Health & Safety

Hazardous Conditions in Schools 

Topic: Hazardous Conditions in Schools

The District agrees to do everything reasonably necessary to create and maintain safe, healthful and sanitary working conditions in the schools.

No educator shall be discharged or disciplined for refusing to work if such refusal is based upon a reasonable belief that the working conditions are not safe, or sanitary or might unduly endanger his/her health until it has been determined that conditions have been eliminated. Upon the filing of such a claim, such educator shall immediately be transferred or reassigned to other comparable duties which he/she is qualified to perform. When it has been determined that such conditions have been eliminated, such educator shall be returned to his/her original assignment. No educator shall be retaliated against for filing a claim based on a reasonable belief that the working conditions are not safe, or sanitary or might unduly endanger his/her health.

Rationale:

The safety of our students and staff is paramount in our school community. If a concern exists that the learning environment of our students or the working environment of our educators is not safe, that concern needs to be heard, investigated, and dealt with immediately.

Health and Safety Committee

SDEA realizes that Districts vary in size therefore the composition and makeup of this committee should be adapted in the proposal to meet the unique needs of your District and its administrative composition.

Topic: Health and Safety Committee

The District shall have a Health and Safety Committee which meets at a minimum of once per month September through June. Meetings can be more frequent, as needed, upon request of any member of the committee. Membership shall include four representatives of the Association and four District representatives which include two principals, one special education administrator, and one member of the executive team. The work of the committee shall be to know safety policies and programs, review injuries and illnesses and causes and prevention, review claims of unsafe working conditions, as well as to propose changes in safety education, communication, and/or training.

Rationale:

The safety of our students and staff is paramount in our school community. If a concern exists that the learning environment of our students or the working environment of our educators is not safe, that concern needs to be heard, investigated, and dealt with immediately. Having a standing committee with stakeholders from both the Administration and the Association allows for the regular review and monitoring of the health of our school community within the scope of healthy and safe schools.

Educator Safety Protections from Students Behaviors

Topic: Educator Safety Protections from Students Behaviors

1. Reducing Harm to Educators

Whenever an educator is absent from school due to being injured from threat/violence caused by an incident that occurs during employment, the District will pay the educator’s full salary and benefits without deduction from personal, emergency, or sick leave.  If an educator qualifies for Workers Compensation as the result of such an incident, the District will supplement the educator’s benefits up to the educator’s daily rate of pay without deduction from personal, emergency, or sick leave.

For educators who have continued medical appointments due to being injured from threat/violence caused by an incident that occurs during employment, the District will grant the educator a paid short term leave of absence to attend those medically necessary appointment.

Educators who seek mental health services related to being injured from threat/violence caused by an incident that occurs during employment would receive such services at the District’s cost. Such services may extend beyond traditional EAP benefits.

Educators who need to attend legal proceedings regarding charges filed in connection to being hurt will be able to attend without deduction from personal, emergency, or sick leave.

2. Educator Safety in Policy Making and Training

Whenever a policy is crafted or revised or training is provided on the employment conditions and safety, the Association will have representation and stake in the process.

3. Replacement of Personal Property Due to Student Destruction

In the event a student(s) damages or destroys the personal property of an educator (including but not limited to clothing, educator purchased classroom materials, classroom decorations, technology, etc.) the District shall reimburse the educator per incident at the cost of replacement.

Rationale:

Conditions in our classrooms are declining every year due to student behaviors. The behaviors of these students are causing trauma to the teachers and to the students in the classrooms who are witnessing these acts of violence. Educators are being injured and personal property is being damaged and/or destroyed by students. Educators and students need to know they are supported and protected. Educators spend a significant amount of their own money on their classrooms and undergo financial loss.

Use of Force 

Topic: Use of Force

Educators have the authority to use force that is reasonable and necessary for supervisory control over students, including the supervision of children who have been authorized to attend a school function away from their school premises. It is agreed by and between the District and the Association that the use of restraint or physical force is reasonable and necessary only when it is used in the following situations:

A. For the purpose of self-defense;

B. To prevent a student from injuring himself/herself or others; and

C. To protect property of the school or others.

Rationale: Educators, at times, find themselves faced with the impossible decision of how to protect themselves and all their students when a student begins to use physical force in school. It is imperative that educators know the parameters for use of force prior to those situations occurring so that everyone involved may be as safe as possible.