Department of Justice investigation involves Wichita Public Schools
10 May 2023
WICHITA, Kan. (KSNW) — Contract negotiations are on hold between the United Teachers of Wichita (UTW) and Wichita Public Schools USD 259.
Last week, KSN first reported about a Department of Justice (DOJ) investigation involving the district. It created tension at times during negotiations.
During Wednesday morning’s negotiations, the meeting began where things left off last week, discussing the “Pupil Control” half-day policy under the teacher’s current contract.
At issue is whether teachers can continue to have a say when a disruptive student is brought back to class or if it should change and be left up to the principal.
The teacher’s union asked the district if a recent DOJ settlement with the Anchorage School District in Anchorage, Alaska, can provide guidance. The settlement there was regarding discriminatory use of seclusion and restraint against students with disabilities.
USD 259’s Chief Legal Counsel responded that he was there to discuss proposals surrounding the contract.
“And you’re not willing to agree to modify that language to say that I’m summarizing to say that that right will not be exercised in a way that violates law. Because that was my last ask is for UTW to agree that the teacher’s exercise this right will be exercised in a way that won’t violate law and UTW is not willing to agree to that?,” said USD 259 Chief Legal Counsel, Daniel Lawrence.
Greg Jones with UTW responded, “We believe it is already in the contract. As I said that you said your language is better than what was in the contract. If something violates the law, it doesn’t happen. We agree to that, and it’s already in the contract.”
The group also discussed ensuring a federal regulation called “FAPE” Free Appropriate Public Education is followed.
“The administration needs to have the ability to avoid depriving a student of FAPE, avoid injustice, avoid inequity, and the administration needs to have that prerogative that needs to be the administration’s decision. It cannot be subject to approval by the classroom teacher,” said Lawrence.
Both sides took several pauses from negotiations to hold caucuses, where each side meets privately before coming back to group negotiations. By late morning, the district asked to declare an impasse, meaning a mediator could be called in to help with negotiations.
UTW President Katie Warren said they were surprised the district wanted to declare an impasse but agreed to the declaration.
Warren said the new contract should start on Aug. 1, but if it isn’t approved by then, teachers would abide by the current contract until a decision is made.
“Our teachers right now some of them are deciding if they want to stay in Wichita Public Schools or if they want to look elsewhere for positions, so waiting for all of this to happen, we are hopeful that our best teachers decide to stay in Wichita and not jump ship,” said Warren.
KSN reached out to USD 259 for comment, Wichita Public Schools News and Media Relations Manager Susan Arensman responded with this statement:
“Both parties will notify the Office of Labor Relations with the Kansas Department of Labor. KDOL will determine whether the parties should attempt to negotiate further or, alternatively, order the parties to enter mediation.”
The DOJ did not answer KSN questions regarding the DOJ investigation involving USD 259, only referring us to their website that lists Educational Opportunity Cases regarding Disability (including special education), National Origin (including English Language Learners), Race, Religion, and Sex.