Frequently Asked Questions
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A list of the most commonly asked questions.
Not at all. Before filing a grievance, it is always a good idea to speak with your chapter leader about resolving the issue informally. Our contract also provides for a number of other ways to resolve issues including the operational process for paperwork and other school bases issues, the APPR complaint process for evaluation issues and professional conciliation on the educational issues listed in the contract.
If you believe your contractual rights have been violated, you should contact your chapter leader for advice and assistance. The chapter leader will enter your grievance in the UFT grievance system and provide both you and your principal with a copy. Your chapter leader will also accompany you to and represent you at your Step 1 grievance hearing with the principal and explain the process to you.
You have the right to attach a response to material that is placed in your file. You do not have to attach your response right away. It is important that you take the time to carefully respond to what is written and review it with your chapter leader before submitting it. He/she can help you respond in a way that will not put you at risk. Your response should be written as objectively as you can and it should cite whatever facts support your position on the issue.
Yes, your signature acknowledges that you have seen it, nothing more. It does not mean that you agree with the content of the letter.
Material in your file can be grieved under two specific circumstances:
- if the letter was written outside the contractual time frame (time limits are specified in the contract)
- if the underlying substance of the letter violates a specific contractual clause or Board of Education regulation.
Talk to your chapter leader.
A counseling memo is designed to advise you of a rule or policy. It cannot include or threaten disciplinary action, as a letter in the file can. Counseling memos can be used as part of a disciplinary process only to show that you were notified of the rule, whereas letters in the file may be used to support an unsatisfactory rating or other discipline.
Participation requirements differ based on the purpose of the meeting; refer to the IEP Team section of the DOE’s Special Education Standard Operating Procedures Manual (SOPM). When a general education teacher is a required participant in an IEP team meeting, he or she must be present for the entirety of the meeting unless the teacher is excused from all or part of the meeting through written parental consent at least 5 days prior to the meeting. The same rule applies for special education teachers who are required participants. See related DOE Special Education Policy Guidance »
All special education program and service recommendations are made by the IEP team during the IEP meeting. All members of the IEP team, mandated or not, may participate in the meeting in full. IEP teams are expected to reach their decision through a consensus building process. This does not mean that all members of the IEP team must agree, but rather that they have, through careful review of all information and perspectives, developed recommendations that are appropriate for the student. If the IEP team cannot reach consensus on the recommended program and services, the District Representative makes the final determination.
In general, only minor changes in the IEP should be made without an IEP team meeting. Changes in the student’s program recommendations and changes that require the participation of the school psychologist on the IEP team cannot be made without a meeting. Before an IEP can be amended without an IEP meeting, the IEP team must clearly describe all proposed changes on the Waiver of IEP Meeting to Amend IEP form (in SESIS), which must include a clear description of all proposed changes, and send the form to the parent. Additionally, the IEP team designee must discuss with the parent any and all changes that are being considered. If the parent does not agree to the proposed changes, the changes cannot be made without an IEP team meeting. Refer to the section on Amending the IEP without a Meeting section of the DOE’s Special Education Standard Operating Procedures Manual (SOPM) for more information.
For all subjects for which a student’s IEP does not recommend special education services, the student must receive instruction in a general education class with his/her peers who do not have disabilities. See more information: http://www.uft.org/files/attachments/principals-weekly-special-class.pdf.