File a grievance now, or don’t bring it up again….

Consider this scenario: a principal issues a written directive to a teacher. The teacher believes that the directive violates school policy, but does not make an issue of it.  Later, the school charges the teacher with violating the directive and proposes nonrenewal of contract.  In the nonrenewal hearing, the teacher claims that she did not have to comply with the directive because it violated school policy.

Too late, according to the Commissioner.  The Commissioner held that the teacher:

was required to file a grievance if she believed the directive was improper. A teacher cannot fail to object to a principal’s directive and then contend that the directive is contrary to policy so the teacher could just ignore the directive.  Gibson v. Tatum ISD, Docket No. 040-R2-1099 (Comm’r Educ. 1999).  By not objecting to the directive by filing a grievance, Petitioner has failed to exhaust administrative remedies as to this claim.

The message is pretty clear. You don’t think the directive is proper?  File a grievance, or forever hold your peace.

The case is Teacher v. Louise ISD, decided by the Commissioner on June 19, 2017. It’s Docket No. 022-R1-05-2017.


Tomorrow: Toolbox Tuesday!!