Critical Issues in HR August 28, 2015 Presented by Melissa Aguero Ramirez HR Director Region One ESC Welcome, Introductions & Announcements • Donna ISD – Javier Villanueva • Moved! Harlingen CISD – Debbie Scoggins Retirements? Educator Preparation Programs • Project Pace ETS News • Fee Increase effective 9/1/15 • Test fee = $131 (was $120) • Test cancellation fee = $65 (was $60) • Core Subject retest fee = $65 (was $60) ETS News • Core Subjects EC-6 (291) and 4-8 (211) tests • Offered on a continuous basis • Take the overall 291 or 211 test on first attempt but in future attempts will be allowed to retake only the individual subject test(s) that they do not pass • Still have the option of retaking the overall test (211 or 291) again • 45 days to retest. • Decrease of the minimum passing standards (core and retakes) • Effective on September 1, 2015 for 1 year • Test takers who did not pass one or more individual subject tests (801-809) will need to re-take and pass the individual subject test(s) at the new passing standard(s) NCLB Timeline 2015-2016 • Snapshot Date - September 16, 2015 • Campus Reporting of Highly Qualified Teacher Compliance Report (2015-2016 Highly Qualified Teacher Data) - Due Date November 18, 2015 • LEA Public Reporting of Progress in Meeting Highly Qualified Teacher Requirements (2015-2016 Highly Qualified Teacher Data) - Due Date December 16, 2015 • Principal’s Attestation of Highly Qualified Teacher Requirements (2015-2016 Highly Qualified Teacher Data) - Due Date December 16, 2015 NCLB Reminders (courtesy Tim Regal TASPA 2014) • - Elementary defined as PK-5 regardless of the configuration of the campus (can still use a 4-8 Generalist and/or EC-6 Generalist exam to get them to be HQ for 6th grade now includes single subject exams ie., 4-8 Math, etc.) • - if deemed a 6th grade teacher as HQ via HOUSE elementary can still be considered HQ (don't have to redo but CAN) • - Special Ed exam EC-12 NOW makes you HQ in ELA/Rdng and Math in 6th, 7th, and 8th TOO • - Life skills assignment: who is teaching core content? • Example: 10th grade class but all students on STAAR ALT and kids are on 5th grade level then teacher must be HQ at elementary level NCLB Reminders (courtesy Tim Regal TASPA 2014) • Can NOT have a TA that isn't HQ! hire them as substitutes in interim to make them HQ • If can't see all campuses within a district, contact TEA • Data collection for ACP probationary HQ; will need to tell them how many Ts are probationary and whether HQ or not • HQ forms have been modified • Report instructions have been revised last year • If CTE teacher only has Assoc then NOT HQ no matter what • HB5 allowing more CTE classes to be counted for HQ; need to know NOW!!! NCLB Technical Assistance Workshops • Technical assistance workshop – Oct 13th from 1-4 (after HR meeting) – Workshop # TDB • Technical assistance HQTCIP workshop - Dec 2nd from 9-12 Workshop # TDB T-TESS Updates T-PESS Updates Implications of new evaluation systems • Job description for administrator • Scheduling of training for non-pilot LEAs • Verify eligible to appraise • Evaluation timeline 2015-16 Teacher Shortage Areas/Loan Forgiveness Programs • The approved shortage areas for the 2015-2016 school year are: 1. 2. 3. 4. 5. 6. 7. Bilingual/English as a Second Language Career and Technical Education Computer Science English as a Second Language Mathematics Science Special Education – Elementary and Secondary Levels • Loan Forgiveness Programs http://tea.texas.gov/Texas_Educators/Educator_Initiatives_and_Performance/Federal_Teacher_Loan_Forgiveness_Program/ Class Size Exception • Submit a request for any classrooms in kindergarten - fourth grade that exceed the 22 students class size limit (Texas Education Code §25.112). • Board of trustees must approve this request within 30 days after the class size was exceeded. • Class size limits do not apply to physical education classes or fine arts classes • Expires at the end of the school year if granted • Class size limitations generally apply throughout the school year, with the exceptions noted below: • Any twelve-week period selected by the district with a significant percentage of migratory children (25.112(1)), or • The last twelve weeks of any school year for all other districts • Considerations: unanticipated enrollment growth, lack of facilities, lack of teachers, or financial hardships. • May be subject to actions under TEC §39.102, Interventions and Sanctions for Districts (TEC §25.112(f)) if repeatedly request Notifying Parents of an Exception • An LEA granted a class size exception shall provide written notice of the exception to the parent (or person standing in parental relation to) of each student affected by the exception. The notice must be in bold or underlined print and must: • specify the particular class for which a class size exception was granted, • state the number of students in the class for which the exception was granted, and • be delivered through regular mail or other means of communication from the campus or district, such as information sent home with students. • The notice described above must be provided no later than the 31st day after the first day of the school year, or the date the exception is granted, if the exception is granted after the beginning of the school year. The district must maintain documentation of the notices provided to parents, subject to a request for review by the TEA (TEC §25.113). CTE - Online Work-Based Learning Course Now Available • Can be accessed free of charge at: http://www.TEAWBLTraining.org • Takes approximately 10 hours to complete • Divided into 12 sections covering laws, rules, and procedures related to work-based learning and safety • For additional information or assistance email CTE@tamucc.edu 2015 – 16 Minimum Salary Schedule • For classroom teachers, full-time librarians, full-time counselors, and full-time registered nurses. • In no instance may a school district pay less than the state base salary listed for that individual's years of experience as determined by Section 153.1021 of the Texas Administrative Code, Commissioner’s Rules on Creditable Years of Service. Section 21.401 of the TEC specifies that an educator employed under a 10-month contract must provide a minimum of 187 days of service, unless the furlough program, as stated under Section 21.4021, is implemented. • http://tea.texas.gov/Texas_Educators/Salary_and_Service_Record/Minimum_Salary_Schedule/20 15-2016__Minimum_Salary_Schedule/ Child Nutrition Program Updates Presented by Carmen Ocanas Lerma, Region One ESC CNP Director Legislative Update • Please refer to Schwartz & Eichelbaum resource FBI National rapback feature • all FACT Clearinghouse users required to train and biennially thereafter. • Besides DPS training offered on secure website, also go through the online training and testing at www.cjisonline.com • LEA Administrator has been added by DPS to FBI but Administrator needs to add rest of employees utilizing FACT Clearinghouse • complete this process within 90 days • All employees to finish the training/testing within 30 days of being entered into the system • Tests administered and certificates issued • Notification when 2 year certification is expiring • Individual notification will be provided as well as to Administrator • Participation is optional • $13 fee per employee for a lifetime subscription • Once unsubscribed it would be another fee if the individual comes back to that district. Affordable Care Act District Benefits • Increased quality of substitute teachers (all substitutes are trained via Region One ESC’s Substitute Teacher Certification Academy which uses research based training materials from Utah State University) • Increased quantity of substitute teachers (substitute pool basically doubles since substitutes from other pilot district will also be available to help substitute) NOTE: Current DISTRICT substitute teachers can be given preference for job assignments if district so desires • Maximize use of federal/state funds thereby freeing up local funds for other uses NOTE: Santa Rosa ISD spent $166,844 local monies on substitute teacher salaries last year. • Decrease hiring and administrative costs (recruiting, screening, criminal history background checks, training, etc. are incurred by the ESC) • Eliminate payroll costs such as unemployment insurance and workman’s comp • Manage teacher absences with “real time” reports available to administrators to note who is absent and if a substitute has been found • Decreased FLSA liability due to absences / substitute calling are automated and secretaries will no longer work on weekends/evenings trying to find substitute teachers TRS - Surcharges • TRS Update – August 2015 http://www.trs.texas.gov/reporting/documents/update.pdf • Who is impacted? • TRS retiree who retired after Sept. 1, 2005 • more than one-half time in the calendar month (see columns 3 and 5 below) • What happens? • Employer is required to pay surcharges to TRS • How much is surcharge? For 2015-16 school year • the pension surcharge is 14.0 percent of the compensation paid to that retiree in a given month • the TRS-Care surcharge is a monthly amount due based on the retiree’s TRS-Care coverage (if any). Please use the “view employee information” link in TRAQS to determine the amount of TRS-Care surcharge for a particular retiree. • Please refer any TRS retiree with questions about the amount of time the retiree is allowed to work or be on paid leave without affecting his or her annuity to a TRS benefit counselor • District Options • TASB model – Retire / Rehire Addendum TRS Surcharge chart PEIMS 2015-2016 SUBMISSION DATES Collection 1 2 3 4 FALL MID YEAR SUMMER EXTENDED YEAR AS OF DATE 9/1/2014 Thru School Year School Year 10/30/2015 8/31/2015 2015-2016 2015-2016 DATA DUE VIA EDIT+ DATA MAY CONTAIN ERRORS 11/02/2015 1/04/2016 5/16/2016 8/01/2016 DATA MUST BE ERROR FREE It is important that districts follow the ESC established delivery schedules so that their data meets the TEA submission deadlines. 12/03/2015 1/21/2016 6/16/2016 8/25/2016 1/14/2016 2/04/2016 7/14/2016* 9/15/2016 REPORTING DATES RESUBMISSION DATES As information is received at TEA, it will be edited immediately. Districts will have a chance to review and validate the data at this time and will have ONE and ONLY ONE opportunity to resubmit the data. Service Records presented by Joseph Mezher • State days should be made available at beginning of year; can pro-rate if they leave early • Modify service record if they are docked – it should only reflect ACTUAL days worked (not including paid leave) • 187 contract and was absent 10 days (5 state and docked for 5) • # days worked? • If employee is out on military leave, write every year on the service record. They don’t know get state days but they do get 15 days of military leave annually • Instructional aides certified as such prior to 04-05 and who are now Teacher certified get credit for up to 2 years for salary purposes. Proposed FLSA Changes (Exempt vs Non-Exempt) courtesy Schwarz & Eichelbaum • Comment period until 9/4/15; effective in 2016 • Minimum salary for exemptions to apply • • • • • Currently $55 per week ($23,660 annually) Proposed $970 per week ($50,440 annually) Will increase annually HCE increase from $100,000 to $122,148 Remember who this does NOT apply to (Teachers, etc.) • Considering changes to the “primary duty” test to required salaried employees to spend a specific % of time performing certain duties • Implications? FMLA updates • Spouse definition (Same sex ) • Updated FMLA forms (TASB has updated already) • Use them and send them on time • Make sure get signature of receipt! • Deadlines not “hard and fast” • Example: 15 days to return medical certification - has employee showed that they have been trying to communicate with dr. and kept employer informed of problem? FMLA lessons • FMLA interference • • • • Fielding occasional calls is professional courtesy Requiring employee to actually work while out on leave Do NOT grade from home Do NOT require to do lesson plans before leaving • If there are performance concerns do NOT mention absences • If there were performance concerns prior to leaving on FMLA it’s ok to continue addressing concerns when they return FMLA lessons • Show that you have worked with employee • Example: insufficient information on medical certification form let them clarify! • Cant overrule dr if they say she can return with no restrictions (give them a chance and if they can’t then send back • Ensure job descriptions specific! (Ex: secretary who lost 3 fingers; typing too slow) ADA lessons • Don’t tell employee – you can’t be here cuz you’re a liability • Ensure position is identified and job description exists to determine if they can perform the essential functions of her job • Engage in an “interactive process” where looking for feasibly daily options • Document the process! • Ensure job description is accurate and being enforced equally (no exceptions) • EX: job description said “may occasionally drive bus” but employee had hearing/vision problems so no CDL/driving. New boss says everyone must have this but for 12 years emp hasn’t done this duty. ADA lessons • Allow an employee to finish an improvement plan (timeline identified) before terminating…not necessarily ADA but HR best practice • If dr provides options for accommodating…seriously consider them! • Allow an employee to finish an improvement plan (timeline identified) before terminating…not necessarily ADA but HR best practice Upcoming Events & Announcements • TxBESS Mentor Teacher Training • 10/28-workshop # TBD • 2/3-workshop #TBD • ONE*APP workshop • Texas Education Human Resources Day • October 14, 2015 TASB Surveys • Superintendent Survey Email Invitation: July 21 Due Date: August 28 • District Personnel Survey Email Invitation: September 1 Due Date: October 9 • Extra-Duty Stipend Survey Email Invitation: October 27 Due Date: November 20 Educator Job Fairs – Fall 2015 • November 3, 2015 – Texas State University - San Marcos • November 3, 2015 – University of Texas at Austin • November 3, 2015 - Texas A&M University - Kingsville • November 4, 2015 - Texas A&M University - Corpus Christi • November 5, 2015 - Texas A&M International University - Laredo • November 12, 2015 - University of Texas Rio Grande Valley – Brownsville • November 13, 2015 - University of Texas Rio Grande Valley - Edinburg • November 28, 2015 – University of Texas - San Antonio • New representation • Fall Support Staff Conference – October 4-5, 2015- Registration Now Open! • TASB/TASPA HR Administrators’ Academy – November 9-10, 2015- Registration Now Open! • TASPA/Legal Digest Personnel Law Conference for School Administrators – December 9, 2015 • TASPA/TAEE Winter Conference Presented by Aesop/Frontline Placement Technologies – December 9-11, 2015 Critical Issues in HR meeting dates • All will be held in the Starr Room from 9-12 • • • • • October 13 –workshop #TBD December 17 –workshop #TBD February 25 – workshop #TBD April 29 –workshop #TBD August 26 – workshop #TBD 8-5 first day and 8-12 second day • 9/15 and 9/18 #50880 • 9/17 and 9/18 #50881 • At least one monthly For more information: http://www.esc1.net/site/default.aspx?PageType=3&DomainID=1&Modu leInstanceID=549&ViewID=047E6BE3-6D87-4130-8424D8E4E9ED6C2A&RenderLoc=0&FlexDataID=2251&PageID=1 “I love the flexibility – get to pick my own days” • SubHub districts • • • • • • • • • • • Lyford CISD San Benito CISD Jubilee Academic Center La Feria ISD Santa Rosa ISD La Villa ISD http://www.esc1.net/Page/2136 Edcouch Elsa ISD Monte Alto ISD South Texas ISD Enhancements: Hidalgo ISD 1. Substitute Teacher Procedures Handbook 2. Employee ID Badges La Joya ISD 3. Parking permits 4. 2 days/week; 1 Friday or Monday 5. Annual Meeting “I don’t have to wake up at 3:30 a.m. anymore!” “I am changing the schedule for our campus secretaries now…” “I like the partnership between my sub and me” Questions, Concerns, & Solutions • Region One ESC Personnel Support Services survey • Region One Salary survey • Certification Training • October 15, 2015 - workshop # TBD • HR 101 • January 29, 2016 – workshop # TBD Questions, Concerns, & Solutions • TASB workshop topics • • • • • • • • Hiring Effective Teachers Determining Employment Status and Benefits Dollars and Sense – Good Pay Practices Supervisor’s Guide to Managing Employees Managing State and Federal Leave Understanding Wage and Hour Managing Personnel Records Writing Effective Job Descriptions • Service Records and Creditable Years of Experience • June 11, 2016 – Workshop #TBD