Know Your Contract

Disruptive Students


††††††††††† It has come to our attention at ACEA that many schools in our district have been ignoring language in our contract written directly from Florida State Statutes aimed at protecting our teachers.Too many times our teachers are put in positions with disruptive students that could be avoided by using the following section of the contract:


Article 16 Section 2(D): Each school shall establish a Placement Review Committee(s) to determine if a student is to be returned to a teacherís class after that student has been removed by the teacher and the teacher has withheld consent for that student to be returned to the teacherís class.


Committee membership shall include the following.

1.      Two teachers selected by the instructional staff of the school.

2.      One member of the school staff selected by the principal.

3.      One teacher selected by the instructional staff of the school to serve as an alternate member of the committee.


A teacher, who removed a student from his class and who has withheld consent for the return of that student to his class, shall not serve on the committee when the committee makes its decision regarding the return of the student.


The Placement Review Committee(s) will be selected during pre-school planning. Each schoolís faculty shall also determine the following during pre-school planning:

1.      If a current school committee(s) meets the criteria contained herein for the Placement Review

Committee(s) and if the faculty wishes that committee to perform the duties of the Placement

Review Committee(s).

2.      The number of Placement Review Committees needed at each school.

3.      The terms of office of the members of the Placement Review Committee(s).

4.      The method the instructional staff will use in the selection of the Placement Review Committee(s) members.

5.      The appropriate form a teacher is to use to document the behavior, which resulted in the teacher having the student removed from his classroom.


If your school has not followed the rules for setting up this important committee, then please let us know.


Important Waivers


Article 18 Section 4: Any request for a waiver of provisions of the Collective Bargaining Agreement between the Association and the Board shall be submitted in writing to the superintendent or his designee and the president of the Association for disposition. A request must be part of a school improvement plan and must be mutually agreed upon by the Associationís executive board and the school board for the waiver to be granted.


Waivers are for one year and must be reviewed annually. At the present time eight schools in our district are operating under a waiver granted for the 2000-2001 school year. The granting of a waiver is not automatic. The process is and should be taken very seriously. The waivers have a major affect on the educational process at schools and the work conditions of employees at the school. A waiver at a school may have an affect felt throughout our district. We are now approaching that time of year when schools are considering applying for a waiver of the bargaining agreement. The Association looks at numerous items when considering the granting of a waiver:

1.      Was the Sr. Rep at the school an equal partner in conducting and counting a vote?

2.      Is there an overwhelming favorable vote in favor of granting a waiver? Does the waiver in any way have the potential of splitting the faculty and staff?

3.      Is the waiver truly an improvement in the educational program at the school?

4.      Is it financially feasible or fiscally responsible to grant a waiver in regard to the monies available to the district?

5.      Is the administration willing to give a workshop to the ACEA executive board to aid in the decision of whether to grant or not grant a waiver?

6.      Is the waiver sufficiently well written so problems will not be incurred because of the waiver? Has the faculty and school rep been part of the process in writing the waiver?

7.      Does the waiver in any way adversely affect the terms and conditions of employment of our members?

As you can see, this is very innovative language in our collective bargaining agreement. ACEA is always looking for ways to improve the educational process in our district It is also a very serious step that should only be granted after detailed investigation. It is also a process that may run past the legislative session since many decisions are predicated on decisions made in Tallahassee. It is important to hear from our members. If you have any questions or suggestions, then please call the ACEA office.