WSB/3/3
Sponsored by Ashton Biggs, Malhar Rathod, Adam Crouch of Chattanooga School for the Arts and Sciences
This legislation was filed in the Education category
Presented as part of the YIG Volunteer 2024 conference
| 1 | BE IT ENACTED BY THE TENNESSEE YMCA YOUTH IN GOVERNMENT |
| 2 | |
| 3 | Section I: Terms in this act, unless the context requires otherwise, shall be defined as follows: |
| 4 | a. Educator: An individual employed in the field of education, including teachers, administrators, |
| 5 | and support staff involved in the delivery of educational services. |
| 6 | b. Collective Bargaining: The process of negotiation between employers and employees, usually |
| 7 | facilitated by labor unions, to determine terms and conditions of employment, including wages, |
| 8 | benefits, and working conditions. |
| 9 | c. Lawful Labor Actions: Legitimate activities undertaken by employees to advance their interests |
| 10 | in the workplace, including collective bargaining, strikes, picketing, and other forms of protest or |
| 11 | advocacy protected by labor laws. |
| 12 | d. Strike: A temporary work stoppage initiated by employees as a protest against labor conditions |
| 13 | or as a bargaining tool in collective negotiations, involving the withholding of labor to achieve |
| 14 | desired objectives. |
| 15 | e. Mediation: A voluntary process of dispute resolution in which a neutral third party (mediator) |
| 16 | assists conflicting parties in reaching a mutually acceptable agreement through facilitated |
| 17 | negotiation. |
| 18 | f. Arbitration: A method of dispute resolution in which an impartial third party (the arbitrator) |
| 19 | hears arguments from conflicting parties and renders a binding decision to resolve the dispute, |
| 20 | typically based on the evidence presented and applicable laws or agreements. |
| 21 | g. Equitable Compensation: Fair and just remuneration for work performed, taking into account |
| 22 | factors such as qualifications, experience, responsibilities, and market conditions to ensure parity |
| 23 | and non-discrimination. |
| 24 | h. Resource Allocation: The process of distributing resources, such as funds, personnel, materials, |
| 25 | and facilities, to achieve organizational objectives, often based on needs assessment, |
| 26 | prioritization, and budgetary constraints. |
| 27 | i. Needs-Based Funding: A funding approach that allocates resources according to identified needs, |
| 28 | prioritizing disadvantaged or underserved populations to address disparities and promote equity in |
| 29 | resource distribution. |
| 30 | j. Equity Formula: A formula or methodology used to calculate resource allocation based on factors |
| 31 | such as student demographics, socioeconomic status, and educational needs, aimed at promoting |
| 32 | fairness and reducing disparities. |
| 33 | k. Transparency: Openness and accountability in decision-making processes, involving clear |
| 34 | communication, disclosure of information, and accessibility to stakeholders to promote trust and |
| 35 | public scrutiny. |
| 36 | l. Severability Clause: A provision in a legal document, such as a contract or legislation, that |
| 37 | stipulates if any part of the document is found invalid or unenforceable, the remaining parts |
| 38 | |
| 39 | Section II: This act will replace Tennessee Code Annotated 49-5-6, which limits educators' right to |
| 40 | strike, deeming it unlawful due to violations of constitutional freedoms and principles of democratic |
| 41 | governance. Educators' ability to strike is vital for addressing professional and education system |
| 42 | concerns, facilitating collective bargaining, and promoting fair conditions. |
| 43 | |
| 44 | Section III: This act will allow educators the right to engage in collective bargaining and lawful |
| 45 | labor actions, including the right to strike, as guaranteed by applicable labor laws and |
| 46 | constitutional provisions. |
| 47 | The following states the process that teachers must abide by when striking: |
| 48 | a. Educators may only strike after exhausting all other avenues of negotiation and mediation, and |
| 49 | only when efforts to address significant issues related to working conditions, compensation, or |
| 50 | student welfare have been unsuccessful. |
| 51 | b. Prior to engaging in a strike, educators must provide advance notice to relevant educational |
| 52 | authorities and stakeholders, including parents, students, and the community, to minimize |
| 53 | disruptions and facilitate contingency planning. Teachers will not be permitted to avoid their jobs |
| 54 | with no explanation. |
| 55 | c. The temporary measures would go into effect to minimize the effect that said strikes have on |
| 56 | children’s education. This can be done by having back-up teachers, such as substitutes, always |
| 57 | ready or implementing online school programs like Edgenuity for each school course. |
| 58 | |
| 59 | Section IV: Determination of the duration of strikes and contingency planning to minimize |
| 60 | disruption to education. The duration will be determined by the following: |
| 61 | a. The initial duration of a strike shall be determined by educators and their representatives, |
| 62 | taking into account the nature of the issues at hand, the progress made in negotiations, and the |
| 63 | potential impact on students, parents, and the community. |
| 64 | b. If deemed necessary, educators may extend the duration of the strike through a democratic |
| 65 | process involving all members participating in the strike, with clear procedures for decision-making |
| 66 | and communication established in advance. |
| 67 | c. Throughout the duration of the strike, educators and educational authorities shall periodically |
| 68 | evaluate the progress of negotiations and the impact of the strike on students and stakeholders, |
| 69 | with the goal of reaching a timely resolution. |
| 70 | d. The maximum duration of a strike shall be determined by Tennessee state labor laws, collective |
| 71 | bargaining agreements, and other legal considerations, with provisions for the orderly conclusion |
| 72 | of the strike if a resolution is not reached within the specified timeframe. |
| 73 | |
| 74 | Section V: Educational authorities and educators shall engage in collaborative negotiation in good |
| 75 | faith to address issues of mutual concern, including but not limited to working conditions, |
| 76 | compensation, professional development, and student welfare. In the event of an impasse during |
| 77 | negotiation, both parties shall seek mediation or arbitration through mutually agreed-upon |
| 78 | procedures to facilitate resolution and prevent the need for labor actions. Negotiation processes |
| 79 | shall be transparent and subject to public oversight to ensure accountability and fairness, with |
| 80 | regular updates provided to the public on the progress of negotiations and any agreements |
| 81 | reached. |
| 82 | |
| 83 | Section VI: During educator strikes, educational authorities shall prioritize the welfare and |
| 84 | educational needs of students to ensure their mental health and academic progress are |
| 85 | safeguarded. |
| 86 | a. Educational authorities shall implement measures to provide necessary support services to |
| 87 | students, including counseling, academic tutoring, and access to educational resources, to mitigate |
| 88 | the impact of the strike on their mental health and educational attainment. |
| 89 | b. Efforts shall be made to establish alternative learning opportunities for students affected by the |
| 90 | strike, such as online classes, independent study programs, or community-based educational |
| 91 | |
| 92 | c.Educational authorities shall maintain regular communication with parents and guardians |
| 93 | regarding the status of the strike and the measures being taken to support students, ensuring |
| 94 | transparency and collaboration in addressing their needs. |
| 95 | d. Schools shall remain open and provide a safe and supportive environment for students during |
| 96 | the strike, with appropriate supervision and resources available to address any concerns or |
| 97 | emergencies that may arise. |
| 98 | e. Educational authorities shall conduct ongoing evaluation and monitoring of the impact of the |
| 99 | strike on students' well-being and academic progress, making adjustments to support services and |
| 100 | educational activities as needed. |
| 101 | f. Collaboration with community organizations, mental health professionals, and other stakeholders |
| 102 | shall be encouraged to enhance support services and resources available to students during the |
| 103 | strike period. |
| 104 | g. All measures taken to support student welfare during educator strikes shall comply with |
| 105 | applicable legal requirements and guidelines, ensuring the protection of students' rights and |
| 106 | interests at all times. |
| 107 | |
| 108 | Section VII: Educational authorities shall not retaliate against educators for exercising their rights |
| 109 | to engage in lawful labor actions, including strikes, and shall refrain from imposing punitive |
| 110 | measures or disciplinary actions against striking educators. Educators engaging in lawful labor |
| 111 | actions shall be afforded legal protections, including safeguards against termination, loss of |
| 112 | benefits, or discrimination based on their participation in strikes. Educational authorities shall |
| 113 | allocate resources for the professional development of educators, including training on conflict |
| 114 | resolution, negotiation skills, and effective communication, to facilitate constructive engagement |
| 115 | and prevent labor disputes. |
| 116 | |
| 117 | Section VIII: All laws or parts of laws in conflict with this are hereby repealed. |
| 118 | |
| 119 | Section IX: This act shall take effect August 1, 2024, the public welfare requiring it. |
| 120 |