CTA is working to ensure that teachers' rights don't get left behind, since there are serious collective bargaining implications in the federal legislation. The NEA considers it a victory that the final version of ESEA allows protection for collective bargaining agreements - even those approved after the ESEA was signed into law. (In the initial draft of the regulations, only those bargaining agreements entered into prior to Jan. 1, 2002, would have been protected.)
Members of CTA's Negotiations and Organizational Development Department are developing sample contract language in the "Contract Reference Manual" that will protect teachers' rights through bargaining despite ESEA.
"We want our local associations to get highly involved in the development of this plan," says CTA negotiations and organizing specialist John Kohn. "Our message is this: Get involved now!"
Local associations should insist that local teachers be consulted regarding all aspects of ESEA. Associations should:
Submit a demand to bargain the development of the district's plan to implement ESEA.
Seek involvement in the district's parent notification letter regarding teacher qualifications.
Ensure, through bargaining, that class size and other programs will not be negatively impacted to pay for transportation of students to other schools.
- Submit a demand to be involved in any professional development plan.
- Carefully monitor whether the district is transferring teachers in violation of the contract to meet the ESEA requirements for having "highly qualified teachers" in every Title I school.
- Insist on strict enforcement of transfer and reassignment language in the contract.
- Ensure that any newly mandated teacher testing or student testing is not allowed to be part of the teacher evaluation process, or to affect teacher transfers and/or dismissals.
- Bargain any curriculum changes or items related to ESEA such as extending the school day or year or replacing staff "relevant to failure" if sanctions occur.
To protect themselves, teachers should assess their credential status to make sure they meet the ESEA criteria for being "highly qualified" or are in the process of meeting it. They should also see whether they are certified to teach all subject matter under their jurisdiction - regardless of how long they have been teaching it - and take the steps, if necessary, to become certified in those areas.
In an effort to give local associations a heads up on the situation, CTA is conducting workshops for CTA staff and chapter leaders on collective bargaining issues threatened by ESEA legislation.
"We want to remind the federal government that people's collective bargaining agreements are not to be violated," notes Pixie Hayward Schickele. "That's a very big issue."
For assistance, talk to your CTA primary contact staff or a CTA Negotiations and Organizational Development specialist.
