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Chandelle Crane, Executive Director
Jeannie Tomasek, Director of Programs & Membership
Kathy Cervantez, Director of Communications & Professional Development
Al Rodriguez, President, Elgin ISD
Kimberly Rich, President-Elect, Dickinson ISD
Johjania Najera, First Vice President, Keller ISD
Chris Bailey, Second Vice President, Abilene ISD
Craig Lahrman, Secretary, Ysleta ISD
Max Flores, Immediate Past President, Lubbock ISD
Ben Muir, District I, Northside ISD
Dr. Tyrone Sylvester, District II, Goose Creek CISD
Dr. Tamey Williams-Hill, District III, Manor ISD
Theresa Burkhalter, District IV, Waxahachie ISD
Chris Tatum, District V, Amarillo ISD
Jose Barraza, District VI, Canutillo ISD
Ben Muir, District I, Northside ISD
Brian Kroeger, District II, Splendora ISD
Bob Mabry, District III, Jarrell ISD
Jason Liewehr, District IV, Denton ISD
Heath Simpson, District V, Frenship ISD
Bobbi Russell-Garcia, District VI, Ysleta ISD
Kayla Vaughn, District I, Gregory-Portland
Barbara Ponder, District II, Barbers Hill ISD
Kris Reyes, District III, Pflugerville ISD
Greg Gaston, District IV, Carrollton-Farmers Branch ISD
Paul Kimbrough, District V, Canyon ISD
Christopher Smith, District VI, El Paso ISD
Charity Salinas, District I, Southside ISD
Marcus Higgs, District II, Texas City ISD
Sue Pfleging, District III, Waco ISD
Asheley Brown, District IV, Little Elm ISD
Paige Anderson, District V, Amarillo ISD
Celina Stiles, District VI, Socorro ISD
**Includes President, President-Elect & District Representatives
Kayla Vaughn, District I, Gregory-Portland ISD
Dr. Nkrumah Dixon, District II, Huntsville ISD
Eddie Curran, District III, Round Rock ISD
Kendra Hancock, District IV, Dallas ISD
David Manchee, District V, Amarillo ISD
Fernando Garnica, District VI, Anthony ISD
Melissa Aguero-Ramirez, District I, Pharr-San Juan-Alamo ISD
Shay Sincinski, District II, Bryan ISD
Tammy Nobles, District III, Victoria ISD
Danielle Copeland, District IV, Malakoff ISD
Robin Fawcett, District V, Ector County ISD
Jiovana Gutierrez, District VI, Ysleta ISD
As we enter the month of August, please accept my best wishes for a successful, productive, and positive school year. I know you all have been working very hard since the spring to adjust to district and community changes, plan for and respond to new legislative requirements and, to recruit the best possible candidates for your vacancies. Despite those few Negative Nellies, I assure you that your efforts do not go unnoticed. Know that you are a valued member of the most noble profession. What you do changes the world every day.
I hope that you were able to take some time for yourself and your family. As for your TASPA staff, they have been very busy conducting workshops, webinars and of course planning and putting on the Summer Conference, which was a huge success. The highlights of the summer for us were the TASPA Summer Conference HR Panel and the AASPA State Leaders Retreat. Both offered great insight as well as calls to action for additional advocacy. Our HR Panel consisted of nine of your HR colleagues from around the state, small and large districts, urban and suburban, and representatives from TEA and the Governor’s Vacancy Taskforce. We heard insightful thoughts and approaches to everyday concerns each of us face; whether it was hard to fill positions, grow your own initiatives, school safety and/or charter/voucher school concerns, the message still rang the same: “Talk to your Legislators.” It is only through collective advocacy that we can change the negative public narrative. I encourage each one of you to make one phone call, or send one email, or better yet visit one of your representatives’ local offices to speak on behalf of our chosen profession. It really does make a difference.
Your TASPA staff, accompanied by President-Elect Kimberly Rich, of Dickinson ISD, and myself, had the pleasure of attending the AASPA State Leaders Retreat in Washington DC. I’m happy to report that Texas was the largest affiliate contingent there, and as usual was one of the most, if not the most, sought out for information and best practice. The retreat offered a great deal of information regarding association management that your staff has already been putting to use. It also offered us a chance to express concern and ideas for coming legislative issues at the national level. (This topic will again be on my agenda next week as I participate in AASPA’s Legislative Committee Meeting, but that’s a topic for another time.) Some states were also able to meet on “The Hill” to advocate to their respective Senators; not unlike the trip your fellow TASPA colleagues took to the Texas Capital back in the Spring.
So you see, there’s a common thread in the ongoings of our districts, states and associations: Advocacy. I’m sure I don’t have to remind you that your voice matters. Whether you choose to be a vocal advocate or not, know that TASPA will continue to advocate for you, your district, our profession and the children we all serve. If you do choose to be vocal, do it with pride and humility knowing that we serve a common goal to break down barriers, and create opportunities for the children of our school systems. Without you, little is accomplished. With you, hope and opportunity are secured.
I wish you all health, success, and prosperity in the coming school year.
Respectfully,
Al A. RodriguezFor more information and updates, please visit our website at taspa.org or call 512-494-9353.
September 7, 2023
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October 2-3, 2023
October 3-6, 2023
October 27, 2023
November 6-7, 2023
December 6-7, 2023
December 6, 2023
December 6-8, 2023
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Fall Support Staff Conference
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Tuloso-Midway ISD
Northside ISD
Schertz-Cibolo-Universal City ISD
Amarillo ISD
Floresville ISD
Kalahari Resort, Round Rock
Anaheim, CA
El Paso ISD
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Heather Alarcon
Human Resources Coordinator
Goose Creek CISD
Raquel Ayala
HR Specialist Grand Prairie ISD
Amy M. Ball
Principal Chisum ISD
Kasey Beckett
Personnel Coordinator
East Central ISD
Aimee Galinda Bislar Office Associate Fort Stockton ISD
Dr. Wendy Brower Section 504 Coordinator Garland ISD
Joi Cartmill Coordinator Human Resources Plano ISD
Logan Chaney
Executive Director of Administration Academy ISD
James R. Cline
Sr. Director - Risk Management & NonExempt Services
Galena Park ISD
David Colunga
Background and Certification Manager Dallas ISD
Jessica Coronado Human Resources Secretary Levelland ISD
Christina Courson
Chief Human Resources Officer Hays CISD
Heather Cox
Human Resources Director
Lovejoy ISD
Ingrid Davenport
Administrative Assistant Navarro ISD
Dr. Brenda Dearmon Assistant Superintendent of Administrative Service
Sheldon ISD
Erin Deason Director - Elementary HR Comal ISD
Dr. Thymai Dong
Director of Diversity, Equity & Inclusion Hutto ISD
Laurie Doyal-Lampman
Personnel Coordinator East Central ISD
Nicole Fielder
Director of Personnel Magnolia ISD
Tiffany Gant
Director of Human Capital & Strategic Initiatives
Lancaster ISD
Lisa Gibbs
Executive Director - Talent Acquisition Leander ISD
Ricardo Guerra
Director of HR Special Projects IDEA Public Schools
Andrea Guillen
Human Resources Specialist Hays CISD
Scott Hammond Director of Secondary HR Comal ISD
Dolores N. Hernandez Retired
Holly Hines
Managing Director of Human Resources Frisco ISD
Adrienne Horton Director of Human Resources Brownwood ISD
Tiffany Hulquist Incentive Compensation Project Coordinator Humble ISD
Jola Khan
Executive Director of Human Resources Carroll ISD
Holli King Administrative Assistant - Accounts Payable Alto ISD
Christa Lacey Assistant Principal Silsbee ISD
Lisa Lambright Human Resources Data Specialist Deer Park ISD
Terri Martin
Human Resources Specialist
Lovejoy ISD
Joel Brent McClain
Director of Human Resources
Lake Worth ISD
Maura McGrath
Director of Human Resources
Allen ISD
Dr. Scott McKenzie
Director of Recruitment and Retention Northside ISD
David Megginson Senior Officer Fort Worth ISD
Mark Micallef
Director of Personnel Edinburg CISD
Andrea Morgan Substitute Specialist Deer Park ISD
Jennifer Nabors
Human Resources Director Brazosport ISD
Danika Palacios
Executive Coordinator
YES Prep Public Schools
Rachel Rae
EPP Curriculum, Training, and Field Supervisor
Katy ISD
Bryan Reed
Managing Director of Recruitment and Staffing
YES Prep Public Schools
Vanessa Riggs
Executive Director of Human Resources
Tuloso-Midway ISD
Dr. Patricia Rocha
Director of Educator Preparation
Texas State University- San Marcos
Lisa Rockenbach
Human Resources Generalist
Lovejoy ISD
Brenda Ann Rodriguez
Human Resources Specialist
Hays CISD
Delmy Romero-Ewing Bilingual Recruiter Plano ISD
Amy Russell
EPP Curriculum, Training and Field Supervisor
Katy ISD
Stefanie Schiesser
Assistant Director of Employee Relations
Round Rock ISD
Maria Solano
Human Resources -Leave Specialist
Angleton ISD
Taylor Somers
Human Resources Coordinator
New Caney ISD
Dr. Matthew Spencer
Executive Director of Human Resources
Ector County ISD
Amanda B. Tabor
Director of Elementary Staffing
Lewisville ISD
Mary Torres
Assistant Director of Human Resources
Hays CISD
Bric Turner Superintendent
Meadow ISD
Esmeralda Valerino
Substitute Secretary
Hurst Euless Bedford ISD
Stephanie Vaughan
Human Resources Coordinator
Katy ISD
Dr. Magda Villarreal
Human Resources Coordinator
La Joya ISD
Erica Walker
Human Resources Coordinator
Athens ISD
Johnna Walker
Assistant Superintendent
Allen ISD
Darrell Westfall
Director of Human Resources and Student Services
Hardin-Jefferson ISD
MeShelley White
Assistant Superintendent Human Capital
Grand Prairie ISD
Ashley York
Human Resources Auxiliary Coordinator
Killeen ISD
Cary Zepernick
Strategic Staffing Specialist
ESC Region 13
As a student at McGregor High School many years ago, I learned about the workings of the 61st Texas Legislature in my senior government class. My smart and enthusiastic teacher cited Mark Twain’s observation that “No man’s life, liberty, or property are safe while the legislature is in session” and added that legislative rules were created to make passing bills difficult. She observed that Texas is better because bills are hard to pass. While Twain did make that comment many times, the person who first noted this pithy observation was Gideon John Tucker, an American lawyer, newspaper editor and politician. In 1866, as Surrogate of New York County, he wrote in a decision on a legal malpractice claim against a deceased lawyer’s estate: “No man’s life, liberty or property are safe while the Legislature is in session.”
In total, 1,474 education related bills were filed in the regular session of the 88th Texas Legislature. That
session ended on May 29 with 141 education bills that became law. With the first called special session over with no bills passed by both chambers and the second now underway, the legislators will have more opportunities to live up to the expectations expressed by Tucker and Twain in the Nineteenth Century.
This raises two questions.
First, now that the regular session has adjourned sine die, do you feel safer?
Second, what happens next with those hundred plus new laws that affect public schools?
First, let’s note that there are multiple sources of Texas law.
The state constitution is the document that governs Texas government.
Statutes are the laws enacted by the Texas Legislature during regular and special sessions. Once a bill becomes law, the Texas Administrative Code must
be updated to reflect the new laws. The Legislature authorizes agencies and commissions to create these rules to help administer and carry out the law. The rules are compiled and organized by subject matter by the Texas Secretary of State as the Texas Administrative Code or TAC for short.
Additionally, case law is the body of judicial decisions from the courts. School leaders often see attorney general opinions in response to questions about laws. While the AG opinions are persuasive, these opinions are non-binding interpretations of the law from the AG.
Over the next year, the State Board of Education (SBOE) and the Commissioner of Education and his staff at the Texas Education Agency will plan and carry out rulemaking. While administrative code rulemaking is not as well publicized or monitored as lawmaking, trustees and school leaders across Texas must pay attention to this critical process. TASPA and other professional associations play an important role in keeping educators informed about the process and the proposed rules.
When the SBOE met the week of June 18th, the Commissioner and TEA staff presented highlights of eighteen bills that will require rulemaking by the SBOE or the Commissioner or the creation of standards at the state level that will guide local school board policies and practices. The following are six examples of the bills with a few highlights for each, and the rulemaking authority:
HB 1416 Accelerated Instruction (Update of HB 4545)-Commissioner rulemaking authority
• Eliminated the accelerated learning committee (ALC) requirement and clarified parental “opt out” protocols.
• Decreased the maximum number of subjects to two while prioritizing RLA /math and reducing requirements to 15 hours for some students.
• Increased student to teacher ratios from 3:1 to 4:1. Ratio waived with use of approved automated/online curriculum (list available in Spring 2024).
HB 900 School Library Books-SBOE rulemaking authority
• The Texas State Library and Archives Commission, with approval by the SBOE, will adopt standards for school library collection development policies.
• The standards adopted will be reviewed every five years and must prohibit harmful material, sexually explicit material, and pervasively vulgar or educationally unsuitable relevant material.
• Library material vendors must issue appropriate ratings for sexually explicit and sexually relevant materials previously sold to school districts by April 2024.
• Vendors may not sell any books with sexually explicit content moving forward and must report a list to TEA of books already sold to libraries with such content.
HB 3803 Parental Election for a Child to Repeat a Course-Commissioner rulemaking authority
• A parent or guardian may elect for a student, in a grade up to grade eight, to repeat the grade in which the student was enrolled during the previous school year or for a student to repeat a high school course.
• For high school courses, the school district/open enrollment charter can deny if it is determined the student has met all requirements for graduation.
HB 1605 High Quality Curriculum-SBOE and Commissioner rulemaking authority for various sections of this comprehensive bill
• Teachers cannot be required to use bi-weekly planning time to create initial instructional materials unless there is a supplemental duty agreement with the teacher.
HB 3928 Dyslexia Evaluations-SBOE and Commissioner rulemaking authority
• Requires someone with specific knowledge on dyslexia and related disorders on the evaluation team and Admission, Review and Dismissal Committee when dyslexia is suspected/identified.
• Board of Trustees must adopt a policy requiring that the district follow all state and federal requirements for the evaluation, identification, and services for dyslexia.
• SBOE must revise its Dyslexia Handbook by 6/30/24 to remove references to “standard protocol dyslexia instruction” so that it is not distinct for all other types of dyslexia instruction.
• Requires specific notification about the parent’s right to request special education evaluation when
student is placed in a Disciplinary Alternative Education Program (DAEP) and when returning to school after DAEP.
• As soon as practicable, school systems must enroll 6th grade students in an advanced math course if they performed in the top 40% on the 5th grade STAAR math assessment or similar local measures.
• This will require advanced math courses (e.g., Algebra I) to be offered in middle school if those courses are not currently offered.
• Parents may opt their children out of this requirement.
The Commissioner rulemaking will begin this summer and the SBOE rulemaking will begin at its next meeting on August 29-September 1.
If you are interested in learning more about TAC rules and how those rules are created, the Texas Secretary of State website is an informative resource: https:// www.sos.state.tx.us/tac/index.shtml.
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Amy Dawson | District Sales Consultant adawson @edustaff.org 817.733.7793Teachworthy introduces many great teachers to the classroom every school year. Thousands of aspiring educators have completed our alternative teacher certification before becoming inspirational leaders in their field.
TELL US A LITTLE ABOUT YOUR SCHOOL DISTRICT/ COMMUNITY.
Crosby ISD serves the needs of more than 6,700 children in the communities of Crosby and Barrett Station in East Harris County. We emphasize a strong feedback loop and visibility. During campus visits in the late summer of 2022, Superintendent Patterson heard from many district employees inquiring about the possibility of Crosby ISD adopting a four-day instructional week. The idea also became prevalent during community surveys about creative ways we could change our academic calendar to retain and recruit exceptional teachers. The four-day instructional week
reinforces our core of innovation, with pillars focused on taking care of students and taking care of staff. We know spending four days with an exceptional teacher is more productive for our students than spending five days with a less effective teacher. Our fourday instructional week extends instructional time well beyond the mandatory 75,600 minutes required by state law. Our calendar is a hybrid calendar, beginning and ending the year with traditional five-day instructional weeks in August, mid-April, and May. Fourday instructional weeks will be implemented from September through mid-April.
TELL US ABOUT THE PROCESS THE DISTRICT WENT THROUGH TO IMPLEMENT YOUR FOUR-DAY INSTRUCTIONAL WEEK.
Community Meetings:
There was an extensive process to seek feedback. The district launched three separate community surveys during the fall/ winter/spring of the 2022-2023 School Year. Each survey became increasingly more specific about the possible impact a four-day instructional week could have on our families. There were a series of meetings with individual community groups, including daycare operators and pastors. We also held two meetings open to all community members, the first meeting was through Zoom, followed by an in-person meeting. Everyone who attended had the opportunity to ask questions. Superintendent Patterson and her Cabinet also traveled to each campus for staff meetings. The staff had a chance to ask questions
Christy CoVan & Brett Birkinbine, Crosby ISDfollowing Superintendent Patterson’s presentation. Each campus and employee group took instant polls to gauge support among district employees. The instant polls showed no less than 78% support and up to 100% support among employee groups. Due to feedback from the community, we changed our initial plan of designating Mondays as Student Holidays. Instead, Fridays will be Student Holidays from September 8 through April 12. We heard from families that Fridays were the easier day for them to find childcare or work remotely from home.
Web Postings:
Each community survey was posted in the weekly District newsletter, on social media platforms, and on the district’s website. To add a layer of security, the link to the surveys was never posted directly on social media. The link shared on social media was the link to the district newsletter where families and community members could then find the link to the survey.
School Board Meetings:
The survey results were shared with the Board of Trustees during two meetings in winter 2022. The first was a special-called Board meeting where each Cabinet member discussed the impact of the four-day instructional week. This was a two-hour long meeting that went through the research the Superintendent’s Cabinet had developed brainstorming about what a four-day week would look like. This meeting was shown live on the district’s YouTube Channel and then available for viewing. The Board voted on the calendar at the next regularly scheduled meeting.
change to major holiday schedule.
Longer School Year (start earlier/ end later)?
This year will start August 7, 2023, four days earlier than the 20222023 school year. The year will end May 30, 2024, four days later than the 2022-2023 school year. Many neighboring school districts have about the same start and end dates for their traditional academic calendar.
Longer School Days?
Each school day will be 20 minutes longer per day for secondary campuses and 25 minutes longer for elementary campuses. Any Additional Information?
In the past, we designated late starts on Wednesdays for secondary students and four Fridays off for elementary students so our staff could attend “Planned Learning Communities” (PLC) staff development days. These professional learning times for staff will now be held one Friday a month, which will be designated as Staff Development Fridays.
HOW ARE YOU HANDLING: Childcare concerns for non-school days:
We partnered with the YMCA to provide low (or no cost if they qualify) childcare after-school Monday through Thursdays and the Fridays that students are off. Childcare will be implemented at a central campus within the district. A local business stepped forward and has offered a substantial subsidy so that the reduced rate for our families can be discounted even more.
Extra-curricular activities that occur on “non-school” day: Extra-curriculars will still take place on Fridays as needed.
Athletic/fine arts/etc. practices: Practices for athletics and fine arts will still take place on Fridays as permitted by UIL rules.
Hourly employees (bus drivers/ food service/custodians/ secretaries/paraprofessionals): Adjustments were made to schedules and/or salaries to ensure that no employee would take a pay cut.
WHAT DO YOU KNOW NOW AT THE END OF THE PROCESS, THAT YOU WISH YOU KNEW WHEN YOU STARTED THE PROCESS?
Feedback and flexibility are critical during the process of considering a four-day instructional week. We made an important change midway through the process when we heard from the majority of our families that having Fridays off was preferable to Mondays. Engaging with communities is critical to consider all possibilities.
DO YOU HAVE A TIMELINE/ TRIAL PERIOD?
Reassessment of the success of the new calendar will occur during the calendar planning period each year.
HOW
We are still in the implementation process and will start this school year (23-24).
WHAT DOES YOUR 2023-2024 SCHOOL DAY/YEAR LOOK LIKE?
Less Holidays?
We do not have fewer holidays. No
Kids who receive free lunch: We have partnered with the Houston Food Bank to provide food for the Fridays off as well as the weekends for students who need that service through their Backpack Buddies program. We will also be hosting a community market once a week at our high school through the Houston Food Bank that will offer food for all families in our community that need it.
What’s good for Crosby ISD may not work for other ISDs. Our district leaders, communities, educators, staff, and families of Crosby and Barrett Station know what works for us. We would not prescribe the same strategy to a different district with different demographics, different ideals, or different traditions.
Ben Muir is in his 29th year in education. He received his B.A. from the University of Northern Iowa and his M.A. from the University of Texas @ San Antonio. Before moving into his current position of Assistant Superintendent for Human Resources in July 2022, Ben worked as a teacher, assistant principal, elementary principal, HR Director, and Executive Director of Elementary Administration. He is extremely fortunate to have an outstanding HR team and new Superintendent to work alongside every day.
On a personal note, Ben has two children. His son is a recent graduate of the University of Iowa and is working and living in San Antonio and his daughter is a junior at UT-Dallas.
For those of you who are new in this role, my advice is to connect with others in neighboring districts to collaborate with. There are so many great, knowledgeable people out there willing to share great practices. The other piece of advice is to take your time and learn your role within the department and the district. There is a lot to learn in your new role and you will have an amazing support system around you. Tap into that institutional knowledge but don’t be afraid to step outside the box and challenge those around you. As long as your decision making revolves around what is best for kids, you can’t go wrong.
Northside ISD is the fourth largest district in Texas with nearly 14,000 employees, 125 campuses and 103,000 students. Right now, our number one challenge is staffing. This is not a new challenge, but a challenge that has become more difficult to navigate. As a district, we will continue to think outside the box regarding our recruiting efforts but will need to shift and put more of an emphasis on retention.
I am a long time TASPA member and have previously served as the District I representative. In addition, I have been a member of the TASPA nominations and legislature committees. Being a member of TASPA has afforded me the opportunity to network and work alongside some of the finest leaders/mentors around the state.
Christina Courson joined Hays Consolidated Independent School District on May 15 as the new chief human resources officer for the district, which is located south of Austin in Hays County.
Ms. Courson worked for 11 years at the Texas Juvenile Justice Department in roles including delinquency prevention specialist, educational trust funds administrator, communication specialist, grant writer, performance accountability specialist, and legislative liaison. Inspired to make a difference in the lives of youth earlier in the continuum of services, she left the state agency to enter public education, serving as the communication specialist for Hays CISD for four years. Ms. Courson then joined Lockhart ISD, where she continued to grow in her leadership as public information officer, executive director of communication and community services, and most recently, the chief of staff. In that role, she led the communication, human resources, community education and parent liaison departments. She was excited to return to Hays CISD in her current role as chief human resources officer.
“Public education is under attack, and it is ever more important to ensure that we can retain and recruit highly qualified staff to serve the children of Texas. Our students deserve the best foundation for success, and in human resources, we have the privilege and responsibility of ensuring our districts have the right people to provide it.”
Ms. Courson has a Bachelor of Arts in International Studies from The American University in Washington, D.C. She also earned a Master of Science in Leadership and Change from St. Edwards University in Austin and is a graduate of the District Leadership Program by The Holdsworth Center.
WHAT SIZE IS YOUR DISTRICT?
Hays CISD serves approximately 22,000 students at 26 campuses across 221 square miles in northern Hays County. The district has 3,000 staff.
WHAT CHALLENGES ARE YOU CURRENTLY FACING IN YOUR DISTRICT?
Like school districts across Texas, the delay in decisions about public education funding by the legislature and governor during this legislative year has caused the district to dip into its general fund balance this budget year. While Hays CISD was able to weather this storm this year, this is not sustainable in the long run. In terms of taking care of our employees in the face of this challenge, our school board well-positioned our staff with generous pay increases and benefits over the past several years, so even with smaller pay increases this year, we are still a regional leader in compensation.
WHAT ARE YOU HOPING THAT TASPA WILL PROVIDE YOU AS A MEMBER AND HOW DO YOU FEEL YOUR RECENT CONFERENCE/WORKSHOP ATTENDANCE BENEFITED YOU?
I am grateful for the resources and support TASPA provides its members. Whether a rookie or a veteran, everyone can benefit from the continuous learning opportunities TASPA offers. I recently attended a Certification Training in Manor, which was packed with excellent information and updates. Also, the TASPA law conference and annual conference in Round Rock in July created opportunities to network and learn best practices. I really loved the case studies in investigations presented by the investigation unit team from the Texas Education Agency.
assessing whether student speech is protected by the U.S. Constitution.
This seminal case involved five students, including four Tinker siblings, who wore black armbands to school in protest of the Vietnam War. The Supreme Court recognized that students do indeed have constitutional rights during the school day. The Court also recognized the “special characteristics of the school environment” that may limit those rights. The standard birthed here judged student speech or expression by whether it “materially or substantially interfere[s] with the requirements of appropriate discipline in the operation of the school.”
Wesley L. Nute, Jr., Senior AssociateIt can hardly be argued that…students shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.” - Justice Fortas, Supreme Court of the United States (1969)
AThere is no escaping the spotlight on education in Texas and across the nation. Whether due to the synergies between social media and a growing crescendo of voices shouting their ideologies from their proverbial rooftops or due to some other cause, the responsibility of educators to assess student speech has increased even as schools grapple with employee speech and a
more vocal contingent of parents. Certainly, our students are not sequestered from the hot topics of the day. Their technology-driven generational ethos is teeming with opportunities for them to join the fray. That same technology that affords students additional and greater platforms for sociopolitical engagement also gives them a vehicle for other controversial expression, including the potential for cyberbullying efforts outside of school that now tend to keep pace or even “improve” upon those oldschool, in-person bullying efforts school officials used to focus on almost exclusively.
Allow a refresher then: let’s take a walk down the decades-long student free speech jurisprudence to see if we can’t just stumble upon some best practices or critical considerations when
Justice Fortas, in his majority opinion, made clear that public schools could not prevent students from expressing an antiwar viewpoint that just happened to be out of step with the prevailing state wisdom. The classroom was instead to be a “marketplace of ideas.” We then have a case here that involved on-campus speech that did not cause disruption.
Students 1 – Schools 0.
While some time had passed since Tinker, the Court re-entered the chat for this case. Matthew Fraser, a high school student in the Bethel School District in Washington, was suspended for making a speech that included sexual innuendo at a school assembly. The Supreme Court ruled that the suspension did not violate Fraser’s First Amendment right to freedom of speech, thus limiting the Tinker
analysis. The latter protected non-disruptive student speech, but the Fraser decision carved out an exception prohibiting sexually vulgar expression. Justice Burger, in the majority decision, essentially posits that parents and educators are not to turn over control of the American school system to students. To extrapolate, the Court simply believes that some things are just off limits for students.
Students 1 – Schools 1.
The Spectrum, a student newspaper published at Hazelwood East High School in St. Louis Missouri, was to publish an article on students who had been pregnant, using false names to protect their identities. The principal omitted two pages of the story because he felt it was inappropriate. The students then filed a lawsuit. Perhaps surprisingly, the Supreme Court held that the principal was entitled to censor the articles because the school paper was never meant to be a public forum. In sum, because the student newspaper was school-sponsored speech, educators enjoyed a lesser burden than Tinker’s substantial disruption standard. Instead, educators just needed to show that their actions bore a reasonable relationship to legitimate educational concerns.
Students 1 – Schools 2.
In this famous case, a principal suspended student Joseph Frederick after he displayed a banner across the street from the school reading “BONG HiTS 4 JESUS.” The Supreme Court held that the First Amendment does not prevent educators from suppressing student speech that promotes illegal drug use at or across the street from a schoolsupervised event. The speech promoted ideas not appropriate for the school setting; therefore, the school had discretion to limit it. This represents an illegal drug use exception to student speech in schools. Students 1 – Schools 3.
In this case, a student recorded and posted a rap song with criticism of school coaches with cursing and threatening language. The student was suspended and expelled. There was little disruption on campus, but coaches testified to being fearful for their safety. The Court found in favor of the school, noting that the Tinker standard of “material and substantial disruption” could be used for off-campus speech. Even if a disruption did not actually occur, the administration could have reasonably anticipated a substantial disruption due to the threats, harassment, and intimidation of teachers. Students 1 – Schools 4.
This landmark decision brought Bell to its natural conclusion when a 10th grade student who was upset about only making the junior varsity cheer squad sent a Snapchat message to a group of friends flipping the bird and stating, “F*** school. F*** cheer. F***softball. F*** everything.” The message was sent outside of school time and to a private group, but somehow saw the light of day anyway. With the administration getting a hold of the message, the school removed the student from the cheer squad. A lawsuit ensued, and the Supreme Court eventually decided something extraordinary: school administrators do have the power to punish student speech that occurs online or off campus if it genuinely disrupts classroom study.
To be clear, the justices concluded that the student in this case uttered a few swear words which did not rise to the definition of disruptive behavior. The student’s speech was criticizing the administration and school rules, which is exactly the type of speech the Constitution was intended to protect. While the disruption in this case was minimal, the Court here produced a major carveout
for off campus and/or online student speech that is materially disruptive per Tinker. Students 2 –Schools 4.
While student speech is generally well protected, we note the Supreme Court has highlighted several exceptions—declining to protect speech that includes sexual innuendo, allowing for greater censorship for school-sponsored speech like a student newspaper, and excepting the promotion of illicit drug use from protection as well. The Court further stretches the long arm of the public school district to punish student speech that takes place off campus and yet still results in a substantial disruption on campus, whether actual or anticipated.
With these parameters in mind, before issuing disciplinary action or extracurricular consequences for out of school speech, determine:
• Would the student’s speech or expression be deemed substantially disruptive if it took place on campus?
• Did the student speech encourage or reflect illegal conduct?
• Did the speech constitute a direct threat against the school or school officials?
• Is the purported speech actually just conduct subject to the traditional considerations of student discipline rather than speech or expression?
If all else fails as you navigate this analysis, please contact your school attorney for additional guidance.
Like all Americans, public school employees have a wide range of opinions on all of the hot button issues of the day. They enjoy constitutional protection for the expression of those opinions. But there are situations in which the public school, as an employer, has the right to restrict teachers and other employees in what they say, when they say it, or how they say it.
In Kennedy v. Bremerton School District (2022), the U.S. Supreme Court reinforced the landmark Tinker case by holding, “the First Amendment’s protections extend to teachers and students, neither of whom shed their constitutional rights to freedom of speech or expression at the schoolhouse gate. Of course,” writes Justice Gorsuch, “none of this means the speech rights of public school employees are so boundless that they may deliver any message to anyone anytime they wish.” This article addresses the middle ground: the rights of public school employees to engage in speech on issues of politics, religion, and
social concerns while at work or acting in their official capacity, and how to balance those rights with the interests of the school district as an employer.
One critical question is whether the speech is within the scope of an employee’s duties. Which poses another question: what are the public school employee’s employment duties? A public school teacher’s duties can be broad and multifaceted: imparting knowledge and wisdom to students, and serving as a role model. A public school teacher’s duties can also be narrow: teaching students how to do long division or serve a volleyball.
Kennedy v. Bremerton involved a brief prayer by an assistant football coach immediately after the game at the 50-yard line. The 9th Circuit Court of Appeals held that his personal religious prayer was not entitled to First Amendment protection because it would be perceived as carrying the endorsement of the school district. However, the Supreme Court was quick to shut that down. The Supreme Court held (63) that secondary school students are mature enough
to understand that a school does not endorse speech that it merely permits on a nondiscriminatory basis.
Courts will also look at the timing and circumstances of employee speech. Other appellate courts have found that a teacher’s speech inside the classroom is not private speech because teachers are hired for the purpose of teaching curriculum to students. Contrast that with an employee’s participation in a march at the capitol, during the weekend. It is also unlikely that a teacher is fulfilling a responsibility imposed by her employment by attending church on Sunday morning with her family.
Even with First Amendment protection, a school district can justify overriding an employee’s rights if the district’s interests outweigh the interests of the teacher. However, this requires the school district to survive “strict scrutiny,” a high standard that requires any restrictions on an employee’s protected rights to serve a compelling interest and be narrowly tailored to that end.
For example, in Williams v. Dallas Independent School District (2007), the 5th Circuit held that an athletic director could be fired for sending a memo
that questioned funding allocations within the school, because he was speaking in the course of his employment and thus was not protected by the First Amendment. That same employee could not be fired for kneeling at midfield after a football game to offer a quiet prayer. In the latter situation, the coach’s prayers do not owe their existence to his responsibilities as a public employee.
A district contemplating discipline against an employee for exercising speech should consider (1) the employee’s specific duties; (2) whether the employee was acting within the scope of their employment duties when they made the speech; (3) the timing of the speech; and (4) the circumstances of the speech.
In a time of unprecedented divisiveness – seek counsel if you are unsure where to draw the line in the sand.
Holly Shelton & Chris Tatum, Amarillo ISD
Sitting in a district leadership meeting packed full of people, my mind is wandering, when someone taps me on the shoulder and whispers, “I’ve got the neatest thing to tell you. Our custodian fixed the tire on one of our student’s bikes on his own without anyone knowing while the kids were in class last week. Isn’t that remarkable? We’re lucky to have him. Thought you’d want to know.”
Walking down the hall, I’m headed to the break room for some ice when I run into a teacher I haven’t seen in a while. She shares a story about a student publishing a book. Quite impressive for a middle schooler.
Does this sound familiar to you? For years as a noneducator in education, I’d be stopped in the hall, and get emails and phone calls, about special things happening in our schools. I’d take it in, think to myself, “Wow, that’s amazing,” and then get back to my to-do list, really not knowing what to do with the story I’d just heard. Ten-plus years later (I’m a slow learner) we discovered a way to use those stories to share about the value of public education in our community.
As Human Relations and Public Relations pros, we are in the “people business.” Sure, you may say, although our end goals are quite different. But are they, really?
HR needs- quality candidates to educate students and support district operations.
PR needs- mission-minded employees who are influencers on behalf of their district.
HR needs- strong workplace culture to attract and keep quality staff.
PR needs- a strong reputation in the community for schools with proven student success.
HR needs- sounding boards for the development of internal/external messaging.
PR needs- a network of local communicators (otherwise known as employees the HR department hired) who want to share the district’s successes.
HR needs- communication pros to help disseminate important and/or timely information.
PR needs- “in-the-know” pros to provide advance
notice of potential negative news items. Simply, whether you sit in an office in the HR department or down the hall in the PR office, we both want to be part of a school district that is a trusted institution with a strong culture. We want to be known as the best place to work and the best place for students in our communities. By working together, we can leverage our strengths to build a stronger culture internally, influence public perception externally and promote our district by telling powerful stories.
Instead of filing away those success stories in the back of our brains where they will never see the light of day, HR and PR professionals have an opportunity to work together to bring these stories to light. As an HR pro, you hire the district’s employees and work closely with principals and other campus staff. Leverage those relationships and time spent with campus personnel to gain insight about the extraordinary things going on at schools and then share those stories via your department’s typical communication channels (Facebook, employee newsletters, etc…) or with your district’s communications department. Take a photo, write a short story or make a video showcasing the best of your district.
Scan the QR code to visit a playlist for a look at how we’ve done that in Amarillo ISD and consider how you can play a role in sharing your district’s unique stories.
the military translate very well into teaching and with many veterans coming out the sense of camaraderie that is missed when leaving the service is present in the education field. Teamwork is essential in both the world of education and the military. This could be a great way to fill the teacher shortage with motivated professionals that want to ensure success for their students and community.
Quincy Holland received a TASPA scholarship in 2018. He was the 19th student from Southwestern University to receive a scholarship from the TASPA membership. Mr. Holland is the Secondary Teacher of the Year for Pflugerville ISD. Congratulations, Mr. Holland!
Since graduating Southwestern University in 2019, Quincy Holland has spent the last four years at Pflugerville ISD teaching eighth grade U.S. history and Pre-AP U.S. history at Dessau Middle School. His first year working at that campus, he won Campus Rookie of the year. And every year since, he has been nominated for Teacher of the Year. This year he not only was awarded the Campus Teacher of the Year, but PFISD Secondary Teacher of the Year.
The way I would encourage people to enter the teaching profession is first to recruit more veterans. I feel that my time in the military has helped me understand different ways to inspire students that are difficult to motivate. The skills that are learned in
What I find most rewarding about teaching is experiencing the students reach the “Ah-ha” moment. When I am teaching a lesson, I like to implement a lot of critical thinking questions that relate to their everyday lives and tie it to the history we are learning about. As I am listening to the students’ responses, there is always a moment when you see a student’s eyes widen and their mouths open up as if in a gasp, then they have a sudden smile on their face. That’s when I can’t help but smile because I know they finally got the main idea of the topic. They start to speak faster than they can think because they want to get their ideas out. While at the same time, other students feed off the energy the first student put out as they start to understand the concept. It’s like watching a Christmas tree light up, lights blinking throughout the tree as it illuminates the area. Seeing that excitement about history and how it relates to them personally is something that I wish could be bottled up because there is nothing like that experience.
If I could go back to December 2018 and give myself one piece of advice, I would say “Trust in your process”. When I entered into the teaching field, I had a few goals that some thought would die out as I became a teacher. One of the goals that I had created for myself is that I would always have a high standard for myself and my students. On the first day of school, I tell my students that my class is hard, but they will end up loving it if they keep an open mind. In my class the environment is very structured with activities and conversations that are meant to challenge them and their community. Teaching history, I am aware that many students find it boring and unrelatable. By the time the year is over, they end up loving history because they finally understand the importance of it. I have made it a focus for students to take pride in their culture and themselves
and by uniting them through rigorous lessons, Dessau has consistently had some of the best scores in the district in 8th grade social studies. I share the data with them, and they see their own growth, then they start to become competitive to outscore not only other classes but other schools. This spirit translates into students who question not only each other but me as well in class discussions and debates. This is what I want for my students to challenge society and the world.
I also made it a point that I will always come to work dressed professionally, meaning a shirt and tie every day. When I had told other teachers this, they would chuckle and say, “We’ll see how long that lasts” as if it would be an impossible idea. Well, four years later it’s now odd to everyone on campus to see me in anything other than a shirt and tie. This has also inspired the campus to adopt Monday’s as professional day where all staff are encouraged to dress in professional attire, as well as them adopting my “suit week”. Suit week is just as it sounds where for one week, I would wear a full suit. The purpose of this is to show students that teachers are professionals, and we take pride in our profession. This past year many of the staff adopted this and it was well received. So much so, that students even participated!
So that is why the advice I would give to my past self is to “trust in your process.” Because what I believe a teacher can do to influence their students and colleagues can happen when you remain consistent in what you want to achieve and simply trust the process.
he teacher shortage has been hardest on specialized and advanced disciplines. While general teacher availability is still low, special education, STEM, and language teachers are more rare.
Exacerbating this stunning shortage in specialized educators has been a steeply growing demand for these positions. SPED, STEM, and language teachers have become cornerstones of thriving school systems, and their hardto-solve absence has left over 45% of school districts to operate without full staffing.
So how can this problem be solved?
It’s not like districts can just wave a magic wand and put these specialized teachers in their classroom... or can they?
The truth is there’s very little districts can do reverse low graduation rates for specialized educators. What they can do, is partner with employee solution firms to bolster their hiring and training abilities.
Employee solution firms such as ESS are helping districts reinvent their hiring practices into a more mentoring
focused model. ESS is primarily a substitute teacher solution, providing over 100,000 substitutes nationwide (10,400 of which are in Texas). The company leverages its extensive resources, to hire and train substitute candidates who have the potential to grow into the full-time hires, including SPED, STEM, and language personnel.
“We regularly hire multilingual substitutes as a normal part of our service to our district partners,” Fred Bentsen, Vice President of Business Development, Texas, said. “We also help our substitutes pursue STEM credits and certification, supporting them financially through their continuing education. And we’re one of the country’s largest employers of special education professionals,” he added.
“Our district partners know they can count on us to actively recruit, train and place substitutes for all positions, but with a laser focus on their hardest-to-fill positions and this is key to our role as a partner who is aligned to the district’s student achievement goals.”
Due to the teacher shortage, virtual teaching solutions have become popular, giving districts a fast, viable solution to an otherwise daunting problem. Companies such as Proximity Learning use technology to
place certified, specialized teachers directly in classrooms. “We found our purpose when a notable teacher shortage began back in 2010,” Annette Rodriguez, Executive Director of Sales for Proximity Learning, said. “We were connecting certified teachers in one part of the country with students in another, making a real difference in educational equity and access. Our teachers are not only certified in a given content area, they are virtual teaching and learning experts.”
A good virtual teaching solution is more than just “Zoom with an inclass proctor.” Proximity Learning drives connection with students by emphasizing interactivity, one-onone time between teachers and students, and flexible live sessions that fit seamlessly into your schools’ schedules. It’s program components like these that will keep students engaged, connected, and learning in their virtual classrooms.
It’s true that virtual teaching solutions can drastically improve educational equity in schools. Virtual classrooms connect SPED, STEM, and language teachers with students to open whole worlds of opportunity. Proximity Learning provides students access to teachers and courses that would not otherwise be available.
Annette Rodriguez Executive Director of SalesTThis year’s Summer Law Conference, presented by Eichelbaum Wardell Hansen Powell & Muñoz, P.C. was a full-day conference, and included four general sessions and two tracks of breakout sessions for rookies and veterans. Legislative Updates, Case Law and Commissioner Opinions and Title VII Updates were covered during General Sessions, and breakouts session topics included FMLA, ADA and Termination and Non-Renewal of Contracts. TASPA values its continued partnership with Eichelbaum, and we are proud of the professional development and continuing education they provide our members.
The TASPA Summer Conference included three general sessions and 39 breakout sessions which included over 70 speakers. Presenters included speakers from law firms Eichelbaum Wardell Hansen Powell & Muñoz, P.C.; Walsh Gallegos Treviño Kyle & Robinson, P.C. and J.Cruz & Associates, and also from TEA, TRS, TASB HR Services, DPS and many others who provided excellent sessions covering a range of topics. We also appreciate the school districts that shared their best practices by presenting breakouts sessions: Amarillo ISD, Dickinson ISD, Ector County ISD, Hays CISD, Hutto ISD, Lake Worth ISD and McKinney ISD.
The Summer Conference also provided opportunities for all 6 TASPA districts to hold meetings. These district meetings are critical in providing structure to our association and allow for district members to elect their TASPA district representatives and committee members. During these summer meetings, District I selected Melissa Aguero Ramirez of PSJA ISD, a long-time member of the SBEC Committee, to serve as the chair of that committee, and District III elected Eddie Curran, Chief Human Resources Officer, Round Rock ISD, to serve on the Conference Planning Committee. Thank you to these members for their willingness to serve!
And finally, the Closing General Session featured our first ever HR Panel discussion which included a variety of topics including Staffing Shortages, Grow Your Own, Recruitment and Retention, Compensation Strategies, School Safety and others. Panel members included HR administrators from across the state with many years of experience. Thank you to our inaugural panel members for a thought-provoking session that was beneficial to all: Scott Corrick, Director of Human Resources, Aldine ISD, Dr. Sundie Dahlkamp, Executive Director of Human Resource Services and Communications, Pearland ISD, Magda Hernandez, Superintendent, Irving ISD, Dr. Tim Miller, Executive Director of the Uvalde CISD Moving Forward Foundation and Director of Leadership Development at the Charles Butt Foundation, Kala Moore, Chief Human Resources Officer, Jacksonville ISD, Melissa Aguero Ramirez, Professional Development Director, Pharr-San Juan-Alamo ISD, Rick Rodriguez, Chief Operations Officer, Lubbock ISD, Bobbi Russell-Garcia, Chief Human Capital Management Officer, Ysleta ISD, and Willie Watson, Jr., Chief Human Resources Officer, Pflugerville ISD.
TASPA greatly appreciates the support of our sponsors: Diamond Sponsors – ESS/Proximity Learning, Frontline, Gulf Coast Educators FCU, iteachTEXAS, Kelly Education, Red Rover and Teachers of Tomorrow; Gold Sponsors - PowerSchool and Teachworthy; and Bronze Sponsors - 240 Tutoring, Skyward and Upbeat.
Thank you to the presenters, facilitators, sponsors, TASPA board members, TASPA staff and TASPA members that helped to make this conference a huge success!
We hope you will join us again at the Kalahari for the Fall Support Staff Conference October 2-3 and Winter Conference December 6-8!