The Broward Teachers Union (BTU) and Broward Public Schools are locked in arbitration in the wake of the union suing the district over a call for all teachers to return to the classroom amid rising COVID-19 positivity rates.
BTU filed the suit Jan. 7 in the 17th Judicial Circuit in Broward County, arguing that the school district trampled on the rights of educators who had been teaching online since October. The district’s actions threaten the health and welfare of medically compromised educators and were carried out in violation of their due-process rights under the Florida constitution, the complaint states.
“Without any rational basis for doing so, the district is requiring approximately 1,600 of its educators who have until now been working remotely because they are at high risk of severe illness or even death from COVID-19 to return to the classroom … even if their school does not have the operational need for their return,” the lawsuit states.
The union characterizes the district’s action as a violation of a previous memorandum of understanding that requires the district to strive to give the highest number of educators possible options for remote teaching. The cancellation of teachers’ online assignments amounts to a broken promise to employees at highest risk of having complications if they contract COVID-19, according to the union.
Superintendent Robert Runcie, however, said in a video message that the district’s in-classroom safety measures put in place since October have proved effective and that a continuation of remote learning would likely harm the academic progress of Broward students. In addition, teachers have known that the COVID-19 accommodations were due to expire on Jan. 8, Runcie said.
The union’s request for an injunction against the district’s return-to-the-classroom order is expected to be considered quickly.
“We are in arbitration hearings with the district today (Friday) regarding the lawsuit,” Carol Herz, a spokeswoman for the union, told the Florida Record. “The arbitrator is supposed to make a decision within 24 hours of the end of the arbitration.”
Under the school district’s latest order, individual campuses can look at ways to offer some teachers remote opportunities, but such assignments will not be based on employee health.
“There will be no district oversight of the approval process,” the complaint states. “The mandate is unreasonable, inconsistent, arbitrary and capricious and should be declared unconstitutional.”
BTU represents about 18,000 teachers, social workers, psychologists, counselors and support personnel. Scores of teachers have already opted for retirement rather than risk returning to the classroom during the coronavirus pandemic, according to the union.