Winter 2011 ATPE News

winter 2011 | ATPE.org

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page 24 The beauty of math with Danica McKellar • Page 19 Your rights, post-Legislature • Page 20

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20 features

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24 Reflections on

30 Your Association

the new normal

COVER STORY When ATPE News asked you to tell us how $5.4 billion in budget cuts has affected your schools, you responded. We received stories of unprecedented belt-tightening, but we also received descriptions of newfound resilience and inspiration.

To paraphrase one principal: The Texas education community might bend, but it won’t break.

Danica McKellAr photo by dana patrick; cover illustration by erica fos

19 The beauty of math

Parents know Danica McKellar as Winnie Cooper on The Wonder Years, but their daughters know her as a role model helping them realize that girls can ace math just as easily as boys.

20 Mapping the new

legal landscape

With the 82nd legislative session finally behind us, it’s time to figure out which of your rights lawmakers changed and which survived the session unscathed. winter 2011

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Save on holiday travel · ATPE and KASE 101 salute teachers · Board of Directors revises vision statement, tenets · ATPE and TCEA team up for can’t-miss CPE · ATPE Foundation is the true winner of golf tournament · Tenet focus: Issues-oriented advocacy · Kudos · Family Album · ATPE-PAC Honor Roll 41 Your protection benefits Save this claims procedure information and summary of the professional liability insurance policy.

departments 4 Director’s Message

10 In the Classroom

5 Web Bytes

13 Tech Support

7 Calendar

47 Snip-its

8 News Briefs

columns 15 Legal Opinions

Sure, it’s rude, but is it illegal?

17 Capitol Comment Making sense of the public ed mess 18 Educators’ Exchange My first year as technology facilitator

atpe.org | 3

president’s director’s message

The official publication of the Association of Texas Professional Educators

STATE OFFICERS

Angie’s back in teaching.

Words cannot express how thrilled I am to share this news with you about my daughter. A year ago, Angie had decided that she could no longer teach. I was emotionally devastated when she told me this. I knew that I would support her in her decision to seek employment in the corporate world, but I shed a tear knowing that another very good teacher had become burned out. Like too many good teachers, Angie had fallen prey to the issues all public school teachers face—a lack of parental support, excessive emphasis on standardized testing and the unrealistic expectation that public schools should solve every one of society’s problems.

But, after a year of reflection, Angie is back with renewed energy and teaching in the very school where she began her own public education as a kindergarten student. What a small world!

I am so proud of Angie—not only because she is my daughter, but also because she is a teacher. I cannot tell you how often I have heard another educator say, “I don’t want my child to be a teacher.” Please stop and think if you catch yourself about to say this. Such a statement might be heartfelt when it’s made, but the casual listener might interpret it in ways more detrimental to public education than any of us could imagine. The public is likely to hear an indictment of the profession, not the concerns of a parent. Just as public education should be scrutinized diligently by the public, those of us who want ethical conduct to be the norm in our profession need to realize the power of our comments. We should not disparage our own profession in front of the public or our children. We want good teachers to enter the profession, and I believe good teachers are born from parents who are good teachers.

Good teachers, always a necessity, are increasingly crucial to making our way through current challenges. We can expect these challenges to persist. Funding will continue to drive conversations about student achievement. In September, ATPE News asked all members to share their reflections on the impact of the budget cuts made by the 82nd Legislature. The responses were tremendous in their thoughtfulness and detail. A selection of these reflections begins on page 24, and you can read more at http://atpereflections.wordpress.com.

Each response exudes a passion for meeting the needs of students, especially those students whose chances for success are hindered by poverty. Public schools provide stability in these children’s lives. This is why I am so happy that my daughter Angie is back in teaching. I know she will do everything in her ability to provide the best learning environment for all of her students.

Doug Rogers, ATPE executive director

4 | atpe.org

Cheryl Buchanan Deann Lee Ginger Franks Richard Wiggins David de la Garza

Amancio Garza Jackie Hannebaum Jan Womack Ann Petrillo Bill Moye Brenda Lynch Nan Bryant Rita Long Kristi Daws Dab Johnson David Williams Julleen Bottoms Greg Vidal Marsha Exum Sarah Beal Shane Whitten Lynette Ginn Teresa Griffin Socorro Lopez Sandra de Leon

President, Ballinger (15) Vice President, Paris (8) Secretary, Nacogdoches Co. (7) Treasurer, Boerne (20) Past President, Northside (20)

BOARD OF DIRECTORS Edinburg (1) Corpus Christi (2) Goliad (3) Houston (4) Warren (5) Huntsville (6) Grand Saline (7) Mount Vernon (8) Jacksboro (9) Mesquite (10) Keller (11) Corsicana (12) Pflugerville (13) Abilene (14) Coleman County (15) Amarillo (16) Hale Center (17) Stanton (18) San Elizario (19) Northside (20)

ATPE STAFF

Doug Rogers Executive Director Alan Bookman Deputy Executive Director Laura Sheridan Associate Executive Director

ATPE NEWS STAFF

Doug Rogers Executive Editor Kate Johanns Communications Manager/ Editor Mandy Curtis Senior Copy Editor/Writer John Kilpper Senior Graphic Designer Erica Fos Graphic Designer Tacy Stephens Copy Editor/Writer Cam Todd Multimedia Designer/ Advertising Coordinator

ATPE News (ISSN 0279-6260) is published quarterly in fall, winter, spring and summer. Subscription rates: for members of the association, $3.32 per year (included in membership dues); non-members, $10 per year. Extra copies $1.25 each. Published by the Association of Texas Professional Educators, 305 E. Huntland Drive, Suite 300, Austin, TX, 78752-3792. Periodical Postage Paid at Austin, Texas and at additional mailing offices. POSTMASTER: Send address changes to ATPE News, 305 E. Huntland Dr., #300, Austin, TX, 78752-3792. Advertising rates may be obtained by sending a written request to the above address.

Opinions expressed in this publication represent the attitude of the contributor whose name appears with the article and are not necessarily the official policy of ATPE. ATPE reserves the right to refuse advertising contrary to its purpose. Copyright 2011 in USA by the Association of Texas Professional Educators ISSN © ATPE 2011 0279-6260 USPS 578-050

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ATPE creates advocates at

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www.atpe.org/advocacy

Make a constructive donation The ATPE Political Action Committee (ATPE-PAC) makes financial contributions to officeholders and candidates who support public education and ATPE’s philosophies.

Your donations support your profession and Texas education on the whole.

Read the latest news Check out ATPE’s e-newsletter Essentials for the latest in legislative and government news. Each issue also includes classroom tips, a legal Q-and-A, updates on services and discounts and more.

Prepare to vote

Know your benefits

Interested in learning more about elections and what’s in store for the March 2012 primaries? ATPE’s Election Resources will provide you with the information you need before you head to the polls.

Many Texas educators’ Social Security benefits are affected by the Government Pension Offset and the Windfall Elimination Provision. ATPE’s Q-and-A will help you learn how these two provisions might affect your future.

The ATPE Vision ATPE is the preeminent public educator association in Texas and makes a difference in the lives of educators and schoolchildren.

In partnership with all stakeholders, we are committed to providing every child an equal opportunity to receive an exemplary public education.

winter 2011

atpe.org | 5

celebrating

leader texan friend teacher nurse coach parent aide principal leader texan friend teacher nurse coach parent aide principal leader texan friend teacher nurse coach parent aide principal leader texan friend teacher nurse coach parent aide principal leader texan friend teacher nurse coach parent aide principal leader texan friend teacher nurse coach parent aide principal leader texan friend teacher nurse coach parent aide principal leader texan friend teacher nurse coach parent aide principal leader texan friend teacher nurse coach parent aide principal leader texan friend teacher nurse coach parent aide principal leader texan friend teacher nurse coach parent aide principal leader texan friend teacher nurse coach parent aide principal leader texan friend teacher nurse coach parent aide principal leader texan friend teacher nurse coach parent aide principal leader texan friend teacher nurse coach parent aide principal leader texan friend teacher nurse coach parent aide principal leader texan friend teacher nurse coach parent aide principal leader texan friend teacher nurse coach parent aide principal leader texan friend teacher nurse coach parent aide principal leader texan friend teacher nurse coach parent aide principal leader texan friend teacher nurse coach parent aide principal leader texan friend teacher nurse coach parent aide principal leader texan friend teacher nurse coach parent aide principal leader texan friend teacher nurse coach parent aide principal leader texan friend teacher nurse coach parent aide principal leader texan friend teacher nurse coach parent aide principal leader texan friend teacher nurse coach parent aide principal leader texan friend teacher nurse coach parent aide principal leader texan friend teacher nurse coach parent aide principal leader texan friend teacher nurse coach parent aide principal leader texan friend teacher nurse coach parent aide principal leader texan friend teacher nurse coach parent aide principal leader texan friend teacher nurse coach parent aide principal leader texan friend teacher nurse coach parent aide principal leader texan friend teacher nurse coach parent aide principal leader texan friend teacher nurse coach parent aide principal leader texan friend teacher nurse coach parent aide principal leader texan friend teacher nurse coach parent aide principal leader texan friend teacher nurse coach parent aide principal leader texan friend teacher nurse coach parent aide principal leader texan friend teacher nurse coach parent aide principal leader texan friend Nourish yourself with three days of professional learning teacher nurse coach parent aide principal leader texan friend teacher nurse coach and leadership development, includingnurse the annual parent aide principal leader texan friend teacher coachmeeting parent aide principal of the ATPE House of Delegates. leader texan friend teacher nurse coach parent aide principal leader texan friend teacher nurse coach parent aide principal leader texan friend teacher nurse coach parent aide principal leader texan friend teacher nurse coach parent aide principal leader texan friend teacher nurse coach parent aide principal leader texan friend teacher nurse coach parent aide principal leader texan friend teacher nurse coach parent aideJuly principal texan friend teacher nurse coach parent aide to principal 14–16, leader 2012 ¡ Austin Convention Center ¡ More details come

the whole

educator

@the 2012 atpe summit

calendar

December 14 TCEA webinar—Apps for Special Needs Students (free for ATPE members) 19–30 ATPE state office closed for winter break

January Register for the TCEA webinars listed here for free. www.atpe.org/Resources/ ProfessionalDevelopment

2 ATPE state office reopens after winter break 16 Martin Luther King Jr. Day (state office closed) 18 TCEA webinar—Enhancing Literacy with eBooks and eReaders (free for ATPE members)

21 Region 1 meeting (McAllen)

Apply for one of five $1,000 grants to be given to Texas public school libraries. www.atpefoundation.org

February

1 Beth Ann Rogers Literacy Initiative grant application deadline

4 Region 10 political involvement meeting (Garland) 6–10 2012 TCEA Convention and Exposition; National School Counseling Week

© Happy woman with tablet computer/iStockphoto/Thinkstock; Girl reading giant book/Stockbyte/ Thinkstock; Healthy School Lunch/iStockphoto/Thinkstock; Isolated postit/iStockphoto/Thinkstock

8 Do You Google? ATPE Luncheon at the 2012 TCEA Convention and Exposition Lunch and learn with ATPE at TCEA’s 2012 convention. See page 32 for details.

10–11 ATPE Board of Directors meeting 25 Region 12 convention (Corsicana); Region 20 meeting (San Antonio) 29 TCEA webinar—Gaming in Education (free for ATPE members); last day to join

www.tcea2012.org

ATPE via payroll deduction

March

Awards Entry Deadline

Celebrate with resources from the Texas School Public Relations Association. www.tspra.org

5 Entry deadline for the Ben Shilcutt Plus Club, Educator of the Year, Local Unit of the Year and Campus Representative of the Year award and the Sam Houston Award for Political Involvement

5–9 Texas Public Schools Week Visit the Resources and Leader Central sections of atpe.org for more information. www.atpe.org/resources and www.atpe.org/ LeaderCentral

winter 2011

6 Primary election day 7 TCEA webinar—Safe Social Networking for Students (free for ATPE members)

15 State officer nominations and proposed bylaws amendments and resolutions due in state office

call (800) 777-ATPE to be put in touch with your region officers red dates indicate atpe deadlines

Dig deeper into ATPE’s governance structure and bylaws. www.atpe.org/AboutUs

atpe.org | 7

news briefs

by Mandy Curtis, senior copy editor/writer

Reality TV might exacerbate bullying among girls A new study by the Girl Scout Research Institute indicates that reality TV shows such as Big Brother and Jersey Shore could be encouraging “mean girl” behavior in young girls.

Technology improves education for deaf students

The study surveyed 1,141 girls ages 11 to 17 on their opinions of reality TV shows. Eighty-six percent thought that the shows pitted girls against one another to increase excitement; 73 percent thought that the shows make fighting look like a normal part of romantic relationships; and 70 percent thought that the shows make treating others badly look like an OK thing to do. The results illustrate a perpetuation of a “mean girl” stereotype and promotion of conflict rather than cooperation.

The results weren’t all negative, however. The study also suggests that “makeover” shows, including The Biggest Loser, American Idol and Project Runway, have the potential to inspire girls to believe anything is possible.

Source: Entertainment Weekly’s PopWatch blog, http://popwatch.ew.com

Technologies such as visual or text-communication devices, speech-to-print software and cochlear implants have all had a positive influence on the way deaf and hearing-impaired students learn, according to a report from Project Forum at the National Association of State Directors of Special Education.

These technologies are also changing the way educators teach children who are deaf or have difficulty hearing. Increased use of cochlear implants, for example, has led to greater acceptance of children with hearing disabilities, special classroom accommodations rather than specialized instruction, and a decrease in the use of sign language and the number of schools for the deaf.

Source: Education Week, http://blogs.edweek.org

Students get smarter as their brains speed up Researchers from the University of Texas–San Antonio have found that as children age, they get smarter. This increased intelligence is due to an increase in the brain’s processing speed.

The study examined the results of 12 intelligence and mental speed tests given to nearly 7,000 kids ages 13 to 17 during the 1997 Longitudinal Survey of Youth, a program of the United States Department of Labor. The intelligence tests covered vocabulary and math knowledge, and the mental speed tests included timed exams with computing and arithmetic tasks.

In all of the tests, the older children performed better and more quickly than the younger ones, which led researchers to the conclusion that the faster the brain works, the more intelligent a child becomes.

8 | atpe.org

Sources: United Press International Inc., www.upi.com

atpe news

New online training helps Texas educators properly report abuse The Texas Department of Family and Protective Services (DFPS) recently released an online course for educators interested in learning more about how to recognize child abuse or neglect and how to properly report suspicions to the authorities. The one-hour course includes: · Abuse and neglect definitions and examples. · Videos of two realistic abuse and neglect reporting scenarios. · A walk-through of the DFPS e-Reporting system. · Answers to common questions.

To take the course, visit www.dfps.state.tx.us/Training/Reporting/ default.asp. This course includes printable materials.

Exercise leads to fewer teenage male smokers

© ear/Hemera/Thinkstock; mean girls, dumbells, music/ISTOCKPHOTO/Thinkstock

A recent study conducted with 233 West Virginia students ages 14 to 19 shows that teenage boys are more likely to quit smoking after taking a cessation program that involves exercise.

The study placed each of the 233 students, many of whom smoked a half a pack of cigarettes per day during the week and more on weekends, into one of three groups. The first group was sent to a single anti-smoking session, the second to a 10-week program and the third to the same 10-week program plus counseling on forming an exercise plan. After three months, 24 percent of males in the third group had quit smoking, compared with 8 percent of the second group and 5 percent of the first.

A surprise finding of the study was that the rate of female smokers didn’t decrease as much, nor were the smoking habits of the girls influenced by the added exercise program. This outcome might stem from the fact that teenage boys engage in vigorous exercise more regularly, and girls’ physical activity decreases with age.

Source: The New York Times, www.nytimes.com

Björk experiments with music education Best known for her experimental music, Björk is moving into the field of education with her new album, Biophilia, which combines nature, music and technology.

The new album was mapped into algorithms that were then adapted into an iPad app featuring basic music lessons and interactive visuals for children. The song “Thunderbolt” has a written structure that resembles arpeggios.

And “Mutual Core” alludes to the volcanic rock that makes up much of Iceland, Björk’s home country; when viewed on the app, this song teaches simple chord progressions.

winter 2011

Source: National Public Radio, www.npr.org

atpe.org | 9

in the classroom

by Kris Woodcock, professional development coordinator

A win-win-win situation Peer facilitation program benefits faculty, students with special needs, and high school juniors and seniors sat together at a ball game. I am now getting better grades and have made some friends.”

Both mentors and mentees must secure parental permission to participate in the program, and Patterson reports that

are trained in how to meet mentees’ individual needs.

“They’re trained to squelch any bullying or bad behavior by others against their mentees,” Patterson says.

“Two school worlds that used to coexist without interaction are now inclusive, which makes life better for all,” says Sandra Patterson, a 23-year special education teacher and peer facilitator at North Lamar High School (NLHS). parents of students in both groups are pleased with their children’s progress.

Mentors are gaining an understanding of diversity and developing strong communication skills that will serve them in the workforce. Along with Patterson and other teachers, student mentors

“By changing the classroom environment to be more tolerant of diversity and differences, you change the whole school environment—and attitudes.”

Mentees say the experience helps them feel more included in the NLHS community. They’re forming friendships,

Elementary student Rustin Shackelford is mentored by North Lamar High School senior Maverick Jones. Since he started being mentored, Rustin’s grades have improved as well as his demeanor at home and in school.

10 | atpe.org

atpe news

Courtesy of Sandra Patterson

A

program that pairs high school juniors and seniors with students who have special needs is proving to be an eye-opening experience at a North Lamar ISD high school.

“Two school worlds that used to coexist without interaction are now inclusive, which makes life better for all,” says Sandra Patterson, a 23-year special education teacher and peer facilitator at North Lamar High School (NLHS).

Patterson’s campus is participating in the IDEA Life Transitions peer mentoring program created by Carol Parker, whose career in special education led her to begin developing and coordinating peer coaching programs. (Learn more at www.idealifetransitions.com.) NLHS principal Paul Allen saw the IDEA Life Transitions program in action in Corsicana ISD and worked to bring it to his school community. At NLHS, juniors and seniors earn 200 community service hours while mentoring a fellow high school, junior high or elementary student with a learning disability.

One mentee explains: “If I need any kind of help, I have my peer mentor and my content mastery teacher to help me.

They help me make it through all of my classes. My peer coach has also become a friend. We talk outside of class, and we even

Book review:

Bullying hurts all in its path gaining self-confidence, setting academic and personal goals, and becoming more aware of how an individual’s behavior affects others.

Patterson recalls the experience of one senior mentor last year whose mentee had passed a six-week exam for the first time in his school career.

“The young lady was almost crying when she told me,” Patterson says. “The young man had said his parents would be thrilled because both had dropped out before eighth grade. She said this helped her decide that she wanted to be a teacher so she could help a lot of kids feel this way.”

In an era when dramatic budget cuts create obstacles for special education, the peer mentoring program is a blessing, according to Patterson. Students with special needs are receiving more one-onone attention.

“This is a win-win situation for everyone involved,” she says. “After three years of being a peer facilitator, it has let me be closer to parts of the student body that otherwise I would not have had the opportunity to be acquainted with so closely.

“I would recommend this program to every school because it works. There are always a few kinks, but the overall result is that kids’ lives are changing for the better.” A Special thanks to Sandra Patterson for her assistance in writing this article. Patterson is the president of Region 8 ATPE.

winter 2011

About one in seven schoolchildren has either been a bully or been the target of a bully. This is one of many sobering statistics Barbara Coloroso cites in her book The Bully, The Bullied and the Bystander.

The book begins with the chilling stories of children whose lives ended in suicide or murder because of bullying. The stories show that bullying is a pervasive issue and that all educators need to be aware of its warning signs.

Coloroso explains that bullying is a “conscious, willful and deliberate hostile activity intended to harm, induce fear through the threat of further aggression and create terror.” She goes on to describe three types of bullying (verbal, physical and relational) and says that bullying will always include three elements: • An imbalance of power.

• An intent to harm.

• The threat of further aggression.

When bullying is allowed to escalate, Coloroso says, a fourth element is added: terror.

The Bully, The Bullied and The Bystander is the ATPE Book Circle’s next topic of discussion beginning Jan. 6. Visit the ATPE Idea Exchange at http://atpe.websitetoolbox.com to sign up to participate in this professional learning community. Participants will earn seven hours of continuing professional education (CPE) credit upon completion of the program. Email prof_dev@atpe.org or call ATPE Professional Development Coordinator Kris Woodcock at (800) 777-ATPE if you have any questions.

atpe.org | 11

in the classroom

by Kris Woodcock, professional development coordinator

What I wish I’d known …

Advice for first-year teachers from folks who’ve been there ATPE News printed first-year teacher advice from seasoned educators in the fall 2011 issue.

ATPE Professional Development Coordinator Kris Woodcock had asked for educators to submit their best advice in preparation for ATPE’s free Help for the Novice Teacher webinar, and she collected far more pearls of wisdom than we had room to print. Here are some more great tips:

As a presenter for Sam Houston State University in the Mentor Orientation Workshop program, I tell teachers that when they begin their first year, they will go through phases of disillusionment but should not lose hope. They will experience a sense of “What am I doing teaching?” and, again, I would say, don’t lose hope. Find experienced teachers, buddy up with them and learn from them. Surround yourself with greatness, and you will be great. Go into classrooms, and watch experienced teachers do their thing. Find your groove. Take constructive criticism as positive feedback, and grow from it. Do not take what students say to you or about you personally; they do not know you that well.

Find out how that child learns, and plug him or her in with that style of learning. Love what you do, and be good at it.

—Joe Whitehead, Huntsville ATPE

As a first-year educator, I wish I’d known about educationrelated laws: student rights, teacher rights, employee relations, etc. Of course, belonging to a professional organization— i.e., ATPE—should also be part of a first-year teacher’s toolbelt.

—Robert Devor, Spring ATPE

Listen to your heart, and never prejudge students on previous years’ teacher comments; always let your students start every year with a new slate, no matter what you have heard. Sometimes students can mature so much over a summer. Take time to find out about their lives because that can make a world of difference in their ability to retain what you are trying to teach them. It’s not whether they can learn, but if they choose to, and why. Listen to them, and watch how they interact with other students and other adults. These are all clues.

—Sandra Patterson, North Lamar ATPE

You do not have to know everything and perform on command. Every day opens new avenues, and your professional attitude and experience help you to see the task and respond in an efficient manner. Teaching is an everchanging role, where every day and every student bring new challenges and rewards. I have become the teacher I am now by learning to be flexible yet determined to meet each challenge with a passion for success. It is a rewarding career when you see learning taking place.

—Rita Long, Mount Vernon ISD

ATPE resources for new teachers

12 | atpe.org

Don’t make hasty decisions when you have the time to think through the issue. Whenever I’ve encountered a big issue that couldn’t be solved immediately, I’ve always said to myself, “This too shall pass!” Sometimes, a decision wasn’t needed right away, so I just gave it a little time to fully think through all of the implications.

—Robert Quatch, Garland ATPE

ATPE/PACT System ATPE has partnered with the Texas A&M University System to provide ATPE members free access to an online support system that includes confidential and quick one-on-one help, live chats, discussion boards and other resources. This program is available to student teachers, teachers in their first through third year in the classroom and mentor teachers. Visit www.atpe.org/Resources/PACT.

Help for the Novice Teacher webinar This free archived webinar is chock-full of valuable advice from experienced educators. Earn one hour of continuing professional education (CPE) credit for participating.

Access the webinar at www.atpe.org/resources.

atpe news

by Mandy Curtis, senior copy editor/writer

tech support

The road from banned to BYOD Is the use of once-contraband devices the wave of the future?

It’s a sign of the times: School districts nationwide are altering longstanding policies prohibiting mobile phone use on campus and implementing “bring your own device” (BYOD) and “bring your own technology” (BYOT) programs. Today’s smartphones have educational capabilities that many educators think outweigh potential classroom disruptions.

“At a time when shrinking school budgets mean that schools will never achieve one-to-one [See Tech Term, below], the resourceful approach involves asking kids to bring their home devices into schools,” wrote ed tech blogger Miguel Guhlin in September.

Guhlin is a director of instructional technology services for an urban Texas school district. “As a parent of two children who have their own inexpensive netbooks … I know that these devices grant them MORE access to technology than what they have at school.” (Read Guhlin’s full post on BYOD at www. mguhlin.org/2011/09/byotbyod-dealingwith-fallout-paulrwood.html.)

Guhlin cites Bastrop, Deer Park and Eanes ISDs as having recently implemented

BYOT policies. Bastrop’s Responsible Use Policy states that “BISD is now allowing staff and students the option to Bring Your Own Technology (BYOT). Staff may use a personal device in place of (or along with) their district-assigned devices if they choose. Students may use a personal device in class for instructional use with teacher permission.” Bastrop BYOTers access the Internet through the district’s guest wireless network; the guest network is content-filtered, much like the school’s standard Internet connection.

Round Rock ISD is contemplating a switch to BYOD for 2012-13. “We restrict the bringing of these devices to school,” Round Rock ISD Superintendent Jesús Chávez said in his 2011-12 state-ofthe-district address. “We don’t allow cellphones to be used for instruction.

We’ve got to change that.”

White Oak ISD implemented a districtwide policy this year after a 2010-11 pilot program in grades 3–5. White Oak ISD Instructional Technologist Scott Floyd, an ATPE member, sees the logic of BYOD programs. “Whether BYOD is good for all schools depends on the attitude of the campus staff,” Floyd says. “In our case, we know the students are bringing the devices each day anyway. Why not leverage the power of those devices in a positive, academic, purposeful way? [Our BYOD program] has gone very well.”

There is concern, however, that BYOD programs will cause “equity” issues, particularly in such a tough economy.

TK

“BYOD certainly puts equity in front of everyone,” Guhlin says. “BYOD remains an imperfect solution if we define ‘equity’ as providing everyone with the same device. If we define equity as the opportunity to raise the achievement level of all students, then isn’t the expectation for students to use whatever technologies are available to narrow that achievement gap?”

Guhlin offers this idea for creating equity in a classroom setting: “[Ask] how many mobile phones do we have in the room?

How many of you have a netbook? How many of you have an iPad? [Then] divide these cooperative groups so that each group has at least one person with the device needed to communicate, facilitate collaboration, research, etc.

“If we wait for the perfect classroom, where every child and teacher will have the exact same technology,” Guhlin says, “we’re not only striving for an unachievable ideal … [but we also] find ourselves saying that the real world affords us this level of perfect access … and that’s not true.”

Continued on page 45

Tech Term winter 2011

One-to-one:

An educational initiative in which every student and teacher is given a laptop or other device by the district to use for educational purposes.

atpe.org | 13

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by Jennifer Jacobson, ATPE Member Legal Services staff attorney

legal opinions

Rudeness doesn’t always equal hostility How a hostile work environment differs from a purely uncomfortable situation

To decide whether harassment equates to a hostile work environment, courts consider frequency and whether it was physically threatening or humiliating, objectively offensive or just personally offensive, and severe enough to interfere with job performance.

Perhaps your supervisor says your work is proficient on paper but complains in person. Maybe none of your ideas seems welcome at meetings. If you’re in such a situation, the phrase “hostile work environment” might pop into your mind. But is your experience cause for legal action? Maybe—but quite likely, no.

As a legal claim, the term “hostile work environment” developed from cases of sexual harassment.

Previously, sexual harassment was prohibited if it consisted of quid pro quo discrimination (in other words, situations where employment was conditional on tolerance of unwelcome sexual advances or sexually inappropriate behavior). Sexual harassment was also prohibited if the employee kept or lost his job based on submitting to advances. In 1986, the U.S. Supreme Court recognized for the first time that sexual harassment can occur in an abusive or hostile environment, even if an employee is not directly threatened with or subjected to economic harm.

Today’s hostile work environments Since the 1986 decision, courts have expanded the hostile work environment concept to include other types of illegal discrimination or retaliation.

Before, employees did not have claims unless they had experienced an ultimate employment action, but courts now recognize claims if employees can establish that discrimination made work intolerable.

Employees must establish that: 1. They belong to a protected group; 2. They were harassed based on membership in the protected group; 3. The harassment affected a term, condition or privilege of employment; and 4. The employer knew (or should have known) of the harassment but did not promptly correct it.

To decide whether harassment equates to a hostile work environment, courts consider frequency and whether it was physically threatening or humiliating, objectively offensive or just personally offensive, and severe enough to interfere with job performance.

Who’s protected?

Anti-discrimination laws apply to people in a “protected class” based on race, color, disability, religion, sex, national origin or age. (Sexual orientation is not protected by federal or state law but can be by city ordinance.) Unless motivation based on a protected class can be proven, a supervisor’s rudeness—even if extreme—does not create an illegal hostile work environment.

One Texas example: A 53-year-old woman’s supervisor repeatedly called her “a stupid old woman,” told her that younger employees were better at their jobs and yelled at her. The jury decided this behavior interfered with the employee’s job performance and resulted in her job-ending performance review. Direct evidence existed proving that the supervisor subjected the employee to this treatment because of her age. Even statements revealing bias might not be sufficient if they don’t directly relate to hostile treatment or negative employment action.

Unfair but not illegal Unfortunately, the following are not seen as illegal: • Harassment not based on illegal discrimination or retaliation.

• Treatment that is extremely offensive to the employee but not to the hypothetical “reasonable” person.

• Occasional discriminatory remarks, general rudeness or even hostile treatment that doesn’t interfere with job performance.

Regardless, you still have the right to file a formal grievance with your district. Most district policies include deadlines (often tight) by which such complaints must be submitted.

Eligible ATPE members in potentially illegal hostile work environments should contact the ATPE Member Legal Services Department as soon as possible. The deadline to file a discrimination complaint might be as short as 180 days, so time is of the essence. A

The legal information provided in ATPE News is for general purposes only. It is not intended as a substitute for individual legal advice or the provision of legal services. Accessing this information does not create an attorney-client relationship. Individual legal situations vary greatly, and readers should consult directly with an attorney. ATPE members should call (800) 777-ATPE or access the Member Legal Services Intake System (MLSIS) at www.atpe.org/protection.

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Make the season bright Receive cash back on your purchases when you shop the ATPE Online Mall The ATPE Online Mall is a shopping portal that offers members special deals and limited-time promotions at more than 600 participating online retailers. When you access a retailer through the ATPE Online Mall, you can earn up to 20 percent in cash-back rebates on your purchases.

The ATPE Online Mall features leading merchant websites, including: • Barnes & Noble • Target • Expedia • Land’s End • Cabela’s • And many more!

Access the ATPE Online Mall at www.atpe.org/Resources/ ServicesandDiscounts.

To log in, you’ll need the Member ID found on your ATPE membership card.

by Monty Exter, ATPE lobbyist

capitol comment

Sifting through the rubble How we got into this mess and how we can get out

It’s time to learn the facts, pierce through the rhetoric, and fight for the present and future of public education in Texas.

Texas public education funding is in a profound state of disarray. The state’s education budget has been cut by $5.4 billion. Districts have eliminated a substantial number of positions and are expected to do so again this year. Class-size waiver requests are at an all-time high. Teacher contract rights have been weakened; benefits, including pay, have been diminished; and the Teacher Retirement System (TRS) is under attack. But why? Understanding how we got into this mess is critical. The reasons are both procedural and political.

Fundamental flaws Our latest school finance woes date back to 2006, when the Legislature delivered a crippling blow to the tax structure supporting school finance. It compressed the property tax by one-third, capping it at $1.17 per $100 of valuation, and replaced that local revenue stream with a statewide margins tax on businesses.

The margins tax replaces less than half the revenue lost from the compression.This imbalance creates a huge reoccurring structural deficit that has compounded every year. In 2007, the deficit was approximately $3.5 billion. By 2009, approximately $8 billion. And in 2011, around $10 billion. Betterthan-expected sales tax returns and federal stimulus dollars “hid” this deficit in 2007 and 2009. But now—with a still-depressed economy and no new federal dollars—the structural deficit contributes to a gaping $15 billion to $25 billion hole in the state budget. State leadership claimed the only way out was to dramatically cut every part of state government, including education.

With fewer funds, districts sought ways to shrink payrolls. To aid districts, lawmakers created furlough provisions and eroded salary protections and contract rights so it was easier to let educators go. Spring reductions in force (RIFs) precipitated increases in class sizes.

An ideological threat to education To make matters worse, a powerful minority of politicians and politically affluent individuals is making hay with the structural deficit. Their goal is to reduce the scope of government by eliminating winter 2011

or privatizing government functions, including education. This group is not new, but it has harnessed the tea party movement to convince more people that government is bloated and inefficient.

The truth is: The Texas budget is actually very lean, perhaps harmfully so.

The harder truth: You, as a public school educator, are “the government.” In the anti-government movement, you are part of the problem. When a politician grandstands about cutting government waste, he is—perhaps knowingly—advocating to slash your salary, diminish your benefits or cut your position.

He’s also saying your students need fewer resources and deserve less attention from their teachers.

Nothing changes without you How can we buck this anti-education trend?

People are already taking positive action. A group of school districts, parents and taxpayers has filed a lawsuit that challenges the equity and adequacy of the current funding system. Many moderates and pro-education candidates are stepping up to run for office, including pro-public ed challengers in most State Board of Education (SBOE) races.

Among these challengers is ATPE Past State President Sue Melton.

It is important to keep vigilant, stay informed and be active. The primary election is March 6. Watch for future ATPE communications about specific election races and details about SBOE candidates.

However, know that these races will go nowhere without your support and involvement. It’s time to learn the facts, pierce through the rhetoric, and fight for the present and future of public education in Texas. No one cares more about Texas educators and schoolchildren than you do.

If you are ready to take on the challenge, ATPE Governmental Relations is ready to help you. Sign up for the Legislative Alert Network (LAN) on the ATPE website, and make a contribution to the ATPE Political Action Committee (ATPE-PAC). Contact the state office for more information about local races and how to get involved. Together, we can lay the foundation needed to rebuild a strong Texas public education system. If you won’t stand up and vote for education, how can you expect anyone else to? A atpe.org | 17

educators’ exchange

by Andy Kinsey, Southwest ATPE member

Building leaders, one mouse click at a time Looking back at a year of professional growth through technology

ATPE member Andy Kinsey currently teaches fourth grade at Southwest ISD’s Big Country Elementary, located in San Antonio. Kinsey is a 14-year education veteran. This is his 10th year in the classroom; he worked four years as a teacher’s assistant.

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The 2010-11 school year was quite interesting for me. At the end of the prior school year, I had applied for and been offered the technology facilitator position on my campus. My most formal technology training had been in high school, when we all had to take a business computer application course. I was somewhat advanced in Microsoft Word, Excel and PowerPoint, and with a SMART Board in my classroom, I naturally thought that I was highly qualified for the facilitator’s position.

As the 2010-11 school year started, I was also assigned to teach fifth grade, a great placement because my fifth-grade students had been in my classroom the previous two years. These kids already knew the routine, so I had the luxury of time to learn my new role. On top of teaching, I was responsible for technology inventories, technology training sessions and troubleshooting any technology issues on campus.

The buddy system On my campus, we have a fantastic program called “Reading Buddies” in which fourth- and fifth-grade students visit lower-grade levels to read with those students. I teamed up with kindergarten teacher Susan Schneider (a fellow ATPE member), and we adapted the program for our classes by starting “Technology Buddies.”

We had each fifth-grader find a kindergarten partner. My fifth-graders modeled for the kindergarten students how to use a mouse—how to click, double-click and drag—and how to import clip art and photos into Word documents. The older buddies, focusing on the kindergarten students’ “Letter of the Week,” found appropriate clip art or photos to illustrate kindergarten vocabulary.

As the year progressed, the buddies’ roles began to change. My fifth-graders transitioned from teaching and instructing to assisting and monitoring the kindergarteners as they opened files, inserted Word art, text boxes and clip art, printed front and back, and printed in color. My students would remark at the progress they were witnessing in their kindergarten buddies. They were astonished by how much the little ones remembered, especially

because we were only working with them for about 35 minutes each week. The experience provided my fifth-graders a great deal of ownership, accomplishment and pride. They were the teachers.

They were the leaders. They were providing someone else with lifelong knowledge.

By the end of the school year, the kindergarten students were at the wheel, and my fifth-graders had taken a backseat, amazed at all of the incredible knowledge the young minds were retaining. The partnership that had developed between the different age groups of students was incredible. My fifthgraders felt like big brothers and sisters; they took care of their new kindergarten friends. Some of these “partnerships” carried over into after-school programs, where the older students would look out for and encourage the younger kids.

Word of this technology program spread around campus. Teachers began requesting to use my students as “teachers.” My students would show teachers and students how to perform certain technological tasks. Again, this provided my students with a great sense of ownership. They would also assist teachers with SMART Board activities and troubleshooting.

This year, Susan and I are continuing “Technology Buddies” with my new fourth-graders and her kindergarteners.

As for me …

My growth as a professional was incredible as well. I continually look for ways to use technology to broaden my students’ experiences and knowledge base. I do not use a math book because I use the publisher’s website and my SMART Board. We play math games on it, and I model writing concepts on it.

We look at different maps and science diagrams and illustrate them on our own.

Today, I use terms that just a little more than a year ago I was unable to define. I am simply amazed by how much technology affects our lives. What will the future hold? A Do you have a story to tell? Email comm@atpe.org to request Educators’ Exchange submission guidelines. atpe news

knowing

— and loving —

the beauty of math Actress Danica McKellar helps students realize the smarts within by mandy curtis

m

any of us know Danica McKellar from her role as Winnie Cooper on the TV series The Wonder Years. But nearly two decades after the show’s final episode, McKellar is in the public eye in two other roles: mathematician and educator. In October, ATPE News spoke with McKellar about her career, her love of math, and her current and future projects.

While in grade school, McKellar found math fun because it was a challenge. In seventh grade, though, she grew to resent the subject because she felt couldn’t “get it.” But when Ms. Jacobson entered the classroom, McKellar’s eyes were opened.

Her new teacher’s unique presentation style helped McKellar reaffirm her love for the subject.

“Presentation can completely change the way you view math,” McKellar says.

After The Wonder Years ended and McKellar graduated from high school—where she took AP Calculus and scored a 5 on the exam—she headed to the University of California–Los Angeles with aspirations of completing a film studies degree. Despite scoring so well on the AP exam, she didn’t see herself as someone who could master college math; stereotypes of women not being good in the subject stuck with her.

But when McKellar eventually took a math class to satisfy a requirement, she had so much fun and realized that math was not only something she could do, but also something at which she excelled.

“Math gave me a new identity; it made me feel confident and capable,” she says.

Photo by Dana Patrick

McKellar went on to study theorem mathematics and co-author a scientific paper while still an undergraduate. (The paper can be read at www.danicamckellar. com/math/percolation.pdf.) After graduating, she went back to acting but kept a column on her website on which she answered math questions for fun.

“Being girly doesn’t take away from being smart,” McKellar says. “Girls can play with makeup and have a smart brain.”

In spite of her success, McKellar found that her fans had a lot of mixed reactions to her mathematician work. The stereotype that women “couldn’t do math” persisted.

This discovery led her down a path that ended in the publication of her first book, Math Doesn’t Suck. The book, written with an intentionally girly tone, aims to help

middle school girls with fractions, ratios, solving for “x” and more.

“Being girly doesn’t take away from being smart,” McKellar says. “Girls can play with makeup and have a smart brain.”

Since then, she’s written two more books on math education: Kiss My Math on prealgebra and Hot X: Algebra Exposed! (A fourth book on geometry is slated for August 2012.)

“I get emails from girls that say ‘it finally feels good to be a smart girl,’” she says.

“They give me the chills.”

Although her books are written with girls in mind, McKellar also receives a lot of feedback from boys whom her books have helped. The boys think that the books are girly but that they really help with math.

And, to their surprise, the boys even say the books help them better understand the way girls think.

In addition to her writing, McKellar is acting, doing voice-over work and spending time with her 1-year-old son, Draco (who’s named after the constellation, not the Harry Potter character). She’s also the brains behind an entertaining Twitter game, #NameThatPalindrome. (A palindrome is a word or phrase that can be read the same both forward and backward, such as “mom,” “pop” or “a man, a plan, a canal, Panama.”)

A few times a week, McKellar posts clues to a new palindrome on her Twitter account (@danicamckellar) and converses with followers attempting to sort out the phrase.

She thinks of the palindromes as she falls asleep at night, twisting and turning words in her mind. She then works out

Continued on page 45 winter 2011

atpe.org | 19

Mapping the new

legal landscape HHow the 82ndLLegislature did—and didn’t—change public ed

By Paul Tapp, ATPE Member Legal Services managing attorney

N

o question: The Texas education community traveled one rocky road during the 82nd legislative session. Until the final minutes of the special session, we were headed for destination unknown. But it’s important that we now map the terrain of the post-82nd Legislature world. What has changed, and, equally important, what has not? Lawmakers made many proposals that could have become potential potholes (and some sinkholes) for schools, but many of the most detrimental bills did not survive the legislative process.

A caveat must be mentioned before we begin our explorations: Although we now know which laws the Legislature passed, many of these laws include general terms that will require interpretation. For instance, one new law requires districts that lower teachers’ annual salaries for financial reasons to lower administrator salaries by the same percentage. It is not clear whether that law applies to a reduction in local stipends that would only affect some teachers. It will likely be some time before we know precisely how the courts and the commissioner will interpret some of these laws.

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Surveying salaries

During the 82nd Legislature, bills were filed that, if passed, would have completely changed the pay structure for certified educators. In the end, however, the Legislature’s changes were far less dramatic than this. The Legislature repealed the statute that prohibited districts from lowering certified educator salaries below 2010-11 levels. This has, to a great extent, simply returned the salary rules to those that existed before the most recent pay raise.

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Also with respect to salaries: • A district must likely still provide a contracted educator actual, specific notice of a reduction in total compensation before the educator’s resignation deadline.

• The minimum salary schedule still exists for classroom teachers, fulltime librarians, full-time counselors licensed by the State Board for Educator Certification (SBEC) and full-time nurses. Districts may not pay these educators less than the minimum salary. (The new

furlough provision, detailed below, is likely an exception to the minimum salary schedule.)

• Districts may not make “across-theboard” funding-related reductions in teachers’ annual salaries without making reductions of an equal percentage in administrator and other professional employee salaries.

• The district must involve the professional staff in the planning of any salary reductions.

• When considering a salary reduction, the school board must hold

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a public meeting that involves the administration, and the administration must present: • Information regarding the options considered and available, including a tax hike.

•A n explanation of how the salary reduction will limit staff discharges.

• I nformation regarding the local option homestead exemption.

• District employees must be allowed to attend and express their opinions at the public meeting.

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C lass-size cartography

During the 82nd legislative session, bills were filed that would have increased or eliminated the classsize limit for kindergarten through fourth grade. However, these bills failed to pass, so the class-size limits exist as before. But also existing as before are procedures through which individual school districts can apply to the Texas Education Agency (TEA) for waivers. This allows for more students in a classroom than the mandated 22-1 ratio. The commissioner of education communicated that he expects that TEA will be liberal in granting waiver requests because of the financial hardships many districts face. Recent reports indicate a significant uptick in the number of waivers already granted, and since 2009, the number of waivers requested has increased by 67 percent.

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Charting contracts

Again, bills were filed that would have significantly reduced contract protections for educators. The worst

22 | atpe.org

of these bills failed to pass, yet several bills with the potential to make significant changes did pass. The provisions noted here apply in regular circumstances—i.e., no reduction in force (RIF). (Additional changes specifically limited to RIF-related contract actions will be noted below.)

In the arena of contracts: • A district is still required to give notice of term and probationary contract nonrenewals by a deadline, and an educator’s contract is automatically renewed if notice is not given by the deadline. However, the deadline has changed from the 45th day before the last instructional day to the 10th day before the last instructional day.

•N otice of contract nonrenewal must now be hand delivered on campus if the educator is present when notices are distributed. If the educator is not present, the notice can be mailed and is considered timely if postmarked by the notice deadline.

•D etermination of whether “good cause” exists to terminate or nonrenew an educator’s contract has been statutorily defined as a “question of law.” Because of technical legal rules allowing a school board more discretion regarding “questions of law,” this might mean that educators will have a much more difficult time prevailing in termination or nonrenewal hearings.

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Latitude with RIFs

Due to district complaints about budget shortfalls, the Legislature created exceptions to the usual educator due process protections, effectively easing the districts’ burden when reducing staff for

economic reasons. The following procedures apply only to actions resulting from a RIF. •P robationary contracts may be terminated mid-year under the rules generally applied to endof-year term contract nonrenewals.

This means that although a district is still required to show that good cause exists, the standard for what constitutes good cause has been lowered.

•C ontinuing contracts are treated much more like other contracts.

The long-standing requirement that seniority be the first consideration in RIF decisions has been removed—as has been the former requirement that a position under a continuing contract can only be RIFed at the end of the school year.

An educator with a continuing contract is still entitled to a hearing, but the hearing may, at the board’s discretion, be conducted before an independent hearing examiner or simply before the school board itself.

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Orientation to furloughs

Of the changes made by the 82nd Legislature, none is more consequential than the unprecedented creation of a specific statutory provision for furloughs of educators employed under contracts that otherwise guarantee them a certain number of workdays and an annual salary. Furloughs have long existed in other industries; talk of them has regularly appeared in news about the auto industry and temporary shutdowns of state and federal governments. But this is a new world for Texas public education.

atpe news

A furlough is an employer-designated day off, without pay, on a day that would have normally been a workday.

The purpose of a furlough is to reduce costs by sending an employee home and not paying the employee while the employee is idle.

The furlough policy adopted:

School districts have always had the legal right to furlough noncontract or “at-will” staff members; the law allows an employer the right to set and change an employee’s work schedule at its will unless some restriction had been placed on this prerogative. The certified educator’s employment contract, which sets, either directly or indirectly, a certain number of workdays and a certain annual salary, was just such an exception. The significance of the legislation is that it provides a school district an exception to the exception as long as it follows the required procedure; it allows a school district to change the terms of an educator’s contract by reducing the number of workdays and, most significantly, by reducing the annual salary by deducting the compensation for those workdays.

• May not provide a furlough day on a day of student instruction.

Because this is such a dramatic change, the Legislature was unusually detailed in creating specific requirements for what a district must do before a furlough. Prior to implementing a furlough, the district must adopt an explicit furlough policy. Prior to the creation of a furlough policy, a district must: • Provide a means for the involvement of the professional staff in the planning.

• Hold a public meeting of the school board under the same terms and with the same requirements described previously for a salary reduction.

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• Must limit the number of furlough days to no more than six.

• Must subject all contract personnel, teachers and administrators to the same number of furlough days.

• May not cause an increase in the number of teacher workdays. (The district cannot require teachers to work an additional day to “make up” for the furlough day.)

• May not allow a staff member to use personal, sick or other leave in order to be compensated for the furlough day.

• Must provide that any reduction in salary be equally distributed over the entire contract. (This is likely to be interpreted as over the remainder of the contract.)

• May allow a district to reduce an educator’s salary in proportion to the number of days reduced, if the policy complies with all legal requirements.

Prior to implementing a furlough, the commissioner of education must certify that the district will receive less state or local funding than the district received for the 2010-11 school year.

A furlough is not considered a break in service for Teacher Retirement System (TRS) purposes.

If a district adopts a furlough policy after the resignation deadline, teachers who subsequently resign may not be subject to SBEC sanctions for abandoning their contracts if they resign from the district.

The school board’s decision to implement a furlough cannot be appealed to the commissioner or to

the courts. A violation of the policy or law, however, could be appealed.

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Projections

As you can see, the 82nd Legislature as a whole proved itself to be less than a friend to Texas public education. Educators do have some tireless allies in the Legislature; however, they need the help of educators themselves in combating the siren song of lower spending at all costs. Public education’s legislative friends, our lobbyists, and the ATPE members and other educators who took the time to get involved can be credited with turning back bills that would have slashed education spending even more drastically, as well as eliminated class-size limits, the minimum salary schedule and required notice of nonrenewal.

Although more than a year remains before the 83rd legislative session begins, the election of the legislators who will make up that Legislature is much sooner. These men and women will determine the direction of public education. They will determine whether lawmakers will recognize the critical role of public education or whether they will prioritize budget cuts over students’ urgent needs. It is critical that educators remain vigilant and engaged and encourage their colleagues, families and friends to do the same. Legislators listen to their constituents. You have the power to chart our course. A The legal information provided in ATPE News is for general purposes only. It is not intended as a substitute for individual legal advice or the provision of legal services. Accessing this information does not create an attorney-client relationship.

Individual legal situations vary greatly, and readers should consult directly with an attorney. ATPE members should call (800) 777-ATPE or access the Member Legal Services Intake System (MLSIS) at www.atpe.org/protection.

atpe.org | 23

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atpe news

in Texas public education. As Texas stands poised to enter the era of STAAR testing, our schools are dealing with the reality of $5.4 billion in education budget cuts. For the first time in history, the Texas Legislature has failed to fund enrollment growth.

In an effort to record this moment in Texas education history, ATPE News invited its members to respond to the following question: Have the budget cuts made by the 82nd Legislature made an impact on your school?

If yes, how? The responses we received were equal parts heart breaking, infuriating and eye-opening.

But educators also wrote of newfound resilience among faculty and students. “The Legislature has caused us to bend, but we will not break!” a North Texas principal shared.

One Central Texas science teacher wrote: “My gut says you are asking this question too soon.” To that end, we have started a website where all Texas educators—not just ATPE members—may submit their reflections on the impact the education budget cuts have had on their schools. The website also gives us a place to share more stories from educators, as we received far more responses than we could print in the magazine.

Please visit http://atpereflections.wordpress.com, and please share this site with your colleagues, friends and family members. Every Texan needs to understand the challenges facing our schools. Nothing less than our future is at stake.

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Your guide to the

reflections Each educator submitting a reflection had to provide information on position held/subjects taught, geographic area and district description, as well as adhere to specific guidelines that are listed at http://atpereflections.wordpress.com.

Job Title/Position

Geographic area

Administrator

Austin area

Art/music/band teacher

Central Texas

Counselor

DFW Metroplex

Elementary teacher

East Texas

Librarian

Far West Texas (El Paso area)

Para-educator

Houston metro area

Physical education teacher

North Texas

Secondary teacher

Panhandle

Special education teacher, any level

San Antonio area

Special services educator (diagnostician, curriculum director, etc.)

South Texas

Student teacher/ teacher trainee

Southeast Texas

Unemployed/working in another field

West Texas (Abilene area)

University professor

West Texas (MidlandOdessa area)

Demographics Rural

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Suburban

Urban

“ We find the positive in the simplest forms” This is my ninth year teaching in public school, and it’s by far the hardest ever. Teachers are not getting supplemental help for insurance, which means a smaller paycheck. With funding for the arts cut, we are squeezing already tight schedules to fit in art and technology TEKS. The teachers have yet to be given a budget, so we are guessing that there isn’t one. This means we’ll be digging into our own pockets. Between answering emails, updating websites, entering grades and generating lesson plans, we have no choice but to do what teachers do best: Work under pressure.

Morale is a roller coaster, but if you peek into the lounge you will find laughter. More than ever teams are leaning on each other for support! We find the positive in the simplest forms— the parent who comes in to put packets together or the PTA that provides lunch. Yes, there have been cuts; but there is peace in knowing that we aren’t the only ones. I have to do a quick check and realize that I am not a teacher for me. I teach for the student. When that child hugs you at the end of the day and says, “I never want to leave,” I am not thinking about budget cuts. I am thinking, “I get to do this again tomorrow.”

—First-grade teacher, San Antonio area, urban

still moving forward I am in a very fortunate district with growth that has allowed [us] not to feel the effects as badly as other school districts in our area. Although we are in a better position, it is evident that our teachers and staff are far too stretched. With growth in enrollment, our offices and departments are working diligently to produce the same quality outcomes. There is so much burnout.

The reality is that school plays a huge part in a child’s life, and it is a constant for most children. Budget cuts affect schools and, ultimately, children. They affect field trips, they affect enrichment programs, they affect teacher budgets for creative activities, and they affect the push for technology updates.

Educators are in the middle class that has been hit the hardest.

We feel every penny leaving our paychecks. Even though this is the case, we are still the first to assist any child who comes into the classroom hungry and without supplies, who doesn’t have money for at least one book at book fair or money for the classroom party. Teachers are a very special class of people who are creative, fun and resourceful. But this latest budget cut just hurts—it hurts our programs and mostly our students.

Our campus this year tackled this early on. We discussed the inevitable and were presented with staff development ideas from Jon Gordon’s books The Energy Bus: 10 Rules to Fuel Your Life, Work, and Team with Positive Energy and The No Complaining Rule: Positive

atpe news

Ways to Deal with Negativity at Work. We had a fantastic staff development session where we spent a day that involved zip-lining, go-carts, a water slide and in-service sessions on how to educate with fewer funds. We discussed ways to make our work area and attitudes better in order to move our “bus” farther as a district, as a campus and in our personal lives. It was an awesome day. That was in August. My bus has had some stalling and has run into many obstacles, but I am determined to keep it moving forward.

I wish the state could understand how trying these times are, how so many children and families rely on schools for consistency in their lives, and how ultimately the best educated population will be the one that thrives in the future.

—Counselor, Houston metro area, suburban

ing, I still had no contract. I asked the principal to fill me in on the status of my placement. He told me that I “needed to keep an open mind and remain flexible” and that I would “be next in line for a contract.” The second week of teaching, I was informed that my district would be holding off on the contract for a while due to budget constraints, but that I was expected to continue teaching on a para-educator’s salary. I elected to resign because I have a family to support and could make a better living at an office in town. It is an unfortunate loss on both our parts because I was considered top of my class and received excellent recommendations as well as the highest marks on all of my evaluations in my internships and student teaching. I hope that the education crisis can be fixed so I, and many like me, might find a career in the field that I love and hold so dear.

—Educator not currently in the classroom, East Texas, suburban

“The Legislature has caused us to bend, but we will not break!”

2011 has not been kind to the Texas Legislature or to schools.

The economy is in terrible shape, and now school budgets everywhere are, too. The budget cuts have had an impact on our school, and it is quite negative. In the past two years, I have lost three teaching faculty, an assistant principal, a custodian and four aides. They constituted about 13 percent of my staff. The impact on those individuals is significant, of course. But the big impact on us is how hard an already-burdened staff must work. Now that class sizes have increased and we are coping without an assistant principal, we also clean cafeteria tables and dump trash cans at lunch. Our teachers are terrific, fabulous professionals, so they are looking for the silver lining and doing the best they can to stay positive every day. Luckily, the students do not seem adversely affected. The parent concerns center on the principal having to replace the crossing guard and emptying trash cans. In all, the Legislature has caused us to bend, but we will not break!

—Elementary school principal, North Texas, rural

facing career uncertainties I graduated in May 2011 with my degree in teaching. I anxiously anticipated my classroom, my students and my district placement. When I was hired by my district, I was told that my job description would have to be hammered out as I taught because the district could not afford to pay me the regular teacher salary.

Since I was so excited to have the position, I accepted happily.

After two weeks of teacher in-service and two weeks of teach-

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Students feel devalued by the state The budget cuts have had an impact on every school. I have tried to help my students understand that “necessary evils” exist in financial situations but that the wonderful thing we have going for us is that we are human ... we adapt! Although I love the challenge to my creativity as an educator, it can be difficult to have to tell the kids “there will be no field trips this year.” Or, if they ask about opportunities for speakers, tell them that we can’t afford them this year. In my understanding, it is not going to get any better in the next couple of years, so adapting is the only option I see. I worry that as society sees something as desperately important as education being drastically cut, despite the need for more education in order to be internationally competitive, we start to believe that the government does not have the right values for our country in mind. The kids have expressed how they feel less important to the government because of the budget cuts. I do believe this affects the learning environment on a subconscious level. Personally, I think the kids just want school to be as up-to-date and exciting as the rest of their lives.

With the budget cuts, it is hard to meet those demands, especially with respect to technology. I feel lucky enough to work in a district that has done well to meet these needs, but I know people in districts and schools that cannot.

Not meeting the demands provided by our already-low budget does nothing to help the battle over why students should value their own education. They feel devalued by the state. Many are devalued at home. And many struggle to see the value in attending school. I know budget cuts are not the cause of this condition, but I also know budget cuts are not the best solution to it.

—Geography, history, government and economics teacher, Dallas-Fort Worth metroplex, suburban

Visit http://atpereflections.wordpress.com to read more reflections and submit your own.

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The upside to new austerity measures The budget cuts of the 82nd Legislature have made austerity the key for our school and school district. Supplies are rationed, copiers have been downsized substantially, and staff workloads are heavier. On the positive side, differentiated education is the norm, not the exception. Administrators are being more demanding, creating a trickledown effect through teachers, which has caused our students to tend to the business of getting an education.

—High school teacher in multiple subjects, Houston metro area, urban

“Our staff responded to the crisis in a spirit of understanding and dedication” Our staff responded to the crisis in a spirit of understanding and dedication. Our preservice professional development was the most celebratory and happy start to the school year we have ever had. Because of our staff’s work to communicate with the community, our tax ratification election passed with 94 percent in favor of the proposition. Students are responding positively to the new rigor expected of them, although resources are inadequate. If I have to take a team and face unimaginable challenges, give me this staff every time.

—Superintendent, East Texas, rural

Loss of education investment is significant, but the ongoing lack of respect is exponentially worse My gut says you are asking this question way too soon in the school year. Or, at the very least, you should check in every three months or so. We lost teachers through buyouts, and some were not replaced, so we are dealing with that. I annually spend $1,000 or more of my own income on classroom materials, and I expect to spend more now. We lost retention bonuses and a bonus for not using sick pay. We were given a modest raise.

Overriding all of this is what our superintendant said last summer. He said that it doesn’t matter how the state devalues us and abandons us, the kids and their parents will arrive on the first day of school oblivious to our struggles, and we must continue to educate to the very best of our abilities.

What I feel is a continuing abandonment and disrespect. The loss of education investment is significant, but the ongoing lack of respect and appreciation is exponentially worse.

Morale is lower than it has ever been How could anything positive come out of the budget cuts?

Of course the only effects are very negative! We’ve lost teachers, and class sizes continue to increase as school districts are approved for class-size waivers. The morale is lower than I have ever experienced in my 12 years of teaching. While we are trying to adapt to the impact of these budget cuts, the stress level is very high and counterproductive to effective teaching. There is so much uncertainty about the future of the classroom and the security of our jobs as teachers. And now there is a new state-mandated test on top of everything else. Teachers feel that the STAAR tests will likely have a huge impact on who will be included in the next reduction in force, and that—as the financial picture remains grim—school districts will use this test as the single most important [and] sole criteria for judging the value and effectiveness of each teacher.

—Special education teacher, Dallas-Fort Worth metroplex, urban

Let us wait and see what transpires down the road. I guarantee that if educators are able to persevere, it will be the state politicians claiming the credit. You are asking too soon, but thank you for even asking.

—Fifth-grade science teacher, Central Texas, rural

28 | atpe.org

atpe news

“Our children will not be the ones to suffer”

“The biggest losers in all this mess are the kids” The budget cuts have had a negative impact in our district. To begin with, we had to cut desperately needed special education personnel. We are now down to two special education teachers and four aides responsible for a sixth- through eighth-grade junior high school of more than 500 students. This puts added responsibility on classroom teachers because we now have to meet the individual educational needs of ESL and ESL special education, GT and GT special education, regular education, and mainstreamed [students]. Just keeping up with individual accommodations is a full-time job. In addition, because the state has linked funding to classroom-passing numbers, we are also under intense pressure to make certain that the kids pass no matter what. We adapt by doing what teachers have always done and continue to do ... the best we can for each student.

However, we all feel that the biggest losers in all of this mess are the kids. Education is not about the children anymore. The budget cuts have affected overall morale and made teachers very frustrated. I don’t see very much positive morale. We are too busy to socialize, but when I visit with colleagues, no one is positive. Mostly we talk about retiring.

The budget cuts made by the 82nd Legislature did make an impact on our schools. Parents appear to resent the cuts. I have talked with many of our more than 600 parents, and they cannot understand why education was not a top consideration not to cut.

They are angry and want to know what the rationale was in Austin.

We have less and are asked to do more. But even though some educators have lost their positions in our district—and we grieve for them—we have become more energized not to let the concept of “do more with less” keep us from achieving the very highest for our students. Although many of us disagree that education was the place to cut funding, we are determined that our children will not be the ones to suffer. I hope that our governor and our legislators will see that education is still the highest calling and that Texas has a long way to go before we have climbed the ladder to put Texas at the top. A state that is as rich in people and money as Texas should never be 37th or 38th in education. We should be No. 1. Educators in Texas are still determined that we will be, and we work every day to make that a reality, no matter how much the state government cuts. In our district we share more and fill in for each other to cover the cost of supplies, effort and classroom instruction. We will maintain and even surpass our efforts.

—Counselor, Southeast Texas, rural

—Sixth-grade English teacher, Southeast Texas, rural

THE BUDGET CUTS HAVE ONLY CHALLENGED ME TO BE MORE COMMITTED TO THIS CALLING “this will only put us further behind” Instead of working to find innovative ways for children to learn, educators have spent the spring and summer hoping that their positions would not be vacated in the budget crisis. Positive morale is hard to keep up, no matter how hard the school administration tries. When you are talking about someone’s career ending because of funding, it gets serious. We never thought we would see the day when teachers were being laid off or let go due to budget cuts. Austin needs to wake up and make this right.

The education of our children depends on it. America is already falling behind other countries in education, and this will only put us further behind. We adapt by adding more students, using paraprofessionals and being creative when scheduling inclusion classes. Parents, students and educators are begging for relief!

—Special education teacher, Houston metro area, suburban

The budget cuts and 82nd Legislature have impacted the state of Texas in many ways, but for me it’s personal. These events have made me stop and evaluate my dedication and passion for teaching. It’s only been six weeks, but the budget cuts and decisions made by the 82nd Legislature are here—and they are real. They affect real schools, real teachers and, more importantly, real kids.

The reality is that as an education system, we are going to have to use this hurtle as an opportunity to be more passionate, more creative and more responsible with resources. For me, I have searched my heart to find out why I teach. I do it because I’m good at it, and because I think providing vital knowledge to the next generation is a noble profession. As a mother of three boys (ages 1, 5 and 11), I do it because I love my own children and their friends. Even if the state lawmakers don’t think it is crucial to invest in our students, I do. And I will continue to invest in them. The bottom line is that I am proud to be an active advocate and ambassador for the children and education system of Texas. The budget cuts and recent legislation have only challenged me to be more committed to this calling.

—High school social studies teacher, East Texas, rural A

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atpe news

Save on holiday travel with ATPE Over the river and through the woods, with ATPE we go!

Make your next trip to Grandma’s more wallet-friendly using your ATPE travel discounts. ATPE members save on: • Auto rental at Avis®, Alamo®, National Car Rental and Enterprise Rent-A-Car. • Hotel stays at Comfort Inn®, Comfort Suites®, Quality®, Sleep Inn®, Clarion®, MainStay Suites®, Econo Lodge®, Suburban Extended Stay®, Rodeway Inn® brands and Ascend Collection® properties, La Quinta Inns and Suites, Baymont Inns and Suites®, Days Inn®, Hawthorne Suites by Wyndham®, Howard Johnson®, Knights Inn®, Microtel Inns and Suites®, Ramada®, Super 8®, Travelodge®, Wingate® by Wyndham, and Wyndham Hotels and Resorts®.

Download the free ATPE Mobile App through iTunes or the Android Market so you’ll have access to ATPE discount information on the go!

Log in to the Services and Discounts page at www.atpe.org/Resources/ServicesAndDiscounts/ for access codes and reservation links.

ATPE + KASE = A+ partnership ATPE has teamed up with an Austin radio station to honor outstanding teachers in the Austin area. Each week until May, country music station KASE 101 will recognize an educator live on the air as its Teacher of the Week. The feature is sponsored by ATPE and Lawyer Referral Services of Central Texas.

KASE listeners can nominate their favorite teacher of any grade level to be Teacher of the Week. The winning teacher is selected by the KASE morning show hosts, who read the winner’s nomination letter on the air. Every winner receives a $25 H-E-B grocery gift card from Lawyer Referral Services and an ATPE goodie bag, which includes Target and Starbucks gift cards as well as ATPE promotional items.

“ATPE loves to recognize great educators,” ATPE Media Relations Specialist Ashley Anthony says.

“Educators need to know just how much their work is appreciated.

We want them to feel inspired to keep making a difference.”

30 | atpe.org

“The soul of the association” The Board of Directors affirms the ATPE tenets and vision When many ATPE members think of their professional association, they think of only one service: on-the-job protection. What they don’t realize is that ATPE’s provision of that service is based on two documents that capture the philosophies of ATPE’s founding members: the ATPE vision statement and the ATPE tenets.

“The vision statement gives us a common umbrella,” explains Alan Bookman, ATPE deputy executive director. “The tenets remind us we have depth and purpose. They are the soul of the association.”

The ATPE Board of Directors (BOD) recently completed a multi-step examination of three documents: the ATPE vision statement; the tenets, which were originally adopted by the ATPE House of Delegates in 2001; and the ATPE strategic plan, which outlines the BOD’s goals for the association and serves as a template for the ATPE staff.

The process began in fall 2010 with a review of the existing statements. BOD members and state committee members were surveyed about ATPE’s philosophies and goals, and at the May 2011 BOD meeting, board members participated in work groups facilitated by a third-party consultant. The outcome of those work groups was reviewed by BOD members during the ATPE Summit, and the board finalized revisions to the vision statement and tenets at its August meeting.

“The approach was tweaking, not rewriting,” Bookman says. “The board wanted to affirm that the goals still have viability.”

Educators can take their ATPE membership to the next level by learning about the tenets.

“The tenets help members form connections with us,” Bookman says. “And for staff, the tenets remind us that we are working toward a purpose, not just selling something.”

atpe news

© touch screen phone/Thomas Northcut/TPhotodisc/Thinkstock; Classic radio/iStockphoto/Thinkstock

your association

The ATPE Vision Statement As revised by the ATPE Board of Directors, August 2011

ATPE is the preeminent public educator association in Texas and makes a difference in the lives of educators and schoolchildren. In partnership with all stakeholders, we are committed to providing every child an equal opportunity to receive an exemplary education.

The ATPE Tenets

As revised by the ATPE Board of Directors, August 2011 These overall principles have guided ATPE since its inception and will guide the association to future success. Turn to page 35 for the first in a new ATPE News series examining each of the tenets.

Professionalism

All-Inclusive

ATPE members are committed to making positive contributions to the education profession and the lives of students by: • Maintaining personal and professional dignity by respecting and obeying the law, demonstrating personal integrity, and exemplifying honesty and ethical behavior; and • Assuming the responsibilities for professional teaching practices and performance.

ATPE members believe all members of the public education community (including teachers, administrators, paraprofessionals, retirees, teacher trainees, college students and the public) should be invited to join ATPE.

Member-Owned/Member-Governed ATPE members guide the Association through their elected local, region and Board of Directors representatives and participation at the annual House of Delegates.

Right to Work/Oppose Strikes ATPE members believe: • Educators have the right to teach without being forced to join any particular organization; and • Strikes or work stoppages are detrimental to children, the community and the profession.

Superior Services to Members ATPE members believe their Association should provide superior services and benefits to its members through a dedicated professional staff.

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Leadership ATPE members believe they have an obligation to be effective, proactive leaders in the field of education while representing themselves and their profession.

Collaborative ATPE members believe in working with others to advocate positive solutions to education issues facing public education today.

Issues-Oriented Advocacy ATPE members determine and advocate a platform of education issues in accordance with ATPE philosophy in a proactive, professional manner.

Independent Association ATPE members believe ATPE should maintain its autonomy while collaborating with other groups throughout Texas and the nation.

Local Control of Public Schools ATPE members support local public control of the local public school system through the elections of school board members and involvement of local community members.

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atpe news

ATPE and the Texas Computer Education Association (TCEA) are once again teaming up to expand the professional learning opportunities available to ATPE members.

Webinars for free Through ATPE’s collaboration with TCEA, ATPE members may register for the following webinars at no cost: • Dec. 14—Apps for Special Needs Students.

• Jan. 18—Enhancing Literacy with eBooks and eReaders.

• Feb. 29—Gaming in Education.

• March 7—Safe Social Networking for Students.

• April 11—Web 2.0 Tools for Everyone.

• May 23—Apps for Elementary Students.

• June 20—Scratch Your Students’ Itch for Robotics!

Do You Google? ATPE luncheon at the TCEA convention Are you attending the 2012 TCEA Annual Convention & Exposition Feb. 6–10 in Austin? ATPE members and TCEA convention attendees are invited to a special luncheon and presentation by Google Certified presenter Monica Martinez.

The luncheon will take place from 11:30 a.m.–1:30 p.m.

Feb. 8, and the cost is $50. Register for Do You Google? at www.tcea2012.org/register. Premium- or Basic-category registrants may sign up for this ATPE luncheon.

For registration information, please visit www.atpe.org/Resources/ProfessionalDevelopment.

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32 | atpe.org

convention &exposition 10/13/11 3:15 PM

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ATPE and TCEA bring ed tech info to you

foundation news

your association

Apply for $1,000 literacy grants Through the Beth Ann Rogers Literacy Initiative, the ATPE Foundation provides $1,000 grants to Texas public school libraries to purchase literacy materials and modernize literacy resources. Five grants will be awarded during the 2011-12 school year. View the grant’s criteria, guidelines and application at www.atpefoundation.org. Applications must be postmarked by Feb. 1, 2012.

Introducing The ATPE Foundation is proud to announce the creation of Enrich, an e-newsletter covering the foundation’s continuing commitment to advancing public education and providing for the successes of Texas public schoolchildren through literacy initiatives, technology programs, and educator recruitment and retention efforts. Read Enrich at www.atpefoundation.org/ENewsletter.aspx.

© stack of book with ribbon like a gift/ISTOCKPHOTO/Thinkstock

The perfect gift Are you looking for a special way to show your appreciation to colleagues or administrators this holiday season? How about making donations in their honor to the ATPE Foundation? All donations are tax-deductible, and the money benefits a great cause—supporting literacy, technology, and educator recruitment and retention programs in Texas public schools. Visit www.atpefoundation.org to donate.

The ATPE Foundation is registered in Texas as a nonprofit corporation and is a public charity exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code.

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your association

foundation news

Aces for public education A look back at the 2011 ATPE Foundation Golf Tournament

The first-place team (Keith Bonham, Darrell Guess, Ronnie Porfirio and Jerry Jolley) celebrates.

Most of us will never hit a hole-in-one, but we can all be aces at a tournament where birdies and bogeys put books in children’s hands. This was the case at the 2011 ATPE Foundation Golf Tournament, a four-person scramble held Oct. 21 at Teravista Golf Club in Round Rock. Seventy-two players participated in the foundation’s second golf tournament, which raised more than $40,000 in cash and in-kind donations. That’s a 20-percent increase in fundraising from the 2010 tournament.

All tournament proceeds support the foundation’s literacy, technology, and educator recruitment and retention initiatives in Texas public schools.

San Antonio ATPE member Byron Hildebrand takes a swing.

Austin Toros mascot Da Bull wishes Travis Robinett good luck.

Special thanks to our sponsors Presenting Sponsor Brim, Arnett, Robinett, Conners & McCormick PC Gold Sponsor Freeman Audio Visual Solutions Silver Sponsors Region 1 ATPE Capital Spectrum Communication Specialists Diversified Nonprofit Services Frost Bank Ginny’s Printing How Frels Rhode Woods and Duke PC McQueary, Henry, Bowles, Troy Willis of Texas

34 | atpe.org

Tee Box Sponsors Atchley & Associates ATPE Board of Directors ATPE state office staff Graves, Dougherty, Hearon & Moody Lungwitz & Lungwitz PC McKinstry Region 4 ATPE Region 6 ATPE Region 8 ATPE Region 10 ATPE Region 11 ATPE Region 12 ATPE Region 13 ATPE Region 17 ATPE Region 20 ATPE Smart-reg International Inc. Tribridge

In-kind Sponsors Austin Convention and Visitors Bureau Austin Marriott North Austin Toros BuildASign.com Freeman Décor Golf Ranch Golfsmith Holiday Inn Town Lake Hyatt Regency Austin La Quinta Inns and Suites Nationwide Insurance Suddenlink Communications

atpe news

tenet focus

10 ATPE tenets

Professionalism

Member-Owned/ Member-Governed

Right to Work/ Oppose Strikes

Superior Services to Members

All-Inclusive

Leadership

Collaborative

Issues-Oriented Advocacy

Independent Association

Local Control of Public Schools

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your association

The first in a series exploring ATPE’s 10 tenets ATPE was founded in April 1980 with a distinct set of philosophies. In this ATPE News series, we’ll take an in-depth look at each of ATPE’s 10 tenets and explain how they act as the building blocks of the association. (Read more on pages 30-31.)

Issues-oriented advocacy ATPE members determine and advocate a platform of education issues in accordance with ATPE philosophy in a proactive, professional manner.

ATPE doesn’t endorse candidates; we believe in providing our members with comprehensive information on where candidates stand on key issues so that the members can make the most educated votes possible. The ATPE lobby team forms relationships with lawmakers who work for the benefit of Texas public education. And through the ATPE Political Action Committee (ATPE-PAC), we support officeholders and candidates that support public education and our philosophies, regardless of political party affiliation.

This tenet came to life Aug. 24 when two ATPE advocates were interviewed on two talk shows at opposite ends of the political spectrum. ATPE Governmental Relations Director Brock Gregg was a guest on The Laura Ingraham Show, a conservative talk radio show, and Region 20 ATPE President Tina Briones was a guest on MSNBC’s The Ed Show, a television program with a liberal bent.

Gregg’s interview was prompted by a Washington Post article that featured ATPE’s testimony in favor of a bill prohibiting police from issuing tickets to students for violations of school policy. “I talked about the possible harm these tickets can do to students and how the tickets could affect them later in life,” Gregg says. “It’s always great to be able to talk about our priorities on a national level. Getting the word out is important.”

On The Ed Show, Briones was asked about the effects of the 82nd Legislature’s education budget cuts, particularly on educators facing class-size increases. “It’s hard to deal with,” Briones said. “However, most teachers in Texas are doing the best they can.”

The budget cuts caught The Ed Show’s attention because of Gov. Rick Perry’s presidential aspirations. Briones stayed true to ATPE’s tenets by keeping the focus on students, not political parties or personalities.

“I spoke on the impact teachers, students and districts were/are faced with [due to budget cuts],” Briones says. “[Ed] tried to persuade me to speak ill of Gov. Perry. I did not acquiesce.”

Look to the next issue of ATPE News for information on ATPE’s member-owned, membergoverned tenet.

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your association

kudos

Bravo, ATPE members

Congratulations to all ATPE members who go the extra mile to achieve great heights in their field.

BIRDVILLE

HUNTINGTON

PLANO

Trudie Byers, an English teacher at Richland High School, was named Region 9 ESC’s Secondary Teacher of the Year in August.

In October, Huntington Middle School eighth-grade social studies teacher Geoffrey Gregory was given a Golden Apple by the Lufkin/Angelina County Chamber of Commerce. He is one of six of Angelina County’s top teachers of 2011.

In September, Plano West Senior High School Advanced Placement statistics teacher Kathy Fritz received a Texas Instruments Foundation Innovations in Science, Technology, Engineering and Math Teaching Award.

HURST-EULESS-BEDFORD

SPEARMAN

Trinity High School math teacher Jill Stevens was selected as a 2011 secondary mathematics finalist for the Presidential Awards for Excellence in Mathematics and Science Teaching.

In August, Kristi Ramon, a first-grade reading intervention teacher at Gus Birdwell Elementary School, was named the National Rural Teacher of the Year by the National Rural Education Association.

KILLEEN

VICTORIA

Bellaire Elementary School fourth-grade science teacher Jane Apodaca was named Region 12 ESC’s Elementary Teacher of the Year in August.

Aloe Elementary School kindergarten teacher Cryston Fromme was named a Victoria Advocate Top Teacher in September.

NACOGDOCHES

Marta Perez, a Weslaco High School educator, was named Region 1 ESC’s Special Education Teacher of the Year in July.

CONROE Kaufman Elementary School third-grade teacher Kristen Belcher was named the June 2011 Trucker Buddy Teacher of the Month.

CORPUS CHRISTI In August, Tom Martin, a fifth-grade teacher at Zavala Special Emphasis School, was named Region 2 ESC’s Elementary Teacher of the Year.

DALLAS Wilson High School biology teacher John Long received a Texas Instruments Foundation Innovations in Science, Technology, Engineering and Math Teaching Award in September.

ECTOR COUNTY Adonica Galindo, a kindergarten teacher at Noel Elementary School, was selected as her school’s Teacher of the Year in July.

HUMBLE Tanya Hulett, a science teacher at Humble High School, was the first Texas secondary teacher to complete the training necessary to teach a new online high school course called “Earth to Space Science.” The training, provided by the Harris County Department of Education, was funded by a NASA grant.

The course will deliver lessons on engineering and technology.

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Nettie Marshall Elementary School fifth-grade teacher Tina Bittick was the recipient of the Nacogdoches ISD Anne K. Wallace Grant for use in continuing education.

Nacogdoches High School soccer coach Gari Dial was selected as the district’s Coach of the Year for girls’ soccer.

PASADENA

WESLACO

WILLIS Turner Elementary School second-grade teacher Judi Thomas was named the 2010-11 CSCOPE Outstanding Elementary Teacher of the Year by Region 6 ESC. Her feedback helped refine the CSCOPE curriculum.

Julie Archer, Park View Intermediate School sixth-grade science teacher, took a recent 16-day trip through Texas, New Mexico and Colorado as part of Texas A&M University’s College of Geoscience’s G-Camp. The trip provided participants with in-depth information on earth sciences through lectures from geoscience professors, Q-and-A sessions and specimen collection.

atpe news

2011 Texas Teachers of the Year Half of Texas’ finalists for Teacher of the Year were ATPE members. At the October presentation for the state’s top education award, Round Rock High School reading teacher Stephanie Stobe was named the winner in the secondary category.

The other ATPE finalists were: Stephanie Stobe (right)

• Erika Pierson, who teaches first grade at Live Oak Elementary School in Round Rock ISD, in the elementary school category.

• Tracy Pippins, who teaches chemistry and biology at Graham High School in Graham ISD, in the secondary category.

f

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Be recognized

for your efforts If you know an ATPE member who deserves recognition (it could even be you!), let us know. Kudos covers awards, scholarships and other education-related achievements only; promotions, retirements and noneducation-related personal achievements will not be included.

Email Kudos to ATPE Communications at comm@atpe.org, or send them to ATPE News, 305 E. Huntland Dr., Ste 300, Austin, TX 78752-3792.

Connect with ATPE on Facebook and Twitter www.facebook.com/OfficialATPE www.twitter.com/OfficialATPE

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your association

family album

Supporting Your Freedom to Teach Week winners SM

Waxahachie–Keith McLemore

Waxahachie–Courtesy of Angie Hill

ATPE leaders across Texas celebrated Supporting Your Freedom to TeachSM Week Aug. 22–26. Each year, ATPE designates the last full week of August as a time for ATPE local units to express appreciation for educators. Leaders are asked to find creative ways to share ATPE’s message on their campuses. This year, those who submitted photos of their efforts were entered in a drawing for $750 school library donations and faculty pizza parties. Here’s how the four winners celebrated the freedom to teach.

Waxahachie (Shackelford)

One of Waxahachie ATPE’s two winners is Cheryl Mitchell, the local unit’s membership chair. The faculty on Mitchell’s campus, Northside Elementary, enjoyed two celebrations: a dessert social during Supporting Your Freedom to TeachSM Week and its pizza party Oct. 10.

The Shackelford Elementary faculty prepares to enjoy a sweet treat courtesy of Waxahachie ATPE campus rep Angie Hill. More than 30 staff members participated in Hill’s celebration, and they are now making a list of books to purchase with their $750 school library donation.

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Garland–Greg Platt

Irving–Courtesy of Gary Schepf

Waxahachie (Northside)

Irving

Garland

Jack E. Singley Academy staff members partake in a Texas favorite: Dr Pepper and Blue Bell ice cream floats. Most asked, “When will we do this again?” Sounds like Irving ATPE Vice President Gary Schepf has started a new backto-school tradition.

This bucket used to contain chocolates, according to Garland ATPE Past President Greg Platt. “It went fast!” he reported with his prize-winning entry. In addition to preparing this display of ATPE information, Platt offered firsthand accounts of his positive experiences with ATPE.

atpe news

welcome back CENTER ATPE in Region 7 has reactivated. President Joyce Jackson and Secretary Angela Lawson lead the 42-member local unit.

<PHOTO/BYLINE Credit>

Region 5–Courtesy of Joplin Schools

GIDDINGS ATPE has reactivated.

The Region 13 local unit has 28 members and is led by President Phyllis Simmonds, Secretary Hope Holman and Treasurer Cody Morse.

Region 5 Angie Besendorfer, assistant superintendent of the Joplin, Mo., school system, accepts a donation from Region 5 ATPE Treasurer Sue Allen.

With this donation, Region 5 ATPE adopted two Joplin classrooms working to recover from the devastating tornado endured by the Joplin community May 22. Donate and learn more at http://brightfuturesjoplin.org/.

IOLA ATPE in Region 6 has reactivated. President Debra Graham and Treasurer Josephine Miller lead the 22-member local unit.

TEXAS A&M UNIVERSITY–CORPUS CHRISTI ATPE has reactivated. The Region 2 local unit has 199 members and is led by President Katie Belser, Vice Presidents Kristina Longoria and Katie Herrera, Secretary Jessyca Dendy, Treasurer Danielle Espinoza, Historian Valerie Diaz, and Sponsors Melissa McConnell and Rodney McConnell.

highlights

Ysleta–Kathy Lanfer

REGION 4 ATPE (which has a new moniker: “The Big 4”) held its fall general membership meeting Oct. 15 at the Houston Museum of Natural Science. During the meeting, leaders announced the recipients of the region’s 2011 grant and professional scholarship programs:

Ysleta Ysleta ATPE campus reps multitask during the local unit’s Spa Day Aug. 10. During this innovative campus rep event, the local unit passed out membership materials and treated volunteers to a light lunch and pedicures at Touch Day Spa.

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• Apple Grant 4 Kids—Celeste Burns, Sweeny; Uchenna Emenaha, Alief; Kelley Henderson, Sweeny; Mary Jane Meyer, Alvin; Ellie Najman, Fort Bend; and Cecille Stitt, Humble.

• S cholarships—Carmela Garcia, Galena Park; Pamela Huggins, Dayton; and Joshua McLain, Fort Bend. atpe.org | 39

your association

Thank you for your donation!

Alief Julie Sanders

atpe-pac honor roll

The following ATPE members donated $50 or more to ATPEâ&#x20AC;&#x2122;s Political Action Committee (ATPE-PAC) between June and September 2011.

Jane Via Nichole Waggoner

Lackland Rosemary Carrion

North East Olga Rubio

Spring Branch Cindy Woods

Alvin Ron Fitzwater

Crowley Elaine Basham Jeannie Evans Diane Pokluda

Gatesville Skip Omenson

Lake Worth Shirley Crow

Stanton Teresa Griffin

Amarillo Shane Whitten

Cypress-Fairbanks Stephanie Bailey

Goliad Yvonne Meharg

Arlington Carole Lemonds

Dallas Dianne Reed Gayland Sims Beverly Stone

Grand Saline Nan Bryant

Lampasas Sherry Boultinghouse

Northside (20) Sarah Alejandro Cassandra Carter Kathy Day David de la Garza Vickie Earhart Barbara Haines Cynthia Sloan Lynda Stark

Austin Marcy McNeil Ballinger Shannon Caughron Bastrop Chris Hansen Beaumont Kirk Brown Bickie Coffey Glen Rabalais Patrice Rabalais Rhonda Schell Mary Beth Woodall Birdville Shari Emmons William Monty Boerne Bob Beckett Richard Wiggins

Dallas Baptist University Judy Abercrombie Del Valle Mary Hopkins Debbie LuciewNelson

Duncanville Gail Loski Kaye Oliverio

Humble Yvonne Waggoner

East Central Sandra Garcia Bernadette Navarro ESC 11 Marcia Williams

Brownsville Jose Garza

Ennis Lonnie Buchanan Mary Dowell Carolyn Huebel

Burleson Mary Bryan

Fort Bend Kathy Aaron Cathy Duvall

Carrollton-Farmers Branch Nichie Hoskins

Fort Worth Steve Pokluda

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Holliday Sandy Riddles Houston Ann Petrillo

Eldorado Jennifer Lilly

Corpus Christi Monica GonzalezRios Rose Perez

Harlandale Jennifer Hill Marsha Huggins Elizabeth Lynn

Donna Araceli Garcia

Bowie Toni Stone

Bryan Sallie McGehee

Hale Center Diane McLaurin

Fredericksburg Rhonda Eckert Garland Angie Arey Julia Lepek Jed Reed

Huntsville Sandra Bounds Brenda Lynch Irving Deb Bellew Michelle Harris Connie Kilday Sharon Phares Gary Schepf Jacksboro Elizabeth Reynolds Katy Janet Charpiot Killeen Alice Page Katherine Paris Eileen Walcik Melissa Walcik Ron Walcik Sharon Woody La Vega Dennis Hataway La Vernia Clay Bordner

Leander Carol Nelson Jayne Serna

State office Brock Gregg Amy White Tyler Betty Berndt Waco Christina Carson Sandra Oâ&#x20AC;&#x2122;Connor Patty Reneau Jane Sykes

Lewisville Meredith Bowman Samantha Castillo Tim Fogarty Karen Hames

Olney Becky Spurlock

Lumberton Jackie Arthur

Pflugerville Greg Vidal

Warren Sue Allen Bill Moye

Lytle Leslie Pedrotti Irene Robbins

Pittsburg Gay Cooley

Waxahachie Kim Kriegel

Plano Ken Eckler Jill Gipson Shirley Sadowski Dennise Schuler

Weslaco Hector Cruz Roger Gutierrez

Maypearl Debbie Martin McAllen Dwight Smith Medina Valley Bertha Benedetti Mesquite Jerry Bonham Carol Davies Carl Garner Barbara Jo Green Janice Houston Debbie Massey Ashley Rideout Kay Young Midway (12) Barbara Belk Jason Forbis Nacogdoches Katherine Whitbeck Nacogdoches County Co-op Ginger Franks

Paris Abby Rogers

Region 6 Labana Berry Region 16 Deryl Elms Region 17 Patricia Verett Robinson Lynn Allen Mary Betke San Antonio Byron Hildebrand Annie Perez Carlos Perez Laura Purchis Nelly Rosales-Nino Sherman Charrie Waters Spring Alvin Vavra

West Janice Hornsby Sue Melton Whiteface Cindy Chapman Willacy County Pat Brashear Woden Malinda Holzapfel Ysleta Jennifer Adams Learn more about ATPE-PAC and make donations at www.atpe.org/ Advocacy/ ATPEPAC/pac.asp.

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Who will protect you?

T

he 2010-11 school year went down in history as a tough one. If you’re an educator, it is almost certain that you had to say goodbye to someone on your campus or in your district whose position was cut due to the statewide budget cuts. Last year, ATPE members with access to a superior benefits package were relieved to find the legal support they needed to navigate these treacherous waters. Although not every job can be saved, ATPE members can feel confident going forward that they have a dedicated lobby team working to minimize the impact on the legislative side and an equally dedicated legal team supporting eligible members individually.

The details of your protection benefits are outlined in the summary of the 2011-12 Educators Professional Liability Insurance Policy* on the following pages. Please read the summary carefully, and save it for future reference.

Policy highlights include: • Up to $8 million per claim and aggregate in liability insurance, with a $2 million claim limit for violation of students’ civil rights, plus defense costs.

• Up to $20,000 aggregate for employment rights defense with a $10,000 per-claim limit, win or lose.

• Additional $5,000 per claim for favorable-outcome certification and termination claims.

• Up to $10,000 aggregate for criminal defense, win or lose.

• Up to $5,000 per claim for bail bond reimbursement.

• Up to $10,000 aggregate for successful appeals beyond the school board or commissioner of education.

In addition to the above insured benefits, ATPE maintains a staff of 11 full-time attorneys who are available to assist eligible members with professional concerns.

Claims Procedure Except for situations necessitating immediate representation by a private-practice criminal defense attorney, eligible ATPE members must contact the ATPE Member Legal Services Department at (800) 777-ATPE from 8 a.m.–5 p.m. Monday–Friday for legal assistance with employment concerns. In some cases, eligible ATPE members are referred to private-practice attorneys on the approved list (see below).

Except for criminal defense, only fees from attorneys and law firms approved by National Union Fire Insurance Co. of Pittsburgh, Pa., may be covered. If members retain attorneys in private practice, they must comply with the claims procedure set forth by ATPE. To access benefits, you must be an eligible member at the time of the activity that leads to the action against you.

For assistance, members should call (800) 777-ATPE. The Educators Professional Liability Insurance Policy is underwritten by National Union Fire Insurance Co. of Pittsburgh, Pa., with more than $12 billion in net surplus and more than $32 billion in total admitted assets as of Dec. 31, 2010. The insurer may not be subject to all insurance laws and regulations of this state. The foregoing notice is provided pursuant to Texas Insurance Code Article 21.54. ALL COVERAGE IS SUBJECT TO THE EXPRESS TERMS OF THE MASTER INSURANCE POLICY ISSUED TO ATPE AND KEPT ON FILE AT THE ATPE STATE OFFICE. Coverage applies to an insured’s activities within his/her professional capacity and does not apply to activities that predate the coverage period. The insurance policy summary may be viewed at www.atpe.org/protection. Eligibility for ATPE membership benefits is contingent upon ATPE’s receipt of the entire annual membership dues amount for your appropriate membership category. A disruption in payments to an authorized payment plan may result in discontinuation of such benefits, including cancellation of insurance coverage for the entire membership year, retroactive to Aug. 1 or your membership date. ATPE reserves the right to determine the appropriate membership category.

*

The insurance company approves the following attorneys and firms:

Attorneys and law firms are selected using the following criteria:

• Birdsong and Armstrong PC • Brim, Arnett, Robinett, Conners & McCormick PC

• Quality of services and responsiveness to clients’ and ATPE’s needs, as demonstrated by user feedback.

• Daniel Ortiz

• Efficiency, billing practices and compliance with claims procedures.

• How Frels Rohde Woods & Duke

• Competitive rates.

• Langley & Banack Inc.

• Availability and geographic location of practice.

• The Law Offices of James Darnell

• Ability to constructively interact with all components of the program.

• The Law Offices of Ruben Peña

• Cooperation with the claims administrator and insurance carrier.

• Lungwitz & Lungwitz PC

• Philosophy and approach compatible with those of ATPE.

• Oscar Alvarez

• Demonstrated sound judgment.

• Shane Goetz Law Office

• Adequate professional liability insurance as determined by the company.

• Tritico & Rainey LLP • Watson, Caraway, Midkiff & Luningham LLP

The approved list above is subject to change at any time and without notice.

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• Experience in education and employment law.

ATPE members may submit recommendations for attorneys to be considered for approval to: Chartis, Jorge Godreau, Mainstream Director, Errors & Omissions/Financial Lines Claims, 175 Water Street, 8th Floor, New York, NY 10038. atpe.org | 41

IMPORTANT NOTICE

Aviso Importante

To obtain information or make a complaint: You may call the Company’s toll-free telephone number for information or to make a complaint at: 1-800-553-6938

Para obtener informacion o para someter una queja: Usted puede llamar al numero de teléfono gratis de la compania para informacion o para someter una queja al: 1-800-533-6938

You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or complaints at: 1-800-252-3439

Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439

You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us Premium or Claim Disputes: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance.

Attach this notice to your policy: This notice is for information only and does not become a part of the attached document.

Puede escribir al Departamento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us Disputas sobre primas o reclamos Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI).

Una este a viso a su poliza: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto.

94396 (4/07)

ASSOCIATION OF TEXAS PROFESSIONAL EDUCATORS EDUCATORS PROFESSIONAL LIABILITY INSURANCE Underwritten By NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA.* This insurance is only available to eligible members of the Association of Texas Professional Educators (ATPE) through a Purchasing Group. All coverage provided under the terms of the Educators Professional Liability Insurance Policy in the event of a loss or occurrence is subject to the express terms of the Master insurance policy issued to ATPE by National Union Fire Insurance Company of Pittsburgh, Pa. (NUFIC) and kept on file with ATPE, including all terms, conditions, exclusions and endorsements. The following is a summary provided by ATPE of the policy issued to ATPE.** The endorsements and/or provisions that form a part of the policy but which are not reproduced herein include: Rate and Premium, Policy Holder Notice 91222(12/09), ATPEDIV(2/99), Notice 53365, Choice of Counsel.

DECLARATIONS POLICY NUMBER: 01-615-47-29 ITEM 1. NAMED INSURED: ASSOCIATION OF TEXAS PROFESSIONAL EDUCATORS MAILING ADDRESS: 305 E. HUNTLAND DRIVE SUITE 300 AUSTIN, TX 78752-3792

ITEM 2. POLICY PERIOD: From: August 1, 2011 (12:01 A.M. standard time at the address stated in Item 1. above) To: August 1, 2012 (12:01 A.M. standard time at the address stated in Item 1. above).

ITEM 3. LIMITS OF LIABILITY: Coverage A $ 8,000,000 per Insured per occurrence subject to

$ 2,000,000 per Insured per occurrence for civil rights claims

$ 8,000,000 aggregate per Insured Coverage B $ 10,000 per claim per Insured under B(1)(a)

$ 20,000 aggregate per Insured under B(1)(a)

$ 10,000 per claim and aggregate per Insured under B(1)(b)

$ 5,000 per claim per Insured under B(1)(c)

$ 10,000 aggregate per Insured under B(1)(c)

$ 10,000 per claim and aggregate per Insured under B(2) $ 200,000 aggregate for any class action suit subject to the limit per claim and aggregate limit per Insured under B(1a) Coverage C $ 5,000 per Bail Bond per Insured.

Coverage D $ 2,500 per claim per Insured.

Coverage E $ 2,500 per claim per Insured subject to:

$ 2,500 aggregate per Insured

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The Company agrees with the Insured, named in the Declarations made a part hereof, in consideration of payment of the premium and subject to the limits of liability, exclusions, conditions and other terms of this policy;

INSURING AGREEMENTS Coverage A - Liability Coverage To pay on behalf of the Insured all sums, in excess of any other valid and collectible insurance, including but not limited to, the Insured’s employers general liability or errors and omissions coverage, which the Insured shall become obligated to pay by reason of liability imposed by law for damages resulting from any claim made against the Insured arising out of an occurrence in the course of the activities of an Insured in his/her professional capacity [as set out in definition (b)] and caused by any acts or omissions of the Insured or any other person for whose acts the Insured is legally liable, and the Company shall defend any suit seeking damages on account thereof which are payable under the terms of this policy, even if such suit be groundless, false or fraudulent; but the Company may make such investigation, negotiation and settlement of any claim or suit as it may deem expedient.

In the event no other valid and collectible insurance exists this policy shall pay on behalf of the Insured all sums which the Insured shall become obligated to pay by reason of liability imposed by law for damages resulting from any claim made against the Insured arising out of an occurrence in the course of the activities of an Insured in his/her professional capacity [as set out in definition (b)] and caused by any acts or omissions of the Insured or any other person for whose acts the Insured is legally liable, and the Company shall defend any suit seeking damages on account thereof which are payable under the terms of this policy, even if such suit be groundless, false or fraudulent; but the Company may make such investigation, negotiation and settlement of any claim or suit as it may deem expedient.

Coverage B - Reimbursement of Attorney Fees (1) T o reimburse an Insured on account of such attorney fees for services as are reasonable and necessary which the Insured is legally obligated to pay to an attorney approved by the Company to whom the Insured has been referred by the Named Insured for the defense of any action brought against such Insured arising out of the following activities, but without obligation to furnish such attorney: (a) Incurred in the defense of any action or proceeding involving such Insured’s salary, dismissal, contract nonrenewal, change of assignment, tenure, leave of absence, resignation or other professional rights, duties and responsibilities, allegations of intentional or negligent sexual conduct and arising within the scope of employment;

atpe news

involving the issuance, suspension, cancellation or revocation such Insured’s credential, life diploma or certification document issued by the State Board of Education, State Board of Educator Certification or Commission on Credentials; based upon an alleged violation of such Insured’s civil rights guaranteed by the Constitution or civil rights statutes of the United States or any state arising out of activities of an Insured in his/her professional capacity and not otherwise covered; as a result of an Insured’s service on an appraisal and/or a career ladder select committee. (b) Incurred in the appeal of a decision by the governing board of a school district or the commissioner of education resulting from defense of an action or proceeding under Coverage B (1)(a), provided, however, final judgment is rendered in favor of the Insured. (c) in addition to any amount reimbursed pursuant to Coverage B(1)(a), incurred in the defense of any action or proceeding involving dismissal, contract renewal, or suspension, cancellation or revocation of any credential, life diploma or certification document issued by the State Board of Education, State Board of Educator Certification or Commission on Credentials, provided that the final outcome in such action or proceeding is in favor of the Insured.

(2) To reimburse an Insured on account of such attorney fees for services as are reasonable and necessary which the Insured is legally obligated to pay to an attorney for the defense of any action brought against such Insured, but without obligation to furnish such attorney, arising out of the defense of any criminal action or proceeding against an Insured arising out of activities of an Insured in his/her professional capacity. The reimbursement of attorney fees shall be subject to the following schedule: 1. An initial reimbursement amount of up to $5,000 for retainer.

2. Additional amounts incurred, subject to the limit of liability as stated on Item 3 of the Declarations, in accordance with policy terms and Claims Reporting Procedures as set forth by the Named Insured.

Coverage C - Bail Bonds To pay the premium for Bail Bond required of the Insured arising out of activities of the Insured in his/her professional capacity, as hereinafter defined, not to exceed $5,000 per bail bond, but without obligation to apply for or furnish such bond. For purposes of this coverage, a series of continuous or similar actions by the Insured shall constitute a single claim regardless of the number of indictments.

Coverage D - Assault-related Personal Property Damage To pay an Insured up to $2,500 for damage to or destruction of the Insured’s personal property which is caused by an assault upon the Insured arising out of an occurrence in the course of an Insured’s authorized course of activities in his/her professional capacity to the extent that such damages exceed the coverage provided by any Homeowners, Personal Property Floaters or other similar valid and collectible insurance. This coverage does not apply to damage or destruction of a vehicle of any kind, or to damage to or destruction of leased or loaned property.

Coverage E - Personal Identity Theft Coverage To reimburse the Insured up to $2,500, for reasonable and necessary attorney fees which the Insured is legally obligated to pay to an attorney, as a result of a Stolen Identity Event occurring during the policy period but without obligation to furnish such attorney, to the extent that such fees exceed the coverage provided by any other benefit, program or policy available to the Insured.

SUPPLEMENTARY PAYMENTS The Company will pay, in addition to the applicable limit of liability for Coverage A: a. all expenses incurred by the Company, all costs taxed against the Insured in any suit defended by the Company and all interest on the entire amount of any judgment therein which accrues after entry of the judgment and before the Company has paid or tendered or deposited in court that part of the judgment which does not exceed the limit of the Company’s liability thereon; b. premiums on appeal bonds required in any such suit, premiums on bonds to release attachments in any such suit for an amount not in excess of the applicable limit of liability of this policy, but the Company shall have no obligation to apply for or furnish any such bonds; c. expenses incurred by the Insured for first aid to others at the time of an accident for bodily injury to which this policy applies; d. reasonable expenses incurred by the Insured at the Company’s request in assisting the Company in the investigation or defense of any such claim or suit, including actual loss of earnings not to exceed $50.00 per day.

DEFINITIONS a. The word “Insured” wherever used shall mean a person who is a professional, associate, teacher trainee or life member of the Named Insured. If the policy is a renewal, the word “Insured” includes members covered under the expired policy who reapply within sixty days of the inception of this policy. b. The phrase “activities of an Insured in his/her professional capacity” wherever used shall mean activities of an Insured in the course of his/her duties of employment with an “educational institution” or activities of an Insured in the course of his/her duties as a student in a teacher education program in an accredited college or university. c.

The term “occurrence” only applies to Coverage A. It means an event, which results in damages to someone other than the Insured. An occurrence can involve a single, sudden event or the continuous or repeated exposure to the same conditions. If a Claimant or Claimants allege to have sustained damages caused by repeated exposure to the same conditions caused by the Insured during different policy terms, then the exposure shall be deemed to have occurred as of the most recent exposure to said conditions, and shall be covered only by the last of all policies issued by the Company to the Insured and not by more than one policy issued by the Company. d.

The term “membership date” means the date on which a person becomes a professional, associate or teacher trainee member of the Named Insured.

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e.

The term “membership year”, for purposes of use in this policy, means the period for obtaining membership in the Named Insured, beginning August 1st and ending on August 1st, twelve months following. f.

The term “educational institution” means a public school district, institution of higher education, Regional Education Service Center, or the Central Education Agency. g.

The term “attorney fees” means costs incurred by an attorney approved by the Company in accordance with policy terms and the claims reporting procedures as set forth by the Named Insured. h.

The term “civil rights claims” where used shall mean any claim against an Insured alleging a violation of any person’s civil rights, as protected by: the Constitution of the United States or of any state; The Civil Rights Acts of 1866 and 1964, as amended; the Americans with Disabilities Act; and any state or federal statute, regulation or executive order. i.

The term “Stolen Identity Event” means the theft of non-public information about the Insured (including, without limitation, the Insured’s social security number) which has resulted or could result in the wrongful use of such information.

EFFECTIVE DATES OF INSURANCE The effective date as respects an “Insured” is the “membership date” in the “membership year” except as follows: 1. If this policy is a renewal, the word “Insured” includes members covered under the expired policy who reapply within sixty (60) days of inception of this policy, and coverage for such members is effective on the inception date of this policy.

2. As respects new and renewal members who join after the annual enrollment period (August 1 to September 30) and who were otherwise eligible for membership during the enrollment period, the effective date of coverage under Coverage B, C, D and E of this policy shall be thirty (30) days after the “membership date”, and coverage is not provided for actions resulting from activities of an Insured which begin prior to the effective date of coverage.

POLICY PERIOD 1. As respects Coverage A, this policy applies only to occurrences (as defined) during the policy period.

2. As respects Coverage B, C and D, this policy applies only to actions resulting from activities of an Insured (as defined) which begin during the policy period.

3. As respects Coverage C, this policy applies only to any bail bond required as a result of an event or series of events which happen or are alleged to have happened during the policy period.

4. As respects coverage E, this policy applies only to Stolen Identity Events occurring during the policy period.

This policy period shall begin August 1, 2011 and end August 1, 2012 (12:01 A.M. standard time at the address stated in Item 1., of the declarations)

POLICY TERRITORY Anywhere in the world with respect to an occurrence arising out of the covered activities of any Insured permanently domiciled in the United States of America though temporarily outside the United States of America, its territories and possessions or Canada, provided the original suit for damages because of any such injury or damage is brought within the United States of America, its territories or possessions or Canada. Anywhere in the world with respect to a Stolen Identity Event, but only attorney fees incurred in the United States of America.

Payment of loss under this policy shall only be made in full compliance with all United States of America economic or trade sanction laws or regulations, including, but not limited to, sanctions, laws and regulations administered and enforced by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”).

EXCLUSIONS This policy does not apply: a. To activities of an Insured that are not activities of an Insured in his/her professional capacity, as defined above. b. To activities of an Insured that are carried on in a private business, private professional endeavor or private school, other than an Institution of higher education, except this exclusion does not apply to activities of a teacher trainee doing practice teaching in a private school. c. To the ownership, maintenance, operation, use, loading or unloading of (a) vehicles of any kind, other than farm tractors not operated on public highways, (b) watercraft, (c) aircraft, except, however, coverage would apply to: (1) a driver training instructor while riding as a passenger in the course of duties as an employee of a school system and (2) a vocational education instructor in the course of regular instruction carried on in a shop provided by the school and (3) an Insured while supervising students entering or exiting a school bus. The coverage afforded herein does not apply when the Insured has any other Insurance of any kind, whatsoever which affords coverage as to such liability. d. To liability assumed by the Insured under any contract or agreement. e. To injury, sickness, disease, death or destruction due to war, whether or not declared, civil war, insurrection, rebellion, or revolution, or to any act or condition incidental to any of the foregoing. f. To any obligation for which the Insured or any carrier may be held liable under worker’s compensation, unemployment compensation, disability benefits or similar laws. g. To the rendering, teaching or supervising of medical, surgical, dental, nursing, or other similar services of the omission thereof; except however, coverage would apply to: 1. First aid and regular nursing services rendered by a school nurse employed for the purpose of rendering such services; 2. First aid and regular nursing services rendered by a certified health aide employed for the purpose of rendering such services under the supervision of a school nurse; 3. Physical therapy rendered by a licensed physical or occupational therapist, or licensed athletic trainer, employed for the purpose of rendering such services;

atpe.org | 43

4. The administration of oral prescription medicine to a student by an Insured, provided the Insured has advance written authorization for such administration from the parent or guardian of the student; 5. Emergency first-aid services rendered by the Insured when a school nurse or other medically-trained person is not readily available; or 6. Psychological therapy or treatment rendered by a licensed practitioner employed for the purpose of rendering such services. h. Under Coverage A. to criminal acts other than corporal punishment. i.

Under Coverage A. to the defense of any civil suit for criminal acts other than corporal punishment. j.

To liability in respect of claims brought by any employee or former employee of any educational institution against an Insured, as defined by the policy, except to the reimbursement of attorney’s fees as provided under Coverage B. The following three exceptions apply to this exclusion: 1. This exclusion shall not apply to any claim made or suit brought against an Insured by or on behalf of another employee of an institution of higher education if the claim or suit arises out of an occurrence in the course of activities of the Insured in his/her professional capacity as a participant in the peer review system of an Institution of higher education; however, this exclusion shall apply to an assault upon an Insured by another employee of an Institution of higher education if the assault arose out of an occurrence in the Insured’s aforementioned peer review activity.

2. This exclusion shall not apply to any claim made or suit brought against an Insured by or on behalf of another employee of an educational Institution if the claim or suit arises out of an occurrence in the course of activities of the Insured in his/her professional capacity as a member of a board of commission, established by the Insured’s state government, which has as its purposes the licensure or certification of educators, or the setting of standards for the licensure or certification of educators.

3. This exclusion shall not apply to any claim made or suit brought against an Insured by or on behalf of a minor or incompetent child of an employee of an educational Institution, if the claim or suit arises out of an occurrence in the course of activities of the Insured in his/her professional capacity. k.

To punitive damages in excess of $5,000. l.

Except as provided under Coverage B, this policy does not provide coverage to claims arising out of occurrences in which the Insured intentionally causes damage of any nature to another person or entity, except for claims arising from corporal punishment of any student or pupil administered by, or at the direction of, the Insured in his/her professional capacity. m. To the defense of any action of declaratory judgments, injunctive relief, or other similar proceeding, except as provided in Coverage B, unless the relief prayed for therein also seeks damages which are covered under Coverage A. n.

To activities of any Insured while acting as a member of any school board or similarly constituted body. o.

Except as provided under Coverage B, this policy does not provide a defense or coverage to damages resulting from any claim for actual sexual action or conduct or harassment. p.

To any claims, accusations or charges brought against any Insured, and to any obligation or duty of the Company to afford defense for such claims, accusations or charges, which are made because of any damages or injury arising out of Human Immune Deficiency Virus (HIV) Acquired Immune Deficiency Syndrome (AIDS), no matter how transmitted, except to reimbursement of attorney’s fees as provided under Coverage B. q.

Under Coverage B, to any claim involving health, disability, unemployment or retirement benefits including such benefits payable, under any Workers Compensation law whether payable by an insurance company, trust, self insurance benefit plan of any school district, any similar carrier or provider or device arranged to handle such benefits, or to any action involving the payment or refund of premium(s) for such benefits. Neither the term “salary” nor the phrase “other professional rights, duties and responsibilities” under Coverage B(1) (a) shall be inclusive of such benefits. This exclusion shall not apply to claims involving the continuation of the insured’s group health coverage solely as provided in Texas Education Code §22.004, subsections (k) and (l). r.

To bodily injury, property damages, personal injury or advertising injury arising out of the removal, transport, storage, installation or use of asbestos for any purpose whatsoever. This includes any loss, cost or expenses related to asbestos. s.

With respect to Coverage E, to any dishonest, criminal, malicious or fraudulent acts if the Insured personally participated in, directed, or had knowledge of such acts. t.

To any activity involving a firearm or other explosive device, except this policy would apply under coverage B to the use of physical restraint by an Insured while attempting to protect self, a student, or other person from physical injury. u.

To misuse, embezzlement, misappropriation, or breach of fiduciary duty, in the handling or managing of public and/or private monies, investments, securities or other funds held in a trust capacity, except as provided under Coverage B.

CONDITIONS 1. Limits of Liability The limits of liability stated in the Declarations are the limits of the Company’s liability for all damages, including damages for care and loss of services, arising out of one occurrence.

2. Notice of Occurrence When an occurrence takes place written notice shall be given by or on behalf of the Insured to the Company or any of its authorized agents as soon as practicable. Such notice shall contain particulars sufficient to identify the Insured and also reasonably obtainable information respecting the time, place and circumstances of the occurrence, the names and addresses of the injured and of available witnesses.

3. Notice of Claim or Suit If claim is made or suit is brought against the Insured, the Insured shall immediately

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forward to the Company every demand, notice, summons or other process received by him or his representative.

4. Notice of Stolen Identity Event When a Stolen Identity Event occurs, a report shall be filed by the Insured or on the Insured’s behalf with the appropriate police authority. Any claim for attorney fee reimbursement shall contain particulars sufficient to identify the Insured and also reasonably obtainable information respecting the time, place and circumstances of the Stolen Identity Event.

5. Assistance and Cooperation of the Insured The Insured shall cooperate with the Company, and upon the Company’s request, shall attend hearings and trials and shall assist in effecting settlements, securing and giving evidence, obtaining the attendance of witnesses and in the conduct of suits. The Insured shall not, except at his/her own cost, voluntarily make any payment, assume any obligation or incur any expenses other than for such immediate medical and surgical relief to others as shall be imperative at the time of the occurrence.

6. Action Against Company No action shall lie against the Company, unless as a condition precedent thereto, the Insured shall have fully complied with all terms of this policy, or until the amount of the Insured’s obligation to pay shall have been finally determined either by judgment against the Insured after actual trial or by written agreement of the Insured, the claimant and the Company. Any person or organization or the legal representative thereof who has accrued such judgment or written agreement shall thereafter be entitled to recover under this policy to the extent of the insurance afforded by this policy. Nothing contained in this policy shall give any person or organization any right to join the Company as co-defendant in any action against the Insured to determine the Insured’s liability. Bankruptcy or insolvency of the Insured or of the Insured’s estate shall not relieve the Company of any of its obligations hereunder.

7. Other Insurance If other insurance, excluding policies issued by the Company, is available to the Insured covering a loss also covered by this policy, then this policy shall apply in excess of, and shall not contribute with, such other insurance.

If any other policy issued by the Company also applies to a loss which would be covered by this policy then this policy will pay its share of the loss based on the percentage this policy’s limit of liability bears to the total limits of liability of all insurance available to pay the loss.

Other Insurance includes but is not limited to: (a) Insurance, coverage or benefits provided by school boards, school districts or any similar entity including, without limitation, the Texas Association of School Boards (TASB); (b) I nsurance, coverage or benefits provided by the National Education Association or any other national or local professional association or similar organization; (c) I nsurance, coverage or benefits provided by self-insurance, trusts, pools, risk retention groups, captive insurance companies, or any other insurance plan or agreement of risk assumption; and (d) I nsurance, coverage or benefits provided by an Insured’s homeowner’s, renter’s or personal umbrella policy.

8. Subrogation In the event of any payment under this policy, the Company shall be subrogated to all the Insured’s right of recovery therefor against any person or organization and the Insured shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The Insured shall do nothing after loss to prejudice such rights.

9. Changes Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a change in any part of this policy or estop the Company from asserting any right under the terms of this policy; nor shall the terms of this policy be waived or changed, except by endorsement issued to form a part of this policy.

10. Cancellation This policy may be canceled by the Named Insured for any reason by surrender thereof to the Company or any of its authorized agents or by mailing to the Company written notice stating when thereafter the cancellation shall be effective. This policy may be canceled by the Company only for non-payment of premium by mailing to the Named Insured at the address shown on the policy, written notice stating when not less than forty-five days thereafter such cancellation shall be effective. The mailing of notice as aforesaid shall be sufficient proof of notice. The time of surrender of the effective date and hour of cancellation stated in the notice shall become the end of the policy period. Delivery of such written notice either by the Named Insured or by the Company shall be equivalent to mailing.

If the Named Insured or the Company cancels the policy, earned premium shall be computed on a pro rata basis. Premium adjustment may be made either at the time cancellation is effected or as soon as practicable after cancellation becomes effective. Any other premium adjustment or return premium as would apply had cancellation not been affected shall be computed substituting the date of cancellation for the expiration date of this policy.

11. Terms of Policy Conformed to Statute Terms of this policy, which are in conflict with the statutes of the state wherein this policy is issued, are hereby amended to conform to such statutes.

* NUFIC is located at 175 Water Street, New York, New York 10038-0150 ** The description of coverage herein is a summary only. It does not include all provisions of the policy issued to ATPE by NUFIC. Please refer to the master policy kept on file with ATPE for complete details of coverage.

atpe news

Continued from page 13—Tech Support

Continued from page 19—Beauty of Math

Although there are drawbacks to these programs, the pros seem to outweigh the cons. “The smallest benefit is that students will realize they can also use their devices to learn new things whenever they want,” Floyd says. “The greatest benefit is that they become more engaged in their daily classroom tasks, leading to deeper levels of understanding of the content.”

puzzle clues to post on her feed. The answer to her first puzzle included her son’s name: “Draco to card.” One of her favorites is “Levar gave Eva gravel.” The clue read “StarTrekNG’s Burton handed CasinoRoyale’s Green some crushed-up rocks.”

Introducing a BYOD policy Guhlin points to “Student Devices Save Districts Money,” an article from Converge Magazine, for tips on implementing a BYOD or BYOT policy. The steps in the article include: 1. Creating a wireless network that allows students and employees to connect to the Internet through the district’s content filters.

2. Piloting a BYOT program. Start in one or two classrooms to see if the program will work for you and your students.

3. Offering a community purchasing program. Discounts from community businesses will help students and families purchase their own technological devices when they might otherwise be unable to afford them.

4. Individualizing instruction using open source and “cloud” tools to build an online learning environment.

Read the Converge Magazine article at www.convergemag.com/ infrastructure/Student-Devices-Save-Districts-Money.html. A

When she had difficulty thinking up a palindrome that included her own name, a Twitter follower sent her one; the clue was “Possible headline if I (yes, me) were in a commercial for vitamin B3.”

The palindrome? “Danica in a niacin ad.”

How does this project relate to McKellar’s other interests?

“I love thinking and doing puzzles,” she says. “Making up the clues is similar to writing math problems in my books. My goal is to create fun clues that challenge but don’t stymie the recipients.

In both cases, I want to help people have fun and find their smarts! And, of course, doing puzzles of any kind actually makes us smarter, too.”

McKellar will continue to entertain the masses through both acting and writing about math for many years to come.

“Math is perfect because we’ve built it that way,” she says. “It’s also the best tool for building confidence in girls—or anyone for that matter—because it’s a challenge. Tackling and overcoming challenges is the key to developing inner strength and selfreliance in all areas of life. It’s one of the things that I’m most proud that my books do for girls.” A

United States Postal Service Statement of Ownership, Management and Circulation 1. Publication Title: ATPE News 2. Publication Number: 578-050 3. Filing Date: September 19, 2011 4. Issue Frequency: Quarterly (Fall, Winter, Spring, Summer) 5. Number of Issues Published Annually: 4 6. Annual Subscription Price: $10.00 7. Complete Mailing Address of Known Office of Publication: 305 E. Huntland Dr., Ste. 300, Austin (Travis), Texas 78752-3792 Contact Person: Katherine Johanns Telephone: (512) 467-0071 x 329 8. Complete Mailing Address of Headquarters or General Business Office of Publisher: 305 E. Huntland Dr., Ste. 300, Austin (Travis), Texas 78752-3792 9. Full Names and Complete Mailing Addresses of Publisher, Editor and Managing Editor: Publisher: Doug Rogers, 305 E. Huntland Dr., Ste. 300, Austin (Travis), Texas 78752-3792 Editor: Katherine Johanns, 305 E. Huntland Dr., Ste. 300, Austin (Travis), Texas 78752-3792 Managing Editor: Amanda Curtis, 305 E. Huntland Dr., Ste. 300, Austin (Travis), Texas 78752-3792 10. Owner: Association of Texas Professional Educators, 305 E. Huntland Dr., Ste. 300, Austin (Travis), Texas 78752-3792 11. Known Bondholders, Mortgagees and Other Security Holders Owning or Holding 1 Percent or More of Total Amount of Bonds, Mortgages or Other Securities: None

winter 2011

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17. Signature and date: Katherine Johanns, Editor, September 19, 2011 I certify that all information furnished on this form is true and complete. I understand that anyone who furnishes false or misleading information on this form or who omits material or information requested on this form may be subject to criminal sanctions (including fines and imprisonment) and/or civil sanctions (including civil penalties).

atpe.org | 45

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Of the amount of dues paid toward your membership in ATPE, $3.32 pays for a subscription to ATPE News (published four times per year) and includes all state and local sales taxes. A portion of ATPE membersâ&#x20AC;&#x2122; dues (up to $24.00 for Professional and Associate members, and up to $4.00 for Teacher Trainee members) pays for the Educators Professional Liability Insurance Policy.

The ATPE Political Action Committee (ATPE-PAC) accepts voluntary donations from members to advocate for ATPEâ&#x20AC;&#x2122;s legislative priorities. ATPE-PAC does not endorse political candidates. Donations to ATPE-PAC are not a condition of employment or membership. A member may donate more or less than the suggested amount or may choose not to make a donation without it affecting his or her membership status, rights or benefits with ATPE. Donations are not deductible for federal income tax purposes. *LIABILIT Y & EMPLOYMENT RIGHTS DEFENSE INSURANCE 2011-12 MEMBERSHIP YEAR Coverage applies to your activities as a Professional or Associate member in the course of your duties of employment with an educational institution, or to your activities as a Teacher Trainee member in the course of your duties as a student in a teacher education program in an accredited college or university. Coverage is underwritten by National Union Fire Insurance Company of Pittsburgh, Pa. ALL COVERAGE IS SUBJECT TO THE EXPRESS TERMS OF THE MASTER INSURANCE POLICY ISSUED TO ATPE AND KEPT ON FILE AT THE STATE OFFICE. View a summary at www.atpe.org/protection/legalbenefits. The policy applies only to activities that begin during the period when coverage is effective and does not apply to activities that predate the coverage period.

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by Mandy Curtis, senior copy editor/writer

Math + games = success

Hooting for help

Offering free online math games that help students learn and retain concepts is one goal of the website www.sumdog.com. Another is to make it easy for teachers to track their students’ progress on more than 100 topics, such as simple numbers and fractions.

The jury is still out on whether social media is beneficial to children or harmful to their development. In the meantime, tools are being created that use social media websites such as Facebook for the educational benefit of students.

The math games featured on the site are available to students ages 9–13 and are divided into 10 levels of difficulty. Many are multiplayer, and the games can be played both at school and at home. Students can create player profiles without submitting an email address.

Educators can also create free accounts that enable them to set classroom challenges and competitions. And for $100 per year, teachers gain access to detailed progress reports for all of their students.

snip-its

Hoot.me (www.hoot.me) is an online application that turns Facebook into a study portal by connecting users via video and “smart” chat with peers who are working on the same classwork. Among the other capabilities the application provides, “smart” chatting allows users to type in math equations and have them appear on screen properly formatted.

“One glance at a book and you hear the voice of another person, perhaps someone dead for 1,000 years. To read is to voyage through time.”

© books/ISTOCKPHOTO/Thinkstock

—Carl Sagan, American astronomer, astrophysicist and author (1934–1996)

Back to school by the numbers Did you know that the amount of money spent in family clothing stores during August 2010—$7.4 billion—is lower than only the amounts spent in November and December 2010? The U.S. Census Bureau has compiled some other surprising back-to-school numbers, including:

• 11.2 million—the number of children ages 5 to 17 who speak a language other than English at home.

•7 7 million—the number of students enrolled in schools in the U.S. (This number encompasses students in nursery school through college.)

• 14.2 million—the number of computers available for classroom use during the 2005-06 school year.

(That’s one computer for every four students.)

•4 3 percent—the percentage of minority students in elementary through high school.

winter 2011

• 31.3 million—the number of children participating in school lunch programs.

• 56 percent—the percentage of college students who are women.

• 98,706—the number of public schools in the U.S.

•3 .2 million—the number of high school diplomas projected to be awarded during the 2011-12 school year.

(All facts are from 2009 if not otherwise noted.)

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Choosy educators (like you)

choose ATPE. Now that youâ&#x20AC;&#x2122;ve chosen ATPE as your professional association, visit atpe.org to learn more about your membership benefits and how you can make the most of them.