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Teacher's Rights Mini-Guide

A quick reference manual designed to help teachers in crisis.

Teachers sometimes must make crucial decisions that could affect the rest of their careers and lives. These decisions may need to be made quickly without an opportunity to consult with chapter representatives. This is general information about your rights to assist you in critical situations. It does not provide legal advice.

In the classroom, teachers have the right to:

Suspend students from class for two days. Ed Code 48910

Be informed of students violent, criminal, harassing or threatening conduct. Ed Code 49079

Make the final decision as to student grades. Ed Code 49091.10

Keep accurate and on-going records of student discipline

With administrators, teachers have the right to:

Ask what a meeting's purpose is before attending

Be represented in meeting that might lead to discipline.

Request unusual directives in writing before complying

Give no explanation until after consulting with a staff representative (FRA Rep)

Refuse to submit a written statement until after consulting with a staff representatiave

Remain silent and consult a lawyer if accused of conduct that could lead to criminal prosecution.

Concerning parents,

Parents are liable for willful misconduct of minor children that cause injury.  Ed Code 48904.

A parent who disrupts a class or school activity is guilty of a misdemeanor. Ed Code 44811.

If a parent meeting becomes unpleasant, immediately stop and demand the attendance of a union representative or administrator.

Teachers should keep a record of all parent and administrator meetings on file at home.

Teachers have a right to know specific details including the identity of those who make complaints against them.

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