Educators should not feel obligated to volunteer to substitute for absent teachers

This school year, the number of absent teachers due to COVID-19-related issues, such as illness and quarantine, has increased tremendously.

Despite the Hawaii State Department of Education’s repeated claims that there are plenty of substitute teachers in the pool (they say 3,200), we know otherwise. Many substitutes in that pool are not accepting jobs during COVID-19. Some of them tell us they’re getting a half dozen or more calls a day and turning them down.

A number of schools have reported large shortages of substitute teachers. Many substitutes are not making themselves available because they could be at high risk if infected with COVID-19 or they don’t feel crowded classrooms are safe. This situation is forcing administrators to scramble to find adults to provide coverage for absent teachers. At least one complex area superintendent and one assistant superintendent along with principals and vice principals have been filling in because of the substitute shortage, along with educational assistants and other staff who’ve been shifted from their regular duties.

Article VI, Section N of HSTA’s contract states: “Teachers shall not be required to substitute nor be responsible for classes or students from classes of other absent teachers.”

This means that you should not be substituting for another teacher who is absent. If your principal directs you to cover for an absent teacher, you have the right to grieve as that directive violates your contract.

Frequently asked questions

My administration is asking us to substitute for another teacher. How should I respond?

Article VI, Section N of HSTA’s contract states: “Teachers shall not be required to substitute nor be responsible for classes or students from classes of other absent teachers.”

How to respond:

1. Tell your administrator the following: “It is a violation of Article VI, Section N of the HSTA contract to require me me to substitute for another absent teacher. Are you directing me to cover for another absent teacher? If yes, please put the directive in writing.” If they refuse to put it in writing, email your administrator confirming your understanding that you have been given a directive to substitute with the details.
2. Comply with any directive, even if they refuse to put it in writing. Do not be insubordinate regarding this type of directive.
3. Immediately reach out to your school-level grievance representative to alert them. You can also contact your HSTA UniServ director. They can provide more information on your right to grieve the directive.

All teachers being given such direction should pursue a grievance on the matter.

Note: While it is a violation of the contract for a principal to direct a teacher to cover for another absent teacher, technically this doesn’t mean that principals can’t ask you (or find others to ask you) to substitute on a voluntary basis. This type of ask is not technically a violation of the contract because it is not being put forth as a requirement to substitute. However, teachers who agree to volunteer as a substitute not only mask the serious problems we have with a shortage of qualified substitutes, they help to support the interim superintendent’s false narrative that there isn’t a major staffing shortage.

My administration is citing the Jan. 6 memo from the interim superintendent, which says they have the right to use the school code to use their emergency power to reassign me to cover for another class. What should I do?

This move violates HSTA’s contract and inappropriately invokes a portion of the HIDOE’s school code, Regulation #5108 (I). The HSTA has already notified the HIDOE and initiated a class grievance on the matter. Please follow the guidance in the question above regarding such actions by your administration.

Am I responsible for securing a substitute teacher?

No. It is the administration’s responsibility, except in cases when one wishes to take half-day personal leaves.

I would prefer to review a list of substitutes and try to secure the agreement of a specific substitute. Does my school have to provide me with a list?

Yes. Article VI, N of the HSTA contract states: “A list of available substitutes shall be given to a teacher upon request.” In addition, “Teachers may submit the names of substitutes they wish to place on a priority list for the school to the principal.”

I am a school counselor, librarian, registrar or other type of special service personnel. Do I have the option of a substitute for my position?

Yes. You have the ability to request a qualified substitute, however the approval to have a substitute must be agreed to by the principal. Librarians with the agreement of the principal shall be granted substitutes on request. See Article VI, N for more details.

I need to take a half-day of personal leave. Am I obligated to secure a substitute?

Yes. Teachers may only use the half-day personal leave option (Article XII, D) if they are able to secure a substitute in advance. If you can’t secure a substitute for the half day, you will need to take a full day of personal leave. It is the responsibility of the administration to secure substitutes for full days of leave.

Do I have to prepare lesson plans when I am absent?

Yes. You must provide the plans for the first five (5) days of an absence. Article VI, B of the contract states:

“Teachers responsible for the instruction of students shall prepare legibly written or typewritten lesson plans, the form and content of which will remain discretionary with the teacher. Lesson plans will be made available to the principal upon request. There will be no requirement of a regular and periodic submission of lesson plans.”

“A teacher absent five (5) days or less shall make lesson plans available to the substitute(s). Such plans shall contain basic information with which the substitute(s) can conduct the class(es). After the fifth day, the teacher, following notification to the school administrator, may have the substitute(s) prepare subsequent lesson plans during the period of the absence.”