Dougco teachers join class action lawsuit

The latest squabble to erupt in Douglas County schools is over teacher sick days and whether teachers who have been laid off due to budget cuts are getting a shot at other district teaching jobs.

Brenda Smith, a former classroom teacher who now leads the Douglas County Federation of Teachers, at a negotiation session in June. <em>EdNews</em> file photo

The Douglas County Federation of Teachers (DCFT) and the district’s classified employees filed a lawsuit Feb. 15 in Douglas County District Court claiming that the school district illegally refused to consider teachers for job openings after their positions had been eliminated. A second complaint over the district’s decision in July to scrap a bank of 10,000 teacher sick days was lumped with it, resulting in one lawsuit.

Dougco school board President John Carson called the lawsuit “frivolous.”

“This is a union that has tried to flood the community with misinformation and political spin in an effort to tear down the excellent reputation of our schools and our teachers,” Carson said in a statement. “We’ll deal with this frivolous lawsuit directly. But we will not allow it to distract us from what public schools are actually about-educating kids for the 21st century.”

Carson accused the union of “trying to gain rights under a collective bargaining agreement that expired last summer due to its unwillingness to work collaboratively with the school district.”

DCFT President Brenda Smith disputed the district’s comment about teachers not wanting to work collaboratively during contract talks.

“That is absolutely false,” Smith said. “The union – time and time again – tried to come to a resolution on the contract.”

Smith accused the district of violating Senate Bill 10-191, the state teacher effectiveness law, by not putting teachers who have been laid off due to downsizing in a priority hiring pool. Tenured teachers in that situation go through two hiring cycles before they are let go if they are not offered another district teaching job.

During last year’s hiring cycle, 10 veteran teachers who were laid off never even got interviews or return phone calls, Smith said. The district is in the second hiring cycle now. Six teachers attached their names to the class action lawsuit, she said.

“They basically broke state law,” Smith said. “Under state law, you have to have a priority hiring pool when you downsize….That means teachers displaced inside the system have priority for interviews when jobs come open.”

However, the system also requires “mutual consent,” meaning both the teacher and the school principal must agree on the placement.

“These are teachers who were downsized who didn’t have any sort of evaluative issues,” Smith said, noting that the 10 non-probationary teachers are now substitute teaching regularly. “If they don’t get a job, then they’re out of a position starting July 1.”

But the district contends it is following policy.

“We followed the letter of the law and the process previously agreed to by DCFT,” district spokeswoman Cinamon Watson said. “All displaced teachers were eligible to apply for any district opening and they were all interviewed or screened for the position by the hiring manager. Those displaced teachers that were not hired for an open position were reassigned as substitutes at no cut to their salary or benefits.”

Smith said the sick day issue is especially disturbing. Previously, teachers donated one sick day per year to a sick day bank. Those days could be shared with members facing severe illness. The bank was worth more than $850,000 when the district switched to a short-term disability system arguing it was a more financially prudent approach. The suit calls for the district to reimburse teachers for those sick days.

“We’d had that for as long as we had a contract, for 40-plus years,” Smith said. “(Short-term disability) does not cover the salary of a teacher while they’re off. These do belong to teachers. (The district) did take them away without any sort of conversations.”

call out

Our readers had a lot to say in 2017. Make your voice heard in 2018.

PHOTO: Chris Hill/Whitney Achievement School
Teacher Carl Schneider walks children home in 2015 as part of the after-school walking program at Whitney Achievement Elementary School in Memphis. This photograph went viral and inspired a First Person reflection from Schneider in 2017.

Last year, some of our most popular pieces came from readers who told their stories in a series that we call First Person.

For instance, Carl Schneider wrote about the 2015 viral photograph that showed him walking his students home from school in a low-income neighborhood of Memphis. His perspective on what got lost in the shuffle continues to draw thousands of readers.

First Person is also a platform to influence policy. Recent high school graduate Anisah Karim described the pressure she felt to apply to 100 colleges in the quest for millions of dollars in scholarships. Because of her piece, the school board in Memphis is reviewing the so-called “million-dollar scholar” culture at some high schools.

Do you have a story to tell or a point to make? In 2018, we want to give an even greater voice to students, parents, teachers, administrators, advocates and others who are trying to improve public education in Tennessee. We’re looking for essays of 500 to 750 words grounded in personal experience.

Whether your piece is finished or you just have an idea to discuss, drop a line to Community Editor Caroline Bauman at

But first, check out these top First Person pieces from Tennesseans in 2017:

My high school told me to apply to 100 colleges — and I almost lost myself in the process

“A counselor never tried to determine what the absolute best school for me would be. I wasted a lot of time, money and resources trying to figure that out. And I almost lost myself in the process.” —Anisah Karim     

Why I’m not anxious about where my kids go to school — but do worry about the segregation that surrounds us

“In fact, it will be a good thing for my boys to learn alongside children who are different from them in many ways — that is one advantage they will have that I did not, attending parochial schools in a lily-white suburb.” —Mary Jo Cramb

I covered Tennessee’s ed beat for Chalkbeat. Here’s what I learned.

“Apathy is often cited as a major problem facing education. That’s not the case in Tennessee.” —Grace Tatter

I went viral for walking my students home from school in Memphis. Here’s what got lost in the shuffle.

“When #blacklivesmatter is a controversial statement; when our black male students have a one in three chance of facing jail time; when kids in Memphis raised in the bottom fifth of the socioeconomic bracket have a 2.6 percent chance of climbing to the top fifth — our walking students home does not fix that, either.” —Carl Schneider

I think traditional public schools are the backbone of democracy. My child attends a charter school. Let’s talk.

“It was a complicated choice to make. The dialogue around school choice in Nashville, though, doesn’t often include much nuance — or many voices of parents like me.” —Aidan Hoyal

I grew up near Charlottesville and got a misleading education about Civil War history. Students deserve better.

“In my classroom discussions, the impetus for the Civil War was resigned to a debate over the balance of power between federal and state governments. Slavery was taught as a footnote to the cause of the war.” —Laura Faith Kebede

Weekend Reads

Need classroom decor inspiration? These educators have got you covered.

This school year, students will spend about 1,000 hours in school —making their classrooms a huge part of their learning experience.

We’re recognizing educators who’ve poured on the pizazz to make students feel welcome. From a 9th-grade “forensics lab” decked out in caution tape to a classroom stage complete with lights to get first graders pumped about public speaking, these crafty teachers have gone above and beyond to create great spaces.

Got a classroom of your own to show off? Know someone that should be on this list? Let us know!

Jaclyn Flores, First Grade Dual Language, Rochester, New York
“Having a classroom that is bright, cheerful, organized and inviting allows my students to feel pride in their classroom as well as feel welcome. My students look forward to standing on the stage to share or sitting on special chairs to dive into their learning. This space is a safe place for my students and we take pride in what it has become.”

Jasmine, Pre-K, Las Vegas, Nevada
“My classroom environment helps my students because providing calming colors and a home-like space makes them feel more comfortable in the classroom and ready to learn as first-time students!”


Oneika Osborne, 10th Grade Reading, Miami Southridge Senior High School, Miami, Florida
“My classroom environment invites all of my students to constantly be in a state of celebration and self-empowerment at all points of the learning process. With inspirational quotes, culturally relevant images, and an explosion of color, my classroom sets the tone for the day every single day as soon as we walk in. It is one of optimism, power, and of course glitter.”

Kristen Poindexter, Kindergarten, Spring Mill Elementary School, Indianapolis, Indiana
“I try very hard to make my classroom a place where memorable experiences happen. I use songs, finger plays, movement, and interactive activities to help cement concepts in their minds. It makes my teacher heart so happy when past students walk by my classroom and start their sentence with, “Remember when we…?”. We recently transformed our classroom into a Mad Science Lab where we investigated more about our 5 Senses.”


Brittany, 9th Grade Biology, Dallas, Texas
“I love my classroom environment because I teach Biology, it’s easy to relate every topic back to Forensics and real-life investigations! Mystery always gets the students going!”


Ms. Heaton, First Grade, Westampton, New Jersey
“As an educator, it is my goal to create a classroom environment that is positive and welcoming for students. I wanted to create a learning environment where students feel comfortable and in return stimulates student learning. A classroom is a second home for students so I wanted to ensure that the space was bright, friendly, and organized for the students to be able to use each and every day.”

D’Essence Grant, 8th Grade ELA, KIPP Houston, Houston, Texas
“Intentionally decorating my classroom was my first act of showing my students I care about them. I pride myself on building relationships with my students and them knowing I care about them inside and outside of the classroom. Taking the time to make the classroom meaningful and creative as well building a safe place for our community helps establish an effective classroom setting.”


Jayme Wiertzema, Elementary Art, Worthington, Minnesota
“I’m looking forward to having a CLASSROOM this year. The past two years I have taught from a cart and this year my amazing school district allowed me to have a classroom in our school that is busting at the seams! I’m so excited to use my classroom environment to inspire creativity in my students, get to know them and learn from their amazing imaginations in art class!”


Melissa Vecchio, 4th Grade, Queens, New York
“Since so much of a student’s time is spent inside their classroom, the environment should be neat, organized, easy to move around in but most of all positive. I love to use a theme to reinforce great behavior. I always give the students a choice in helping to design bulletin boards and desk arrangements. When they are involved they take pride in the classroom, and enjoy being there.”