Teachers sometimes must make crucial decisions that could affect the rest of their careers and lives. These decisions may need to be made quickly without an opportunity to consult with chapter representatives. This pamphlet provides general information about your rights to assist you in critical situations. It does not provide legal advice.

In the classroom teachers have the right to:

• 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.
• EC 49091 - Be notified within a reasonable time before a parent visits your classroom.
  
• Keep accurate and on-going records of student discipline.

Regarding administrators, teachers have the right to:

• 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.
• 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.

Concerning parents:

• EC 48904 - Parents are liable for willful misconduct of minor children that causes injury. 
• EC 44811 - A parent who disrupts a class or school activity is guilty of a misdemeanor. 
• If a parent meeting becomes unpleasant, immediately stop and demand the attendance of a union representative or administrator.
• Teachers should keep a record of all parent and administrator meetings on file at home.
• Teachers have a right to know specific details including the identity of those who make complaints against them

Drills (Ed. Code 32001)

Fire, earthquake and lock down drills should take place regularly. State law requires monthly fire drills at elementary schools, four per year at intermediate schools, and one each semester at high schools.

Communications (Ed. Code 17077.10)

To enhance pupil safety, all elementary and secondary school classrooms should have telephones connected to a public network.

Notification of Violent Students (Ed. Code 49079)

The school district shall inform the teacher about a pupil who has engaged in, or is suspected to have engaged in, any of the acts that are grounds for suspension and/or expulsion (Ed Code 48900) from the previous 3 school years, based upon records it maintains or receives from law enforcement. The information shall be received in confidence.

Classroom Interruptions (Ed. Code 32212)

Each school district Board formally needs to address the problem of classroom interruptions and adopt a policy to control those interruptions.

School Site Security (Ed. Code 44811)

No outsider shall enter or remain on school grounds during school hours without having registered with the principal or front office. (Pen. Code 627.2)

Any person who willfully disrupts any public school or any public school meeting is guilty of a misdemeanor and shall be subject to a fine. (Ed. Code 32210)

Any person other than a student, parent, guardian, or employee of the school district shall promptly leave the school site during school hours when requested to do so by the school principal or designee and not return for 7 days. The request to leave shall be made if the continued presence of the person would disrupt or interfere with classes or other school activities. (Pen. Code 626.8, Ed. Code 32211)

Every minor over 16 or adult not a pupil of the school who enters any school site and willfully interferes with a class or school activity to disrupt, obstruct, or inflict damage or bodily injury is guilty of a misdemeanor. (Ed. Code 44810)

School Safety Plan (Ed. Code 32280-32289)

To prevent campus crime and violence, and to promote safe educational conditions, each school district shall adopt a comprehensive “School Safety Plan.” The Plan shall be drafted by the school site council or by a school safety committee made up of the principal or designee, teachers’ union representative, classified employee union representative, and parent in consultation with law enforcement. The school site council or safety committee must review and update the plan by March 1 each year, and each school must report the status of its school safety plan in its school accountability report card.

Bathrooms (Ed. Code 35292.5)

Every restroom shall be maintained and cleaned regularly, fully operational and stocked with toilet paper, soap, and paper towels or functional hand dryers at all times.

School Disruptions (Ed. Code 44811)

Any parent, guardian, or other person disrupts class work or extracurricular activities in a place where a school employee is required to be working is guilty of a misdemeanor.

Notification of Law Enforcement (Ed. Code 44014)

Whenever any school employee is attacked, assaulted, or physically threatened by a pupil, the employee and the supervisor who has knowledge of the incident has a duty to report the matter to law enforcement authorities promptly. Failure to make such a report is an infraction punishable by a fine. Any school employee who attempts to impede the required report is guilty of an infraction punishable by a fine. No Board member or school district employee may impose any sanction against a person for making this report.

Student Suspension by Teacher (Ed. Code 48910)

A teacher may suspend a pupil from his/her class for any act specified in Ed. Code 48900, for the day of the suspension and the day following. The suspension must be immediately reported to the principal, and the student sent to the principal for further action. The teacher must also request a parent/teacher conference as soon as possible. The pupil shall not return to the class without the concurrence of the teacher and principal.

Injury & Illness Prevention Programs (Labor Code 6401.7)

A school district shall establish, implement, and maintain an effective injury prevention program (see Risk Management at IUSD.org) which includes at least the following:

• Regular work site inspection
• Safety training
• Methods for identifying and correcting unsafe conditions in a timely manner
• If you are injured, call the Nurse Hotline 1-877-230-9693

If you would like to use your own doctor instead of the district-provided one, you must have this form on file before any injury.

COMPANY NURSE HOTLINE 1-877-230-9693

Company Nurse is a nurse triage hotline for the Irvine Unified School District, 24 hours a day, 7 days a week, responding to workplace injuries. Employee calls and speaks with a registered nurse who will evaluate the nature of the injury or illness, determine the right course of treatment, and refer the employee to the right level of medical care. The Company Nurse Program does not prevent employees from exercising their right to file a workers’ compensation claim or seek appropriate medical care under California law.

REQUIRED FORMS

DWC1 - Employee Claim Form (Give to employee within 24 hours)

Supervisor's Accident Report (Must be completed by supervisor)

Temporary Prescription Card (Give to employee at time of injury)

MPN Information (Give to employee at time of injury)

MPN Information - SPANISH (Give to employee at time of injury)