Full time positions

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Illinois Teachers Chatboard

Full time positions

by Mary

Nov 10, 2010

I have a question regarding legality. My question is: Is it legal for a school district to have an uncertified and unendorsed, full-time substitute teacher teaching in a position in which a teacher with an endorsement should be teaching? The full-time substitutes are not substituting for an actual teacher, but they are instead working in a position that has never been filled by a certified teacher.

Also at the beginning of the year, there was an open position that was not filled by a certified teacher instead the district has a full time substitute teacher in this position which is not certified in the content area they are subbing. However, there are certified teachers that are substituting for the district that are endorsed for the content areas currently filled by the uncertified, full- time substitutes. Thanks for your time and consideration.

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sped On 11/10/10, Mary wrote:

> Also at the beginning of the year, there was an open > position that was not filled by a certified teacher instead > the district has a full time substitute teacher in this > position which is not certified in the content area they > are subbing. However, there are certified teachers that are >...See MoreOn 11/10/10, Mary wrote:

> Also at the beginning of the year, there was an open > position that was not filled by a certified teacher instead > the district has a full time substitute teacher in this > position which is not certified in the content area they > are subbing. However, there are certified teachers that are > substituting for the district that are endorsed for the > content areas currently filled by the uncertified, full- > time substitutes.

Well, did the certified teachers in question apply for specific position in question? Not simply have a generic application in with the district, but actually apply to that position?

If so, the teacher's union should have an issue with this. An FTE position is being filled by someone who is not a certified teacher and who cannot become a union member and pay dues. Unless the contract was written by a 5-year-old, there should be language in there to stop the district from using temp employees to fill an FTE position long-term. Why would the district have any full time teachers if they can simply use subs full time and pay them $90 a day with no benefits?

The down-side of this is, if you're not a union member, you can't do anything about it. However, if you know a member of the union, they could bring it up to their rep...

However, while this may violate state requirements, ISBE is very much a paper-tiger these days. Quite frankly, the big, bad, dreaded "State" that could come in and call district administrators on the carpet..., is paper-tiger these days. The state has not been paying districts the money they need to fulfill state mandates. Everyone knows this, so..., ISBE, which has taken some deep staff cuts of it's own, isn't out there cracking the whip. It's laughable to threaten to pull partial funding from a district (largely ISBE's "teeth" in these matters), when you aren't sending them ANY of the money you owe them, and it looks as if that will be status quo for the next couple years. Basically, you're pretty much SOL on the legality side, since the state agency that would enforce such certification law is broke, has very few employees to send out of check up on districts, and couldn't afford to do anything to the district anyways.

Nov 13, 2010

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