Know Thy Rights FAQ

Quick answers to common questions about your rights at work. If something here isn’t happening at your site, or you don’t see your situation, call the MTA office at 209-526-0191.
Grey boxes quote the source word for word: the contract, Board Policy, or the Education Code, with the section and page, so you can show it to an administrator. The answer above each box is MTA’s guidance. Contract page numbers are the printed page numbers in the 2023-26 Collective Bargaining Agreement.
No questions match that search. Call the MTA office at 209-526-0191.

Being told to do something?

“Is it a Directive?”
If you are being told to not use supplemental material, ask if it is a directive. Ask them to put it in writing. Call the office.If you are being told to do anything that is a violation of the contract, ask if it is a directive and call the office.

PLCs and collaboration

Do I need to turn in PLC Minutes/ Notes or upload to a shared Google Folder?
Yes. There is an agreed upon form that you must turn in. You can do so as a group or individually. It is to be completed DURING your collab time. They cannot require it to be done outside of the PLC time. Your site can also agree to a different form, but it must be mutually agreed upon.
Contract, Art. IV, Sec. C, PLC Common Expectations (p. 16)

“Collective commitments shall include a meeting summary based on work done during the meeting related to the four questions (to be completed on the PLC Learning Team form or form mutually agreed upon between the PLC team and administrator). The summary form used is to be completed within the allotted PLC time.”

Do we need to establish Norms in our PLC?
NO. Per contract, you are only responsible for the 4 questions to guide the collaboration.
Do we need to create an agenda for PLC?
YES, agendas shall be mutually agreed upon by the site admin and the leadership team. Staff should have input.
Contract, Art. IV, Sec. C, PLC Collaboration, para. 2 (p. 16)

“Collaboration agendas shall be mutually agreed upon between the site administration and the Site Leadership Team, (or specialty group PLC team in the absence of a representative on the Site Leadership Team). Site Leaders shall actively seek input from those they represent to inform the development of collaboration agendas.”

Is the 15-day Challenge required?
NO. Per Brad Goudeau’s FAQ-“Some forms/documents/guides have been created to support teachers/collaboration teams in their work. The utilization of types of items are OPTIONAL”
Do I need to complete the Know Thy Impact for our PLC?
NO. Per Brad Goudeau’s FAQ-“Some forms/documents/guides have been created to support teachers/collaboration teams in their work. The utilization of types of items are OPTIONAL”
Does my Leadership Team make decisions for the site?
Your leadership team should work WITH their site to make decisions. They should present ideas at a staff meeting and seek input from all staff. Your leadership members should work with staff for agreement on things they want to implement. If you feel you have no voice on leadership and the admin is dictating agendas, please call the office. Contract states it, “shall be mutually agreed upon.” PLC should be teacher driven!
Contract, Art. IV, Sec. C, PLC Collaboration, para. 2 (p. 16)

“Collaboration agendas shall be mutually agreed upon between the site administration and the Site Leadership Team, (or specialty group PLC team in the absence of a representative on the Site Leadership Team). Site Leaders shall actively seek input from those they represent to inform the development of collaboration agendas.”

Walkthroughs and evaluation

Can admin leave feedback after a walkthrough?
YES. They are leaving feedback in the form of notes or emails. You may request the feedback if you did not receive any. Please let the office know if you are being asked to meet to discuss your walkthrough. No feedback or walk thru information should turn up in your evaluation.
Contract, Art. II, Sec. E (p. 3)

“The process of discussing or collecting trend data from one or more teachers, such as walk-throughs, is not considered to be evaluative.”

Contract, Art. VIII, Sec. C.3 (p. 70)

“Final evaluation comments must relate to administrative observations and/or written communications to individual employees during the formal observation period. Informal observations shall not count towards a certificated employee’s evaluation.”

What if I receive bad feedback?
Ask your principal to come and demonstrate/model a lesson for you. Our instructional leaders should be able to show you exactly what it is they are looking for. Email the request.
Do I need to meet to discuss the feedback from a walkthrough?
Comply, then call the office. 209-526-0191
Can they use a rubric to evaluate me during a walkthrough?
Please call the MTA office if your admin is using a rubric to evaluate your walkthrough.
Contract, Art. II, Sec. E (p. 3)

“The process of discussing or collecting trend data from one or more teachers, such as walk-throughs, is not considered to be evaluative.”

Can admin share my walkthrough scores to the staff?
No. Call the office. Staff meetings or PLC should not be used to shame teachers.
Can Creative Learning Solutions (CLS) evaluate me?
NO, you should only be receiving feedback from Creative Learning Solutions. They should not be scoring you or emailing you to see the principal based on what they see. Call the office.
Peer to Peer walkthrough-
Do we need to allow other teachers into our rooms?
NO. You must allow admin and Creative Learning Solutions, but you may opt out of having teachers observe you.
Contract, Art. II, Sec. E (p. 3)

“No bargaining unit member can evaluate another bargaining unit member, or direct other bargaining unit members to change their teaching method or implementation of the curriculum.”

The contract does not address opting out of peer observations. This is the closest related language.

I have been denied the 5-year evaluation-
Please send MTA a copy of your denial. FYI – highly qualified means NCLB compliant, not a score of 5. The district has interpreted it wrong. If you get a reason of denial that highlights your lack of friendliness, not enough PD, not on leadership etc…Please let office know.
Contract, Art. VIII, Sec. C.10 (p. 71)

“The evaluation of a permanent certificated employee may be at least every five (5) years based on the following:

a. The permanent certificated employee: i. Has been employed for ten (10) complete cumulative school years with the District, ii. Is determined to be highly qualified, if serving in a position that is required to be filled by a highly qualified professional as defined by the federal law and/or regulations, and iii. Previous evaluation rated the employee as overall satisfactory.

b. The evaluator and the permanent certificated employee being evaluated must agree to the five-year evaluation cycle. The permanent certificated employee or the evaluator may withdraw consent at any time. The stated reason for withdrawing consent shall be in writing and shall not be arbitrary, capricious, or retaliatory.”

Curriculum and classroom

Is MTSS voluntary at the elementary level?
YES. If you decide to not participate in school wide intervention (MTSS) you must do intervention within your own classroom.
Can I use Supplemental Materials?
YES! As per Board Policy 6161.11, supplementary instructional materials “shall supplement and not supplant the use of Board-adopted basic instructional materials that serve as the primary learning resources.” You do not need prior approval to use such materials. Please call MTA if you are being told otherwise.

“The Governing Board encourages the use of supplementary instructional materials to enrich the curriculum and enhance student learning. Such materials shall be aligned with district goals, curriculum objectives, and academic standards and shall supplement and not supplant the use of Board-adopted basic instructional materials that serve as the primary learning resources.”

“Supplementary instructional materials may be selected by the Superintendent or designee, school administrators, or teachers, as applicable, and obtained through donations to the district and/or available funding sources designated for these purposes.”

Do I need to get prior approval for supplemental material?
NO, It has been a long standing past practice that the teacher will use their own professional judgment.“Whenever a district employee proposes to use a supplementary resource which is not included in the approved learning resources of the district, he/she shall preview the material to determine whether, in his/her professional judgment, it is appropriate for the grade level taught and is consistent with district criteria for the selection of supplementary instructional materials”
MCS Board Policy 6161.11, Appropriateness of Materials (full paragraph)

“Whenever a district employee proposes to use a supplementary resource which is not included in the approved learning resources of the district, he/she shall preview the material to determine whether, in his/her professional judgment, it is appropriate for the grade level taught and is consistent with district criteria for the selection of supplementary instructional materials. The employee shall confer with the Superintendent or designee as necessary to determine the compliance of the material with district criteria. The primary considerations should be the educational value, appropriateness, and relevance of the materials as well as the ages and maturity of the students.”

Grades K-6: instructional materials “are approved for classroom instruction if they meet any one of the criteria below: … 5. Supplementary support materials which are age appropriate and directly relate to and support state content area standards and the district approved course of study.”

Grades 7-12: instructional materials “are approved for classroom instruction if they meet any one of the criteria below: … 4. Supplementary support materials which are age appropriate and directly relate to and support state content area standards and the district approved course of study.”

Do we need to have objectives written on the board?
At the elementary level, it has always been past practice that standards should be posted, not objectives. TK-6 has too many objectives during their day to post them all. For TK-12 the practice has always been students should be able to state the objective, not that it has to be written on the board.
Do we need to have our daily agenda posted in elementary?
NO, we have always turned in a skeleton agenda to admin at the beginning of the year.

Student discipline

Can I suspend a student from my classroom even if the admin says I can’t?
YES, “A teacher may suspend any pupil from class, for any of the acts enumerated in Section 48900, for the day of the suspension and the day following.” They can’t be returned to your room.Choose “hold today” or “hold next day”. The student is the responsibility of the office and cannot be sent back to your room.

“A teacher may suspend any pupil from class, for any of the acts enumerated in Section 48900, for the day of the suspension and the day following. The teacher shall immediately report the suspension to the principal of the school and send the pupil to the principal or the designee of the principal for appropriate action. If that action requires the continued presence of the pupil at the schoolsite, the pupil shall be under appropriate supervision, as defined in policies and related regulations adopted by the governing board of the school district. As soon as possible, the teacher shall ask the parent or guardian of the pupil to attend a parent-teacher conference regarding the suspension. If practicable, a school counselor or a school psychologist may attend the conference. A school administrator shall attend the conference if the teacher or the parent or guardian so requests. The pupil shall not be returned to the class from which he or she was suspended, during the period of the suspension, without the concurrence of the teacher of the class and the principal.”

Contract, Art. XXIV, Sec. H (p. 160)

“Both bargaining unit members and administration will adhere to and enforce Education Code section 48910, the teacher’s right to suspend from the classroom.”

My admin asked me to take a student that my colleague in-school suspended. Do I have to?
No! You should say no. The office/admin should be supervising. We should NOT make our jobs harder and their jobs easier. If they ask, you can say yes, but it is voluntary.

Lunch, prep, and meetings

Data Dive caused me to miss my prep/recess.
Per contract you get a 15 minute break and a 30 minute uninterrupted lunch. Your prep should be made up if it is due to a partial day PD or Data Dive.“The District and Association agree that all PreK-6 teachers will have a duty free lunch on all school days.”“All grades shall have at least one recess that is a minimum of fifteen (15) minutes in length.”
Contract, Art. IV, Sec. K, Duty Free Lunch (PreK-6) (p. 24)

“The District and Association agree that all PreK-6 teachers will have a duty free lunch on all school days.”

Contract, Art. IV, Sec. A.2, For Grades 1-6 (p. 9)

“All grades shall have at least one recess that is a minimum of fifteen (15) minutes in length.”

Contract, Art. IV, Sec. H.3, Elementary Preparation Periods, Grades TK-6 (p. 22)

“Prep time not received due to holiday, full-day professional development, field trips, or minimum day will not be made up.”

I missed my prep due to an all day PD
Per contract, “Prep time not received due to holiday, full-day professional development, field trips, or minimum day will not be made up.”
Contract, Art. IV, Sec. H.3, Elementary Preparation Periods, Grades TK-6 (p. 22)

“Prep time not received due to holiday, full-day professional development, field trips, or minimum day will not be made up.”

Do I miss my lunch on a rainy day schedule? (Elementary)
Your admin should develop a system of coverage using yard duties. Only if your site is shorthanded, admin may need to create a rotating schedule.“A duty free lunch may be circumvented by assigning additional duties on rainy days. On rainy days, for sites that are unable to develop a system to free teachers for their full lunch period, principals may assign from one (1) to five (5) teachers on a rotating basis to supervise students. In all cases, teachers will receive a full 30-minute lunch.”
Contract, Art. IV, Sec. K, Duty Free Lunch (PreK-6) (p. 24)

“The District and Association agree that all PreK-6 teachers will have a duty free lunch on all school days. A duty free lunch may be circumvented by assigning additional duties on rainy days. On rainy days, for sites that are unable to develop a system to free teachers for their full lunch period, principals may assign from one (1) to five (5) teachers on a rotating basis to supervise students. In all cases, teachers will receive a full 30-minute lunch.”

Do we need to sign in at a staff meeting?
NO! Do not sign in at a staff meeting. This is a well-established past practice.
My principal told me I must teach a 0-7. (grades 7-12)
No, teaching 0-7 is optional and you must AGREE to do so.
Contract, Art. IV, Sec. L, Period Assignment for 7-8 Teachers (pp. 24–25)

“Teachers may be assigned periods 1-8 or 0-7 (6 class periods, 1 lunch period, and 1 preparation period) on a voluntary basis. Teachers will receive an 8th period stipend for six teaching periods (i.e. classes paid as 8th period stipend).”

“If there are not enough credentialed and qualified teachers to teach the needed 8th period optional(s) at a 7-8 site(s), then credentialed and qualified teachers at the other 7-8 sites will be offered the optional period(s). If no 7-8 teacher is interested, then qualified teachers at the TK-6 and 9-12 level will be given the opportunity to fill the need. If there are no TK-12 teachers available or willing to teach the 8th period optional(s), then the principal at the individual 7-8 school may assign a credentialed and qualified teacher from their staff to teach the needed 8th period optional(s).”

This sentence is in the section for grades 7-8. The section for grades 9-12 (Art. IV, Sec. M, p. 25) does not mention a 0-7 schedule.

Special education

I keep missing my lunch and prep. SPED
Your admin needs to watch your students if it is your prep or lunch. If you are short-handed, you STILL GET YOUR PREP and LUNCH each week. Call the office if that is not happening.
Contract, Art. IV, Sec. H, Elementary Preparation Periods, Grades TK-6 (p. 22)

“There shall be a weekly elementary preparation period at each elementary school site (which includes special education), for grades TK-6 within the following guidelines: 1. Two thirty (30) minute preparation times during the student instructional day for each TK-6 teacher. Administration will schedule each TK-6 teacher’s preparation time. 2. Certificated employees who are teacher of record will receive prep time.”

Contract, Art. IV, Sec. K, Duty Free Lunch (PreK-6) (p. 24)

“The District and Association agree that all PreK-6 teachers will have a duty free lunch on all school days.”

Do I have to fill out the Service Tracker form weekly? SPED
You do need to complete the form monthly. If they ask for it more frequently, you can, but you do not have to.
I am a resource teacher. What is my caseload? SPED
28

“Caseloads for resource specialists shall be stated in the local policies developed pursuant to Section 56195.8 and in accordance with regulations established by the board. A resource specialist shall not have a caseload that exceeds 28 pupils.”

Contract, Art. VII, Sec. 20, Resource Specialist Caseloads (p. 67)

“Resource Specialist caseloads shall be based on the average for the year and in accordance with Education Code when determining initial staffing allocations.”

What if they go over my caseload? SPED
Call MTA immediately.
Contract, Art. VII, Sec. 20, Resource Specialist Caseloads (p. 67)

“Caseloads will be reviewed each month to determine whether additional resources are needed immediately based on consistent counts over caseload or trends in numbers from month-to-month. Temporary assistance may be provided through sharing of resource time between sites that are over twenty-eight (28) and those that are twenty (20) or under. Assistance to overloaded sites may also be provided by a rover, substitute or other additional time (e.g. paraprofessional allocation), or at 7-12 with optional periods.”

Want the printable version? Download the Know Thy Rights PDF (4 pages, 2025).

Updated October 30, 2026: this web version adds the source citations in the grey boxes. It also corrects the wording of several quotations so they match the contract, Board Policy 6161.11, and Education Code section 48910 exactly. Where the PDF and this page differ, this page is current.