Tag: Legal

Excellent Protection and Legal Services for Educators

by JC Bowman, posted in Educators, JC Bowman, Professional Educators of Tennessee, Tennessee Education

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We live in a litigious society.  As an educator or school employee, you should be keenly aware that professional liability insurance is critical because district coverage may not protect you individually.  It is dangerous and potentially career-threatening if you enter a public-school classroom without liability or legal protection.    Professional Educators of Tennessee handles legal issues in a positive, professional and confidential manner, without fanfare or publicity. Our members do not want undue publicity that can damage their case or their reputations. That is why you rarely read or hear about our members’ legal problems in the media.

Due to their unique role, educators face exposure to liability much greater than does the average citizen and therefore must exercise a higher duty of care than most professionals. Nearly every day teachers must deal with diverse laws related to issues such as child abuse, student discipline, negligence, defamation, student records, and copyright infringement. Tennessee teachers often cite professional liability insurance as a major reason for becoming a member, and rightly so.  Professional Educators of Tennessee offers educators high-quality legal protection and professional liability insurance, at a fraction of the cost of labor unions.  Our educators’ professional liability insurance is unmatched in Tennessee.

As an educator, you are also a consumer, and you expect and deserve quality services at an affordable price.  Our dues at Professional Educators of Tennessee are currently $189. Contrast that with the roughly $600 or more that you are asked to pay for union dues and you will quickly realize not only cost savings but also more liability protection.  We are less expensive because we are not part of a national organization – money collected is used on organizational goals and stays here in Tennessee.  Politically, we are non-partisan. Your dues will never be utilized as political campaign contributions or to support social issue causes unrelated to education. That alone saves our members money   Teachers’ unions engage in aggressive political partisanship and promote a wide-ranging social agenda on issues unrelated to education, often not reflective of the diverse political views of their broader membership.

Bad things happen to good educators every day. There are certainly increased risks for educators targeted by civil lawsuits.   School districts are spending more on litigation costs and frivolous lawsuits.  Educators need excellent liability coverage to cover inadvertent mistakes that could possibly happen.  It’s is better to be proactive by being a member of Professional Educators of Tennessee, as countless teachers discover during the school year.  In today’s society, false allegations can also occur, and with the prevalence of cell phones and social media, this has made educators even more vulnerable.

There are unnecessary lawsuits filed every year with allegations that have little basis in fact. The American legal system makes it easy to file a lawsuit regardless of the merit of the case. Unfortunately, public schools always will be susceptible to legal challenges, and we will never eliminate all lawsuits.  That is why you need professional liability coverage so that you can focus on your job as an educator, and not matters out of your control. When allegations are made, or worse charges are filed, teachers may not be able to count on the backing of a school system or elected official.  You need an organization to stand behind you, preferably one without a partisan agenda.  Our legal resources, including attorneys who know education law are available to assist members with employment concerns. Our legal services team is a phone call away to answer any school-employment questions.

Only Professional Educators of Tennessee offers the peace of mind of $2 Million per member per occurrence, coverage for coaching, tutoring & private instruction, and up to $35,000 for Criminal Acts—and your coverage is never dependent on the discretion/pre-approval of a union boss,  Access to your legal protection is not dependent upon whether your case is determined to be in the best interest of Professional Educators of Tennessee.

As with many professions requiring a state license, the teaching profession—like law and medicine—is governed by a code of ethics. This code outlines standards of personal and professional conduct that you, a member of the profession, must uphold. Violating a standard can have serious consequences for your teaching license.   In addition, in 2018 the state added new laws regarding Teacher Ethics and Teacher Misconduct.  Districts are now required to offer annual training in ethics.   Our organization has partnered with the state to offer online ethics training to our members and other educators.

Unlike other organizations, where employment protection is discretionary, Professional Educators of Tennessee has no committee or group of people who will decide whether or not you will be represented should you face such an employment situation. This coverage saves our members thousands of dollars in legal fees every year and provides immeasurable peace of mind.

Our counseling philosophy is the best way to avoid having a situation escalate to a legal problem and only requires you to call us before the situation gets out of hand. It is very important to know your legal rights and responsibilities. Your membership with Professional Educators of Tennessee and our working relationship with you ensures your rights are not only realized but protected.

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When you have a job-related legal question or concern that may have legal implications, make your first call to Professional Educators of Tennessee or email legal@proedtn.org.  Speaking to an in-house attorney is the best and most efficient way to avoid having a situation escalate into a legal problem. It is critical that you know your legal rights and responsibilities. Your membership with Professional Educators of Tennessee ensures that you will be informed without delay. We are here to help and support our members.

A Modern Approach to Educator Representation

by JC Bowman, posted in Advocacy, JC Bowman, Professional Educators of Tennessee, Tennessee Education, Unions

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I recently read a fantastic editorial by political strategist and analyst, Steve Gill, on the National Education Association, The Californication of the Teachers’ Union.  The article sheds much light on the union, the amplified influence by more liberal state affiliates like New York and California of the National Education Association, which makes them “loyal foot soldiers to advance liberal extremism.”  Mr. Gill makes a compelling case, and it is well worth the read.  I would have added:

  1. NEA and its affiliates had money difficulties well before the Supreme Court ruling in Janus v. AFSCME. As Mike Antonucci writes: The union “ability to adapt to a new environment depends less on their political and organizing skills and more on their willingness to reform themselves financially.”  So, why are union bosses seeing their salary continue to increase?
  2. Teacher Unions continue to put roadblocks in place to prevent their members from exercising their freedom of association. Often, they will use any legal means at their disposal to combat members who want to resign. Take, for example, the difficulty in terminating automatic drafts to pay membership dues. Unions often place a narrow window of opportunity for employees to drop union membership and escape the requirement of paying union dues or fees. For educators, that date may be limited to summer months and are designed to be inconveniently timed for members. In addition, unions blatantly will contribute to political candidates.
  3. When it comes to a private entity making a killing from public education, the teachers’ unions have the market cornered. The next time you hear a union boss talk about “privatizers” who seek to profit from public education, point out for them that “union leaders neglect to point out that teachers’ unions are themselves de facto corporations, though with a difference: all their income—money they get from teachers, voluntarily or otherwise—is tax-free. No teachers’ union—or any union—pays a penny in taxes.”  As teachers’ union watchdog Mike Antonucci writes, “The NEA sinks lots of money into mutual funds, which invest in big corporations, including “AT&T, Verizon, Target, Chevron, Exxon Mobil, IBM, Apple, Google, Facebook, Amazon, Comcast, Coca-Cola, Philip Morris, Microsoft, Boeing, JP Morgan Chase, Berkshire Hathaway, and Aramark.” The NEA “invests in 9 of the 10 richest corporations in the United States,” added Mr. Antonucci.
  4. Four unions combined to spend more than $1 billion on political activities since 2012, according to federal labor filings. Those four are the Service Employees International Union (SEIU), American Federation of State, County, & Municipal Employees (AFSCME), National Education Association (NEA), and American Federation of Teachers (AFT). This is a conservative estimate on public-sector union spending, since they do not count the spending of local unions or state chapters on such activities. Nearly all of the unions’ federal political contributions went to Democrats or advanced liberal causes, according to the Center for Responsive Politics.  Stan Greer who analyzed federal labor filings which disclose how much unions spend on political activities at the federal, state, and local level for the National Institute for Labor Relations Research (NILRR) wrote:  “Big labor is increasingly turning its focus away from workplace matters and more and more towards buying political influence.” No surprise.

The NEA’s unification policy, which means all members are forced to pay dues to the national association, effectively killed the independence of the local and state associations.  While national union bosses thought it would be a media coup to highlight their most recent convention online.  In reality, people got to see a group of very angry people often focused on issues completely unrelated to public education, mad that they lost compulsory unionism. Mickey Kaus, a blogger and the author of “The End of Equality,” and former Democratic candidate for U.S. senator from California, wrote: “the answer of most union leaders to the failure of 1950’s unionism has been more 1950’s unionism.” Most educators are not buying into a more militant, progressive labor movement beholden to the far left.

Educators nationally often spend hundreds, or sometimes even thousands of dollars per year on union dues.  There are much more cost-effective alternatives, like Professional Educators of Tennessee.   That is what makes groups like Professional Educators of Tennessee different.  We offer a modern approach to educator representation, legal protection and unmatched educational advocacy, as well as promoting professionalism, collaboration and excellence without a partisan agenda.  There are non-union alternatives for educators in other states as well.  Nobody wants to return the 1950’s.

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JC Bowman is the Executive Director of Professional Educators of Tennessee, a non-partisan teacher association headquartered in Nashville, Tennessee.  Permission to reprint in whole or in part is hereby granted, provided that the author and the association are properly cited. For more information on this subject or any education issue please contact Professional Educators of Tennessee.

A Professional Voice focused on Public Education in Tennessee

by JC Bowman, posted in Advocacy, Educators, JC Bowman, Leadership, Legislation, Professional Development, Professional Educators of Tennessee, Professional Learning, Resources, Tennessee Education, Unions

img_20180422_212449-1394880902.jpgAs professionals, our members are committed to supporting quality public education and the professional rights and obligations of the education community. Our members set the policy and priorities of  our association to meet the needs of Tennessee educators. Working in partnership with parents, business, community and government, we provide the programs and services that enable educators and schoolchildren to achieve their highest potential.  Professional Educators of Tennessee was created by Tennessee educators for Tennessee educators.  Our focus is the state of Tennessee.      

From professional development to information on the latest education trends, we offer a myriad of resources to help you in and out of the classroom. For over 39 years, Professional Educators of Tennessee has been serving great teachers across the state of Tennessee.  Our members have often been  at the forefront of education in the state.

As the fastest growing teacher association in the state, we know that our members can be catalysts for innovative solutions to the many challenges facing education.  We look forward to creating mutually beneficial partnerships to rethink curriculum, offer professional development, develop sound policy and improve educational environments and outcomes for students across Tennessee.  We have great legal services and member benefits as well!

Protecting your career is just as important as protecting any other life investment. That’s why we provide eligible members a superior protection package to protect you in the classroom with $2 million worth of liability insurance with access to our attorney’s that are available by phone, e-mail or fax during normal business hours.  In fact, we will gladly compare liability policies with any education organization serving teachers in the state. You can join for $189 a year, not over $600 like a union, with a national agenda.  Keep in mind we do not endorse or contribute to political parties or candidates with your dues. We are not a union.  

We work year-round as a professional, positive voice focused on uniting educators in support of an exemplary public education for every student in Tennessee.  We know vitriol and anger only hurts public education and never solves problems.  We understand in order to create a more effective system that provides the basic academic skills necessary for success in life for our students, that we must all work together. Education is a parental right, a state and local responsibility, and a national strategic interest.

It would be our honor to serve you.  Check Professional Educators of Tennessee out at www.proedtn.org

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Breast Feeding 101 for Educators

by JC Bowman, posted in Advocacy, Educators, JC Bowman, Leadership, Legislation, Professional Educators of Tennessee, Professional Learning, Reading, Resources, Tennessee Education

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“People are more opinionated about parenting issues than political issues,” according to writer, Jennifer Martin.   Admittedly this is an unusual subject for me to address, but it has become a frequently asked question by our female educators.  Hopefully this clears up the issue for school boards, administrators, teachers and school staff.

Health professionals and public health officials promote breastfeeding to improve infant health. The American Association of Pediatrics recommends breast-feeding exclusively for about six months, “followed by continued breast-feeding as complementary foods are introduced, with continuation of breast-feeding for one year or longer as mutually desired by mother and infant.”

Tennessee has one of the lowest rates of breast-feeding in the nation, according to the government’s Center for Disease Control and Prevention. Fewer than 16 percent of Tennessee infants are being breast-fed exclusively at six months old, according to the most recent statistics. Surrounding states are much higher, and in some states – mainly in the Pacific Northwest – the rate is extremely high.

It is important to note that 82% of public school teachers are female in Tennessee. Women are the predominate sex in our profession. More importantly, most of these women are of child bearing age.  So this is an important topic for all stakeholders. Breastfeeding also provides long-term preventative effects for the mother, including an earlier return to pre-pregnancy weight and a reduced risk of pre-menopausal breast cancer and osteoporosis.

Here are the appropriate state laws.

  • Tenn. Code Ann. § 68-58-101 et seq. (2006, 2011) permits a mother to breastfeed in any location, public or private, that the mother is authorized to be, and prohibits local governments from criminalizing or restricting breastfeeding.
  • Specifies that the act of breastfeeding shall not be considered public indecency as defined by § 39-13-511; or nudity, obscene, or sexual conduct as defined in § 39-17-901.
  • Tenn. Code Ann. § 68-58-101 et seq. and § 39-13-511(d) were amended in 2011 by Tenn. Pub. Acts, Chap. 91 (SB 83) to remove a provision permitting mothers to breastfeed only infants 12 months or younger in any location. (2006 Tenn. Law, Chap. 617; HB 3582)
  • Tenn. Code Ann. § 50-1-305 (1999) requires employers to provide daily unpaid break time for a mother to express breast milk for her infant child.
  • Employers are also required to make a reasonable effort to provide a private location, other than a toilet stall, in close proximity to the workplace for this activity. (1999 Tenn. Law, Chap. 161; SB 1856).

President Obama signed the Affordable Care Act (ACA) on March 30, 2010. (See the combined full text of Public Laws 111-148 and 111-152 here.)  Among many provisions, Section 4207 of the law amends the Fair Labor Standards Act (FLSA) of 1938 (29 U.S. Code 207) to require an employer to provide reasonable break time for an employee to express breast milk for her nursing child for one year after the child’s birth each time such employee has need to express milk. The employer is not required to compensate an employee receiving reasonable break time for any work time spent for such purpose.

The employer must also provide a place, other than a bathroom, for the employee to express breast milk.  If these requirements impose undue hardship, an employer that employs fewer than 50 employees is not subject to these requirements. The federal requirements shall not preempt a state law that provides greater protections to employees.

For more information:

In addition, many health insurance plans provide coverage for specified women’s preventive health services with no cost sharing (e.g., copayment, coinsurance, or deductible). Breastfeeding support, supplies and lactation counseling are one of these specified preventive services.

As a member, if you believe your school district is not following the law on this issue, feel free to contact our offices at 615-778-0803 extension 104 to speak to an attorney or simply email legal@proedtn.org.

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JC Bowman is the Executive Director of Professional Educators of Tennessee, a non-partisan teacher association headquartered in Nashville, Tennessee. Permission to reprint in whole or in part is hereby granted, provided that the author and the association are properly cited. Follow him on social media via Twitter at @jcbowman.