Everything has been affected by the COVID-19 pandemic. The statewide switch to distance learning has profoundly changed public education, and the changes have also raised awareness of a few longstanding employment-related truths that have assumed greater notice than before. Here are a few key takeaways. 

There might be normal working hours, but “contract hours” rarely, if ever, exist 

Distance learning has resulted in many teachers being required to remain virtually available to parents and students beyond the normal workday. It is a common misconception that teacher contracts set the number of hours a district can require teachers to work. A teacher’s contract certainly could set the number of work hours or the workday’s start and end times, but to do so, the contract would have to explicitly state those hours and times or clearly reference some other source that did. This is rare and may in fact be nonexistent. Most teacher contracts do address hours and work schedules, but they invariably state that hours and schedules will be set by the district and may be changed. All districts, like all employers, establish normal working hours so everyone knows when they are supposed to arrive at work and when they are free to leave (barring notice otherwise). But if a teacher has a contract that says those hours can be changed, then those hours can indeed be changed.  

Legitimate questions exist regarding who has the authority to change the hours and whether an exception may apply in a specific case. For instance, most teachers know a principal can direct a teacher to stay after hours to attend a meeting. There is more question, however, about whether a principal can permanently change a teacher’s schedule to come in an hour early every day or whether a district could require a teacher to be “on call” for 12 hours a day. And while work hours can change, a teacher may have recourse if the change interferes with some types of other commitments, such as needed medical care.  

Job descriptions can change 

Distance teaching is different from classroom teaching. It requires different resources, methods, and skills. It may also include more parental involvement, which requires increased communication. Because of these changes to the actual work, many districts modified their official job descriptions for distance teaching during the pandemic, reflecting what the actual job of teaching now entailed. In some cases, the administration simply notified the teachers. In others, they appeared to ask teachers to agree to accept the changes. Many teachers wondered whether they could refuse to accept the changed job description.  

Generally, if the new job description is reasonable and fits the professional capacity stated in the contract—for example, “certified classroom teacher”—a district can change the job description. Whether the description is “reasonable” will depend on whether any additional expectations would also fall within the contract, which generally gives the district flexibility to change duties and assign additional duties. It would likely come down to general expectations for what teachers are regularly called upon to do.   

Some decisions come locally, some come from Austin 

The COVID-19 pandemic has highlighted the often-complex relationship between the local superintendent/school board and the education commissioner/governor. For example, when the question of closing schools arose, the initial message was that this was usually a local decision and the commissioner of education had no authority to order a district to close its schools. But then Gov. Greg Abbott used his general authority to ensure health and well-being and ordered districts that had not already done so to close.  

Later, a question arose regarding whether teacher appraisals could be completed as T-TESS procedures required an observation of classroom teaching, which was often not possible due to the pandemic. The commissioner determined that districts could forgo teacher appraisals but only if they submitted a request for an appraisal waiver. So, whether a teacher’s appraisal was completed depended first on the commissioner’s determination that appraisals could be waived and second on a local decision to request a waiver—a prime example that decision-making is often complicated and may involve both local and state authorities. (On the advocacy front, ATPE sent a letter to TEA Commissioner Mike Morath April 2 urging the agency to take further action by directing districts not to administer T-TESS. As of this writing, the decision to request an appraisal waiver was still left up to districts.)    

Educators are amazing  

Probably the biggest takeaway was just further proof of how adaptable and resilient public school educators are. If someone had said a year ago that all school districts in the state would have to develop a way over the summer to provide distance learning to their students and be prepared to do it at the start of school, most people would have said it could not be done. But educators achieved this feat in a couple short weeks.   

The legal information provided here is accurate as of the date of publication. It is provided for general purposes only. Individual legal situations vary greatly, and readers needing individual legal advice should consult directly with an attorney. Eligible ATPE members may contact the ATPE Member Legal Services Department. May 2020.