Hot For Teacher:
A TCTA Back-toSchool Special
Presented by:
The Texas Classroom Teachers Association
Lonnie Hollingsworth, Jr.
Director of Legal Services &
Governmental Relations
legal@tcta.org
Presented by:
The Texas Classroom Teachers Association
Paige Bruton Williams
Staff Attorney &
Governmental Relations
legal@tcta.org
Presented by:
The Texas Classroom Teachers Association
Lindsay Gustafson
Director Public Affairs & Staff
Attorney
legal@tcta.org
IMPORTANT NOTE:
This presentation provides up-to-date information on
education-related topics for Texas teaching
professionals. This presentation does NOT
substitute for the advice of an attorney. Members
who have specific questions or need further
information may contact the TCTA staff by calling
(888) 879-8282. General questions of a legal
nature may be sent online using our “Ask-a-Lawyer”
response center at tcta.org.
Question &
Answer
And now our…
Use of Social Media
Facebook, Myspace, and Twitter
All logos copywrited .
Basic Rules to Live By




NEVER “friend” a student.
Even if you have precisely customized your privacy
settings, assume that everything you post can and will
be public. Always assume that students, parents, and
the district will see what you post.
Do not use school district equipment or time to update,
check, or post on your social networking sites.
Your policy may already have a policy to address this,
but if not the Texas Association of School Boards has
recently developed a model policy regarding the use
of electronic communication.
Basic Rules to Live By


TCTA may or may not believe that the policy that your
school board adopts is legal, so if you have any
questions or concerns about your school district’s policy,
please call our legal department at 888-879-8282.
The State Board of Educator Certification (SBEC) has
also proposed revisions to the Educator’s Code of Ethics
regarding inappropriate communications with students.
 Proposed
factors in determining if there is excessive or
inappropriate communication:
 Nature,
purpose, timing, amount of communication
 Did you seek to conceal the communication or was it public?
 What was the subject matter of the communication?
FINALITY
GRADING AUTHORITY
Texas Education
Code Sec. 28.0216
DISTRICT GRADING POLICY.
A school district shall adopt a grading policy, including provisions for the
assignment of grades on class assignments and examinations, before
each school year.
A district grading policy:
(1) must require a classroom teacher to assign a grade that reflects the
student's relative mastery of an assignment;
(2) may not require a classroom teacher to assign minimum grade for an
assignment without regard to the student‘s quality of work; and
(3) may allow a student a reasonable opportunity to make up or redo a
class assignment or examination for which the student received a failing
grade.
TCTA TO
THE
RESCUE
Commissioner
Sends
To the
Administrator
Addressed
Letter
Districts
Sue
JUDGE RULES
AT THIS POINT….WIN FOR
TEACHERS!
HOWEVER…
Budget Shortfall
State Budget Shortfall




Currently predicted to be at least $18 Billion.
The good news is that public education is
traditionally “off limits” when it comes to cutting
spending.
The bad news is that there are few “sacred cows”
this upcoming session and while education funding
may be spared from severe cuts, it probably won’t
be increased by much, if at all
Rainy Day Fund estimated at between $8B - $9B
Areas at Risk of Being Cut

The District Award for Teacher Excellence (DATE)
 Approximately

Pre-K Early Start Grant
 Approximately

$400M
$210M for fiscal year 2010-2011
Textbooks
 Legislature
only funded 85% of the appropriations
request for textbooks during the last legislative session
Teacher Rights and Benefits
Teacher Rights and Benefits


Planning and Preparation/Duty-Free Lunch
Teachers are entitled to them with few exceptions,
even during events such as TAKS, team meetings,
and lunch-duty.
Paperwork Reduction Act
Protections provided in the Paperwork Reduction Act
may be helpful if you are facing excessive
paperwork requirements.
Teacher Rights and Benefits

Right to Join a Professional
Association (or not join—but
why???)
"TCTA is an organization that
recognizes the issues that affect its
members. That’s why they’re effective,
and that’s why they get things done,
and that’s why they’re the people we
talk to."
Robert Scott
Texas Education Commissioner
"TCTA has treated me with the utmost
professionalism, respect and
compassion. I've dealt with other
organizations prior to being a member
of TCTA and have never experienced
the unwavering support that has been
given to me by TCTA.“ Delaina De La
Paz, Harlingen CISD
Teacher Rights and Benefits


Personal Leave
Each school employee is entitled to five days of
personal leave per year with no limit on
accumulation. School districts may provide
additional personal leave beyond this minimum.
Talking to School Board Members*
School district employment policies may not restrict
the ability of a school district employee to
communicate directly with a member of the school
board on matters relating to the operation of the
school district.
* TCTA initiated legislation
Teacher Rights and Benefits

Grievances
You can file a grievance over any condition of work,
whether or not the condition of work violates a law,
administrative rule, or school board policy. Please
note that the timelines for filing a grievance are
very short, usually 15 calendar days or less. If you
do not timely file a grievance, you may waive the
opportunity to appeal this matter.
Race
to the
Top
Race To The Top



$4.35 Billion fund originally born out of the federal
stimulus funding package.
Seen as a template for the reauthorization of the
Elementary and Secondary Education Act (ESEA) –
aka NCLB.
TCTA did review the grant criteria and became
increasingly apprehensive about the requirements.
TCTA’s view of RTTT



TCTA was very alarmed due to the emphasis on
evaluating, paying, and terminating teachers based
on student test performance.
RTTT also encourages essentially unchecked charter
school growth to address struggling schools.
Common core standards – requirement for states to
participate in the development of common
curriculum and commit to adopting those curriculum
standards sight unseen. Only Texas and Alaska
chose not to participate in the development and
adoption of the national curriculum
HR 1586 (the “edujobs” provision)


Passed the US Senate on August 5, 2010
There is a question as to whether or not the Governor
can make the assurances required by the bill.
 The
bill includes an amendment that requires the Governor
to assure that Texas will maintain State support for
elementary and secondary education at an equal or
greater percentage as the amount of support provided in
fiscal year 2011.

TCTA is hopeful that it can be resolved and that Texas
can receive the $820 million for which it would be
eligible.
HR 1586 Continued


It is anticipated that the U.S. Congress will vote on
this bill later today.
Please check the TCTA website (www.tcta.org) for
updates.
Student
Removal
REMOVAL BY TEACHER
excerpts from the Texas Education Code
(a) A teacher may send a student to the principal's office to
maintain effective discipline in the classroom. The principal
shall respond by employing appropriate discipline
management techniques consistent with the student code of
conduct…
(b) A teacher may remove from class a student:
(1) who has been documented by the teacher to repeatedly
interfere with the teacher's ability to communicate effectively
with the students in the class or with the ability of the student's
classmates to learn; or
(2) whose behavior the teacher determines is so unruly,
disruptive, or abusive that it seriously interferes with the
teacher's ability to communicate effectively with the students in
the class or with the ability of the student's classmates to learn.
REMOVAL BY TEACHER
excerpts from the Texas Education Code
(c) If a teacher removes a student from class
under Subsection (b), the principal may place
the student into another appropriate
classroom, into in-school suspension, or into
a disciplinary alternative education
program... The principal may not return the
student to that teacher's class without the
teacher's consent unless the committee
established under Section 37.003 determines
that such placement is the best or only
alternative available.
REMOVAL BY TEACHER
excerpts from the Texas Education Code
(d) A teacher shall remove from class and send to the
principal for placement in a disciplinary alternative
education program or for expulsion, as appropriate, a
student who engages in conduct described under Section
37.006 or 37.007. The student may not be returned to
that teacher's class without the teacher's consent unless
the committee established under Section 37.003
determines that such placement is the best or only
alternative available. If the teacher removed the student
from class because the student has engaged in the elements
of any offense listed in Section 37.006(a)(2)(B) or Section
37.007(a)(2)(A) or (b)(2)(C) against the teacher, the
student may not be returned to the teacher's class
without the teacher's consent. The teacher may not be
coerced to consent.
Recent AG Salary
Opinion
Why a Request for an AG opinion?



Last session the legislature passed HB 3646 which
provided for the (at minimum) $800 pass-through
salary increase for those subject to the state
minimum salary schedule and speech-pathologists.
The bill clearly provided for a local salary schedule
step increase for the 2009-2010 school year.
There was some question about whether or not the
bill required school districts to provide another local
salary schedule step increase for the 2010-2011
school year.
TCTA submitted a brief
AG Opinion


The opinion states that employees who would have
received a step increase on a local salary schedule
for the 2008-2009 school year if the same
schedule were in effect for the upcoming school
year will be entitled to that step increase for the
2010-2011 school year.
The minimum pay requirement applies to new hires
as well as returning educators.
AG Opinion


To determine if you’re being paid the correct
amount, you must first determine your salary under
the district’s 2008-2009 salary schedule, then
adjust for two years of experience. Then the district
must also apply the required pass-through pay
raise that the legislature passed in 2009. This passthrough pay raise was a minimum of $800.
The opinion is advisory, but Commissioner of
Education Robert Scott will likely follow the
rationale if called upon to exercise his authority to
rule on matters of school law if a grievance is filed
and appealed to him.
Miscellaneous
Laws
Education
Gurus Should
Know
Miscellaneous Laws Education
Gurus Should Know


Non-Renewal of Contract
Teachers must be provided with notice no later than
45 days prior to the last instructional day if they
have a term or probationary contract and the
district proposes to non-renew it.
Resignation
Contracted teachers have a right to automatic
acceptance of their resignation if it is properly
submitted within 45 days prior to the first
instructional day of the school year.
Miscellaneous Laws Education
Gurus Should Know


Reassignment
Teachers may not be reassigned to a position for
which they are not fully certified without their
written consent.
Maximum number of hours a teacher can be
required to work
Unfortunately, there is no limit. Teachers are not
covered by the Fair Labor Standards Act; however,
paraprofessionals are covered.
Miscellaneous Laws Education
Gurus Should Know

Immunity for textbooks and technology
District employees may not be required to pay for
textbooks or instructional technology that are stolen,
misplaced, or not returned by a student. Only one
little caveat with this law.*
* TCTA initiated legislation.
Child Abuse and
Neglect
Who Must Report?
Texas Family Code §261.101:
(b) If a professional has cause to believe that a child
has been abused or neglected or may be abused
or neglected…the professional shall make a report
not later than the 48th hour after the hour the
professional first suspects that the child has been
abused.
 A professional is a person who is licensed or
certified by the state – including teachers and
administrators.

Can’t I just report it to the Principal?



No. A teacher may report his or her concerns to a
principal or administrator, but the duty to report still
lies with the teacher.
Once a teacher reports to the principal, the
principal now has his or her own duty to report, as
well.
A school district cannot require a teacher to report
the suspected abuse or neglect to administration
prior to reporting to CPS.
Where do I report?

Generally:
 Any
local or state law enforcement agency;
 The Department of Family and Protective Services
(CPS);
 The state agency that operates, licenses, certifies, or
registers the facility in which the alleged abuse or
neglect occurred; or
 The agency designated by the court to be responsible
for the protection of children.

BUT…
Who Do I Report To?

BUT…continued:
 The
report must be made to CPS if the suspected abuse
involves a person responsible for the care, custody, or
welfare of the child, including:
 Parent,
guardian, foster parent;
 Member of child’s family or household;
 Person with whom the child’s parent cohabitates;
 School personnel or volunteer at child’s school; or
 Personnel or volunteer at a public or private child-care
facility that provides services for the child.
Practical Pointers



If you discuss the situation with your principal, you
can report the suspected abuse together.
If you have to report, please make note of the date
that you made the report, the name of the person
with whom you spoke (intake officer), and the case
number that they assign to the report.
Please be aware, failure to report is a criminal
offense – it is generally a Class A misdemeanor but
in some instances it can be a State Jail Felony.