MEMORANDUM

Memo To:   All Buffalo Teachers

From:         Rich Nigro, President, BTF

Date:          May 16, 2024

Subject:     Union Position on Breaking Up Fights

After hearing BOE President Belton-Cottman’s comments at last night’s Board meeting regarding the Federation’s position on physical intervention during altercations between students, I am compelled to reiterate our position. I, Buffalo Teachers Federation President Rich Nigro, advise members NOT to physically intervene during altercations between students.

Teachers DO have an obligation to protect the safety of the students in their building. That is part of your job as an educator. It’s why you pull students aside to talk with them when you see a change in their behavior. It’s why you change the seating arrangement in your class when you notice unresolved personality conflicts. It’s why you conduct restorative circles. And it’s why you reach out to Student Support Staff and parents to ensure a safe and healthful environment for your students.

Teachers MUST intervene in some way when physical altercations occur. Interventions take many forms. Teachers have shouted verbal commands for students who are fighting to stop. Teachers have put themselves in harm’s way managing crowd control to prevent other students (who may be attempting to get a better view, cheer on the fight, or record a video to upload to such sites as Buffalo_Fights on Instagram). It may be appropriate to call the Main Office, School Security, or a neighboring teacher for help. There are many ways to intervene outside of physical intervention.

Teachers ARE mandated reporters and so must report such instances to building administration. You have a responsibility to inform the building principal (or his/her designee in his/her absence) of ANY physical altercation or assault. You should also record such occurrences as an Office Discipline Referral (ODR) in Infinite Campus (IC). Such data recorded in IC are reported to the State’s Information and Reporting Services and reflected on the School Safety and the Educational Climate (SECC). These data, if accurately reported, can be used to target supports where they are most needed. But only if such instances are accurately reported.

Teachers are NOT mandated to physically intervene when fights erupt between students. There are court decisions that support the reasons for such advice. If a teacher, while attempting to break up a fight, is injured, left incapacitated, or knocked unconscious, that leaves his/her other students vulnerable to imminent danger. A teacher may be hurt while attempting to separate fighting students resulting in long-term or permanent injuries. A teacher may suffer injuries requiring a paid leave of absence from work as the Workers’ Compensation process takes place. A student or parent may claim they were injured by the actions of a teacher who physically broke up a fight they were involved in. Thus, for the safety of our members whose interests we must protect, the Federation advises our members NOT to physically intervene when two or more students are fighting.

I have personally broken up fights as have many of you reading this letter. At times, I have been injured doing so, though I have been fortunate those injuries did not result in loss of work time. Ultimately, the decision is the teacher’s as to how he/she intercedes based upon the unique situation at hand. Know that your union is here to support you. The union’s primary job is to uphold the rights guaranteed to you in the contract and Taylor Law. BOE President Belton-Cottman has said, “Much has been given, and much will be expected in return.” I believe a more accurate statement is, "Much has been given, because you have earned it!"

In solidarity,

Rich Nigro,
BTF President

School Budgets

Below are links to specific information regarding reduction-in-force, seniority, and protection language from our CBA.

Guidelines Regarding Reduction-in-Force within a Building

There Are Two Different Types of Seniority

Contract Language from Article XIV G. of Our Collective Bargaining Agreement

Frequently Asked Questions from Temporary Teachers Who Received Notice that their Assignment is Ending at the End of the School Year

Can I file for unemployment with New York State Department of Labor?

Yes, here is a link to the New York State Department of Labor’s Unemployment Benefits Page:

https://dol.ny.gov/unemployment/file-your-first-claim-benefits

If I accept the opportunity to receive substitute teaching assignments from the District, will I still qualify for unemployment?

It is our understanding that you would still qualify for unemployment, however your unemployment benefit would be reduced on days that you were provided a substitute assignment. However, the New York State Department of Labor is the ultimate authority when it comes to unemployment benefit determinations, not the Buffalo Teachers Federation.

If I refuse the opportunity to receive substitute teaching assignments from the District, will I still qualify for unemployment?

It is our understanding that you would still qualify for unemployment if you refuse consideration for substitute teaching assignments. However, the New York State Department of Labor is the ultimate authority when it comes to unemployment benefit determinations, not the Buffalo Teachers Federation.

If I refuse the opportunity to receive substitute teaching assignments from the District, will I still be eligible for future temporary teaching positions or probationary appointments when they become available again?

Yes. Refusing the offer to serve as a substitute does not negate your previous satisfactory service as a temporary teacher with the District. Article XII, Section E of the BTF Master Contract reads as follows:

“In accordance with law and in the absence of candidates available from eligible lists, temporary teachers of experience and satisfactory service shall be given preference over other temporary teachers for employment in subsequent school years.”

I have accrued sick leave and/or personal leave to my credit. What will happen with those leave accruals?

If you have more than five (5) years of service with the District, you would be eligible for termination compensation under Article XXVI, Section F(2) which reads as follows:

“Teachers with five (5) or more consecutive years of service who leave employment with the Board through layoff (teachers not terminated for cause), resignation, or death shall receive, (or their estate shall receive) a payment equal to the product of ten (10) percent, the number of days of accumulated sick leave at the time of separation, 1/200th, and the teacher’s final annual salary. Said payments for (1) and (2) above shall be paid by July 30th of the fiscal year following separation from employment. However, when the teacher requests that payment be made by December 31 of the same calendar year as the separation from employment or by January 31 of the tax year following separation from employment, said request shall be honored.”

If you do not have at least five (5) years of service, you would not be eligible for termination compensation under the BTF Master Contract, however, those leave accruals would remain on file and to your credit with the District’s payroll department, and would be available should you return to a temporary or probationary teaching position with the District sometime in the future.

Will I still receive health insurance from the District for the months of July and August of 2024?

If you have 100 days of service for this school year, yes. Article XXVI, Section A(9) reads as follows:

“Temporary teachers who have been employed a minimum of 100 days between September 1 and June 30, and who are still on the payroll at the end of the school year, shall be provided with continued medical and hospitalization coverage throughout the summer recess. This provision shall not apply to any temporary teacher who meets the above stated conditions but who cannot return because of evaluation.”

We have already confirmed with the District’s Benefits Office that all temporary teachers who have at least 100 days of service between September 1 and June 30 will receive District-provided health insurance through August 31, 2024 regardless of whether they received notice that their assignment will be ending. However, those teachers will still be responsible for the employee portion of the health insurance contribution which will be $141.67 for a single plan and $316.67 for a family plan for this two (2) month period.

What happens to my Flexible Spending Account?

You have until 8/31 to use any funds available. You can pick up Cobra for your FSA, if you choose to do so.

What happens to my TSA?

      Your TSA will remain as it is.

What happens to my Life Insurance?

Life insurance is paid for by the district; the policy will be terminated.

Is there a possibility there will be temporary teacher openings during the 2024-25 school year?

There is no way for BTF to answer this question definitively. This will depend on how many leaves of absence there might be in a given tenure area, and whether there are probationary or tenured teachers who are on a *Preferred Eligibility List in that particular tenure area. Teachers on a Preferred Eligibility List must be called back before temporary teachers of previous satisfactory service and experience can be offered positions.

* A Preferred Eligibility List is a requirement under New York State Education Law and it contains the names of probationary/tenured teachers who were laid off from their tenure area. According to Education Law, future vacancies in that tenure area must be offered to the laid off probationary/tenured teachers who populate this list prior to any other applicants being considered.

Moving forward, what does the temporary teaching service that I have already rendered with the District count for?

Your temporary service would be credited for the purposes of step placement on the salary schedule, and for other contractual benefits should you return to the District in the future. Your temporary service also counts toward your pension credit with the New York State Teachers’ Retirement System. In some circumstances, your temporary service could count toward Commissioner’s Seniority if you were to receive a future probationary appointment in your tenure area with the District.

I participated in the BTF Extended (summer) Pay Plan this school year. What will happen to that money?

The money you had set aside in the BTF Extended Pay Plan will be paid out in the summer months in the exact way you originally designated. This is your money.

The letter I received states that my assignment will end on June 27, 2024. Does that mean my last day will be June 26th, or June 27th?

Your assignment will end on the close of business June 27, 2024.

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