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"Dear Nancy" 

Advice for the Contractually Challenged

By Nancy Kavanagh - Ethics and Legal Affairs

Dear Nancy,

My son has to have a medical procedure done in the afternoon.  Can I take a family illness day?  If yes, do I need to take the whole day?  Can I only take a half-day?

                                                                         Medical Mom

Dear Medical Mom,

          I hope that your son’s medical procedure goes well.  You certainly can utilize a family illness day, or half of one, for this appointment. 

Dear Nancy,

How long should a faculty meeting last?  I have childcare issues and must pick up my child by 4:30pm.  What do I do if I must leave to get my child?

                                                                        Faculty Meeting Fran

Dear Faculty Meeting Fran,

          Faculty meetings, in general, last approximately one hour and you are required to attend a maximum on 3 per month outside of the school day.  It is your responsibility to make appropriate arrangement for childcare to cover these meetings.

          In the event that extenuating circumstances do arise, please speak with your administrator regarding the possibility of leaving the faculty meeting early on this occasion.

Dear Nancy,

          Our principal scheduled a faculty meeting that conflicts with a doctor’s appointment that I had made six months ago.  This specialist is extremely difficult to get an appointment with.  Should I tell my principal that I couldn’t attend?  Can I use my sick time?  Please help.

                                                                            Anxious Appointment

Dear Anxious Appointment,

        First, speak to your administrator regarding your conflicting schedules.  Next, speak with a colleague about obtaining all pertinent information that will be brought up at this faculty meeting.  Your sick time may not be used as all faculty meetings are held outside of the 7 hour 10 minutes work day.

Extenuating circumstances arise at times and should be dealt with as they come up.  However, please remember that you are required to attend a maximum of 3 district meetings per month. 

Dear Nancy,

I have to appear in court for a personal matter, how do I fill out my absence approval form and will I be paid for this day?

-         Subpoenaed Sally

 Dear Subpoenaed Sally,

          When you fill out your Absence Approval Request, check the box titled “Court Appearance”.  You will be paid for this day.  As always, when you are notified that you must be in court, please notify the district in a prompt fashion.

Dear Nancy,

          My husband and I have received that wonderful new that we are expecting our first child in the spring.  How are the 10 sick days that I am allotted each year distributed throughout the year?

                                                         - Baby Boom

 Dear Baby Boom,

 Congratulations on your news!  At the start of each school year, you are granted 10 sick days to be used throughout the year.  If you do not use all 10, the remainder are placed in your sick “bank” and carried over from year to year.  Please feel free to call me to discuss your leave options after the new year.

Dear Nancy,

          I am coaching this school year and I am not sure when/how I get paid.  Will it be a separate check or in my regular bi-weekly paycheck?

                                                          -Curious Coach

Dear Curious Coach,

Coaches get paid on the X Schedule during the months of November, January, March and June.  It will be in your regular bi-weekly paycheck but listed as a separate item.

Dear Nancy,

          I am currently working as a special area teacher in a building that is quite crowded.  At times, when I pullout a child for services, I have no other choice but to provide these services in the buildings faculty room.  Is that allowed?

                                                          -Roomless Ruth

Dear Roomless Ruth,

Although I sympathize with your plight, no children are allowed in a faculty room at any time, ever.  The faculty room is maintained as a teacher only environment. 

Dear Nancy,

          If I take year’s childcare leave will I automatically be returning to the same school that I previously taught in?

                                                -Leave Lady

Dear Leave Lady,

          Most teachers do return to their original buildings, however there is no guarantee that you will be returned to your original grade level or school.  As an employee of the Bay Shore U.F.S.D., you can be placed anywhere within the district in your certification area.

Dear Nancy,

          I am a tenured teacher and was thinking of becoming certified in another area.  When I finish my new certification can I apply to the district for a position in that area and will my tenure follow me?

-         Tenure Trouble

Dear Tenure Trouble

          You absolutely can apply to the district for a position in your newly certified area.  If you accept an offered position, your tenure will not follow you.  You will be able to receive tenure after completing your second year in this area.  Please remember that you will be untenured and will have to follow the observation schedule for it.         

Dear Nancy,

          I am currently teaching kindergarten and am certified in Elementary Education from Kindergarten to Grade 6.  I would like a chance to work in an older grade.  How would I go about this?

                                                        -   K-Teacher

Dear K-Teacher,

          Please feel free to call me about writing a voluntary transfer letter.  The District will try to honor requests to transfer but keep in mind that a position must be available.

Dear Nancy

          I have signed a one-year contract with the district.  Does this give me any “rights” to a probationary appointment in my certification area for next year?

-  June 2005

Dear June 2005,

          Unfortunately, a one-year contract is just that.  As of June 30, 2005 your contract will be completed.  However, you are still able to apply for any positions that become available.

Dear Nancy,

          My principal just informed me that there is a chance I may have move to another building/grade in September 2005 due to decrease enrollment.  Do I have to go or is there something I can do?

                                               -  Moving Mary

Dear Moving Mary,

          The district may initiate transfers to meet staffing and/or educational needs. You may be transferred for this reason as long as you continue to teach within your certification area.  Remember, you are an employee of Bay Shore U.F.S.D. and not of an individual school.

Dear Nancy,

My brother is getting married Memorial Day Weekend in St. Thomas and I am in the wedding party.  I need to be in St. Thomas on Friday,

May 27 for the rehearsal dinner.  What do I have to do to get the time off?

                                                         -  Jet Lag Bridesmaid

Dear Jet Lag Bridesmaid,

          To take Friday, May 27 off from work, you must fill out an Absence Approval Request for a personal day.  The day you are requesting is attached to the Memorial Day Vacation so you must give a reason.  Please remember that this must be done at least 5 days prior to the requested day.

Dear Nancy,

          I just found out that my husband and I are expecting our first child.  How much time is allotted for the birth of my child?

                                                          - In the Family Way

Dear Family Way,

          Congratulations on your news!  You have many different options that are available to you.  Please call me at the union office to set up an appointment and discuss which leave may be right for you.

Dear Nancy,

          I am a tenured teacher who was observed at the end of February by my principal.  To my dismay, I did not receive a good write-up.  Unfortunately, I signed and returned it already.  Is there anything I can do?

-         Unsatisfactory Unis

Dear Unis,

          When you signed your observation, you were not agreeing to what was written, just that you received your copy.  If you feel that it did not adequately represent your teaching abilities/lesson, you may write a rebuttal.  Please contact me to discuss this further.

Dear Nancy,

I have been accepted into a masters program for reading and plan to begin in September 2005.  How do I go about receiving Professional Development Funds (PDF) for this program?  Also, how much can I expect to be reimbursed?

-         Ready to Read

Dear Ready to Read,

          To receive PDF for classes taken you must first fill out a PDF application (purple form) that your PDF building representative can provide you with.  The maximum reimbursement per teacher is $1000.  Please remember that you will only be reimbursed for half of each class taken up to $1000.  In addition, PDF money CAN NOT be used for your first masters leading to your certification.

Dear Nancy,

I have been working in the District for two years as a leave replacement.  I was just offered a Probationary Appointment starting in September 2005.  Will my first two years count towards tenure?

-         Tenny Tenure

Dear Tenny Tenure,

          Congratulations on your appointment.  Yes, your first two years will count towards tenure.  

Dear Nancy,

          I have questions pertaining to retirement especially buying back time for out of state service.  To whom should I call?

                                                          Almost Finished

Dear Almost Finished,

As each case is so individualized when it comes to retirement, you should contact the New York State Teachers Retirement System (NYSTRS) at 1-800-248-7298.  When calling, you should have your membership number or Social Security number available.

Dear Nancy,

          I recently received a “directive” from my administrator to hand in my plan book every week.  Should I follow it?

                    Directed Donny

Dear D.D.

          Absolutely.  If you do not follow a directive, you will be considered insubordinate and further disciplinary actions may follow.

Dear Nancy,

          I had my tenure observation last month.  When will I be notified if I will be receiving tenure next year?

                                                          Probationary Polly

Dear Probationary Polly,

          You will be notified on your tenure status once it is approved by the Board of Education.  They meet once a month. 

Dear Nancy,

          My administrator walked past my classroom and decided to stop in and visit with my class.  Can this be written up as a formal observation?

                                                                   Informal Irma

Dear Informal Irma,

          No, this cannot be written up as a formal observation.  Administrators may stop in your classroom at any time but all formal observations must be scheduled.

Dear Nancy,

I want to move up in salary scale but I am concerned that the contract will expire before I reach the maximum credits.  What is the length of our contract?

-         Cecelia

Dear Cecelia,

          Our contract will expire on June 30, 2009.  If you have misplaced your contract, please let your building representative know so he/she can replace it for you. 

Dear Nancy,

          I teach in a building that gets out just before 4:00pm.  It seems that the other teachers in other buildings work less.  Is this true?

-         Late Lauren

Dear Lauren,

          As per our contract, all teachers work a 7 hour and 10 minute day.  The difference of dismissal times is directly related to varied start times. 

Dear Nancy,

          I am working in the district as a civil employee.  I work with children and abide by the teacher workday.  I am not currently in the union but would like to join.  How can I go about that?

-         Nadia

Dear Nadia,

          In order to join the BSCTA/NYSUT, you must hold a NYS Board of Education Certification.  Please call me at the union so we can discuss this further.