Teachers' Rights Basics

Teachers are protected from certain harms under the Equal Protection Clause of the Fourteenth
Amendment of the Constitution. Teachers have the right to be free from discrimination based on
race, sex, and national origin -- as well as freedom of expression, academics, privacy, and religion.
The concept of academic freedom can sometimes be open to interpretation. After all, most teachers
value the ability to teach without undue restrictions on content or subject matter. This section
focuses on these and other freedoms and rights teachers enjoy, as well as state and local laws
affecting teacher's rights. Click on the links below to learn more.

Teacher's Rights: Overview

Teachers receive a number of protections under the law in order to ensure that they are protected
from unconstitutional harms and in order to guard their ability to effectively provide the critical
service of educating our communities' children. Important protections for teachers include:

Freedom from Discrimination - The Fourteenth Amendment's Equal Protection Clause protects
public school teachers from discrimination based on race, sex, and national origin. Additional
protections from discrimination are found in Title VII of the Civil Rights Act, and Title IX of the
Education Amendments of 1972 which also forbids workplace sexual harassment.

Academic Freedom - The First Amendment protects teachers' right to freedom of expression,
however this is quite limited. Protected speech must be relevant to and consistent with the teacher's
responsibilities, and the teacher cannot promote a personal or political agenda in the classroom.

Freedom of Association - Teachers' freedom of association is protected by the First Amendment

and gives teachers the right to join professional, labor, and other organizations. They may also run
for public office and similar forms of association, though participation in these activities must be
independent of their responsibilities at school.

Freedom of Religion - The First Amendment and the Civil Rights Act protect against religious
discrimination by school districts against teachers. Schools are restricted against teaching religion,
but teachers' right to the religion of their choosing is protected.

Privacy Rights -Teachers enjoy limited privacy rights, but where a teacher's private acts impact
their effectiveness the school may take action.

Age - Teachers over 40 are protected against age discrimination. If charged with age discrimination
the school has the burden of showing that some factor other than age influenced their decision.

Pregnancy - School cannot dismiss or demote a pregnant teacher on the basis of their pregnancy,
or deny a job or promotion to a pregnant teacher.

Teachers' Rights: Contracts

Contracts between teachers and school districts are ruled by the general law of contracts, which
provides concepts such as offer, acceptance, mutual assent, and consideration. However,
contracting within the context of schools and teachers has some important distinctions from the
general rules of contracts.

Schools may require a school board to ratify a contract before it becomes binding, so that even if a
teacher it told they are hired the contract is not final until the school district ratifies the contract.
On the other hand, some teachers have successfully argued that the provisions of a teacher's
handbook amount to a contract, allowing them to enforce terms against the school.

RA 4670 (The Magna Carta for Public School Teachers)

 The Magna Carta for Public School Teachers otherwise known as Republic Act No. 4670, was
envisioned to provide programs for the promotion and improvement of the well-being and economic
status of public school teachers. Years after its approval, it is sad to note that most of the
provisions of the said Magna Carta have yet to be enforced. Hence, this bill mandates the
Department of Education to fully implement RA No. 4670 and provides for the enforcement of
sanction on officials of the said department in case of neglect or omission of the said duty.
Moreover, the Secretary of the Department is directed to submit to the President and the Congress a
periodic report detailing compliance with the aforementioned mandate. This bill shall also provide
additional benefits and privileges will make certain that public school teachers will receive what is
due them. In view of the foregoing, early approval of this bill is earnestly sought. MANUEL B.
VIL~AR, JR.

TEACHER RIGHTS

If you have any questions regarding Teacher Rights or School Staff Rights , please contact us for
a FREE TEACHER OR STAFF RIGHTS CONSULTATION.

Teacher and Staff Rights.

Teacher and School Staff including food services, maintenance and operations, office and clerical,
paraeducators, special services and administration enjoy a number of rights pertaining to their
employment, including recognition of certain freedoms, prohibition against certain forms of
disrimination, and significant protections against dismissal from their position. These rights are
derived from state and federal constitutional provisions, state and federal statutes, and state and
federal regulations.

TEACHER AND SCHOOL STAFF CONSTITUTIONAL RIGHTS.

Constitutional provisions provide protection to teachers and school staff at public schools that are
generally not available to teachers at private schools. Since public schools are state entities,
constitutional restrictions on state action limit some actions that public schools may take with
respect to teachers or other employees.

Rights that are constitutional in nature include the following:

• Substantive and procedural due process rights, including the teacher right to receive notice of
termination and right to hearing
• Freedom of expression and association provided by the First Amendment
• Academic freedom, a limited concept recognized by courts based on principles of the First
Amendment
• Protection against unreasonable searches and seizures by school officials of a teacher's personal
property

Though private school teachers do not generally enjoy as much of the constitutional protection as
public school teachers, statutes may provide protection against discrimination. The CIVIL RIGHTS
Act of 1964, for example, protects teachers at both public and private schools from racial, sexual, or
religious discrimination. Private school teachers may also enjoy rights in their contracts that are
similar to due process rights, including the inability of a private school to dismiss the teacher
without cause, notice, or a hearing.

DENIAL OR REVOCATION OF TEACHING CERTIFICATE.

Courts have held consistently that teaching certificates are not contracts. Thus, requirements to
attain or maintain a certificate may be changed and applied to all teachers and prospective
teachers. The certification process is administered by state certifying agencies in each state, and
most of these agencies have been delegated significant authority with respect to the administration
of these rules. Despite this broad delegation, however, the state agencies may not act arbitrarily,
nor may these agencies deny or revoke certification on an arbitrary basis. Some state statutes
provide that a certificate may be revoked for "just cause."

Other common statutory grounds include the following:

• Immoral conduct or indecent behavior
• Incompetency
• Violations of ethical standards
• Unprofessional conduct
• Misrepresentation or fraud
• Willful neglect of duty

TEACHER TENURE.

Most states protect teachers in public schools from arbitrary dismissal through tenure statutes.
Under these tenure statutes, once a teacher has attained tenure, his or her contract renews
automatically each year. School districts may dismiss tenured teachers only by a showing of cause,
after following such procedural requirements as providing notice to the teacher, specifying the
charges against the teacher, and providing the teacher with a meaningful hearing. Most tenure
statutes require teachers to remain employed during a probationary period for a certain number of
years. Once this probationary period has ended, teachers in some states will earn tenure
automatically. In other states, the local school board must take some action to grant tenure to the
teacher, often at the conclusion of a review of the teacher's performance. Tenure also provides some
protection for teachers against demotion, salary reductions, and other discipline. However, tenure
does not guarantee that a teacher may retain a particular position, such as a coaching position, nor
does it provide indefinite employment.

Prior to attaining tenure, a probationary teacher may be dismissed at the discretion of the school
district, subject to contractual and constitutional restrictions. Laws other than those governing
tenure will apply to determine whether a discharge of a teacher is wrongful. If a probationary
teacher's dismissal does not involve discrimination or does not violate terms of the teacher's
contract, the school district most likely does not need to provide notice, summary of charges, or a
hearing to the teacher.

In the absence of a state tenure STATUTE, a teacher may still attain de facto tenure rights if the
customs or circumstances of employment demonstrate that a teacher has a "legitimate claim of
entitlement for job tenure." The United States Supreme Court recognized this right in the case of
Perry v. Sindermann, which also held that where a teacher has attained de facto tenure, the teacher
is entitled to due process prior to dismissal by the school district.

State laws do not govern the tenure process at private schools. However, a contract between a
private school district and a teacher may provide tenure rights, though enforcement of these rights
is related to the contract rights rather than rights granted through the state tenure statute.

TEACHER DISMISSAL.

A school must show cause in order to dismiss a teacher who has attained tenure status. Some state
statutes provide a list of circumstances where a school may dismiss a teacher. These circumstances
are similar to those in which a state agency may revoke a teacher's certification.

Some causes for dismissal include the following:

• Immoral conduct
• Incompetence
• Neglect of duty
• Substantial noncompliance with school laws
• Conviction of a crime
• Insubordination
• Fraud or misrepresentation

DUE PROCESS RIGHTS OF TEACHERS AND SCHOOL STAFF.

The Due Process Clause of the Fourteenth Amendment, like its counterpart in the Fifth
Amendment, provides that no state may "deprive any person of life, liberty, or property, without due
process of law." This clause applies to public school districts and provides the minimum procedural
requirements that each public school district must satisfy when dismissing a teacher who has
attained tenure. Note that in this context, due process does not prescribe the reasons why a teacher
may be dismissed, but rather it prescribes the procedures a school must follow to dismiss a
teacher. Note also that many state statutory provisions for dismissing a teacher actually exceed the
minimum requirements under the Due Process Clause.

The United States Supreme Court case of Cleveland Board of Education v. Loudermill is the leading
case involving the question of what process is due under the Constitution. This case provides that a
tenured teacher must be given oral or written notice of the dismissal and the charges against him or
her, an explanation of the EVIDENCE obtained by the employer, and an opportunity for a fair and
meaningful hearing.
TEACHER CONTRACTS.

The law of contracts applies to contracts between teachers and school districts. This law includes
the concepts of offer, acceptance, mutual ASSENT, and consideration. For a teacher to determine
whether a contract exists, he or she should consult authority on the general law of contracts. This
section focuses on contract laws specific to teaching and education.

RATIFICATION OF CONTRACTS BY SCHOOL DISTRICTS.

Even if a school official offers a teacher a job and the teacher accepts this offer, many state laws
require that the school board ratify the contract before it becomes binding. Thus, even if a principal
of a school district informs a prospective teacher that the teacher has been hired, the contract is not
final until the school district accepts or ratifies the contract. The same is true if a school district
fails to follow proper procedures when determining whether to ratify a contract.

TEACHER'S HANDBOOK AS A CONTRACT.

Some teachers have argued successfully that provisions in a teacher's handbook granted the
teacher certain contractual rights. However, this is not common, as many employee handbooks
include clauses stating that the handbook is not a contract. For a provision in a handbook to be
legally binding, the teacher must demonstrate that the actions of the teacher and the school district
were such that the elements for creating a contract were met.

BREACH OF TEACHER CONTRACT.

Either a teacher or a school district can breach a contract. Whether a breach has occurred depends
on the facts of the case and the terms of the contract. Breach of contract cases between teachers
and school districts arise because a school district has terminated the employment of a teacher,
even though the teacher has not violated any of the terms of the employment agreement. In several
of these cases, a teacher has taken a leave of absence, which did not violate the employment
agreement, and the school district terminated the teacher due to the leave of absence. Similarly, a
teacher may breach a contract by resigning from the district before the end of the contract term
(usually the end of the school year).

REMEDIES FOR BREACH OF CONTRACT.

The usual remedy for breach of contract between a school district and a teacher is monetary
damages. If a school district has breached a contract, the teacher will usually receive the amount
the teacher would have received under the contract, less the amount the teacher receives (or could
receive) by attaining alternative employment. Other damages, such as the cost to the teacher in
finding other employment, may also be available. Non-monetary remedies, such as a court requiring
a school district to rehire a teacher or to comply with contract terms, are available in some
circumstances, though courts are usually hesitant to order such remedies. If a teacher breaches a
contract, damages may be the cost to the school district for finding a replacement. Many contracts
contain provisions prescribing the amount of damages a teacher must pay if he or she terminates
employment before the end of the contract.

TEACHER FREEDOM FROM DISCRIMINATION.

The EQUAL PROTECTION Clause of the Fourteenth Amendment of the Constitution protects
teachers at public schools from discrimination based on race, sex, and national origin. These forms
of discrimination are also barred through the enactment of Title VII of the Civil Rights Act of 1964,
which was amended in 1972 to include educational institutions. This law provides that it is an
unlawful employment practice for any employer to discriminate against an individual based on the
race, color, religion, sex, or national origin of the individual. Title IX of the Education Amendments
of 1972 provides protection against discrimination based on sex at educational institutions that
receive federal financial assistance. Title VII and IX also prohibit SEXUAL HARASSMENT in the
workplace.

A teacher who has been subjected to discrimination has several causes of action, though proof in
some of these cases may be difficult. A teacher may bring a cause of action under section 1983 of
Title 42 of the United States Code for deprivation of rights under the Equal Protection Clause (or
other constitutional provision). However, to succeed under this cause of action, the teacher would
need to prove that the school had the deliberate intent to discriminate. Similarly, a teacher bringing
a claim under Title VII must demonstrate that the reasons given by a school for an employment
decision were false and that the actual reason for the decision was discrimination.

TEACHER ACADEMIC FREEDOM.

Teachers in public schools have limited freedoms in the classroom to teach without undue
restrictions on the content or subjects for discussion. These freedoms are based on rights to
freedom of expression under the First Amendment of the Bill of Rights. However, the concept of
academic freedom is quite limited. The content taught by a teacher must be relevant to and
consistent with the teacher's responsibilities, and a teacher cannot promote a personal or political
agenda in the classroom. Factors such as the age, experience, and grade level of students affect the
latitude in which a court will recognize the academic freedom of a teacher.

TEACHER FREEDOM OF EXPRESSION.

A leading case in First Amendment JURISPRUDENCE regarding protected forms of expression is

Pickering v. Board of Education. This case involved a teacher whose job was terminated when he
wrote to a local newspaper an editorial critical of the teacher's employer. The Supreme Court held
that the school had unconstitutionally restricted the First Amendment rights of the teacher to speak
on issues of public importance. Based on Pickering and similar cases, teachers generally enjoy
rights to freedom of expression, though there are some restrictions. Teachers may not materially
disrupt the educational interest of the school district, nor may teachers undermine authority or
adversely affect working relationships at the school.

TEACHER FREEDOM OF ASSOCIATION.

Similar to rights to freedom of expression, public school teachers enjoy rights to freedom of
association, based on the First Amendment's provision that grants citizens the right to peaceful
assembly. These rights generally permit public school teachers to join professional, labor, or similar
organizations; run for public office; and similar forms of association. However, teachers may be
required to ensure that participation in these activities is completely independent from their
responsibilities to the school.

TEACHER FREEDOM OF RELIGION.

The First Amendment and Title VII of the Civil Rights Act of 1964 provide protection against
religious discrimination by school districts against teachers. Teaches may exercise their religious
rights, though there are certain restrictions to such rights. This existence of restrictions is
particularly relevant to the public schools, since public schools are restricted from teaching religion
through the Establishment Clause of the First Amendment. Thus, for example, a teacher is free to
be a practicing Christian, yet the teacher cannot preach Christianity in the classroom.

TEACHER PRIVACY RIGHTS.

Teachers enjoy limited rights to personal privacy, though courts will often support disciplinary
action taken by a school district when a teacher's private life affects the integrity of the school
district or the effectiveness by which a teacher can teach. Thus, for example, a teacher may be
terminated from his or her position for such acts as ADULTERY or other sexual conduct outside
marriage, and courts will be hesitant to overrule the decisions of the school board.

TEACHER AGE.

The Age Discrimination in Employment Act of 1967, with its subsequent amendments, provides
protection for teachers over the age of 40 against age discrimination. Under this act, age may not be
the sole factor when a school district terminates the employment of a teacher. If a teacher charges a
school district with age discrimination, the school district has the burden to show that some factor
other than age influenced its decision.
TEACHER PREGNANCY.

The Pregnancy Discrimination Act of 1978 provides protection for teachers who are pregnant. Under
this act, a school district may not dismiss or demote a pregnant teacher on the basis of her
pregnancy, nor may a district deny a job or deny a promotion to a pregnant teacher on the basis of
her pregnancy.

ILLINOIS LAWS REGARDING TEACHERS' RIGHTS.

Each state provides laws governing education agencies, hiring and termination of teachers, tenure
of teachers, and similar laws. Teachers should consult with statutes and education regulations in
their respective states, as well as the education agencies that enforce these rules, for additional
information regarding teachers' rights. Moreover, teachers should review their contracts,
COLLECTIVE BARGAINING AGREEMENT, and/or employee handbook for specific provisions that
may have been included in an agreement. In Illinois, th Teacher's certificate may be revoked or
suspended for immorality, health condition detrimental to students, incompetence, unprofessional
conduct, neglect of duty, willful failure to report CHILD ABUSE, conviction of certain sex or
narcotics offenses, or other just cause. Teachers may be dismissed on similar grounds.

ADDITIONAL TEACHER RIGHTS RESOURCES.

• Deskbook Encyclopedia of American School Law. Oakstone Legal Publishing, 2001.

• Education Law. Rapp, James A., Lexis Publishing, 2001.
• Education Law, Second Edition. Imber, Michael, and Tyll Van Geel, 2000.
• The Law of Public Education, 4th Ed. Reutter, E. Edmund, Jr., Foundation Press, 1994.
• Private School Law in America, 12th Ed. Oakstone Legal and Business Publishing, 2000.
• School Law and the Public Schools: A Practical Guide for Educational Leaders. Essex, et al., 1999.
• Teachers and the Law. Louis, Schimmel, and Kelly, Addison Wesley Longman, 1999.

TEACHER RIGHTS ORGANIZATIONS.

• American Association of School Administrators

• American Federation of Teachers
• Education Law Association
• Education Policy Institute
- National Education Association

If you feel that one of your Teacher Rights or School Staff Rights has been violated, please contact
us for a FREE TEACHER RIGHTS OR SCHHOL STAFF CONSULTATION.
 REPUBLIC ACT NO. 4670 June 18, 1966

THE MAGNA CARTA FOR PUBLIC SCHOOL TEACHERS

I. DECLARATION OF POLICY COVERAGE

Sec. 1. Declaration of Policy. It is hereby declared to be the policy of this Act to promote and
improve the social and economic status of public school teachers, their living and working
conditions, their terms of employment and career prospects in order that they may compare
favorably with existing opportunities in other walks of life, attract and retain in the teaching
profession more people with the proper qualifications, it being recognized that advance in education
depends on the qualifications and ability of the teaching staff and that education is an essential
factor in the economic growth of the nation as a productive investment of vital importance.

Sec. 2. Title Definition. This Act shall be known as the "Magna Carta for Public School Teachers"
and shall apply to all public school teachers except those in the professorial staff of state colleges
and universities.

As used in this Act, the term "teacher" shall mean all persons engaged in classroom teaching, in
any level of instruction, on full-time basis, including guidance counselors, school librarians,
industrial arts or vocational instructors, and all other persons performing supervisory and/or
administrative functions in all schools, colleges and universities operated by the Government or its
political subdivisions; but shall not include school nurses, school physicians, school dentists, and
other school employees.

II. RECRUITMENT AND CAREER

Sec. 3. Recruitment and Qualification. Recruitment policy with respect to the selection and
appointment of teachers shall be clearly defined by the Department of
Education: Provided, however, That effective upon the approval of this Act, the following shall
constitute the minimum educational qualifications for teacher-applicants:

(a) For teachers in the kindergarten and elementary grades, Bachelor's degree in Elementary
Education (B.S.E.ED.);

(b) For teachers of the secondary schools, Bachelor's degree in Education or its equivalent with a
major and a minor; or a Bachelor's degree in Arts or Science with at least eighteen professional
units in Education.

(c) For teachers of secondary vocational and two years technical courses, Bachelor's degree in the
field of specialization with at least eighteen professional units in education;

(d) For teachers of courses on the collegiate level, other than vocational, master's degree with a
specific area of specialization;

Provided, further, That in the absence of applicants who possess the minimum educational
qualifications as hereinabove provided, the school superintendent may appoint, under a temporary
status, applicants who do not meet the minimum qualifications: Provided, further, That should
teacher-applicants, whether they possess the minimum educational qualifications or not, be
required to take competitive examinations, preference in making appointments shall be in the order
of their respective ranks in said competitive examinations: And provided, finally, That the results of
the examinations shall be made public and every applicant shall be furnished with his score and
rank in said examinations.
Sec. 4. Probationary Period. When recruitment takes place after adequate training and professional
preparation in any school recognized by the Government, no probationary period preceding regular
appointment shall be imposed if the teacher possesses the appropriate civil service
eligibility: Provided, however, That where, due to the exigencies of the service, it is necessary to
employ as teacher a person who possesses the minimum educational qualifications herein above set
forth but lacks the appropriate civil service eligibility, such person shall be appointed on a
provisional status and shall undergo a period of probation for not less than one year from and after
the date of his provisional appointment.

Sec. 5. Tenure of Office. Stability on employment and security of tenure shall be assured the
teachers as provided under existing laws.

Subject to the provisions of Section three hereof, teachers appointed on a provisional status for lack
of necessary civil service eligibility shall be extended permanent appointment for the position he is
holding after having rendered at least ten years of continuous, efficient and faithful service in such
position.

Sec. 6. Consent for Transfer Transportation Expenses. Except for cause and as herein otherwise
provided, no teacher shall be transferred without his consent from one station to another.

Where the exigencies of the service require the transfer of a teacher from one station to another,
such transfer may be effected by the school superintendent who shall previously notify the teacher
concerned of the transfer and the reason or reasons therefor. If the teacher believes there is no
justification for the transfer, he may appeal his case to the Director of Public Schools or the Director
of Vocational Education, as the case may be. Pending his appeal and the decision thereon, his
transfer shall be held in abeyance: Provided, however, That no transfers whatever shall be made
three months before any local or national election.

Necessary transfer expenses of the teacher and his family shall be paid for by the Government if his
transfer is finally approved.

Sec. 7. Code of Professional Conduct for Teachers. Within six months from the approval of this Act,
the Secretary of Education shall formulate and prepare a Code of Professional Conduct for Public
School Teachers. A copy of the Code shall be furnished each teacher: Provided, however, That where
this is not possible by reason of inadequate fiscal resources of the Department of Education, at
least three copies of the same Code shall be deposited with the office of the school principal or head
teacher where they may be accessible for use by the teachers.

Sec. 8. Safeguards in Disciplinary Procedure. Every teacher shall enjoy equitable safeguards at each
stage of any disciplinary procedure and shall have:

a. the right to be informed, in writing, of the charges;

b. the right to full access to the evidence in the case;

c. the right to defend himself and to be defended by a representative of his choice and/or by his
organization, adequate time being given to the teacher for the preparation of his defense; and

d. the right to appeal to clearly designated authorities.

No publicity shall be given to any disciplinary action being taken against a teacher during the
pendency of his case.
Sec. 9. Administrative Charges. Administrative charges against a teacher shall be heard initially by
a committee composed of the corresponding School Superintendent of the Division or a duly
authorized representative who should at least have the rank of a division supervisor, where the
teacher belongs, as chairman, a representative of the local or, in its absence, any existing provincial
or national teacher's organization and a supervisor of the Division, the last two to be designated by
the Director of Public Schools. The committee shall submit its findings and recommendations to the
Director of Public Schools within thirty days from the termination of the
hearings: Provided, however, That where the school superintendent is the complainant or an
interested party, all the members of the committee shall be appointed by the Secretary of
Education.

Sec. 10. No Discrimination. There shall be no discrimination whatsoever in entrance to the teaching
profession, or during its exercise, or in the termination of services, based on other than professional
consideration.

Sec. 11. Married Teachers. Whenever possible, the proper authorities shall take all steps to enable
married couples, both of whom are public school teachers, to be employed in the same locality.

Sec. 12. Academic Freedom. Teachers shall enjoy academic freedom in the discharge of their
professional duties, particularly with regard to teaching and classroom methods.

III. HOURS OF WORK AND REMUNERATION

Sec. 13. Teaching Hours. Any teacher engaged in actual classroom instruction shall not be required
to render more than six hours of actual classroom teaching a day, which shall be so scheduled as to
give him time for the preparation and correction of exercises and other work incidental to his
normal teaching duties: Provided, however, That where the exigencies of the service so require, any
teacher may be required to render more than six hours but not exceeding eight hours of actual
classroom teaching a day upon payment of additional compensation at the same rate as his regular
remuneration plus at least twenty-five per cent of his basic pay.

Sec. 14. Additional Compensation. Notwithstanding any provision of existing law to the contrary,
co-curricula and out of school activities and any other activities outside of what is defined as
normal duties of any teacher shall be paid an additional compensation of at least twenty-five per
cent of his regular remuneration after the teacher has completed at least six hours of actual
classroom teaching a day.

In the case of other teachers or school officials not engaged in actual classroom instruction, any
work performed in excess of eight hours a day shall be paid an additional compensation of at least
twenty-five per cent of their regular remuneration.

The agencies utilizing the services of teachers shall pay the additional compensation required under
this section. Education authorities shall refuse to allow the rendition of services of teachers for
other government agencies without the assurance that the teachers shall be paid the remuneration
provided for under this section.

Sec. 15. Criteria for Salaries. Teacher's salaries shall correspond to the following criteria:

(a) they shall compare favorably with those paid in other occupations requiring equivalent or similar
qualifications, training and abilities;

(b) they shall be such as to insure teachers a reasonable standard of life for themselves and their
families; and
(c) they shall be properly graded so as to recognize the fact that certain positions require higher
qualifications and greater responsibility than others: Provided, however, That the general salary
scale shall be such that the relation between the lowest and highest salaries paid in the profession
will be of reasonable order. Narrowing of the salary scale shall be achieved by raising the lower end
of the salary scales relative to the upper end.

Sec. 16. Salary Scale. Salary scales of teachers shall provide for a gradual progression from a
minimum to a maximum salary by means of regular increments, granted automatically after three
years: Provided, That the efficiency rating of the teacher concerned is at least satisfactory. The
progression from the minimum to the maximum of the salary scale shall not extend over a period of
ten years.

Sec. 17. Equality in Salary Scales. The salary scales of teachers whose salaries are appropriated by
a city, municipal, municipal district, or provincial government, shall not be less than those provided
for teachers of the National Government.

Sec. 18. Cost of Living Allowance. Teacher's salaries shall, at the very least, keep pace with the rise
in the cost of living by the payment of a cost-of-living allowance which shall automatically follow
changes in a cost-of-living index. The Secretary of Education shall, in consultation with the proper
government entities, recommend to Congress, at least annually, the appropriation of the necessary
funds for the cost-of-living allowances of teachers employed by the National Government. The
determination of the cost-of-living allowances by the Secretary of Education shall, upon approval of
the President of the Philippines, be binding on the city, municipal or provincial government, for the
purposes of calculating the cost-of-living allowances of teachers under its employ.

Sec. 19. Special Hardship Allowances. In areas in which teachers are exposed to hardship such as
difficulty in commuting to the place of work or other hazards peculiar to the place of employment,
as determined by the Secretary of Education, they shall be compensated special hardship
allowances equivalent to at least twenty-five per cent of their monthly salary.

Sec. 20. Salaries to be Paid in Legal Tender. Salaries of teachers shall be paid in legal tender of the
Philippines or its equivalent in checks or treasury warrants. Provided, however, That such checks
or treasury warrants shall be cashable in any national, provincial, city or municipal treasurer's
office or any banking institutions operating under the laws of the Republic of the Philippines.

Sec. 21. Deductions Prohibited. No person shall make any deduction whatsoever from the salaries
of teachers except under specific authority of law authorizing such deductions: Provided, however,
That upon written authority executed by the teacher concerned, (1) lawful dues and fees owing to
the Philippine Public School Teachers Association, and (2) premiums properly due on insurance
policies, shall be considered deductible.

IV. HEALTH MEASURES AND INJURY BENEFITS

Sec. 22. Medical Examination and Treatment. Compulsory medical examination shall be provided
free of charge for all teachers before they take up teaching, and shall be repeated not less than once
a year during the teacher's professional life. Where medical examination show that medical
treatment and/or hospitalization is necessary, same shall be provided free by the government entity
paying the salary of the teachers.

In regions where there is scarcity of medical facilities, teachers may obtain elsewhere the necessary
medical care with the right to be reimbursed for their traveling expenses by the government entity
concerned in the first paragraph of this Section.
Sec. 23. Compensation For Injuries. Teachers shall be protected against the consequences of
employment injuries in accordance with existing laws. The effects of the physical and nervous strain
on the teacher's health shall be recognized as a compensable occupational disease in accordance
with existing laws.

V. LEAVE AND RETIREMENT BENEFITS

Sec. 24. Study Leave. In addition to the leave privileges now enjoyed by teachers in the public
schools, they shall be entitled to study leave not exceeding one school year after seven years of
service. Such leave shall be granted in accordance with a schedule set by the Department of
Education. During the period of such leave, the teachers shall be entitled to at least sixty per cent of
their monthly salary: Provided, however, That no teacher shall be allowed to accumulate more than
one year study leave, unless he needs an additional semester to finish his thesis for a graduate
study in education or allied courses: Provided, further, That no compensation shall be due the
teacher after the first year of such leave. In all cases, the study leave period shall be counted for
seniority and pension purposes.

The compensation allowed for one year study leave as herein provided shall be subject to the
condition that the teacher takes the regular study load and passes at least seventy-five per cent of
his courses. Study leave of more than one year may be permitted by the Secretary of Education but
without compensation.

Sec. 25. Indefinite Leave. An indefinite sick leave of absence shall be granted to teachers when the
nature of the illness demands a long treatment that will exceed one year at the least.

Sec. 26. Salary Increase upon Retirement. Public school teachers having fulfilled the age and
service requirements of the applicable retirement laws shall be given one range salary raise upon
retirement, which shall be the basis of the computation of the lump sum of the retirement pay and
the monthly benefits thereafter.

VI. TEACHER'S ORGANIZATION

Sec. 27. Freedom to Organize. Public school teachers shall have the right to freely and without
previous authorization both to establish and to join organizations of their choosing, whether local or
national to further and defend their interests.

Sec. 28. Discrimination Against Teachers Prohibited. The rights established in the immediately
preceding Section shall be exercised without any interference or coercion. It shall be unlawful for
any person to commit any acts of discrimination against teachers which are calculated to (a) make
the employment of a teacher subject to the condition that he shall not join an organization, or shall
relinquish membership in an organization,

(b) to cause the dismissal of or otherwise prejudice a teacher by reason of his membership in an
organization or because of participation in organization activities outside school hours, or with the
consent of the proper school authorities, within school hours, and (c) to prevent him from carrying
out the duties laid upon him by his position in the organization, or to penalize him for an action
undertaken in that capacity.

Sec. 29. National Teacher's Organizations. National teachers' organizations shall be consulted in the
formulation of national educational policies and professional standards, and in the formulation of
national policies governing the social security of the teachers.

VII. ADMINISTRATION AND ENFORCEMENT

Sec. 30. Rules and Regulations. The Secretary of Education shall formulate and prepare the
necessary rules and regulations to implement the provisions of this Act. Rules and regulations
issued pursuant to this Section shall take effect thirty days after publication in a newspaper of
general circulation and by such other means as the Secretary of Education deems reasonably
sufficient to give interested parties general notice of such issuance.

Sec. 31. Budgetary Estimates. The Secretary of Education shall submit to Congress annually the
necessary budgetary estimates to implement the provisions of the Act concerning the benefits
herein granted to public school teachers under the employ of the National Government.

Sec. 32. Penal Provision. A person who shall willfully interfere with, restrain or coerce any teacher
in the exercise of his rights guaranteed by this Act or who shall in any other manner commit any
act to defeat any of the provisions of this Act shall, upon conviction, be punished by a fine of not
less than one hundred pesos nor more than one thousand pesos, or by imprisonment, in the
discretion of the court.

If the offender is a public official, the court shall order his dismissal from the Government service.

Sec. 33. Repealing Clause. All Acts or parts of Acts, executive orders and their implementing rules
inconsistent with the provisions of this Act are hereby repealed, amended or modified accordingly.

Sec. 34. Separability Clause. If any provision of this Act is declared invalid, the remainder of this
Act or any provisions not affected thereby shall remain in force and in effect.

Sec. 35. This Act shall take effect upon its approval.

Approved: June 18, 1966

When Things Go Wrong: Your Rights as a Teacher
By Clara LT

October 10, 2014

Schools are places of learning, but they're also workplaces. You might teach in a great
district. Your colleagues are wonderful and the administration loves you. However, you
never know when a situation might arise, so it’s good to know your rights as a teacher
and have a plan of action just in case.

I know there are many kinds of schools out there, and the advice in this post may not be
relevant for everyone, but here are some tips to help navigate a possible sticky situation.

Representation

If you are called into a meeting with administration, be sure to ask about t he nature of
the meeting. If you suspect it may be disciplinary in nature, please bring someone with
you. This could be your area representative or a fellow teacher. This person is an extra
set of eyes and ears during the meeting. You may be emotional and not thinking clearly,
so you want someone who will look out for you and your interests.

Pay Attention to Words

The word insubordinate is a “danger-danger” word when written by an administrator in a

disciplinary report. This word denotes that you did not take the advice of administration,
and it can be a reason to terminate employment. If this word were used in a written
response to something in your classroom or something you did, it would be in your best
interest to contact your local Uni-serve representative for advice.

In the meantime, you should be sure to follow the request of administration and then a
grievance can be written after. Try not to argue or flat out refuse to comply with
administration. This type of incident can involve parents who are no t pleased with what is
going on in your classroom. Be sure to check ALL IEPs and 504s for specific
information. Please ask for advice when in doubt.

Extra Duties

Teachers are already so busy. If you are asked to take on extra duties or responsibilities
and you are uncomfortable doing so, try to ask for a day to think it over so you can
contact your local union or AR for advice. This can happen with teachers who are non -
tenure and feel obligated to please administration. Please understand that non -tenure
employees are limited in protection from the union. Not all administrators are like this,
but there are some that may take advantage!

Legal Rights as a Tenure Teacher

A school must show cause in order to dismiss a teacher who has tenure status. Some
state statutes provide a list of circumstances where a school may dismiss a teacher.
These circumstances are similar to those in which a state agency may revoke a teacher's
certification. Some causes for dismissal include the following:
  Immoral conduct

 Incompetence

 Neglect of duty

 Substantial noncompliance with school laws

 Conviction of a crime

 Insubordination

 Fraud or misrepresentation

Colleague Conflicts

Disputes between colleagues can happen. This may also require you to contact the AR or
another union representative to be present when the issue is addressed with
administration. Be sure that you are informed of the nature of the meeting BEFORE you
meet with administration. This can be tricky since colleagues are usually emotional about
what is going on and typically the AR is also a colleague. Please keep in mind the AR is
ONLY there to take notes and be an extra set of eyes and ears for both parties. The AR is
not speaking or making any decisions about the issue. Be sure to ask for a copy of the
notes taken at the meeting by the AR for your records.

Parents

Some parents can be challenging to work with. If a parent questions you about
instruction, please be sure to have a written record of your contact, your plan, and any
parental responses. Be sure to keep detailed records, including e-mails, notes, etc…If at
all possible, try to keep your responses in written form. You may want to have another
person present for ALL meetings. This could be the guidance counselor, another teacher,
administration, etc…Again, be sure that you have referred to any IEPs or 504s within
your classroom and be aware of all accommodations/modifications necessary.

The suggestions may not be necessary, but they're helpful when things have the potential
to go wrong.

This piece was originally submitted to our community forums by a reader. Due to audience
interest, we've preserved it. The opinions expressed here are the writer's own.