Is it legal for teachers to keep students after school ends?

Full question:

Our principal is trying to make teachers keep students in the classroom after school ends for a total of more than 6 hours a day direct instruction with students. Last period lasts from 2:35-4:15, students still attached to teacher when school should be declared over. Working hours have recently been changed in an attempt to force teachers to hold students until their buses arrive. School is dismissed at 3:30 for students. Is this legal? I thought afternoon bus duty was the duty of the administrative staff.

  • Category: Employment
  • Subcategory: Hours
  • Date:
  • State: Texas

Answer:

The legality of this situation depends on your employment contract or any collective bargaining agreement you may have through a union. If there is no such agreement, an employer can generally change work schedules as long as it's not discriminatory based on sex, religion, age, disability, nationality, or race. The Fair Labor Standards Act (FLSA) does not regulate employee scheduling, except for certain child labor provisions. Therefore, an employer can alter work hours without prior notice or employee consent unless there is an existing agreement. I recommend contacting your local teacher's union representative for further assistance.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Generally, teachers cannot force students to stay in the classroom beyond the scheduled school hours unless there are specific circumstances, such as disciplinary actions or safety concerns. However, if a teacher is instructed by the school administration to keep students until their transportation arrives, this may be legally permissible depending on school policies. It's important to check the school's regulations and any applicable state laws.