Don't Get Schooled!

Don't Get Schooled!

Open Ended

In the hierarchy of education policy, if a local school district policy conflicts with a state law, which one "wins" and must be followed?

Open Ended

What is the formal name or "Title" number of the Pennsylvania statute that serves as the primary law for public school practices?

Open Ended

When you hear a new law referred to by a number, such as "Act 48" or "Act 13,"
what is that law actually doing to the state's Public School Code?

Open Ended

State laws, or statutes, provide information on WHAT is mandated. Where would you find the rules on HOW to implement those laws?

Fill in the Blanks

Open Ended

If I was looking at Act 13 of 2020, § 1123 of the Public School Code, or Chapter 19 (§ 19) of Title 22,
what would I be looking to learn more about?

Open Ended

Educators can find guidelines about which certifications can staff different positions in public schools on the PA Department of Education’s website. What is the name of the policy documents that detail this information?

Multiple Choice

True or False:
Your contract (or CBA) is a kind of policy.

• True

• False

End of Round 1

Let's take a look at the answers...

Ask questions, learn more, and have fun as we score round 1 together!

Open Ended

In the hierarchy of education policy, if a local school district policy conflicts with a state law, which one "wins" and must be followed?

The State Law

Under the U.S. Constitution (10th Amendment), education is a power reserved for the states. Because of this, the state acts as the "boss" of local school districts. While a district can add more rules, they can never subtract from or contradict a state mandate.

Open Ended

What is the formal name or "Title" number of the Pennsylvania statute that serves as the primary law for public school practices?

Title 22

This is the "Bible" of PA education. Most of the laws you follow daily—from how many days you must teach (180) to how your sick leave works—come from the Public School Code of 1949.

Also accepted: PA Public School Code, Public School Code, Act 14 of 1949

Open Ended

When you hear a new law referred to by a number, such as "Act 48" or "Act 13,"
what is that law actually doing to the state's Public School Code?

Amending

Laws are not static. When the legislature wants to update the Public School Code, they pass a new "Act." For example, Act 48 wasn't a separate, standalone law; it was a specific amendment that added new professional development rules into Title 24.

Also accepted: changing, revising, editing

Open Ended

State laws, or statutes, provide information on WHAT is mandated. Where would you find the rules on HOW to implement those laws?

Regulations

If a Law is the command ("You must do X"), a Regulation is the instruction manual ("Here is exactly how you do X"). In PA, the State Board of Education writes these regulations to clarify the details of the broad laws passed by politicians.

Also accepted: Pa. Code, 22 Pa. Code, Title 22, PA Bulletin

Fill in the Blanks

BoardDocs

Transparency is required by the Sunshine Act. Most PA districts use BoardDocs as a public digital filing cabinet so that teachers, parents, and the community can view school board meeting agendas and official district policies 24/7.

Chapters

To make the massive volume of state regulations easier to navigate, they are organized into Chapters. For example, if you have a question about Special Education, everyone knows to look at "Chapter 14." If you have a question about Graduation Requirements, you go to "Chapter 4."

Open Ended

Educators can find guidelines about which certifications can staff different positions in public schools on the PA Department of Education’s website. What is the name of the policy documents that detail this information?

Certification and Staffing Guidelines (CSPGs)

These are published by the PA Department of Education (PDE). They are the final word on what "codes" on your certificate actually allow you to do. For instance, a CSPG will tell you if an "Secondary" certificate holder can teach 6th-grade math in a middle school.

Open Ended

If I was looking at Act 13 of 2020, § 1123 of the Public School Code, or Chapter 19 (§ 19) of Title 22,
what would I be looking to learn more about?

Educator Evaluation

Act 13 of 2020 was a major update that changed how teachers are rated. It shifted the "weight" of your evaluation—focusing 70% on your actual practice (observations) and 30% on student data/building measures for tenured teachers, 90% practice and 10% building data for tenured non-teaching professionals, and 100% practice for non-tenured (temporary) professional employees.Chapter 19 provides the rules (regulations) on how to implement the evaluation system, including the components of practice and student/building data and rating forms.

Also accepted: Teacher evaluation, Educator/teacher effectiveness, rating tools, and related terms

Chapter 14 or Act 48

Act 48 is the famous law requiring certified educators to earn 180 hours of professional development every five years to keep their certificates active. Chapter 14 creates similar requirements specifically for special education paraprofessionals.

Multiple Choice

True or False:
Your contract (or CBA) is a kind of policy.

• True

• False

Explanation Slide...

This is a vital distinction. Policies are sets of rules created unilaterally by a School Board. A Collective Bargaining Agreement (CBA) is a legally binding contract negotiated between two equal parties (the Board and your Union). You can’t "grieve" a policy change in the same way you can a contract violation

Open Ended

When you hear a new law referred to by a number, such as "Act 48" or "Act 13,"
what is that law actually doing to the state's Public School Code?

Fill in the Blanks

Open Ended

If I was looking at Act 13 of 2020, § 1123 of the Public School Code, or Chapter 19 (§ 19) of Title 22,
what would I be looking to learn more about?

Explanation Slide...

Laws are not static. When the legislature wants to update the Public School Code, they pass a new "Act." For example, Act 48 wasn't a separate, standalone law; it was a specific amendment that added new professional development rules into Title 24.

Multiple Choice

According to the First Amendment, school employees are protected when they speak on matters of public concern—but only if they are speaking in a specific capacity.
Are they protected when speaking as a school employee or as a private citizen?

• school employee

• private citizen

Open Ended

When engaging in public commentary or speaking to a reporter at a rally, an educator may refer to themselves as a school employee. What specific piece of information should they avoid identifying to ensure their speech remains protected?

Open Ended

To keep advocacy efforts legally separate from employment, educators should follow two "Golden Rules" regarding resources. First, engage in advocacy only outside of work time. What is the second rule regarding equipment?

Multiple Choice

While peaceful protesting is protected, acts of civil disobedience (like trespassing or blocking a street) carry a high risk of arrest.

Are acts of civil disobedience that result in arrest protected by the First Amendment if the intent was to express a political view?

• Yes

• No

Open Ended

When an educator is making a general remark about school policy in a public forum, what information must be strictly excluded regarding the children they serve?

Open Ended

If a school district takes disciplinary action because they believe an employee’s advocacy was "disruptive," who is the first entity the employee should contact for assistance?

Multiple Choice

Can a school employee run for public office in the same county or state in which they work?

• Yes

• No

Multiple Choice

A teacher records a Sunday evening TikTok video at home wearing an "Educators for Shapiro" shirt and explains why they support a specific environmental policy. They do not mention their school or district and use a personal device and account. On Monday, a parent complains to the principal.

Is the educator’s action likely protected by Free Speech?

• Yes

• No

Multiple Choice

An educator attends a Saturday protest regarding a controversial new state law. The protest is non‑violent, but the group stays past a court‑ordered curfew to make a point. The teacher is arrested for "Failure to Disperse" (a summary offense). On Monday, the district hears about the arrest and initiates disciplinary action.

Is this protected by the First Amendment?

• Yes

• No

End of Round 2

Let's take a look at the answers...

Ask questions, learn more, and have fun as we score round 1 together!

Multiple Choice

According to the First Amendment, school employees are protected when they speak on matters of public concern—but only if they are speaking in a specific capacity.
Are they protected when speaking as a school employee or as a private citizen?

• school employee

• private citizen

Private Citizen

When educators at public schools speak as a school employee, their words may be taken as those of the school or district. Educators must be sure to clarify that they are speaking as a private citizen to ensure the speech is protected because freedom of speech is afforded to citizens as individuals and not neccessarily to public entities.

Disruption

While potentially vague, the “substantial disruption” language is key to considering whether your public advocacy could result in disciplinary action. Examples of actions a district might consider a substantial disruption to the school environment in some cases (some pending court cases) include, but are not limited to: student walk-outs, major protests on school properties, expansive parental or student distress, doxing, student-on-student violence and bullying, student acts of self-harm, and resulting hate speech.

Open Ended

When engaging in public commentary or speaking to a reporter at a rally, an educator may refer to themselves as a school employee. What specific piece of information should they avoid identifying to ensure their speech remains protected?

Your Specific Employer

While identifying the kind of work or position you hold to add context to your perspectives and statements can be helpful, identifying your specific employer, school district, and/or school building can portray you as a representative speaking on behalf of that organization—thus removing the protections you hold as a private citizen. Whenever possible, clearly say that you statements are provided as a “private citizen” as well as ensuring that you do not identify your employer.

Open Ended

To keep advocacy efforts legally separate from employment, educators should follow two "Golden Rules" regarding resources. First, engage in advocacy only outside of work time. What is the second rule regarding equipment?

Do not use work devices or materials!

When using employer resources, time, locations, or even connections and platforms, educators run a risk of the actions being construed to fall within their job duties. Clearly avoiding any job-connections during public advocacy work is an important consideration to ensure legal protection.

Multiple Choice

While peaceful protesting is protected, acts of civil disobedience (like trespassing or blocking a street) carry a high risk of arrest.

Are acts of civil disobedience that result in arrest protected by the First Amendment if the intent was to express a political view?

• Yes

• No

School employees in PA who are arrested or convicted of a first degree misdemeanor or felony must report it to their employer within 72 hours. Some districts further require reporting of lesser arrests and crimes. First-degree misdemeanors may result in a 5-year bar and felonies in a 10-year bar to school employment. Any arrest or conviction for alleged criminal OR non-criminal conduct can results in a suspension or revocation of an educator’s certification if the conduct violates the Educator Discipline Act.

Open Ended

When an educator is making a general remark about school policy in a public forum, what information must be strictly excluded regarding the children they serve?

Student names or any identifying information

The Family Educational Rights and Privacy Act, or FERPA, protects a child’s privacy. Revealing any information that can individual identify a student can violate FERPA.

Open Ended

If a school district takes disciplinary action because they believe an employee’s advocacy was "disruptive," who is the first entity the employee should contact for assistance?

Local Union

Your union is there to support you.
As a union member you have a right to
representation when called to a meeting
by administrators that may result in
discipline by your Weingarten Rights.

Multiple Choice

Can a school employee run for public office in the same county or state in which they work?

• Yes

• No

Yes, educators can run for nearly any public office for which they are eligible. The only exception is that individuals may not serve on a school board for the school district in which they are employed (even if they are also a resident of the district). Some CBAs/contracts or local policies require that educators provide the district with notice prior to running for a position. Educators should consult their UniServ for more information on limitations on campaigning and PSEA/NEA supports for members.

Multiple Choice

A teacher records a Sunday evening TikTok video at home wearing an "Educators for Shapiro" shirt and explains why they support a specific environmental policy. They do not mention their school or district and use a personal device and account. On Monday, a parent complains to the principal.

Is the educator’s action likely protected by Free Speech?

• Yes

• No

Most likely, yes. The educator was speaking as a private citizen on a matter of public concern, outside of work hours, without using school resources or identifying their specific employer. As long as the video does not contain any profane, threatening, offensive, or inflammatory content or cause a significant disruption to the school environment they should be protected from any disciplinary actions.

Multiple Choice

An educator attends a Saturday protest regarding a controversial new state law. The protest is non‑violent, but the group stays past a court‑ordered curfew to make a point. The teacher is arrested for "Failure to Disperse" (a summary offense). On Monday, the district hears about the arrest and initiates disciplinary action.

Is this protected by the First Amendment?

• Yes

• No

Even non-violent acts of civil disobedience that result in an arrest are not protected by the First Amendment. Because it involved illegal activity (violating a curfew), the district may take disciplinary action regardless of the educator's intent or the peaceful nature of the event. In Pennsylvania, a summary offense like violating a curfew would be a criminal conviction that could stay on one’s record for five years before it becomes eligible for expungement. This means the arrest would show up on the educator’s clearances for at least the next five years and could influence future hiring as well.

Multiple Choice

Would the First Amendment protect social media posts, pictures, and comments that you made as a private citizen, on your personal device, while students are taking a test?

• Yes

• No

• Sometimes

Multiple Choice

True or False:

Once a social media post is deleted or removed, it can no longer be accessed by employers or other parties.

• True

• False

Multiple Choice

When is it OK to accept a friend request made by a student on your personal social media account?

• Only if you are concerned for their mental or physical health.

• Only when you know them well with parental permission.

• Never.

• When the student initiates the request on a weekend.

Open Ended

You attend a Halloween party over the weekend, and a non-work friend posts a picture of you holding an alcoholic beverage in a not-so-professional costume. What should you do?

Multiple Choice

True or False:

An employer can review your social media footprint during the hiring process.

• True

• False

Multiple Choice

True or False:

An employer can use information like your age or race, when posted publicly on social media, as a basis for hiring decisions.

• True

• False

Open Ended

Social media and other electronic communications can sometimes be subject to release due to a Right to Know Law (RTKL) request—even when posted as a private citizen, on a private account, without the use of school resources.

What about the communications typically determines whether they qualify as public records of a school employer and so must be turned over during a RTKL request?

Open Ended

PSEA’s legal team suggests that each time an educator posts, reposts, likes, or comments on a social media platform they ask themselves if they would feel comfortable if these four people/groups viewed the post.

Name each of the four people/groups.

Open Ended

Educators may be contacted by parents during off-duty hours via social media.

What should educators consult BEFORE responding to a parent on any social media platform?

End of Round 3

Let's take a look at the answers...

Ask questions, learn more, and have fun as we score round 1 together!

Multiple Choice

Would the First Amendment protect social media posts, pictures, and comments that you made as a private citizen, on your personal device, while students are taking a test?

• Yes

• No

• Sometimes

No.

When a social media post is made during ‘on duty’ hours, the post could be construed as part of your job duties. Even though you may be posting on a personal account and using a personal device, doing so during contracted, “on duty” work hours is using the employer resource of time.  

Multiple Choice

True or False:

Once a social media post is deleted or removed, it can no longer be accessed by employers or other parties.

• True

• False

Individuals can take a screenshot, reshare, or download various kinds of social media posts prior to deletion or removal. These actions can result in the posted content being continually available to others despite your efforts to remove it. Furthermore, some social media content can be requested through legal proceedings and Right To Know Law requests—even when it was removed by the original poster.

Once a post is made—even when private, deleted, or removed—there is a potential that the post could be accessed at any point in the future.

Multiple Choice

When is it OK to accept a friend request made by a student on your personal social media account?

• Only if you are concerned for their mental or physical health.

• Only when you know them well with parental permission.

• Never.

• When the student initiates the request on a weekend.

Never!

Do not accept “friend” requests from your students or their parents on your personal social media accounts.

If a student or parent of a student contacts you through a social networking site, do not respond. If you are friends with non-students who become students or potential students, consider unfriending the student to ensure your safety.If your school uses a social platform for parent and student communication, be sure to only use your school-issued account on that platform for any communications and remember that all messages are potentially public.

Open Ended

You attend a Halloween party over the weekend, and a non-work friend posts a picture of you holding an alcoholic beverage in a not-so-professional costume. What should you do?

Untag the image
AND
request that it be deleted/removed.

Social media posts that are profane, threatening, offensive, or inflammatory can be considered “substantially disruptive” to the school environment. Even those that are simply unprofessional may serve as the basis of discipline if they might indicate a violation of the Educator Discipline Act, violate local policies, or result in an impact on your employer’s operations.

Multiple Choice

True or False:

An employer can review your social media footprint during the hiring process.

• True

• False

While it may feel like an invasion of privacy, the legal reality is that anything you post publicly is fair game for a potential employer. Schools often conduct “digital footprint” checks to ensure that a candidate's public conduct aligns with the high standard of "moral turpitude" required for educators in Pennsylvania. Even when you post something as private, it might be public. Friends, followers, and others may take a screenshot of a private post and share it or disperse it on their own—never trust the privacy settings to keep you safe enough!

Multiple Choice

True or False:

An employer can use information like your age or race, when posted publicly on social media, as a basis for hiring decisions.

• True

• False

Explanation Slide...

Even though an employer can look at your social media profile, they cannot use the information they find there to discriminate against you based on protected classes—such as your religion, race, age, or disability status.

Open Ended

Social media and other electronic communications can sometimes be subject to release due to a Right to Know Law (RTKL) request—even when posted as a private citizen, on a private account, without the use of school resources.

What about the communications typically determines whether they qualify as public records of a school employer and so must be turned over during a RTKL request?

Content

Right to Know Law (RTKL) requests and social media/electronic communications are complicated; however, Pennsylvania courts have applied the RTKL’s two-part test that asks:
(1) whether the content documents a transaction or activity of the agency AND
(2) whether it was created, received, or retained in connection with agency business.
If an educator posts as a private citizen outside of their job duties, the determination of whether the communication is public record would be based on the content of the message/post.

Open Ended

PSEA’s legal team suggests that each time an educator posts, reposts, likes, or comments on a social media platform they ask themselves if they would feel comfortable if these four people/groups viewed the post.

Name the each of the four people/groups.

1. Your Mother
any parent/grandparent

2. Your Students

3. Your Superintendent
or any administrator

4. A person reading the
New York Times
or any major newspaper

Snapchat

Many of the educator discipline cases in Pennsylvania over the last few years have stemmed from situations where educators believed messages sent in Snapchat were permanently deleted, never saved, or temporary in some manner. Educators are advised that no social media platforms can promise privacy or removal of any posted content.

Open Ended

Educators may be contacted by parents during off-duty hours via social media.

What should educators consult BEFORE responding to a parent on any social media platform?

Local Policy

Most districts have policies about approved systems for communicating with parents (and with students) that apply during both on- and off-duty hours. Consult local policies on home-school communications, social media, or family engagement for approved practices. If you cannot find the appropriate policy or guidance, seek clarification from an administrator or contact your local leaders.

Fill in the Blanks

Open Ended

PSEA Education Defenders often share their "educator stories" to influence policy.

The three main groups these "Defender" efforts are designed to advocate for are:

Fill in the Blanks

Fill in the Blanks

Multiple Choice

True or False:

As a PSEA member, a portion of your PSEA membership dues is automatically sent to support the campaigns of pro-public education political candidates.

• True

• False

Fill in the Blanks

Open Ended

Both Schoolhouse Ballot and PACE use a vetting process to select candidates to recommend/support. Who surveys, interviews, reviews, and determines the selected candidates?

Fill in the Blanks

Open Ended

Public employees are entitled to a Loudermill hearing as part of their due process rights when facing a possible termination.

What is the purpose of a Loudermill hearing?

Fill in the Blanks

End of Round 4

Let's take a look at the answers...

Ask questions, learn more, and have fun as we score round 1 together!

Fill in the Blanks

Education Defender

You can join PSEA's Educator Defenders and learn more by visiting: https://www.psea.org/defender

Open Ended

PSEA Education Defenders often share their "educator stories" to influence policy.

The three main groups these "Defender" efforts are designed to advocate for are:

Students, Schools, and the Profession

Defending public education takes all of us—and there are so many ways to get involved.

EXCLUSIVE INFORMATION
Gain early access to critical education policy updates and insiderperspectives.
SPECIALIZED TRAINING
Designed to enhance advocacy skills, tailored to you!
CONNECT WITH OTHER PUBLIC EDUCATION ADVOCATES
Join a network of fellow PSEA members committed to protecting public education.
STRATEGIC RESOURCES
Receive customized tools for effective advocacy.

WHETHER YOU HAVE FIVE MINUTES OR A FEW HOURS, YOUR VOICE AND YOUR ACTIONS MATTER.

Fill in the Blanks

Advocates for
Children &
Education

ACEs are PSEA members who advocate on the
issues that impact public education, including
members' rights and working conditions.
ACEs work to promote positive legislation and deter negative legislation by establishing relationships with state and federal elected officials. Members develop and maintain ongoing constituent relationships with elected officials and advocate on the issues that are important to PSEA members and public education.

Learn more at https://www.psea.org/ace or email Jennifer Statler ([e-mail]) to find out about upcoming training opportunities! https://www.psea.org/ace

Fill in the Blanks

PACE

Contributions are voluntary and help to fund the campaigns of pro-public education candidates.

Learn more and donate at https://www.psea.org/pace

Multiple Choice

True or False:

As a PSEA member, a portion of your PSEA membership dues is automatically sent to support the campaigns of pro-public education political candidates.

• True

• False

By law, dues money cannot be given
to candidates. Political contributions
must be voluntary, and so they may
only occur when you choose to make
a contribution to PACE.

Contributions to PSEA-PACE are voluntary and members have the right to refuse to contribute without reprisal. A member may contribute more or less than the suggested amount, or not contribute, without it affecting his or her membership status, rights, or benefits in NEA, PSEA or any of PSEA's affiliates.Contributions to PSEA-PACE are not deductible as charitable contributions for federal or state income tax purposes. Only U.S. citizens or lawful permanent residents may contribute to PACE. No dues dollars can be given to political candidates.

Fill in the Blanks

Schoolhouse Ballot

The Schoolhouse Ballot program is
run through the PSEA-PACE group
and identifies candidates that are
recommended by PACE due to their
alignment with issues that support
public education.

You can look up your candidates by your address and learn more at https://schoolhouseballot.com

Open Ended

Both Schoolhouse Ballot and PACE use a vetting process to select candidates to recommend/support. Who surveys, interviews, reviews, and determines the selected candidates?

PSEA Members

While PSEA staff support the members who engage in this work, members such as your PACE chair lead this process.How does PSEA-PACE Decide Which Candidates to Support? PACE supports Republicans and Democrats. What matters is that a candidate is pro-public education. Candidate recommendations are made by PSEA members after an in-depth review and interview process.

Fill in the Blanks

Weingarten Rights

Weingarten Rights entitle you to union
representation in any potentially
disciplinary meeting when:











If you do not ASK for a representative, your employer does not have to make sure you have one.

1. The meeting is investigatory in any way.

2. The meeting could result in discipline or termination.

3. You request a union representative.

Open Ended

Public employees are entitled to a Loudermill hearing as part of their due process rights when facing a possible termination.

What is the purpose of a Loudermill hearing?

Hear the charges against you
and
share your side of the story.

All non-probabtionary public employees have a right to a pretermination, or Loudermill, hearing as well as a post-termination hearing. The Loudermill hearing functions as "an initial check against mistaken decision--essentially a determination of whether there are reasonable grounds to believe chargest against the employee are true and support the proposed action."The hearing allows you to learn why the employer is pursuing termination and on what basis as well as share your side of the story.PSEA advises any member called to a Loudermill hearing to contact his or her UniServ representative immediately. 

Fill in the Blanks

Action

Access the many NEA resources, opportunities, and more at https://www.nea.org/advocating-for-change/action-center

Paul Bryant

"Winning isn't everything, but it beats anything that comes in second."

It's time to tally our scores and crown today's winners!