CFT CV-19 Update #5
April 3, 2020
Dear Members,
As we finish up Week 3 of our school closure, I hope that everyone is staying home and managing their lives during this difficult time. Please take a DEEP BREATH. At this time, the “stay in place” order has been expanded until May 1st – in all probably, it looks like schools may not reopen this school year. The most important thing is for everyone to stay healthy and take care of yourselves.
The district is changing to their long-term protocol for people to work from home and will send out guidelines. CFT had no input on the Google Doc Wellness Forms that were sent out Thursday and included little guidance. Friday they were edited and streamlined; you do not need duplicate work by completing logs for your school and for the district. There is no mandate to do a virtual class each week, but you should continue communicate with your students and their families on the platform you used prior to the shut-down. Working remotely from home does not mean working around the clock. I actually think that identified hours help set parameters when you are available for parents and students to contact you. This is extremely important to help prevent burnout. All employees should be checking emails daily and responding. Contact logs have always been a professional responsibility and should continue. CFT really pushed back on the district that teachers should NOT have to use their private phone number to contact students and parents. The district did find a “work around” with the district’s phone system so that your classroom number will show up on their caller ID. You should have received directions to do this – I did have some teachers check to see that it worked.
The student work packets will no longer be available at Staples for free. Some grade levels had over 100 pages and will cost parents up to $30. to print. Free work Packets will be available at 5 CPS Food Hubs beginning on Monday. The locations this week will be Riverview, Roberts, Oyler, JP Parker and Parker Woods Montessori. Please let your families know.
CFT has adopted LEAP Academy to be the Champion at their Food Hub on Monday, Wednesday and Friday from 11:00 am until 12:00 pm. (hours were cut from 11-1) We have been distributing non-CPS food from LaSoup, food bags from DSS, teen girl hygiene bags from ELS, hygiene products from P&G, school supplies from Crayons to Computers, books from CFT, Books from a First Book Grant, and Christine’s Big Hair Adventure Books from CFT teacher – Christine Gibson. Please check Cincinnati Federation of Teachers- Official FB page to check out our volunteers and what great things we are distributing. #WeAreCFT.
Speaking of #WeAreCFT – Please try to take a fun photo showing yourself doing a lesson wearing your CFT Red Shirt so that the public can see how great all of our teachers are adapting to virtual learning.
It is important to reach out to family and friends and cling to hope as people begin feeling isolated. These are trying times for everyone. Try to do something fun each and every day!
TEACHER and CFOP EMPLOYEE RIGHTS AND OBLIGATIONS DURING A PANDEMIC
1.State Law Applicable to “Epidemics”.
The Ohio Revised Code provides that “Teachers must be paid for all time lost when the schools in which they are employed are closed due to an epidemic or other public calamity…..” RC 3311.77(B). This applies to teachers with contracts and not to daily rate substitutes. It should also apply to teachers with long term / leave substitute positions under our contract.
A similar provision applies to certain district “nonteaching employees”, i.e., those with contracts (such as administrators and supervisors) and those employed under Chapter 124 (Civil Service). (CFOP members are typically civil service employees.)
RC 3319.081(G) provides that such employees “shall be paid for all time lost when schools in which they are employed are closed owing to an epidemic or other public calamity.” However, it adds the following “ Nothing in this Division shall be construed as requiring payment in excess of an employee’s regular wage rate or salary for any time worked while the school in which the employee is employed is officially closed for the reasons set forth in this division.”
Bottom Line: Our members must be paid while schools and district offices are closed due to this Pandemic.
2.Can Members Be Required to Work During the Pandemic?
State law and our contract is unclear on whether and to what extent teachers and CFOP members can be asked to perform duties when schools are closed due to an Epidemic.
RC 3320.081(G), which applies to non-teaching employees, certainly implies that they could be asked to work, and would work, during an epidemic, and provides there would be no extra pay for that work.
At best, the law cited above means only that pay must be continued during the epidemic. In my view, that allows the district to assign and expect reasonable work consistent with the collective bargaining agreement as a condition of continued employment, even during a pandemic.
Sections of the contract that are pertinent include Section 220-8-a, “Professional Responsibilities” which includes “daily preparation for effective teaching”, and “regular communications with parents”. The responsibilities section also references Section 220-7, that refers to a “teacher day” of 420 minutes per day, including a 30-minute duty free lunch time, and also some prep time.
Under our contract and state law, the Board also retains certain “management rights” that can be reasonably exercised to direct and supervise workers.
Obviously, a “teacher day” spent at home, without a classroom or children to manage and teach is radically different than a typical school day. But it would not be unreasonable for the district to expect teachers and CFOP members to spend a good part of their Monday-Friday doing work consistent with their in-school responsibilities, and to ask them to make a regular report to the district on their work activities.
CFOP Members
Any CFOP member may contact Betty Hodson at bhodson@cft-aft.org if you are being contacted by your administrator to work from home and you do not have the resources to do what you are being asked to do.
TEACHER EVALUATION UPDATES
The CFT Leadership has been working with the CPS School Board and Administrative Leadership to ensure that our members are not negatively impacted by their evaluations during this difficult time. As a result, any annual evaluation that was complete (including a Pre-conference, Post-conference, two Formal Observations, and two Informal Observations or Walkthroughs) prior to the mandated school closure on March 16 will be documented in OhioES following a virtual Final Summative conference which will occur by May 10.
All other annual evaluations will be marked Incomplete due to COVID-19 and the evaluation will be repeated next year. So, teachers who are in a year where their Accomplished rating is being carried forward, will repeat this process next year.
LEAD TEACHER CREDENTIALING PROCESS
Teachers going through the credentialing evaluation process will follow the same guidelines as above for their annual evaluation rating in OhioES. However, if the credentialing process (four Formal Observations and connected reflection packets) was not completed prior to our mandated school closing on March 16, the remaining observations will be completed during the first quarter of the 2020-21 school year. Lead/Master Teacher Applications will be due the week Teachers return in August (8/17-21/2020). You will be able to turn in your application to Human Resources to be time stamped during that week. All applications will be scored by the end of first quarter. Teachers who have successfully completed both Credentialing Evaluation and the Lead/Master Application at that time, will have their Lead Teacher Credentials retroactively applied to the beginning of the school year making them eligible for the full Lead Teacher Stipend during first quarter. Teachers selected for district level lead teacher positions pending credentialing in the spring, will fill those positions. If they do not successfully complete the process during the first quarter, the position will be reposted the following school year.
Covid -19 Q & A – State Guidance
1. Will days missed due to the Department of Health closing schools need to be made up?
No. According to HB 197, districts may use distance learning plans to replace in-school learning. As long as districts continue to actively engage students in learning opportunities during the school closure, days will not have to be made up. It is important that everyone understands this. The district needs to know that there is a common plan that everyone is working from and that teachers cannot work when the plan keeps changing.
2. How will the mandated school closures impact mandated testing for this year?
HB 197 waives state testing for the 2019-2020 school year.
3. How will the mandated school closure impact state report cards?
The General Assembly has waived the state report card for the 2019-2020 school year and creates a safe harbor from sanctions associated with report cards.
4. How does the mandated school closure impact graduation requirements?
Seniors may graduate if the district determines that they were on track to graduate at the time of the mandated school closure. It is very important that seniors, if necessary, will have access to online platforms for Credit Recovery. They will still need their 20 credits.
5. How does the mandated school closure impact the Third-Grade Reading Guarantee?
No student may be retained in the third grade unless the principal of the school and the student’s reading teacher determine that the student is reading below grade level and is not ready for fourth grade. It will not be determined by a test score.
6. Will there be an extension for me to renew my license?
The Ohio Department of Education is providing flexibility regarding the licensure renewal deadline. All licenses currently set to expire on July 1, 2020, will have their expiration dates extended to Sept. 1, 2020 or 90 days after school resumes. This license expiration extension will allow educators additional time to complete their requirements for renewal. It is important that educators complete their legally required professional development by Sept. 1, 2020, or an additional three semester hours of professional development will be required for renewal. Educators may need to adjust their individual professional development plans as needed.
7. Am I permitted to use distance learning techniques to connect with students on an IEP?
HB 197 Allows licensed special education providers to utilize tele-health and electronic communication methods to serve students who are receiving special education services through their school district.
8. How will the mandated school closure impact College Credit Plus?
HB 197 allows the Chancellor, in consultation with the State Superintendent to waive, extend, suspend, or modify requirements of the College Credit Plus program if they deem necessary. We will keep you updated on decisions that they make. A final decision has not been made.
9. Has the legislature taken action on vouchers?
HB 197 puts a freeze on any new buildings being put on the voucher list. While this stops expansion to new buildings, it does nothing to help the districts who are already losing money to vouchers. In fact, it allows for new students to accept vouchers causing even more harm to the districts. This is a battle we will have to continue to mobilize around in the coming months and year.
10. Will spring supplementals still be paid?
According to OFT’s legal counsel, spring supplementals should still be paid. Please contact us if there are any problems regarding this issue.
11. When will 3rd Quarter Lead Teacher Stipends, Schedule E and Extended Time be paid?
The Treasurer’s Office delayed the processing of the payments which were due this week until the 3-week extended Spring Break was over, and schools reopened. Now that it looks like the school districts may not be re-opening, they will be working to process those payments.
Copy of the CPS PowerPoint Pandemic Plan – If you are interested.
https://drive.google.com/drive/u/1/folders/17ST4nXruFCxJtQTVu_IpGSPWVQrX_t2W
For now, stay safe, and (if you’re able) stay indoors…..but also stay in touch with family, friends and co-workers. We need each other now more than ever. Sorry this update was so long
The Special Ed requirements will be sent in a separate email!
Best in Solidarity,
Julie Sellers