Educator's Rights: Know your Rights! Use Your Rights!
In the Classroom
With Administrators
With Administrators
EC 49066
Make the final decision as to student grades.
EC 49331
Seize any injurious object from any student while on school premises or under the authority of school personnel.
EC 49079
Be informed of each student who engaged in, or is reasonably suspected of, acts that are grounds for suspension or expulsion, within the past three years.
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EC 49066
Make the final decision as to student grades.
EC 49331
Seize any injurious object from any student while on school premises or under the authority of school personnel.
EC 49079
Be informed of each student who engaged in, or is reasonably suspected of, acts that are grounds for suspension or expulsion, within the past three years.
EC 48910
Suspend students from class for the day of suspension and the following day. Ask the parent or guardian to attend a conference as soon as possible..
With Administrators
With Administrators
With Administrators
Ask what a meeting’s purpose is before attending.
Assert the right under Weingarten and EERA to representation in meetings that have the potential to lead to discipline.
Stop a meeting that has become disciplinary in nature until representation arrives.
Request unusual directives in writing before complying.
Refuse to give explanations and/
Ask what a meeting’s purpose is before attending.
Assert the right under Weingarten and EERA to representation in meetings that have the potential to lead to discipline.
Stop a meeting that has become disciplinary in nature until representation arrives.
Request unusual directives in writing before complying.
Refuse to give explanations and/or submit a written statement, until after consulting with a union representative.
Remain silent and consult a lawyer if accused of conduct that could lead to criminal prosecution.
Parents/Guardians
With Administrators
Parents/Guardians
EC 48904, 48905
Parents/guardians are liable for their minor children’s willful misconduct that causes injury to person and/or property.
EC 44811
A parent or guardian who materially disrupts a class or school activity is guilty of a misdemeanor.
Immediately stop and demand the attendance of a union representative or administrator if a parent or guardian meeting becomes unpleasant.
Educator's Rights: Workplace Violence
BTA Contract: ARTICLE 9.2- ASSAULT AND BATTERY
According to Article 9, Section 2 of the Banning Teachers Association Contract:
If a student engages in assault, battery, physical or verbal abuse (including bullying via electronic means) of a staff member:
Bargaining Unit Members (staff) must report the incident immediately to their supervisor, who is then responsible for notifying law enforcement.
Staff members also have the right to contact law enforcement independently.
The administrator will inform all staff members who have contact with the student regarding any serious incidents of harm, as mandated by Education Code §49079.
If the behavior by a student is threatening or violent and poses a clear, present, and immediate danger to the personal safety of classroom staff, or student(s), they will be suspended from the class.
A meeting will be held with the administrator, teacher, and the BTA President or their designee to explore restorative practices or other corrective measures.
If necessary, the student may be transferred to another classroom for the remainder of the school year, with all relevant information shared with the new teacher.
Under Ed Code 48915, the student can also face expulsion for assault and/or battery of a school employee.
California Senate Bill 553 (SB 553)
Signed into law on September 30, 2023. SB 553 amended Labor Code section 6401.7 to require employers to develop and implement a workplace violence prevention plan in accordance with newly codified Labor Code section 6401.9, which sets out the requirements for the plan. Starting July 1, 2024, the majority of employers in California must establish, implement, and maintain a Workplace Violence Prevention Plan that includes:
• Prohibiting employee retaliation.
• Accepting and responding to reports of workplace violence.
• Employee workplace violence training and communication.
• Emergency response.
• Workplace violence hazard assessments.
• Other requirements, such as maintaining a Violent Incident Log.
Banning Unified utilizes Hour Zero to report Incidents
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Workplace violence includes, but is not limited to, the following:
- The threat or use of physical force against an employee that results in, or has a high likelihood of resulting in, injury, psychological trauma, or stress, regardless of whether the employee sustains an injury.
- An incident involving a threat or use of a firearm or other dangerous weapon, including the use of common objects as weapons, regardless of whether the employee sustains an injury.
CA Ed Code 44014
Under Ca Ed Code 44014, any certificated staff member and their principal or immediate supervisor must report anytime they are attacked, assaulted, or physically threatened by any pupil, to the appropriate law enforcement authorities of the county or city in which the incident occurred. Failure to make the report shall be an infraction punishable by a fine of not more than one thousand dollars ($1,000)
Educator's Rights: DANGEROUS OR HAZARDOUS WORKING CONDITIONS
BTA Contract: ARTICLE 9- Member Safety
Under Article 9, Section 4, 5, and 9 of the Banning Teachers Association Contract:
- Health or Safety Hazard: If a Bargaining Unit Member reports a health or safety hazard, the site administrator must address the issue within 48 hours, and the member will be informed about the status within 5 duty days.
- Physical Danger from Students: If a Bargaining Unit Member feels a student poses a physical danger to them, they can refer the matter to the site administrator for further action.
- Injury Reporting: If a Bargaining Unit Member is injured while performing their duties, they must submit a written report on the same day or the next workday using the District's form.
- Clean Classrooms: The District will maintain a clean and safe environment for students and staff, following established procedures.
- Legal Defense: If a civil lawsuit arises against a Bargaining Unit Member, in connection with their regular duties, they may request legal counsel. If the Board doesn't provide it and the member prevails in the case, the Board will reimburse legal fees and any lost salary.
- Restraining Orders: A unit member can seek a restraining order against a parent, community member, or student who has willfully and maliciously made threats or caused injury to them. If a restraining order is obtained, the absence will be considered official school business, and there will be no deduction from sick leave or salary. A copy of the order must be provided to the site administrator and HR.
Hour Zero reporting
Risk: The degree of exposure to a hazard, based on the likelihood, frequency and severity of the exposure. An exposure may result in injury or illness.
Hazard: Any situation, behavior, condition or thing that may cause harm to staff or students. Hazards may be physical, chemical, biological or psychological.
E.g., a chemical storage room in a science lab that doesn't lock; a sharp edge on the handrail of a staircase; an unstable tall bookshelf in a classroom; wasp nest near a playground.
Banning Unified utilizes Hour Zero to report Risk and Hazards.
California Division of Occupational Safety and Health of California (cal osha)
The Division of Occupational Safety and Health (DOSH), better known as Cal/OSHA, protects and improves the health and safety of working men and women in California:
- Setting and enforcing standards
- Providing outreach, education, and assistance