LITTLE ROCK, Ark. (KTHV) -- Two teachers argue they should be paid extra for working during recess at school.
It was a lawsuit filed against the Pulaski County Special School District. The plaintiffs won the lawsuit in Judge Tim Fox’s courtroom on Thursday, April 14.
By law, Kindergarten-5th grade teachers are required to work an hour of non-instructional duty, like working the bus stop drop-off and pick-up. However, when recess monitoring exceeds that hour, they want more money.
“With my students we go outside, we do activities, we play games, math games, race games…,” said Denita White, a 3rd grade PCSSD teacher who is not one of the two teachers that filed the lawsuit.
White monitors recess multiple times a week.
“Another teacher steps away because another student got hurt or something, then I have to fill in,” said White.
This is the situation which makes the difference for White, between instructing during recess and recess duty.
“If I’m watching my students and we're interacting together, that's part of my instructional time. But if I’m monitoring not just 3rd grade or 4th grade or anybody else that's out there, that's not in my class, that's more of a duty,” said White.
The lawsuit asks for more pay when teachers exceed their required one-hour of duty during monitoring physical activity.
“It has been an issue we've been aware of for a couple years,” said Dr. Jerry Guess, superintendent for the Pulaski County Special School District.
Dr. Guess does not agree saying that recess is instructional time.
An Arkansas Department of Education regulation states 90 minutes of physical activity are required for the instructional day.
“ADE does not require lesson plans for this time. The intention is to keep them active,” said Guess.
Dr. Guess fears if this lawsuit stands, teacher back-pay could hit the district hard.
“It could cost PCSSD $2 million, somewhere in that range,” said Dr. Guess.
Although teachers are on salary, their argument is valid by required duty time.
“Because there is a statue that limits them to one hour of duty,” said Dr. Guess.
Dr. Guess says an appeal is more than likely.
The plaintiffs’ representatives gave THV11 a statement on their reaction to the win.
They say they are “delighted,” and that the decision is only for the teachers involved in this case.
All future cases would depend on its own set of facts.
*This story has been modified to clarify that the teacher who was interviewed had no involvement in the lawsuit.