Unions Challenge Sheboygan Falls’ Termination of All Special Ed Aides

Unions are rising to the defense of the 22 Sheboygan Falls School District special education instructional aides who suddenly found themselves without jobs recently.

Without any notice, the Sheboygan Falls School District superintendent earlier this month informed all 22 of the district’s special education instructional aides that they were being “laid off” unless they could demonstrate they had two years of accredited college work.

The administrator cited the federal Elementary and Secondary Education Act as the reason for the “layoffs.”

The ESEA, dubbed the “No Child Left Behind” act by supporters, requires paraprofessionals who now work in schools that receive Title I federal aid for low income students to be “highly qualified” by 2006.

According to the Wisconsin Education Association Council, the Kettle Moraine UniServ Council, and the Sheboygan Falls Educational Support Staff Association, these “layoffs” are illegal terminations that are not required by the ESEA.

“The law applies only to aides in Title I schools or programs,” KMUC Director Clyde Clauson said. “Only one of the 22 is a Title I aide. And since the requirements do not go into effect for most aides until 2006, the terminations were arbitrary and capricious. These employees are in limbo, not knowing if they will have jobs when school starts in a few weeks. Teachers, students and parents depend upon these aides, who do not know if they will be able to support themselves and their families.”

Clauson said the action is especially egregious because on May 27, District Superintendent Lee Riter sent all 22 aides a letter stating that “inasmuch as we are not expecting any further personnel changes for the 2003-2004 school year, we will look forward to having you with us next year.”

The Sheboygan Falls Educational Support Staff Association has filed a grievance against the school district for unilaterally terminating the employees.

SFESSA President Tim Sass noted six of the employees have been re-hired.

“That’s a start, but we will not rest until all 22 have their jobs back,” Sass said.

WEAC is warning school districts throughout Wisconsin not to follow Sheboygan Falls’ example.

“We will vigorously pursue any district or administrator who tries to harm our members through this kind of gross misinterpretation of a law,” President Stan Johnson said.

Posted July 25, 2003