Changing Teacher Work Hours

A: Only if the terms of the contract permit the flexibility and only if the teacher’s planning and preparation time is not infringed upon. Two commissioner's decisions shed light on this question.

In one case involving Brownsville ISD (Docket No. 036-R10-0306), two campuses changed teacher daily work hours in response to security concerns. A high school required teachers to report to work five minutes earlier and stay 15 minutes later in exchange for a longer lunch hour. An elementary school required teachers to report for duty 30 minutes earlier once every six weeks. Teacher representatives contended that their contracts were violated by requiring additional work without additional compensation.

In this case, the commissioner said that the terms of the contract allowed the district to make changes in the work day. The relevant language from the TASB model employment contract used by the district states, “The District agrees to employ the employee…according to the hours and dates set by the District as they exist or may hereafter be amended.” 

In a separate but related case in San Antonio ISD (Docket No. 086-R10-704), a principal directed a teacher to come to his office during the teacher’s planning and preparation period, then reprimanded the teacher for insubordination when she refused to do so. In this case, the commissioner ruled in favor of the teacher stating that by law, a teacher cannot be required to participate in any other activity during planning and preparation time. The reprimand issued by the principal made it clear that the teacher’s participation was not voluntary.