becomes
Also see Excessing, Disciplinary Actions, Tenure.
You are entitled to full pay for time spent on jury duty. Your time
away from school is classified as a nonattendance day.
Layoffs, see Job Security.
The lead teacher position, negotiated citywide after a successful Bronx
trial co-sponsored by the UFT and parent groups, creates a career
ladder for teachers who wish to advance professionally without becoming
administrators. It also provides a way that the system can improve
struggling schools while offering additional pay to retain master
teachers in our profession, with selection being based on what, not who
a teacher knows.
Lead teachers teach for a portion of the school day and provide
professional development for the rest. Lead teachers have an extended
work year and work additional hours, and are paid more than a classroom
teacher’s regular salary.
Lead teacher positions are advertised in a citywide posting. A regional
committee determines the pool of candidates to be interviewed and
selection is made at the school level. You may file a grievance if the
regional committee does not forward your application to the school
Leaves of Absence
Any regularly appointed teacher may apply for a leave of absence.
Leaves of absence with partial pay include military leaves and
sabbatical leaves for study and for restoration of health.
There also are leaves of absence without pay available for those who
meet the criteria. If you require a leave of absence for the adjustment
of personal affairs (a situation requiring your full-time attention),
you can apply for a leave of up to two years. If your leave is denied,
you can appeal to the Executive Director of the Division of Human
The federal Family Medical Leave Act (FMLA) provides up to 12 weeks of
paid and unpaid leave for maternity or care of a child under age 1,
adoption, the start of foster care, caring for an ill family member or
treating a serious personal health condition. You are eligible if you
have worked for a total of at least 12 months as of the date the leave
commences (the 12 months need not be consecutive) or for 1,250 hours
(equivalent to one school year under DOE regs) over the previous 12
months. The leave can be intermittent or involve reducing your work
schedule, such as if you need to go for medical treatments. (For
further information, go to www.uft.org — click on Member Services and
Publications to read “Not For Women Only.”) There is a specialist in
each UFT borough office who can answer your questions regarding this
Medical circumstances could lead you to apply for a “leave of absence
without pay for restoration of health.” The most common reason is what
is informally known as maternity or child-care leave. However, it can
also be used for treatment of and recuperation from a serious illness
after you have used all the days in your CAR. If your application for a
medical leave is denied, you can go to arbitration.
Also see Cumulative Absence Reserve, Maternity Leave, Medical
If you face criminal or civil charges as a result of disciplinary
actions taken against a pupil while you were doing your job, the DOE
will provide you with legal representation. You should immediately
contact your district representative or your UFT borough office for
assistance in getting a DOE attorney.
To protect your right to representation, you must provide two agencies
with copies of any legal papers with which you have been served (such
as a criminal summons or a civil complaint). The first is the DOE’s
Office of Legal Services (1-212-374-6888); the second is the city’s
Corporation Counsel (100 Church St., New York, NY 10007; phone
1-212-788-0303). You must give each agency copies of the paperwork
within 10 days of being served, although the UFT recommends doing this
within five days.
There’s one additional step worth taking. At the same time that you
contact the DOE and Corporation Counsel, ask your UFT borough office
for an application for the New York State United Teachers (NYSUT) — our
statewide affiliate — Legal Defense Fund. If you are fully exonerated
of all charges, this fund will reimburse you for up to $25,000 in legal
Length of School Day
If you are serving in a single-session school, your school day consists
of six hours 20 minutes and a 37.5-minute extended time session Monday
through Thursday following student dismissal. The day must start no
earlier than 8 a.m. and end no later than 3:45 p.m. Friday’s schedule
is six hours and 20 minutes. There is one faculty conference and one
grade/department conference each month, for up to no more than 40
minutes within those same hours, except in September and June, when
conferences must be held within regular school hours.
If you’re in a multi-session school, the school day is six hours and 50
minutes. District 75 schools also have a six-hour-and-50-minute school
day unless the principal and chapter agree to the single-session-school
Also see Tutoring Sessions.
Length of School Year
Teachers begin the school year on the Thursday preceding Labor Day. The
two days before Labor Day (Thursday and Friday) must include time for
classroom preparation. Those two days, as well as Election Day and
Brooklyn-Queens Day (the first Thursday in June), are for professional
development; students are not present. The school year ends on the
weekday before the last two weekdays of June. In addition, there are
three recesses — winter, mid-winter and spring recess as well as
several holidays in the school year. Please consult the calendar as the
school year can vary depending on when the holidays fall.
For many years, supervisors collected lesson plans en masse and
dictated a strict format, but that is no longer permitted under the
teachers’ contract as a result of contract changes in the 1990s. As the
educator responsible for providing classroom instruction to your
students, you are responsible for developing lesson plans and can
determine their format, organization, notation and content. Your
supervisor may suggest, but cannot require or insist upon, a particular
format unless you have received, or are about to receive, a “U” rating.
Your supervisor may enter your classroom and ask to see your lesson
plan, at any time, but cannot collect them on a regular basis. If you
need help perfecting your lesson plans, you should contact your mentor
(if you have one); math or literacy coach or lead teacher (if your
school has them); or the UFT Teacher Center (1-212-598-9500).
Letter In File
Before any letter is placed in your file, you must be given an
opportunity to read it and acknowledge its receipt by signing it. If
the letter is negative, you should write a response, detailing why you
disagree with its contents. You should speak with your chapter leader,
who can help you write an appropriate response and advise you on any
other possible course of action, including procedural matters that may
be grievable. The response should be attached to the original letter in
your file; your supervisor cannot respond to your response.
If the letter is not used as the basis for a disciplinary procedure for
three years, under a new provision you can (and should) have it removed
from your file. Talk to your chapter leader about how to do this.
Also see Official School File.
You are entitled to a duty-free lunch period. This was a strike issue
in the 1960s. Duty-free means just that. It’s free of any and all duty
If you teach in an elementary school, you must have a daily 50-minute
duty-free lunch period. In a secondary school, you must receive a full
period for duty-free lunch each day. The only exception to these time
frames is when you are conducting school activities outside of the
school building, such as a class trip.
Material in File, see Letter in File.
It was not so long ago that women had to leave the classroom as soon as
they “showed.” Today you can start your unpaid maternity leave at any
time during your pregnancy, but it must end six weeks after the birth
of your baby. If your recuperation requires more time and you have
medical documentation, you can use your CAR (sick bank) or borrow up to
20 sick days if necessary. You also are entitled to a grace period,
which pays you for all weekends and holidays for the calendar month
following the exhaustion of the days in your sick bank. Your payroll
secretary can tell you how many days remain in your sick bank and can
give you the necessary forms to apply for your leave of absence. Call
your borough office if you have questions.
If you are disabled as the result of pregnancy, and you have medical
documentation, the UFT Welfare Fund will pay for up to eight additional
months of medical benefits identical to what you had while working.
Either parent can apply for a child-care leave, which begins six weeks
after the birth of your baby and can last for a period of up to four
years from the following September. Again, your school secretary can
give you the necessary forms to fill out.
For further information, see “Not for Women Only” at www.uft.org —
click on Member Services and then Publications. If you have questions,
call your UFT borough office for assistance.
Also see Leaves of Absence.
Medical arbitration may be appropriate for you in one of several
instances: 1. If you are regularly appointed and have been denied
injury-in-the-line-of-duty status for more than 20 consecutive days. 2.
If you have been denied either a sabbatical leave for restoration of
health or an unpaid leave of absence for restoration of health. 3. If
you believe you are fit for duty and the DOE says you are not. The
medical arbitrator is an independent doctor, jointly selected by the
union and the DOE, who will review your medical documentation to
determine if the medical bureau’s decision was correct. The medical
arbitrator’s decision is final and binding. You should speak to your
UFT borough office if you want to pursue this course of action.
Also see Injury in the Line of Duty, Leaves of Absence, Sabbaticals.
If you are a first-year teacher who has not had prior teaching
experience, you are entitled to one-to-one mentoring throughout your
first year. The mentor assigned to you is an experienced colleague who
has been trained extensively in ways to best support you (including
doing demonstration lessons, co-teaching with you, offering suggestions
about classroom management and helping you plan your lessons). Your
discussions are confidential and your mentor does not report back to
Exercising your personal judgment in determining how best to teach your
students is a basic professional right that the UFT has always had to
fight for. The school system may set standards and guidelines for
content and even recommend teaching techniques, but the day-to-day
methods you use to individualize your instruction should be largely
left to you. Still, some principals — particularly in the aftermath of
NCLB — have attempted to micromanage the smallest details of your
pedagogy. While they may make suggestions for improvement, the contract
expressly forbids supervisors to discipline you for the appearance and
format of your bulletin boards, the arrangement of your room, or the
length of segments of your lesson. If your evaluation is rated “U” for
any of those reasons, see your chapter leader about filing a grievance
or pursuing professional conciliation.
Also see Professional Conciliation.
Observations, see Classroom Observations.
Official School File
Every UFT member has an official file at school that contains the
administration’s observation reports, annual evaluation sheets,
licensing and salary documents and other materials. There is only one
official file maintained in your school; if a supervisor keeps private
notes or reports about you in his or her possession they may not be
used as official records against you. If you transfer to a new school,
your file (but not any private notes) will follow you there.
No derogatory material can be placed in your file unless you have seen
it and signed the original copy; your signature does not mean that you
agree or disagree with its contents, only that you have seen them. You
can, at any time, write a response to any derogatory material in your
file and have it attached to the original copy. You always can examine
and make a copy of your official file; we recommend that you ask your
chapter leader or a colleague to go with you when you review the file.
If negative material has not been used in any disciplinary action
against you (such as in a “U” rating, discontinuance of service or
3020-a termination procedure), it must be removed from your file three
years from the date of the letter. See your chapter leader about how to
do this. If you file a grievance, the grievance decision cannot be
placed in your file.
In this age where the buzz words are accountability and assessments,
required paperwork is a growing concern. Yet redundant, excessive
paperwork only shortchanges instruction. As a result, a newly
negotiated provision requires the union and DOE to form a central
committee to develop recommendations to the chancellor to reduce
unnecessary, excessive or redundant paperwork that reduces the amount
of instructional time to students. Issues that cannot be resolved at
the school or district levels will be referred to the committee for
recommendations to the chancellor to resolve the matter. If you believe
the forms and paperwork are excessive, unnecessary, redundant, or
plainly ridiculous, speak to your chapter leader, who can help you try
to resolve the problem or bring your concerns to the central committee.
Peer Intervention Plus
Starting in the 2007-08 school year, teachers in danger of being
charged under section 3020-a of the State Education Law for
incompetence may either volunteer or be recommended by their principal
to participate in a newly designed “Peer Intervention Plus” program to
improve their teaching skills.
Independent Consulting Teachers, provided by an independent third-party
vendor agreed to by both the UFT and the DOE, will be assigned to work
with “U”-rated teachers and to tailor a specific plan for each
participating teacher, based upon his or her individual needs. While
the teacher is participating in the program, charges under section
3020-a will not be filed.
If, after the intervention is complete, charges are filed against a
participant in the program, then the observation reports of the
consulting teacher will be admissible in a 3020-a hearing. If a teacher
is denied the right to participate, or the teacher refuses to
participate in the program, that fact is also admissible in the 3020-a
proceeding. As a result of this program, we should see the end of
principals’ ability to railroad teachers based upon personality
conflicts or pettiness.
Peer Intervention Program (PIP)
The Peer Intervention Program, negotiated in the 1980s and operated by
the UFT, helps tenured teachers and guidance counselors who are
experiencing difficulties in the classroom to strengthen their
performance. Assistance by this specially trained staff is voluntary
and confidential. If you are experiencing difficulties in your
classroom (i.e., classroom management/behavior modification, lesson
planning, questioning techniques, etc.) a peer intervener will tailor
assistance to your strengths and weaknesses and work with you in your
classroom. If you believe that you can benefit from this program, phone
Throughout the school year, teachers apply for “per-session” activities
that are done either before school, after school, on weekends or
holidays or during the summer. If you apply for and are accepted for
such an activity, you are paid at the per-session rate listed in the
contract. Selection for most per-session activities is based upon the
individual criteria established in each posting, which appear on the
DOE Web site. If the activity you desire is specifically listed in the
contract, selection is based upon your meeting the posted
qualifications and your seniority in the system.
Upon completing two consecutive years of satisfactory service in the
same activity, you gain “retention rights,” giving you priority for
hiring in future years in the same activity. To exercise your retention
rights, you must indicate on the per-session application form that you
have such rights and you must be applying for the same activity in the
time frame specified in the posting. You can exercise your retention
rights to only one activity each school year, although you can apply
for more than one per-session activity during that time.
As a matter of right, you can work up to 400 per-session hours in one
year (July 1 through June 30). If you want to work more than 400 hours,
you need to obtain a waiver in writing from the executive director of
the Division of Human Resources.
There are certain high school extracurricular activities listed in the
contract — athletic and non-athletic — that are paid based upon a
maximum number of “sessions” allocated for each activity. A “session”
is defined as two hours beyond the school day. Effective September
2007, the number of sessions for these activities will be increased by
12 sessions per school year.
You accrue sick leave in a per-session activity on the basis of one day
per 20 days worked. If it is not used, the time may be transferred into
your Cumulative Absence Reserve.
Like regular salary, per-session pay is now pensionable, as a result of
a long legal battle the UFT won.
Preparation Periods, see Teacher Programs.
If you are appointed under a new license, state law requires that you
serve a three-year probationary period. Each time you change your
license and are reappointed, you must serve a new three-year
probationary period. You may be able to reduce your probationary period
in one of the following ways:
Jarema Credit. This is a way that appointed teachers who worked
satisfactorily as regular substitutes in the same license and at the
same school level can reduce the normal three-year probationary period
by up to two years. To obtain one term of credit, you must have worked
as a sub for a minimum of 80 days within a period of 90 consecutive
school days in the same school. For a credit of one year, you must have
worked at least 160 days in a one-year period. If you have any
questions, call your UFT borough office for assistance. You can find
the application for Jarema Credit online at
htm or at your DOE Regional Operations Center (ROC). Return the
completed form to the Division of Human Resources, Office of Regional
Field Services, 65 Court Street, Room 811, Brooklyn, NY, 11201. Make
sure to keep a copy of the application for your records, along with the
“return receipt requested” notice.
Traveling Tenure. If you received tenure in one license area and elect
to take an appointment in a new license area, or if you were tenured in
another school district in New York State, you can apply to have your
probationary period reduced to two years. This is commonly known as
“traveling tenure.” If this applies to you, call your UFT borough
office for more information.
Once you complete probation, you are granted tenure. If the DOE intends
to discontinue your service prior to your obtaining tenure, you must be
given 60 calendar days’ notice prior to the end of your probationary
period. If you are discontinued, call your UFT borough office for
assistance in preparing for an administrative hearing. You may not be
dismissed without cause. An advocate will be assigned to assist you in
fighting the termination.
Also see Tenure.
Professional Activity Options
Most secondary school teachers and elementary teachers in eight-period
schools are programmed for a professional period, for which they elect
a professional activity. (You are required to select a professional
activity and to work on it — but, you need not spend every minute of
your professional period working on it.) You select your activity from
a menu appropriate to your grade level that is specified in Article 7
of our contract. If you want to participate in an activity not listed
on the menu, you can do so with the permission of your principal. Your
principal is required to meet with your chapter leader to consult on
the number of positions and qualifications for each menu item. If your
principal fails to consult, the chapter leader should file an appeal to
the chancellor and, if denied, to the city Office of Labor Relations.
If you are assigned homeroom or AM/PM bus duty, you are fulfilling the
responsibilities of the professional period; your professional period
becomes one for you to use like a preparation period.
Professional Activity Procedures
If you have a professional period in your teaching program, your
principal will give you a preference sheet listing the appropriate menu
(this is the same preference sheet for choosing your program). You must
prioritize three of the activities and the principal will make the
final decision. Selection will be based upon the established criteria
for the requested activity and the availability of the item. If you are
not given one of your three choices, you may select three other menu
If the principal assigns you to an administrative assignment (e.g.,
lunchroom, hall or yard duty), voluntarily or involuntarily, he or she
cannot assign you to any administrative duty the following year unless
you voluntarily agree to do it. Principals must make all involuntary
administrative assignments on a rotational basis in inverse seniority
order. Before the end of the current school year, your principal must
notify you in writing as to which professional activity you’ve been
assigned for the coming school year.
If you are new to the school system or in danger of receiving a “U”
rating, the principal can assign you to either professional development
or common planning as your professional activity, regardless of your
If you have a difference of professional judgment with your supervisor,
the contract provides you with a mechanism for resolving it that is
similar to nonbinding mediation. Often an entire staff or department
uses this procedure to settle differences about educational practices.
Call your UFT borough office to request that an impartial third party
be assigned to help you resolve conflicts over issues including
curriculum, textbook selection, student testing, program offerings and
scheduling, and pedagogical and instructional strategy, techniques and
Each spring (or each term in some high schools), you may request an
assignment for the following school year (or term) on a preference
sheet that your principal will hand out. (This is the same preference
sheet as for professional activities.) You should indicate the subject
and grade level you desire in priority order. If you are a special
education teacher, you should place in priority order the age range of
special education classes you want, as well as the special education
program designation you want to teach. Requests for special teaching
positions (cluster positions) or compensatory time positions should be
made in a separate application to your principal as they are posted and
If you don’t get your first choice for two consecutive years, you can
file a reorganization grievance. Talk to your chapter leader.
Also see Teacher Programs.
Programs, see Teacher Programs.
If you have worked for 20 days or more, you will receive a rating from
your principal within the last 10 days of the school year, but not less
than four days before the end of the school year. It will either be
Satisfactory (“S”), Unsatisfactory (“U”), Doubtful (“D”) or Not
Applicable (“N/A”). If you are a probationer, the “U” rating could lead
to discontinuance of your probationary period. Since there are
ramifications to a “U” rating, you should immediately contact your
borough office for assistance. Specialists there will help you file an
appeal of your adverse rating and explain the various options available.
Also see Classroom Observations.
Very often the DOE decides to redesign a low-performing school to
improve student performance. When that happens, the DOE must follow
strict guidelines in staffing the new school. A personnel committee
must be established to interview prospective staff. In the first year
of redesign, at least 50 percent of the former school’s staff must be
placed in the new school, provided they wish to serve there. They are
the most senior members who are appropriately licensed and who meet the
qualifications for the positions. Speak to your chapter leader, who can
help you through this transitional period.
Also see Excessing.
If you are going to be absent due to religious observance, you should
give your principal sufficient notice so that he or she can hire a
substitute teacher for you. Your school secretary has the appropriate
form for you to fill out. If your principal denies you the day, you
should immediately speak to your chapter leader, who can help you file
In order to assure fairness, our contract requires that classes,
sessions and annex assignments be rotated among those who are
qualified. This assures that if you are qualified, you will have an
opportunity to get an assignment you want within a reasonable period of
Sabbaticals are available if you want to study to enhance your teaching
skills or if you are ill and need to restore your health. For study
sabbaticals, coursework must be rigorous and applicable to your
teaching assignment. If your Local Instructional Supervisor (LIS) does
not approve your proposed course of study, you must be given the right
to amend it. All sabbaticals for restoration of health must be approved
by the medical director. If your application is denied, you may go to
All teachers are eligible for one-year sabbaticals of either type after
14 years of regularly appointed service; after seven years of regularly
appointed service, all teachers are eligible for a one- to six-month
sabbatical leave for restoration of health. In junior high and high
schools, you also can apply for a six-month study sabbatical for the
spring semester only. Before retiring or leaving service, you are
required to return to your post for one year after a six-month
sabbatical and for two years after a one-year sabbatical. Other rules
apply, as well. UFT borough offices hold sabbatical workshops in the
fall and spring to guide prospective applicants.
Also see Leaves of Absence, Medical Arbitration.
All teacher salary schedules can be found in the contract or on the UFT
Check that you have been given credit for all the educational credits
you’ve earned and all the experience you have. Note that you may be
able to get salary credit for teaching experience elsewhere or other
relevant experience. However, longevities apply only to service in NYC
public schools. You may be able to increase your salary by taking
courses through the UFT Teacher Center. Watch for the catalog in the
New York Teacher, or call
If you have any questions regarding your salary step, differentials or
longevity payments, you should ask your payroll secretary to assist
you. If you believe you are being improperly paid, you should call a
salary representative in your UFT borough office. If necessary, a
salary grievance will be filed on your behalf.
Teachers are paid twice a month, on the first and 16th, by check at
your school or direct deposit. Starting in September 2007, all newly
hired employees shall be paid through direct deposit. If when you start
working there is a delay in placing you on the payroll, you can apply
for an emergency check for each missed pay period to tide you over. You
may also be able to collect interest on delayed paychecks or raises for
which you have made proper application. Talk to your payroll secretary.
Also see Summer Pay.
SAVE (Safe Schools Against Violence in Education), see Disruptive
School-Based Options (SBO)
In order to provide a voice for school staff and flexibility in the
contract, when staff, the school UFT chapter and the principal believe
it will improve their school, they can agree to modify a specific
clause of the contract regarding class size, rotation of assignments,
rotation of coverage, teacher schedules, etc. However, there must be a
vote of the chapter to permit the modification and 55 percent of those
voting must be in favor. Votes are also required on all compensatory
time positions and administrative assignments agreed to between the
chapter committee and your principal (see Circular 6R). Your chapter
leader can explain the procedures to be followed if your chapter wants
to do such an SBO.
Before the end of June and by the opening of school in September, your
chapter committee should meet with your principal to discuss and have
input into the school’s budget. This contractual provision also
requires the principal to share school budgetary information with the
faculty. The union can help faculties understand their school budgets
so that good decisions can be made on how best to allocate the money
for the needs of your school.
School Day, see Length of School Day.
Safety is a basic prerequisite of quality education. To ensure a safe
environment, principals — in consultation with the UFT chapter — are
required to develop and annually update two documents: a safety plan
(routine procedures for ensuring school safety) and a crisis response
plan (emergency procedures for major school disasters). These plans
should complement each other and, if necessary, be modified during the
school year to meet the needs of your school.
Your chapter leader is required to sign off on the school safety plan.
If modifications to the safety plan are made during the school year,
the chapter leader must sign off on them, too. Your principal is
required to hold a meeting of the school safety committee each month.
Violations of the safety plan are grievable, and your chapter leader
can file the grievance for you.
If you believe your school is not safe for students or staff, ask your
chapter leader to contact the UFT’s Safety and Health Committee. A
trained expert can visit your school to assess security and help you
develop a safety plan.
Your principal also is required to report all incidents involving staff
to the Division of School Safety (1-718-730-8800) and the Office of
Legal Services (1-212-374-6888). If a crime has been committed, your
principal must report it to the police.
For more information regarding school safety, including tips you can
use to ensure your personal safety in school, go online to www. uft.org
— click on Member Services and then Publications to read “Security in
Also see Assaults.
School Year, see Length of School Year.
Shortage License Areas
Each school year, the DOE determines the license areas where there is a
citywide shortage of teachers. If your school has a vacancy in one of
those license areas, and you possess that particular license and have
at least three years of experience, you may volunteer to teach up to
five additional periods per week in lieu of your preparation period for
additional pay (which is also pensionable). If the DOE gives its
written approval, you must be paid at the contractual rate of pay for a
shortage area, which is found in Article 7-O of our contract. If you
teach an additional class, you are exempt from selecting a professional
activity on your professional period.
Special Education Referrals
As a teacher, you are in the unique position to recognize when one of
your students may need special education services. While you always
should use discretion in referring students to be evaluated for special
education services, you should not be pressured to not make needed
referrals. The DOE cannot take any action against you if you exercise
your professional responsibilities and identify students who have or
are suspected of having disabilities.
Storm Day Procedures
In the event of a major storm, the chancellor will determine whether to
open, close or delay the opening of school. Normally, in these
situations, the union will try to convince the chancellor to do what is
safe. The school system is too often concerned with its custodial
function, which is why it rarely closes schools.
You should listen to the radio and TV for the most up-to-date
information. You also should call the UFT Hotline (1-212-777-0190) for
the most accurate information on any affected union activities.
On the last day of school teachers receive five checks, or check stubs
for direct deposit, dated the first and 16th of the summer months.
Also see Salary.
If you are summoned for an interview for the record that may lead to
disciplinary action, you are entitled to be accompanied to the hearing
by a union representative (or a representative employed by the school
system). An interview that is not held in accordance with these
procedures cannot be made part of your personnel or school file, and
any statements you make at such an interview cannot be used against you
in any DOE proceeding.
Regardless of which office has summoned you to appear, you should not
answer any questions without representation. If you are summoned to
either the principal’s office or the district superintendent’s office,
you should immediately ask your chapter leader and UFT district
representative for assistance. If you are summoned to the DOE’s Office
of Appeals and Review or the Office of Special Investigations, your UFT
borough office will provide a representative to attend the hearing with
you. If you are summoned by the Special Commissioner of Investigations,
you should not answer any questions unless you are accompanied by an
attorney, which your UFT borough office will help arrange for you. The
allegations investigated there involve criminal activity, financial
fraud and other serious matters.
See also Disciplinary Actions.
It is your principal’s obligation to provide basic instructional
supplies and books (including textbooks, paper, chalk, microscopes,
manipulatives, etc.) so you can provide an effective educational
program to your students. If the principal does not do so, the chapter
committee should raise the issue with him or her at the monthly
consultation meeting. At the same time, your chapter leader should
notify your district representative to see if he or she can resolve the
matter. If necessary, the union will forward the dispute to the
chancellor for resolution.
See also Teacher’s Choice.
You are entitled to have adequate supplies in the teacher washrooms in
your school (toilet paper, paper towels, soap, etc.). Your school must
also make available to all teachers a pay telephone for their personal
use. If your school does not have continuous cafeteria service, you
should have your chapter leader request in writing a beverage vending
machine for your school.
Teacher Files, see Official School File.
Elementary Schools. Most schools are programmed for either seven or
eight periods per day. In seven-period schools, you are scheduled for a
daily duty-free lunch period and five preparation periods per week. In
eight-period schools, in addition to the daily duty-free lunch period
and preparation period, you receive one professional period per week.
Schools may use an SBO to change the number of periods in a day but
principals cannot do so unilaterally. If you believe you have been
given an incorrect assignment, speak to your chapter leader immediately
about filing a grievance.
JHS/IS/MS Schools. You should receive your teaching program no later
than five school days before the end of the school year. Your teaching
program must consist of a maximum of 25 teaching periods, five
preparation periods, five professional periods and five duty-free lunch
periods per week. In Title I schools, senior staff members who qualify
must be programmed for 22 teaching periods, eight preparation periods,
five professional periods and five duty-free lunch periods. If you
think you qualify for the additional preparation periods, you should
check with your chapter leader. Your chapter leader also can help you
file a grievance if your teaching program does not follow contractual
guidelines (e.g., more than three teaching periods in a row, four
working assignments in a row, etc.)
High Schools. You should receive your teaching program no later than
the end of school on the next to last day of the term. Your teaching
program must contain a maximum of 25 teaching periods, five preparation
periods, five professional periods and five duty-free lunch periods.
However, if you have a reduced teaching program (e.g., a
compensatory-time position), you receive one preparation period for
every five periods you teach. Speak to your chapter leader to file a
grievance if your teaching program does not follow contractual
guidelines (e.g., more than three teaching periods in a row, four
working assignments in a row, etc.).
Also see Professional Activity Options, Professional Activity
As a result of UFT advocacy, the City Council created a program called
Teacher’s Choice, and allocates money each year so that teachers can
buy a wide range of instructional materials and supplies for their
classes (beyond the basic books and supplies that the school system is
required to supply). Keep the receipts for any supplies you buy
beginning in August. Your chapter leader can fill you in on the
procedures you must follow to receive this money. You can also pool
your money with other teachers to buy larger items to share.
Also see Supplies.
Tenure is a status that appointed pedagogues achieve after completing a
probationary period with satisfactory service. In January 2007,
Chancellor Joel Klein announced his intention to use student test
scores as part of the decision to grant tenure. The UFT believes this
is morally and contractually wrong and will fight such a policy.
Once you have tenure, you cannot be dismissed without being formally
charged and having a hearing before an independent tribunal on those
charges. This protects you from being fired for the personal or
political objectives of a supervisor. The normal probationary period is
three years, although this can be reduced by prior service or extended
if the tenure grade is in doubt. To acquire tenure you also must meet
all eligibility requirements.
Also see Disciplinary Actions, Job Security, Probationary Period.
Termination, see Probationary Period.
If you wish to transfer to a different school, there are more
opportunities available than ever before. Previously, because of the
numerous restrictions, only about 300 to 400 people could get seniority
transfers. Now virtually anyone can apply and be selected, provided the
principal agrees. In the 2005-06 school year, more than 2,700 people
Principals must announce all their vacant positions by April 15 and
revise listings throughout the spring and summer as openings occur.
These vacancies are posted on the DOE Web site; the page is revised as
positions are filled and new vacancies arise.
All qualified teachers, including those who have been placed in excess,
can apply for specific positions at job fairs or send applications to
the schools they are interested in. You also can send applications and
résumés to schools that have not advertised vacancies so
that, in the event a vacancy arises, principals will be aware of your
School-based committees made up of supervisors and teachers may
interview candidates and make recommendations to the principal.
However, the final decision is the principal’s. All transfers made
after Aug. 7 cannot be completed unless you are released by your
Hardship transfers are available for travel and for health reasons. All
hardship transfers are discretionary, and the DOE makes the final
determination. You should obtain as much documentation as possible to
support your need for a hardship transfer. See your chapter leader for
the specific requirements regarding each of these transfers.
Also see Excessing.
If you are a frequent rider of New York City transit, you can save up
to $200 or more in taxes by purchasing a Transportation Savings Card
(TSA). You can select a deduction plan to suit your personal
transportation needs, whether it be for occasional rides, frequent
rides or express bus rides. You fund your TSA card with pre-tax dollars
up to $100 per month, through payroll deductions. As a result, you do
not pay federal, state, city, Social Security and Medicare taxes on
your transportation deductions.
Starting in the 2007-08 school year, your TSA card may be used to
purchase tickets for mass transit on the LIRR, Long Island MTA buses,
and MetroNorth. The administrative costs for this program will also be
deducted from your paycheck.
If you need more information on this program, you should contact your
UFT borough office. It can provide you with all the necessary
information to help you to enroll in the program.
Teachers are required to conduct tutoring, test preparation or
small-group instruction for 37.5 minutes after dismissal at the end of
the school day, Monday through Thursday. Schools may elect, with an
SBO, to hold the sessions in the mornings before school starts.
This is not a regular teaching period. Small-group instruction during
this time must be used for review, remediation, homework assistance —
generally something less than what might occur during a regular
classroom period. General education groups cannot exceed 10 students,
while special education groups cannot exceed five students. If you have
any questions, or your group size exceeds the specified contractual
limits, contact your chapter leader. A grievance should be immediately
filed on your behalf.
State law and chancellor’s regulations prohibit verbal abuse of
students, which includes using language that causes fear or physical or
mental distress; using language that denotes race, ethnicity, religion,
gender, disability or sexual orientation which tends to cause fear or
mental distress; threatening physical harm; or belittling or ridiculing
Verbal abuse is not considered corporal punishment. If you are accused
of verbal abuse, you should immediately notify your chapter leader.
Consult Chancellor’s Regulation A-421 for additional information. Among
other things, the regulation requires your principal to inform the
staff about what constitutes verbal abuse. Starting in October 2007, if
accusations of verbal abuse are found to be unsubstantiated, all
references to the accusations will be removed from your file.
Victim Support Program
If you should be the victim of a crime or are injured by a student or
intruder, the UFT’s Victim Support Program (1-212-598-6853) will help
you on a confidential, one-to-one basis. The program offers advice,
counseling and assistance with the police, the judicial system and the
DOE’s medical bureau. Services include counseling and, if the need
arises, a representative to accompany you to the medical bureau or
If you are assaulted or injured by a student or an intruder, take these
steps: First, get any necessary medical treatment. Inform the school
administration. Consider filing a criminal complaint. Notify your UFT
chapter leader and the Victim Support Program. And be sure to complete
the paperwork required to protect your rights. Filing delays could cost
you money. This paperwork is spelled out at www.uft.org — click on
Member Services, then Publications to read “Security in the Schools.”
Also see Assaults.
Under state law, you have immunity from civil liability and protection
against retaliatory actions by your employer if you do any of the
following: report a suspected act of violence; disclose information
regarding a violation of the law that creates a substantial and
specific danger to the public health or safety to someone in government
(including law enforcement officials, legislators or City Council
members); or disclose information regarding what you reasonably believe
to be an improper governmental action (such as a violation of any
federal, state or local law, rule or regulation).