2012 ESP Handbook - Alabama Education Association

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AEA Legislative Victories for ESPs 2012 • Saved thousands of ESP jobs by successfully passing an Education Trust Fund (ETF) budget. This was done with no out-of-pocket increases for TRS or PEEHIP for Alabama’s education employees. • Fought back efforts to unearmark tax dollars that are currently dedicated to Alabama schools. • Defeated HB650, legislation that would have allowed charter school to be formed in Alabama and prevented the loss of worker’s rights, insurance, and retirement. • Passed legislation to ease ethics filling restrictions for educators. Now increasing the threshold from $50,000 to $75,000 annually. • Defeated legislation to remove seniority as a consideration in school systems reduction in force (RIF) policies. 2011 • Improved the Student’s First “tenure” bill by: retaining the word “tenure” in the law; making sure actions by employers for personal or political reasons were prohibited; ensured neutral hearing officers review employer decisions; continued pay/benefits in most cases until 75 days between employer action and officer review. • Stopped legislation such as a constitutional amendment to unearmark income tax for the ETF. • Stopped legislation to abolish elected RSA board and replace with appointed board. • Stopped a bill to use ETF funds to buy liability insurance. 2010 • Saved thousands of teacher and ESP jobs by making it the top priority in the ETF budge. • Helped save the PACT program so it could fulfill its contracts. • Helped pass legislation to prevent sexual misconduct with a child under 19 if that child is a student and the offender is a school employee. • Helped pass regulatory bill freeing millions to help ensure that funding used to retain education jobs and not jeopardize TRS viability. 2009 • Guaranteed more state funding for other current expenses that helped save thousands of ESPs from losing their jobs. • Passed a new school nurse law that allows the hiring of RNs as well as LPNs under the supervision of a RN. 2008 • Continued to protect PEEHIP and retirement funding. • Continued to protect the Education Trust Fund from diversion. 2007 • Seven percent pay raise, school nurse salary schedule. 2006 • Five percent pay raise. 2005 • Six percent pay raise. 2004 • ESP given equal status to teachers in guaranteeing due process protections. • Fair Dismissal Law drastically revised, awarding greater and fairer protections for job status and security. • ESP health insurance provision protected despite onslaught by big business groups and the governor to decrease benefits and increase costs. 2003 • ESP employees called back to work after Legislature and governor guarantee level funding for 2003-2004. 2002 • All schools must close in honor of Memorial Day. • DROP Bill - allows those with 25 years of service in the retirement system and at least 55 years of age to continue working while the money that would be earned from retirement is deposited into an account where it will grow interest. After a minimum of three (3) years the employee can retire and collect a lump sum of money. 2001 • ESP employees receive three percent pay raise. • Employee savings plan enacted, similar to a 401K. • Employees can accrue an unlimited amount of sick leave. 4 2000 • ESP employees receive four percent pay raise. 1999 • Prohibited the use of state tax dollars for the privatization of school services such as driving buses, lunchroom work, and custodial services. 1998 • ESPs receive eight and one-half percent pay raise. • School systems must give employees access to their personnel files. • School systems must post every job opening at each work site. 1997 • Each school system must have a reduction-in-force policy. 1996 • ESPs receive four percent pay raise. • ESPs given the right to purchase prior service toward retirement in the TRS. Previously only teachers had this right. • Provides up to 90 days of paid leave for on-the-job injuries without deduction from personal sick leave account. 1995 • ESPs are given input into the adoption of school board policies that affect them. • Penalty removed on retirement benefits when the retirement was due to disability. • Sick leave banks established if requested by ten percent of employees. 1975 –2008 major ESP victories: • Salary increases. • Retirement eligibility after 25 rather than 30 years of service. • Personal leave awarded to support personnel. • Passage of the Fair Dismissal Act. • Fair Dismissal Law amended to provide arbitration. • Participation in the health insurance program (PEEHIP). • PEEHIP regulations amended to provide lower rates for employees based on income. • Participation in the retirement system. AEA works continuously to ensure that out-of-pocket PEEHIP (health insurance) costs do not increase.
Students First Act: • This law replaced the Fair Dismissal Act effective July 1, 2011. • All non-probationary ESPs under the Fair Dismissal Act are non-probationary under the Students First Act. • ESPs must work three complete, consecutive years in the same school system to gain non-probationary status. • A complete year means an ESP is hired before October 1. • Part-time employment (less than 20 hours per week) does NOT count toward gaining non-probationary status. • Any employee who resigns, waives his/her rights under the Students First Act. • The Students First Act includes a detailed appeal process if a non-probationary employee wishes to challenge certain adverse job actions. Reasons for Cancellation of Contract The law allows for only seven legal reasons for a board to terminate a tenured or non-probationary employee . . . • Incompetence • Immorality • Insubordination The WILLFUL refusal to obey REASONABLE rules or requests from a supervisor. Always ask for requests that you think are unreasonable to be made in writing. • Neglect of duty • Failure to perform duties in a satisfactory manner • Justifiable decrease in positions • Any other good and just cause “Remember, don’t be guilty of insubordination . . WORK then GRIEVE.” This is the Law: 5 Personal Leave • The state grants each employee two paid days of personal leave per year, up to five are allowed at the discretion of the local board. Any unused personal leave days can be converted into sick leave at the end of the year and accumulated. • Every employee can convert up to the maximum number of personal leave days allowed by the local system, even if they don’t “earn” all those personal leave days. For example, if your system allows up to three personal leave days, any employee can convert up to three days. • Check your paycheck stub to be sure you are getting the benefit, if not, ask for it. Sick Leave • Sick leave is provided for use in cases of personal illness or injury, illness of a family member, or death in the family. • Sick leave is earned at the rate of one day for each month worked. • Sick leave may be accumulated indefinitely throughout one’s career in Alabama public schools. It is transferable between systems in Alabama. • Accumulated sick leave days can be counted upon retirement as additional service credit time. (continued on next page) Your Responsibilities To Report Abuse: • Code of Alabama 26-14-3 requires all teachers (school employees) and doctors to report any suspicions of child abuse. • Failure to report can be prosecuted. To Report Violence: • Code of Alabama 16-1-24 requires you to report all acts of violence or threats of violence.
Page 1 and 2: ALABAMA EDUCATION ASSOCIATION EVERY
Page 3 and 4: Contents ESP - It’s a Matter of P
Page 5: Creation of ESP History of the AEA-
Page 9 and 10: Job Vacancy Posting • All jobs mu
Page 11 and 12: Trades, Crafts, Machine Operators
Page 13 and 14: Dealing Positively with Students, C
Page 15 and 16: ➤ Provide for an employee improve
Page 17 and 18: Ten Reasons to Join and Be Active i
Page 19 and 20: Assistance from UniServ Director Th

2012 ESP Handbook - Alabama Education Association

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