Rights, Responsibilities and
Advocacy Skills for Education
Support Professionals
Presented by
Michael McGonigle, Legal
Services Director and
John Dobrenic, UniServ Director
2006 ESP Conference
Macon, Georgia
Copyright (c) 2006 by the Georgia Association of
Educators. All rights reserved.
Legal Rights
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Bad news
– Most classified employees are “at will”
employees.
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Good news
– You do have protections! In many cases,
GAE UniServ Directors are able to protect
at-will employees by informal advocacy,
negotiation, and representation.
Copyright (c) 2006 by the Georgia Association of
Educators. All rights reserved.
Protections are from…
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School Board Policies
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State Statutes
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Federal Statutes
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Other
Copyright (c) 2006 by the Georgia Association of
Educators. All rights reserved.
School Board Policies
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Grievance or complaints procedure
Transfer policies
Sexual harassment
Safe working environment
Leave provisions
– Sick leave
– Personal leave
– Annual leave
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Other – You Decide!
Copyright (c) 2006 by the Georgia Association of
Educators. All rights reserved.
School Board Policies – cont’d
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Availability
– Central location at each worksite
• Usually the media center or principal’s office
– Superintendent’s office
– Online
http://www.gaetc.org/webproj/districts.htm
Copyright (c) 2006 by the Georgia Association of
Educators. All rights reserved.
State Statutes
http://www.legis.state.ga.us
 O.C.G.A. 50-18-71, et seq.

– Open Records Act
• Exempt information:
– Home address and telephone number
– Social security number
– Insurance or medical information
– Confidential personnel evaluations
Copyright (c) 2006 by the Georgia Association of
Educators. All rights reserved.
Personnel file…
Personnel file includes all records,
paper and electronic, pertaining to an
employee kept by the executive officer
or other employees in any storage area
at school or central office.
 An employee or her representative upon
request may review contents of her
personnel file and receive copies.
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Copyright (c) 2006 by the Georgia Association of
Educators. All rights reserved.
Personnel file, cont’d

Employees can ALWAYS attach a
written statement of explanation or
rebuttal to any document contained in a
personnel file. You should attach it to
the document. There are no time limits
involved.
Copyright (c) 2006 by the Georgia Association of
Educators. All rights reserved.
State Statutes
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O.C.G.A. 50-14-1, et seq.
Georgia Open Meetings Law
 A school board may not close to the public any
meeting devoted to the airing of grievances about
school personnel by interested members of the
public.
 Only the discussion and deliberation phase of the
meeting may be closed. Moreover, the focus of the
deliberation or discussion must be disciplinary action
or dismissal, not merely a general exchange of
information about a particular event.

Source: Unofficial Opinion U95-15. http://ganet.org/ago/
Copyright (c) 2006 by the Georgia Association of
Educators. All rights reserved.
State Statutes – cont’d
O.C.G.A. 20-2-850
– School assault sick leave provision
– Applies to teachers or other persons subject to
this statute
– Seven days for free
– O.C.G.A. 20-2-1110
– Bus driver sick leave
– Query assault sick leave provision
– O.C.G.A. 20-2-1111
– Bus driver personal leave
Copyright (c) 2006 by the Georgia Association of
Educators. All rights reserved.
State Statutes…
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Sick Leave Bank O.C.G.A. 20-2-850
– Local board may establish policies and
guidelines governing use and approval
– Employees donate unused sick leave to
bank
– Generally provides sick leave for
catastrophic illness
– Only members of sick leave bank may
utilize such leave
Copyright (c) 2006 by the Georgia Association of
Educators. All rights reserved.
School Safety State Statutes…
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O.C.G.A. 20-2-751.1: Expulsion and disciplinary
policy for students bringing weapons to school.
A student who brings a weapon to school shall be
expelled for a period of not less than one calendar
year.
“Weapon” is a firearm as defined under federal law.
Local board has the authority to modify the expulsion
requirement on a case-by-case basis.
Student may be placed in an alternative educational
setting.
Copyright (c) 2006 by the Georgia Association of
Educators. All rights reserved.
School Safety Statutes…

O.C.G.A. 16-11-127.1 It is unlawful for any
person to bring a weapon onto “School Safety
Zone.”
 “School safety zone” means in, on, or within
1,000 feet of school property, campus,
buildings, functions, bus.
 “Weapon” very broad definition
 Punishable by felony, up to $10,000 fine,
imprisonment no less than 2 years nor more
than 10, or both.
Copyright (c) 2006 by the Georgia Association of
Educators. All rights reserved.
More Safety Statutes…
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O.C.G.A. 20-2-751.5 - Student codes of
conduct; safety rules on school buses;
distribution.
– Student codes of conduct shall address the
following:
• Verbal assault – including threats of violence
• Physical assault or battery
• Disrespectful conduct
• Bullying
• Many more
– Applies to all conduct including actions towards all
school personnel and on the school bus.
Copyright (c) 2006 by the Georgia Association of
Educators. All rights reserved.
Student Disciplinary Orders – Right to Know
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O.C.G.A. 20-2-751.2 – Students subject to
disciplinary orders of other school systems.
Applies to:
– Students who are enrolling or attempting to
enroll
Board may refuse to enroll or require completion
of disciplinary order
If the student has been convicted of or adjudicated
to have committed an offense which is a
designated felony act under O.C.G.A. 15-11-63, all
teachers and school personnel to whom that
student is assigned shall be informed.
Copyright (c) 2006 by the Georgia Association of
Educators. All rights reserved.
Transfer Students with Felonies
O.C.G.A. 20-2-671 – Transfer students
who have committed a felony.
 Administrator shall inform all teachers to
whom the student is assigned.
 Teacher may review the students file
from the schools and juvenile courts.

Copyright (c) 2006 by the Georgia Association of
Educators. All rights reserved.
Physical Violence = Expulsion
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O.C.G.A. 20-2-751.6 - Students who commit
acts of physical violence against a school
employee shall be expelled.
 Physical violence:
– Intentionally making physical contact of an
insulting or provoking nature.
– Physical harm to another unless in defense
of himself or herself.
 Applies to teachers, school bus drivers,
school officials, or school employees.
Copyright (c) 2006 by the Georgia Association of
Educators. All rights reserved.
Bullying Statute
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O.C.G.A. 20-2-751.4 – Bullying statute: three
strikes and you are out!
Bullying is:
– Any willful attempt or threat to inflict injury when
accompanied by an apparent present ability to
do so.
– Any intentional display of force such as would
give the victim reason to fear or expect
immediate bodily harm.
Applies to students in grades 6 – 12.
After the third offense in the same school year, the
student will be assigned to an alternative school.
Penalty for noncompliance is loss of state funding.
Copyright (c) 2006 by the Georgia Association of
Educators. All rights reserved.
Protecting School Employees
O.C.G.A. 20-2-1181 – Penalties for disrupting
public schools.
 It shall be unlawful for any person to disrupt
or interfere with the operation of any public
school, public school bus, or public school
bus stop as designated by local school
boards of education.
 Any person violating this Code section shall
be guilty of a misdemeanor of a high and
aggravated nature.
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Copyright (c) 2006 by the Georgia Association of
Educators. All rights reserved.
Protecting School Employees
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O.C.G.A. 20-2-1182 – Persons other than students
who insult or abuse school teachers drivers in
presence of pupils may be ordered to leave school
premises.
Any parent, guardian, or person other than a student
at the public school in question who has been
advised that minor children are present and who
continues to upbraid, insult, or abuse any public
school teacher, public school administrator, or public
school bus driver in the presence and hearing of a
pupil while on the premises of any public school or
public school bus may be ordered by any of the
above-designated school personnel to leave the
school premises or school bus.
Shall be guilty of a misdemeanor and, upon
conviction thereof,Copyright
shall
be punished by a fine not to
(c) 2006 by the Georgia Association of
Educators. All rights reserved.
exceed $500.
Assault Against a School Employee
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O.C.G.A. 16-5-20(f) - Any person who
commits the offense of simple assault against
an employee of a public school system of this
state while such employee is engaged in
official duties or on school property shall,
upon conviction of such offense, be punished
for a misdemeanor of a high and aggravated
nature.
 For purposes of this Code section, "school
property" shall include public school buses
and stops for public school buses as
designated by local school boards of
education.
Copyright (c) 2006 by the Georgia Association of
Educators. All rights reserved.
Battery Against a School Employee
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O.C.G.A. 16-5-23(i) - Any person who commits the
offense of simple battery against an employee of a
public school system of this state while such
employee is engaged in official duties or on school
property shall, upon conviction of such offense, be
punished for a misdemeanor of a high and
aggravated nature.
For purposes of this Code section, 'school property'
shall include public school buses and stops for public
school buses as designated by local school boards of
education.
Copyright (c) 2006 by the Georgia Association of
Educators. All rights reserved.
State Statutes…
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Worker’s Compensation
– School employees are covered
– If you are injured at work during the
performance of duties or when directed or
requested by your employer to be
company property
• Notify your supervisor
• Complete required forms
• Report to the school district’s doctor
Copyright (c) 2006 by the Georgia Association of
Educators. All rights reserved.
Code of Ethics
Professional Standards Commission
www.gapsc.com
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Standards
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1: Criminal Acts
2: Abuse of Students
3: Alcohol or Drugs
4: Misrepresentation or Falsification
5: Public Funds and Property
6: Improper Remunerative Conduct
7: Confidential Information
8: Abandonment of Contract
9: Failure to Make a Required Report
10: Professional Conduct
Copyright (c) 2006 by the Georgia Association of
Educators. All rights reserved.
Code of Ethics
Standardized Testing Traps
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Standard 4 Misrepresentation &
Falsification: An educator should
exemplify honesty and integrity in the
course of professional practice
– Cheating
– Coaching, prompting
– Changing answers
Copyright (c) 2006 by the Georgia Association of
Educators. All rights reserved.
Trap for the Unwary
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After administering the ITBS test, Ms. Smith told her
paraprofessional that she was going to do something
that she had never done in her 25 year career:
change some of the answers on a child’s test from
correct to incorrect. Ms. Smith acted not out of any
desire to harm the child, but rather because the test
was designed to establish entry into the gifted
program. Ms. Smith sincerely believed that her
student had simply guessed all the answers correctly
and was not in fact gifted. Her principal issued a letter
of correction and prohibited her from administering
future standardized tests.
Copyright (c) 2006 by the Georgia Association of
Educators. All rights reserved.
Code of Ethics
Standardized Testing Traps
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Standard 7 Confidential Information: An
educator should comply with state and
federal laws and local policies relating to
confidentiality of student and personnel
records, and standardized test materials
– Copying test items
– Leaving test materials unsecured
– Discussing test items
Copyright (c) 2006 by the Georgia Association of
Educators. All rights reserved.
Trap for the Unwary
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Mr. Chan’s daughter, Charley, is in Ms. Able’s
classroom. Mr. Chan is divorced. During the
last conference, Mr. Chan attended it with his
girlfriend, Baker, whom Able knows from
church. Baker calls and asks Able for
Charley’s ITBS test score. She has been
helping Charley study for the ITBS test and
wants to know if her efforts have paid off.
Should Able tell Baker how Charley scored on
the test?
Copyright (c) 2006 by the Georgia Association of
Educators. All rights reserved.
More Code of Ethics, www.gapsc.com

Standard 10 Professional Conduct: An
educator demonstrate conduct that follows
generally recognized professional standards.
 Unethical conduct is any conduct that:
– Impairs the certificate holder’s ability to function
professionally in his or her employment position;
– A pattern of behavior or conduct that is detrimental
to the health, welfare, discipline, or morals of
students.
Copyright (c) 2006 by the Georgia Association of
Educators. All rights reserved.
Trap for the Unwary
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During a state mandated standardized
test, Ms. Starbucks needed to use the
restroom. So Starbucks quietly left the
classroom and went to the restroom
across the hall. The students were left
unattended for not more than two
minutes.
Copyright (c) 2006 by the Georgia Association of
Educators. All rights reserved.
Education Support Professionals
Dispute Resolution Procedures
How would you resolve a dispute?
 Grievance policy examples from local
boards of education
 Is it a Gripe?
 Is it a Grievance?
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Copyright (c) 2006 by the Georgia Association of
Educators. All rights reserved.
Federal Statutes
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Family Medical Leave Act (FMLA)
 www.dol.gov/esa/whd/fmla
– 12 months/1250 hours
– Up to 12 workweeks per year
– District must hold position or substantially similar
position and maintain health insurance
– District can require use of paid leave
– Notice by employee/medical certification
– Intermittent leave allowed
– Covers “serious health condition”
Copyright (c) 2006 by the Georgia Association of
Educators. All rights reserved.
Federal Statutes – cont’d
Americans with Disabilities Act (ADA)
 ada.gov
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– Employers must provide a reasonable
accommodations for persons with
qualifying disabilities
• Disability must meet legal requirements
• Reasonable accommodations
Copyright (c) 2006 by the Georgia Association of
Educators. All rights reserved.
Federal Statutes – cont’d
Title VII – Civil Rights Act of 1964
 http://www.eeoc.gov/policy/vii.html
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– Prohibits discrimination on the basis of
race, color, religion, sex, and national
origin
– Employer must be put on specific notice
– Harassment must be pervasive and severe
– Complaints must be filed within 180 days
Copyright (c) 2006 by the Georgia Association of
Educators. All rights reserved.
Federal Statutes – cont’d
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Fair Labor Standards Act (FLSA)
 www.dol.gov/esa/whd/flsa
– You must be paid when you do work for your
employer
– Overtime issues
• You must be paid overtime when working in excess of 40
hours per week
– Pay period regulations
• You must be paid for the work you do on your paycheck
for that pay period
– Minimum wage requirement
• Must be paid the minimum wage of $5.15 per hour.
• Deductions cannot be made that put you under minimum
Copyright (c) 2006 by the Georgia Association of
wage
Educators. All rights reserved.
Common FLSA issues….
http://www.osha.gov/pls/epub/wageindex.dow
nload?p_file=F30725/WH1312.pdf
29 CFR Part 785 “Hours Worked”
An employee cannot “volunteer” to do the
same type of work for his employer that he
normally performs. All work done must be
compensated.
 Employees must be compensated for all
“waiting time” unless the employee is
completely relieved from all duty and is
allowed to leave the premises and use the
time as the employee sees fit.
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Copyright (c) 2006 by the Georgia Association of
Educators. All rights reserved.
Common FLSA questions….
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Bus drivers do not have to be paid for pre-trip
and post-trip inspections?
Bus drivers do not have to be paid for waiting
time during field trips?
Can a paraprofessional be directed to
supervise the lunchroom after punching out
for lunch?
What about attending training as required by
your employer?
What about back pay?
Copyright (c) 2006 by the Georgia Association of
Educators. All rights reserved.
Federal Statutes – cont’d
United States Constitution
 www.law.cornell.edu

– Freedom of Speech
• Not absolute
– Other “freedoms”
•
•
•
•
Religion
Press
Association
Petition
Copyright (c) 2006 by the Georgia Association of
Educators. All rights reserved.
Now what?
If you think your rights are being
violated, contact your UniServ Director
for an evaluation.
 UniServ Directors work closely with the
legal department.
 Organize!

Copyright (c) 2006 by the Georgia Association of
Educators. All rights reserved.
Conclusion
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Questions?
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Evaluations
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Thank you for coming!
Copyright (c) 2006 by the Georgia Association of
Educators. All rights reserved.