HR Connection February 2021

FEBRUARY 2021

TEXAS ASSOCIATION OF SCHOOL PERSONNEL ADMINISTRATORS

TASPAHR Connection Your HR Quarterly Newsletter

Pivoting to Virtual Teacher Recruitment How Austin ISD recruited and hired hundreds of teachers using free tools

Also in this issue: • Grievances • Managing ADA & FMLA During a Pandemic

Table of Contents TASPA Staff, Executive Board & Committees

04

President’s Message

06

Calendar of Events

07

Welcome New TASPA Members

08

Meet your Newest Board Member

09

Member Spotlight

10

Pivoting to Virtual Teacher Recruitment

13

A Recap of TASPA 2020 Winter Conference

17

Diamond Sponsor Spotlight

18

Special Thanks

21

Grievances: Hindsight is So Last Year

22

Managing the ADA & FMLA During a Pandemic

26

TASPA President Martha Carrasco

2021 TASPA Events

New TASPA Members

Featuring Chris Halifax, District V Representative

Featuring Melissa Aguero Ramirez, Pharr San Juan Alamo ISD

How Austin ISD Recruited and Hired Hundreds of Teachers Using Free Tools

Thank You to Everyone Who Helped Make this Confference a Success

Featuring Texas Teachers

Thank You to CTASPA and GCASPA for Contributing to the TASPA Scholarship 2021

A 2021 Approach to Handling Grievances

An Overview of Both Laws

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Staff & Executive Board TASPA STAFF Dr. Lolly Guerra, Executive Director Chandelle Crane, Marketing & Communications Manager

TASPA EXECUTIVE BOARD Martha Carrasco, President, Canutillo ISD Max Flores, President-Elect, La Vernia ISD Al Rodriguez, First Vice President, Elgin ISD Kimberly Rich, Second Vice President, Dickinson ISD Bernadette Gerace, Secretary, Prosper ISD Rick Rodriguez, Immediate Past President, Lubbock ISD

TASPA DISTRICT REPRESENTATIVES Ben Muir, District I, Northside ISD Dr. Tyrone Sylvester, District II, Goose Creek CISD Dr. Tamey Williams-Hill, District III, Austin ISD Johjania Najera, District IV, Keller ISD Chris Halifax, District V, Abilene ISD Craig Lahrman, District VI, Ysleta ISD

TASPA Committees TASPA LEGISLATIVE COMMITTEE Sharon Fuery, District I, Southside ISD Dr. Casey O’Pry, District II, Clear Creek ISD Kayan McKreith, District III, Elgin ISD Dr. Philo Waters, District IV, Eagle Mountain-Saginaw ISD Brett Beesley, District V, Dumas ISD Bobbi Russell-Garcia, District VI, Ysleta ISD

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TASPA Committees TASPA NOMINATIONS COMMITTEE Melissa Aguero-Ramirez, District I, Pharr-San Juan-Alamo ISD Barbara Ponder, District II, Barbers Hill ISD Michele Gilmore, District III, Burnet CISD Dr. Loraine Marazzano, District IV, Grand Prairie ISD Paul Kimbrough, District V, Canyon ISD Elvia Moreno, District VI, Canutillo ISD

TASPA SCHOLARSHIP COMMITTEE Charity Salinas, District I, Southside ISD Kelly Gabrisch, District II, Humble ISD Krista Marx, District III, Elgin ISD Monica James, District IV, Waxahachie ISD Paige TeBeest, District V, Amarillo ISD Celina Stiles, District VI, Socorro ISD

TASPA CONFERENCE COMMITTEE **Includes President, President-Elect & District Representatives Brandon Chandler, District I, Gregory-Portland ISD Dr. Nkrumah Dixon, District II, College Station ISD Krista Marx, District III, Elgin ISD Sandy Garza, District IV, Keller ISD Tori Adams (Para Rep), District IV, Keller ISD John Forbis District V, Canyon ISD Rosa Ramos, District VI, El Paso ISD

TASPA SBEC COMMITTEE Melissa Aguero-Ramirez, District I, Pharr-San Juan-Alamo ISD Cyndy Pullen, District II, Columbia-Brazoria ISD Rene Eakins, District III, Round Rock ISD Pamela Linton, District IV, Frisco ISD Rhonda Dillard, District V, Frenship ISD Jiovana Gutierrez, District VI, Ysleta ISD

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President’s Message “Even though we have been physically separated...this crisis has worked to bring us closer together...”

G

reetings TASPA Members! I hope that your 2021 is off to a good start.

The COVID-19 vaccine rollout and preparations for a safe return to school gives us hope for a better tomorrow.

Let us reflect on some of the unintended positive effects that have come from this health crisis.

Families have become closer since we have had to spend more time at home.

Parents have had opportunities to really get to know their children. In the hustle and bustle of normal times, we often miss some memorable moments. Many parents have expressed appreciation for bonding experiences that would have been lost in the usual daily grind. It seems that our air is purer and skies clearer without the heavy emissions that come with daily commutes.

Even though we have been physically separated, for the most part, this crisis has worked to bring us closer together than ever before. For instance, teachers and parents have increased their collaboration to make remote learning work. School leaders have had to join hands, figuratively, to develop ongoing responses to the ever changing health guidelines and to improving instructional technology needs both at school and at home.

It is an honor and a privilege to serve as TASPA President for 2021. I have served on the TASPA Board since 2015 and have had the opportunity to serve with and meet outstanding HR professionals that provide great leadership and guidance not only on the Board, but within the organization as a whole. I would also like to recognize Dr. Lolly Guerra and Chandelle Crane for their excellent work in helping us through the challenges COVID-19 has brought to the organization. I am looking forward to this year being much safer and healthier. I am excited and hopeful that we may enjoy our Summer Conference face to face at the Kalahari Resort in July!

Thank you again for all your hard work in your respective Districts and for your support as I embark as TASPA’s President for 2021.

Best Wishes,

Martha Carrasco Martha Carrasco is the 2021 TASPA President. She is the Chief Human Resources Officer in Canutillo ISD.

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Calendar of Events For more information and updates on post-poned or virtual meetings due to COVID-19, please visit our webiste at taspa.org or call 512494-9353.

DATE

EVENT

LOCATION

February 25, 2021

Certification Fundamentals

Virtual

March 2, 2021

Webinar: Title IX Part Two: Investigating and Making Decisions about Title IX

Virtual

May 12, 2021

Webinar: What Does a Recent Supreme Court’s Decision Mean for Gay or Transgender Empoloyees

Virtual

July 14-16, 2021

TASPA Summer Conference

Kalahari Resort, Round Rock, TX

October 4-5, 2021

TASPA Fall Support Staff Conference

Kalahari Resort, Round Rock, TX

December 8-10, 2021

TASPA Winter Conference

Kalahari Resort, Round Rock, TX

Thank you to our 2021 Conference Diamond Sponsors:

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Welcome New TASPA Members New TASPA Members (November 16 - February 15)

Ximusantis et laboreriae simet esequate Brenda Bice, Human Resources Coordinator, Hereford ISD dunt oditem. Te odiscilia debisci picabo. consend aeptur alitibusa Jeanifer Caldwell, Director of School Training & Support,Nam, TxCEE re exernam a dolorum que cores Deanna Cannon, Transportation Coordinator, MidlothianBlam ISD ventios doluptas est omni int paria denitem viderfero te enet volest, Naomi Esparza, Director of Mentoring and Teacher Quality, Ysleta ISDnonsendis et earumquisqui consed quia dolupta spicil ipsum estorep tatibus andaerum ipsunda Lindsey Foley, Friendswood ISD eperumqui solorep udaeperro quat exerum Gail Gnatovic, Coordinator of Human Resources, Grapevine-Colleyville ISD in et, sitam es venitasit dolupta tiaerna temolupitium utemperum quas aped.s, sed Jakeb Goff, Coordinator of School Improvement, Regionmaximus 8 ESC ad qui doluptatem es at.

Katherine Lewis, Director HR/Payroll, Copperas Cove ISD Ro cus autat quis pratio. Coribusam rem inihil modis autat qui simpore verum Shante Lyons, Director Human Capital, Manor ISD ius sunt estisimus, idicien totatateuia simaximus destor mi, to berovit latur aut John Phillips, Counselor, Abilene ISD ut rem volluptatia doluptis des maionseque voluption re expe pre voluptatur maximi, Linette Pugh, HR Coordinator, DeSoto ISD vid et quidundam.

Alison Sims, Executive Director of Human Resources, Abilene ISD Coreped eos eostrundam, qui omni cusci non exeruptate delendi res re volorpore Donna Suderman, HR Generalist, Dickinson ISD nobitat il maionestiis sitiur reste volor similibus sitaecumquos dis quamus sunto veriorem laut quo imil eum soluptas reperumque volore doloriosa

Meet Your Newest Board Member

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CHRIS HALIFAX

TASPA DISTRICT V REPRESENTATIVE

Chris Halifax is presently the Director of Human Resources for the Abilene Independent School District. Her career in education has spanned over twenty-three years in three different school districts. Before moving to Abilene ISD, she served in Conroe ISD and Birdville ISD. In addition to working in Human Resources, Ms. Halifax has served as a teacher, Advanced Academic Specialist, Instructional Coordinator, and Principal. The opportunity to work in different locations across the state and in various roles has not only been rewarding but afforded great preparation for her current role in Human Resources.

Ms. Halifax holds a Bachelor of Arts in Organizational Communication with a minor in General Business Administration from Abilene Christian University. She earned a Master of Education in Administration from Texas Woman’s University.

ADVICE TO THOSE NEW TO HR: The best advice I would give to those new to HR would be to stay true to characteristics that make a great educator such as flexibility, patience, and grace. Flexibility in terms of being open to ideas and realizing your day may not go as planned. Every day will present new opportunities for learning and growth. When a problem is presented it may seem that there is one solution; however, as the story develops what you once thought to be true may take a whole different direction. In HR we work with hard topics and circumstances that require growth for the employee. Humans are complicated, unique and passionate. Managing human capital requires serving as encouragers and finding the good in others through patience and extending grace.

We must not lose sight of the “heart” while working within local, state, and federal legal guidelines.

CURRENT CHALLENGES IN YOUR DISTRICT?: It goes without saying, the pandemic has changed our world in numerous ways. One of the biggest challenges we are facing regarding human resources is staffing. Decreased enrollment impacts funding; therefore, staffing solutions for the future are proving to be a hot topic. We are evaluating our current puzzle pieces to find a fit that provides the best instruction for students while staying fiscally responsible.

HOW HAS TASPA BENEFITED YOU?: I would say the ability to network with other Human Resource professionals is the greatest benefit as a member of TASPA. The knowledge and education gained from TASPA meetings, conferences and webinars through peers cannot be measured for its immense value. While TASPA is a large organization with many members, the support and encouragement are comparable to a familial relationship.

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Member Spotlight

MELISSA AGUERO RAMIREZ PHARR SAN JUAN ALAMO ISD

Melissa Aguero Ramirez is the Chief of Human Resources with Pharr San Juan Alamo ISD. She has served in the education field as a Human Resources director for various school districts since 1999 spending the majority of her career at Region One ESC where she was instrumental in creating/implementing longstanding initiatives such as the ONE*APP (online application system), SubHub (sole program throughout the state where substitute teachers contribute to TRS), and a substitute teacher certification program for the region. Prior to commencing her professional career in this field, she taught Business classes at STC and substitute taught. She also has 7 years of experience as a store manager and district manager for various retail stores.

Ms. Aguero Ramirez is a UTPA alumni, having received her BBA in 1992 and MBA in 1999. She has a son and a daughter that she adores, both of whom attend UT-Austin. She truly believes that education is the key to a better tomorrow and feels blessed to be able to work in the area that she has a passion for (Human Resources) within the field of education – it’s the best of both worlds!

Ms. Aguero Ramirez currently serves on the TASPA State Board for Educator Certification Committee (SBEC) and the TASPA Nominations Commitee. She also served on the TASPA Conference Committee from from 2016-2020.

ADVICE TO THOSE NEW TO HR: Dedicate your first year to getting “down and dirty” – roll up your sleeves and get in there with your staff and ask “Why?” of every process so that you can understand why they do what they do. You will learn the “what needs to get done” at TASPA’s conferences, meetings, and trainings /with TASB support. After that first year you can work on adjustments accordingly. I lovingly remember my first year- best advice I got was “just get through the first year and every year after that will be easier because it’s the same thing”. Well, we joke that 21 years later it isn’t easier because every year has brought on new adventures BUT it is true – there are things we do annually at the same time every year. You need to LOVE what you do!

CURRENT CHALLENGES IN YOUR DISTRICT?: Teleworking has been a “catch 22”…excellent opportunity to bring folks back from FMLA but there are times that we need employees onsite and there has been resistance so more ADA cases.

Technology learning curve – teachers and administrators AND students have all had to learn how to use technology like never before! Add to this the availability of technology devices and internet availability ….the stress is real!

Fortunately we were already heading to “virtual everything” so our HR department has been able to adapt but it has still been stressful.

Socio-emotional support for staff – teaching is hard enough but with the added stress from the pandemic all staff is under a lot of pressure. We have had to create additional positions to support our staff and gotten creative with assignments, etc.

HOW HAS TASPA BENEFITED YOU?: The networking is invaluable – I have made lifelong friends as a result and learned a lot from other districts.

Knowing we are “in this together” is comforting! The conferences and trainings are absolutely critical as well – hearing firsthand legislative updates and changes to law from legal firms help make us the experts as well. Growing the professional relationships with attorneys and TASB representatives allow us to grow professionally and feel comfortable reaching out for support.

In K-12 HR, you’re often tasked with doing more with less.

And while you might make it look easy, there’s nothing easy about your role.

With solutions for comprehensive human capital management, you can unlock more time in your day-to-day to focus on strategic initiatives.

Already imagining how much easier life could be? Learn more at: FrontlineEducation.com/HCM

• Proactively plan and manage your organization • Attract, engage, and retain top talent • Do more with less by connecting disparate HR systems

TO YOUR DISTRICT’S SUBSTITUTE STAFFING STRUGGLES.

TO THE SUBSTITUTE COVERAGE YOU NEED.

Discover why 21 Texas school districts partner with ESS to provide the substitute coverage they need during the pandemic. We tailor recruiting strategies to your community, advertise district safety measures and testimonials from current substitutes, and train substitute teachers, paraprofessionals, and support staff to succeed in virtual and hybrid classrooms.

Contact us today and let ESS provide your District the support you need this school year.

Fred Bentsen, Vice President of Business Development FBentsen@ESS.com | 832.244.5015 | ESS.com

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Pivoting to Virtual Teacher Recruitment How Austin ISD Recruited and Hired Hundreds of Teachers Using Free Tools

Norma A. Castillo, Director of Talent Aquistion, Austin ISD

R

ecruiters usually only need a few swag items with their school district branding, a passion for their school district and a big personality to recruit teachers. Most recruiters can usually accomplish this right from the trunk of their car.

Every year, our school district employs 600-800 teachers during the span of four to five months in preparation for the first day of school. This requires recruiting

thousands of potential candidates who will eventually make Austin ISD their home. However, in the Spring of 2020 teacher recruitment, like many other things in our world, were immediately changed forever. In the midst of prime teacher recruitment season, we were no longer able to recruit teachers face to face.

Universities, our main recruitment source, suddenly cancelled job fairs and we were faced with having to reinvent how we recruited teachers.

Previously, our district had explored the possibility of virtual recruitment as an option pre-pandemic and had initial conversations with

representatives from different virtual recruitment platforms. We those representatives to follow up but quickly realized they were also being contacted by a large number of other school districts and their response time lagged. We also realized purchasing a virtual recruitment platform in the time of budget uncertainty may not be the wisest choice. Therefore, we quickly developed a system to virtually recruit teachers with free tools we already had available. Using Zoom and Google forms, our team created a toolkit that included everything we needed to recruit, interview, and onboard hundreds of educators.

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“

with different principals.

Even though we have suddenly cancelled job fairs ... we were faced with having to reinvent how we recruited teachers.”

(Platforms used: Zoom, Google Forms) Information Sessions

The goal of the information Sessions was to provide potential candidates an opportunity to learn more about topics of interest, opportunities in our district, and encourage candidates to apply for a position in our district. The series of sessions were held once a Principal Toolkit week throughout the recruitment season and led by the Office of Talent Acquisition. They provided an Principals are our primary hiring managers so we opportunity for positive district exposure to internal created a toolkit that would guide them through the and external candidates. Candidates RSVP to the one tools and recruitment events the Office of Talent Acquisition created. Because we know people process hour Zoom session and could select to attend one or all information differently, we created the toolkit in a chart of the sessions. These sessions were highly attended and word version. The toolkit included all of the tools by potential candidates and some of the topics were repeated due to candidate demand. The information that are included in this article as well as step by step session topics included were: how-to explanations on how to use the tools. From how-to videos on creating a Zoom meeting, to Google • Best forms with teacher interview questions for principals Practices to use, to PowerPoint slides principals can use during for a virtual interview, the toolkit aimed at providing Resumes principals with everything they would need to recruit and and interview teachers virtually.

Effective (Platforms used: Excel and Word)

Virtual Recruitment Events

Virtual Interviews

• The Paths to Obtaining The goal of the meet and greets was to allow principals a Texas access to candidates through quick (10 minute), Teaching individual conversations via Zoom. Principals hosted Certificate a one-and-a-half-hour session where they were able to individually meet up to 6 candidates. Candidates were • The pre-screened for basic eligibility. The meet and greet Teacher Assistant to Teacher Path was not meant to take the place of a full interview • The perks of being a bilingual or special education but the principal could follow up with candidates teacher by scheduling a full virtual campus interview or by recommending the applicant to another principal for (Platforms used: Zoom, Google Forms, Google Slides) consideration.

Chat with a Recruiter On the days of the scheduled sessions, multiple Zoom The goal of the chats was to provide potential sessions were hosted by principals across the district. candidates with specific dates and times where Instead of setting up a booth like a face-to-face job they had an opportunity to chat one-on-one with fair, the principal pre-set up Zoom sessions and shared a talent acquisition recruiter. The Office of Talent the meeting ID# and password information with the Acquisition hosted two, one-hour chats per week on Office of Talent Acquisition days before the meet and Zoom throughout the recruitment season and into the greet allowing our office to schedule candidates into summer. With all of the talent acquisition staff working sessions. Principals received a schedule with candidate remotely, this allowed candidates scheduled times information along with candidate resumes prior to they knew they would have access to staff who could the meet and greet and candidates were emailed their answer any questions they may have had. No specific individual meet and greet schedule. Many candidates content was pre-planned for the chats and candidates had the opportunity to participate in multiple sessions did not need to RSVP. Candidates decided what the Meet and Greets

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recruiter would chat about based on their questions or needs in real time.

form. Having their own form allowed principals to collect and store interview information.

(Platforms used: Zoom)

(Platforms used: Zoom, Google Forms, Google Slides)

Resume Videos The goal of virtual resume videos was to provide candidates an opportunity to share their resume virtually through a video. The HireVue platform was used to allow candidates an opportunity to upload a three-minute video of themselves where they would bring their resume to “life. HireVue is the only tool we used that is not free but it was a tool we were already using in our district. Resume videos were made viewable to principals by content areas/grade level and served as a pre-screen tool.

Hundreds of resume videos were submitted by potential candidates and this took the place of the traditional candidate “dropping off” their resume at a

Virtual Onboarding Sessions Our commitment to customer service did not waiver through virtual recruitment. We took great care at ensuring that our recruitment events and onboarding sessions were created in a way that provided the candidate a personalized and positive experience.

Normally, onboarding sessions would be held face to face in a large conference room and candidates would have an opportunity to meet with a team of staff welcoming them to the district. They receive benefits, payroll, and other important information.

Our team transitioned these onboarding sessions to Zoom and they were all done synchronously. We created a slide deck presentation where different departments had an opportunity to share information.

Because we hire hundreds of teachers and hold multiple onboarding sessions each week throughout the summer, it was difficult to have our Chief of Human Capital or Superintendent attend all the live sessions, so a pre-recorded video kicked off each synchronous session. New hires self-scheduled into onboarding sessions using Google forms to RSVP to an onboarding session allowing us to prepare and cap the number of new hires per session.

(Platforms used: Zoom, Google Slides, Google Forms)

school or district office.

(Patform used: HireVue)

Virtual Campus Interviews As recruitment events were ongoing, principals conducted virtual teacher interviews using the Zoom platform. An array of tools and resources to help principals with conducting campus virtual interviews were provided in order to ensure that best practices continued to be adhered to and to ensure that all legal considerations for interviews were followed.

Principals were provided with a Google forms of Confidentiality and Disclosure Statement for all interview committee members to sign, interview Question Forms, and slides to display during a virtual interview. The Google forms were shared using a “force copy” feature so that when principals selected the form link, they were able to create their very own

Other Tools RSVP Forms We used a variety of Google forms that captured candidate information and allowed us to strategically plan our recruitment events. RSVP forms were also used to capture and collect principal Zoom meeting information and participation.

(Platforms used: Google Forms) Virtual Backpack We went completely paperless and instead of providing new hires paper resources, we created a “virtual backpack” which was essentially a word document containing live links to resources covered in the onboarding session so that they could refer to later. Each time we referenced a resource during the live onboarding session, the link was also shared in the chat making the session interactive.

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“

Details Matter

We have found innovative and efficient ways of doing things as a result of going completely virtual, not to mention the money saved on travel. ”

How It Went We hired a total of 675 teachers and other campus professionals by the first day of school in 2020 during a pandemic, virtually, and without the purchase of any recruitment platforms. Survey feedback data was collected from principals after events and this allowed us to make immediate changes and improve our practices. Principals reported meet and greets to be the highest leverage recruitment activity and they reported hiring the most candidates as a result of these events. Candidates reported positive experiences from both the recruitment events and from their onboarding experience.

Lessons Learned It does not go without saying that all of this was not easy. It took a different type of thinking and as with anything that involves creation from scratch, it was a lot of work to create and coordinate. Some of the things that worked for us were the following: Chat Board Create a chat board during your recruitment events.

We used TEAMS for ours. This allows for all principals participating in an event to have one place where they can pose questions, ask for support, or share live during the session. Recruiters stood by to provide support as needed and found that many times principals helped each other. This really provided a place for community and that feeling and energy of being in a large space during a recruitment event.

Personality Matters As is with face to face recruitment, the people you have recruiting for your district are important. It is important to have high energy, passionate, and knowledgeable staff behind the screen. This was a team effort and it took all hands-on deck to coordinate events. Look for the strengths on your team. Some people may not be the most comfortable in front of the screen but are very capable of helping with technical details.

Close attention to details is extremely important.

When you think you have thought of everything, you probably have not. If you have ever put on a job fair in your district or coordinated a large event, you know that there are numerous details involved to ensure a successful event. Virtual events are no different.

It is recommended that run-throughs are done and that many stakeholders have provided feedback on tools to ensure all details have been addressed.

Our district will probably never go back to the old ways of recruiting teachers. We have found innovative and efficient ways of doing things as a result of going completely virtual, not to mention the money saved on travel. While we all miss the buzz and energy of face to face recruitment, we will very likely continue to use many of the virtual tools and strategies we created in the future.

If you would like more information about Austin ISD’s principal toolkit, contact Norma A. Castillo, Director of Talent Acquisition, Austin ISD.

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Overview of the TASPA Winter Conference

T

ASPA is pleased to report that the 2020 Winter Conference December 10-11 was a success. We are grateful to all of our TASPA members who attended our virtual conferences this past year.

During the two day conference, TASPA was able to host three general sessions and 31 breakout sessions. We had over 55 speakers that included law firms: Eichelbaum Wardell Hansen Powell & Mehl, P.C.; Walsh Gallegos, Trevino, Russo & Kyle, P.C.; Abernathy, Roeder, Boyd & Hullett, P.C. and J. Cruz & Associates.

We also had presentations from TEA, TASB HR Services, Texas State University, TxCEE, TSPRA and many others. Thank you to speakers, TASPA board members, TASPA staff and TASPA members to help make this conference a huge success!

We are especially grateful to our sponsors and exhibitors who sponsored a booth in our Virtual Exhibit Hall. These included, Elevate K-12, First Public TASB Benefits Cooperative, HIREtech, Kelly Education and Stedi.org. As well as our Diamond Sponsors: ESS, Frontline, iteachTEXAS, PowerSchool, and Texas Teachers. With their support we are able to provide YOU, our TASPA members, continued services and professional development.

We are hopeful to be able to host in person conferences this year. We hope to see you in July at the Kalahari Resort Hotel for our Summer Conference!

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Diamond Sponsor Spotlight

Texas Teachers of Tomorrow, the nation’s leading alternative teacher certification provider, was recently awarded full seven-year accreditation by the Association for Advancing Quality in Educator Preparation (AAQEP). AAQEP is a distinguished organization that helps monitor the success and impact of both education preparation programs and universities alike.

Understanding National Accreditation National accreditation assures the quality of professional preparation programs through a nongovernmental, nonregulatory process of self-study and peer review. Attaining accreditation is a thorough and rigorous process that requires documented proof to demonstrate a program’s ability to equitably serve all students, schools, and communities. Texas Teachers of Tomorrow’s curriculum was evaluated by field experts from the AAQEP Accreditation Commission. Once deemed evident that it successfully met standards, the AAQEP President and CEO Mark LaCelle-Peterson commented, “the program clearly documented its broad outreach to prospective teachers and its capacity to meet workforce needs and increase the diversity of the Texas education workforce.”

The Importance of National Accreditation To ensure the program meets high standards, receiving national accreditation was an essential milestone. “At Teachers of Tomorrow, we provide our candidates with researched-based, engaging preparation, designed to foster well-qualified educators,” said Phillip Braithwaite, CEO for Teachers of Tomorrow. “This extraordinary recognition speaks to the caliber of our program and demonstrates our commitment to upholding quality standards and continually seeking opportunity for improvement.” By imposing a set of quality assurance standards, Texas Teachers of Tomorrow can affirm that educators who earn teacher certification through the program are prepared with the requisite skills to successfully enter the teaching profession.

Texas Teachers of Tomorrow’s Success Over the past 16 years, Texas Teachers of Tomorrow has steadily risen as an industry leader and is now the largest alternative teacher certification provider in the nation and proudly serves districts across the entire state. Having helped more than 70,000 teachers reach the classroom, the company remains committed to training reliably qualified teachers. Founded on effective communication and unparalleled support, the now nationally accredited program helps train teachers who enter the industry – stay in the industry. As one of the most-trusted programs in the state, receiving national accreditation validates the success of the program. While Texas Teachers of Tomorrow continues to expand, we can expect to see continued program improvements, more holistic support for teachers, curriculum advancements, and ongoing district and candidate satisfaction.

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Special Thanks!

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TASPA would like to thank Central TASPA and Gulf Coast ASPA for their scholarship donations. CTASPA is a regional affiliate of TASPA and comprises the District III regional area. GCASPA is also a regional affiliate in the Coastal regions and comprises TASPA District II. Thank you CTASPA and GCASPA for your generous contributions!

Since the 1989-1990 school year, TASPA has awarded a scholarship to assist college/ university undergraduate students seeking their initial teaching certification and/or endorsement. Thank you again for helping TASPA continue this tradition of assisting our future Texas educators!

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Grievances: Hindsight is So Last Year A 2021 Approach to Handling Grievances

Dennis J. Eichelbaum, Managing Shareholder

F

orget everything you have been taught or thought you knew about grievances. Leave behind the notion that grievances are bad, grievances cause problems, grievances poison the environment. Let us take a fresh perspective and see if we can make grievances work for administrators.

Maybe they can actually be an effective tool to resolve issues, as they were theoretically intended.

Gone are the days when building administrators could make decisions in the same fashion that Caesar ruled.

Now that grievances are permitted to be filed for every reason under the sun, it is time to step back and see how to calmly control the situation. Employee grievances can be used to the advantage of the administrator: it simply takes adopting a new perspective.

You may not recognize it, but more than 90% of grievances are resolved in favor

of the employee. When you take into consideration every complaint, whether it be the temperature is too cold or “I did not receive my copies” is an informal complaint that you routinely address and resolve, then most “grievances” are resolved for the employee.

they provide a framework from which the building “concerns” and “grievances” are used synonymously, since a grievance is nothing more than an employee concern.

Please note, the gender used below is masculine, solely for the purpose of fluency.

Remember, grievances against the government are a constitutional right.

From the First Amendment and the right to petition the government for a redress of grievances, to the Texas Constitution’s right of a remonstrance, complaining to the government is as much an American tradition as apple pie. The Texas Legislature has even forced school boards to now listen to any member of the public that signs up during public forum prior to voting on matters during school board meeting.

1. Consistency is not only the best offense, it is the best defense. It is convenient (and proper) to respond to an inappropriate request by informing the employee that it must be done a certain way because that is the school (or district) policy. However, should an employee concern ever come to a grievance, consistency gets the administrator past the main grievance claim, “arbitrary and capricious.”

While grievances may be filed even in the smoothest and friendliest work environment, there are four steps which should be taken in order to prevent grievances, or at least minimize the potential for losing grievances. While the following lists are not all inclusive,

Administrators cannot be arbitrary and capricious toward an individual employee if he has consistently ruled the same way. Regardless of whether the decision by the administrator was the correct one, it cannot be said to be arbitrary and capricious.As for an employee relation strategy, employees prefer knowing the rules will remain

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consistent. They may not like the rules, but as long as they know the rules will remain consistent, they are able to go about their work, knowing what the parameters are and what the consequences are for overstepping those parameters.

2. A good principal cannot lead his staff “into battle” from the middle or the rear; principals should remain at the front, separate and apart from the staff. Employees look to the administrator as the leader of the building, the one with whom the buck stops. When there is a disagreement as to which method is proper, employees need to know that the administrator will be an impartial decision-maker, not someone who may be personal friends with certain staff members. It is imperative that the administrator remain the “boss” at all times, and not take the “I’m just one of the guys” approach. Lead by example – if you expect a certain dress, behavior, or attitude, you should model the best example of this.

To promote this “impartial decision maker” image, “happy hours” and other after-school faculty functions should not be with a select few. Unless every staff member is at the event, those staff members absent perceive that the administrator feels a special kinship towards those with which he socializes. Always remember, perception may not always be reality, but reality is always perception.

When a good building administrator makes a mistake, he admits it. Admitting you are human can often rally supporting staff behind you, since employees like to work with administrators who admit to having flaws. By admitting a mistake immediately, you minimize its effect and give yourself the opportunity to quickly remedy any potential damage.

“Maximize the good in all employees.”

3. Maximize the good in all employees. By maximizing the good in all employees, and giving them recognition for it, employees feel pride in their accomplishments. By giving each employee positive strokes for accomplishments, regardless of whether the acts were expected or regular duties, employees are better able to take criticism in areas in which they need improvement. People are always more apt to accept criticism from someone when they know that they are just as apt to be rewarded with praise for their good work.

Furthermore, employees are more likely to work hard when they can expect praise for improvement, minimizing the attitude of “Why work harder; he never notices when I do a good job anyway?”

Maximize the good.

4. Document. This could easily be the number one preventative measure, and if done properly, encompasses the first three. Effective documentation is essential for

all employees. Besides making it easier for appraisal purposes, good documentation gives the employee notice of deficiencies, includes methods of improvement, and offers assistance to the employee. Good documentation for employees also evidences consistency, which may be necessary should a grievance be appealed. A memo documenting an occurrence should not automatically bring fear into an employee’s heart – a good administrator documents both good and bad acts. While it is important to maximize the good in documentation, this by no means indicates that you should minimize the need to improve.

At this point, building administrators who follow the above four steps will win any grievance before it is even started.

Unless policy or state/federal law has been violated, the above four precautions establish a firm base to defend any decisions you make.

The following are six guidelines which can minimize the impact of a grievance and may even end a grievance before things get sticky: 5. When it does not hurt to sustain the grievance, sustain it!

If the concern is not going to harm you or the building in any way, or lead to inconsistent administration, grant the grievance. The mere fact that you can later show you have granted a previous grievance may someday be used as evidence that you are not arbitrary and capricious in your decisions.

6. Welcome the grievance and treat it respectfully. The matter may be trivial to you, but it is important enough to that employee that he wrote it up and requested a conference with you. To an employee, a grievance is something that is discussed among friends, at home and at work. Show the employee that you welcome any concerns and that you are there to listen to what they have to say.

Be honest with yourself; you have probably not always thought you were treated fairly, yet you may have never filed a grievance. Why not? Was it because you thought it might hurt your career advancement? And do you not think the grievant in this situation has the same fears? All the more reason to respect the courage it takes to challenge a supervisor, even if you think they are wrong. It takes a certain amount of internal fortitude to take such a risk and that deserves respect.

All administrators are expected to listen to the concerns of workers.

Most employees are frightened, yet relieved, just to have the opportunity to sit down and be heard. Whether you sustain the grievance or not, the fact that you listened and were receptive and respectful to the concerns will make the employee more satisfied than when he first entered your office. Sometimes that is all it takes to end a grievance: simply an employee feeling like you listened and were respectful of his feelings.

7. Never make a decision orally at the conclusion of a

24 | HR Connection

grievance conference. Ruling immediately gives the impression that your mind was made up before you heard the matter…that sounds mighty arbitrary and capricious!

Instead, take the matter under advisement, and inform the employee that you will render a decision in writing within the allotted time, in accordance with the grievance procedure.

There is a three-fold reason for waiting the full length of time allotted by the district’s procedures. First, it implies that the decision was mulled over and that all the issues were considered. Second, it creates a cooling-off period, during which time the employee is able to return to work without the burden of the pending grievance (or appeal).

Finally, waiting to decide (rule) alleviates the problem of employees leaving your office and immediately telling others what your decision was. You know the employee has kept co-workers abreast of the grievance, and they are all waiting for the employee to return from your office. The wait will dampen some of the coworker’s curiosity and will give all the impression you take time to consider employee concerns.

It also contradicts any claim to other employees that your mind was made up before the conference and that you failed to listen to a word the employee said.

Regardless of whether you know your decision, do not rule immediately. Time is always on the side of the administration. Do not rush to a decision when you have time and opportunity to cautiously word your decision to your best advantage. By giving your decision orally, the employee ignores the reason for the decision and just hears the ruling. Perhaps they even keep arguing with you right then and there. However, by placing the decision in writing, you give all your reasons to the reader – whether the reader is the grievant or a coworker!

“Be a good listener, not a heavy talker. ...It is best to listen carefully to the grievance...”

8. Be a good listener, not a heavy talker. When an employee comes in to discuss a concern, it is best to listen carefully to the grievance, and upon the conclusion of the employee’s explanation, inform the employee that you will carefully consider the matter. Record the session so that you have a record, and you can retain eye contact as you listen, showing the grievant you are paying attention (another good reason to listen, not talk). Besides, they are probably taping you anyway, and they do not have to tell you if they are taping.

Do not let the employee (or his representative) cross-

examine you. If the employee begins asking you questions, you may inform them that you are the hearing officer and that you are there to listen to concerns. It is also the best practice to remind them that your responses will be given later, in writing.

9. Control the conference. Be standing behind the desk when the employee arrives in your office. Be sitting behind your desk during the conference – do not sit next to the grievant, as if you were his friend.

Leave your door open during the conference. This shows that you have an open-door policy. Furthermore, it keeps the tone of the grievance conference civil. This practice also alleviates the employee telling co-workers that you screamed and ranted and raved during the conference (as does tape recording the conference). By leaving the door open you show that you have nothing to hide or keep secret. If the employee asks that the door be shut, use your judgment. However, it is almost always best to leave the door open – if the employee no longer wishes to discuss a concern with you because the door is open, then that is his decision. You were willing to listen. As Machiavelli put it, “A wise princ[ipal] should rely on what he controls, not on what he cannot control.” While you may not be able to control the attitudes of your employees, you can control the conference and to some extent, the perceptions of the conference. Use it to your advantage.

10. Always allow the employee representation if he requests.

Besides the law mandating it in many situations, it can never hurt to allow a representative. Unless students’ names are involved (in such cases, representatives may leave in order to protect the federal privacy rights of the child), allowing a representative is no different than listening to the employee himself. You can still control the conference, by following the above steps.

Union representatives are hoping administrators will balk at their inclusion so that they can fill the employee’s heads with union propaganda of fascist administration.

Welcome them into your office – it is the quickest and easiest way to deflate their necessity to the employee. If you do it right, the employee will realize that they could have taken the matter to you themselves, and perhaps even the payment of union dues is better spent elsewhere.

The expansion of allowing employee substantive grievances has in no way diminished administrators’ control of their buildings. It is still possible to run a building effectively. By opening your mind to a new perspective on grievances and following these ten easy steps, you will both control your building and hold on to your remaining sanity.

Any questions concerning these materials can be addressed to DJE@edlaw.com.

• Responsive Counselors • Experienced Litigators • Tireless Advocates • Captivating Trainers

www.edlaw.com | (800) 488-9045 | information@edlaw.com

26 | HR Connection

Managing the ADA and FMLA During a Pandemic An Overview of Both Laws

having a high-risk family member at home.

EMPLOYEE’S MEDICAL CONDITION OR DISABILITY

Kelley Kalchthaler & Karla Schultz Associate Attorneys

H

uman resources administrators are familiar with both the Americans with Disabilities Act (ADA) and Family and Medical Leave Act (FMLA).

However, applying those laws during the COVID-19 pandemic can prove complicated. This article will provide an overview of both laws and will help district officials apply those laws, when responding to employees who are requesting accommodations and healthrelated leave, whether for coronavirusrelated reasons or for traditional reasons.

Under the ADA, like all employers, school districts must provide reasonable accommodations that will enable people with disabilities to enjoy equal employment opportunities. When an employee requests a reasonable accommodation, it is important that the district have enough information to understand the disability-related limitation necessitating the requested accommodation.

To that end, if an employee requests an accommodation for a medical

condition that is not obvious or already known to the district, you can ask for more information or request medical documentation in order to determine whether the employee has a “disability” as defined by the ADA and, if so, what accommodations would allow the employee to effectively perform the essential functions of his or her job.

If you have an employee who was receiving a reasonable accommodation prior to the pandemic, it would be a good idea to discuss with the employee whether the accommodation is still effective, and if not, whether an additional or altered accommodation is needed due to the same or a different disability. Of course, absent an undue hardship, the employee may be entitled to that additional or altered accommodation if the need for it is obvious or supported by updated medical documentation.

Some common coronavirus-related accommodations are also arising, and these may include requests to work from home due to the employee’s own medical condition (one about which the district may not have been previously aware), the fact that the employee falls into a “highrisk” category, or due to the employee

First, when an employee requests an accommodation due to their own medical condition, including a request to work remotely, the district can request medical documentation showing the employee has a disability and therefore needs the requested accommodation in order to perform the essential functions of his or her job. Of course, the documentation should only be requested when the disability and need for accommodation are not obvious or already known to the district. Sufficient medical documentation generally describes the nature and severity of the impairment, the activity or activities that are limited by the impairment, the extent to which the impairment limits the employee’s ability to perform the activity or activities, why the requested reasonable accommodation is needed in order to perform the employee’s job, and how long the impairment is expected to last.

It is helpful to have the documentation also describe all accommodations that would be effective. For example, an employee may prefer to work at home, but there may be other accommodations that would allow the employee to perform his or her job on-site too. If there is a disability-related limitation but the district can effectively address the need with another form of reasonable accommodation at the workplace, including temporary reassignment, the district can choose that alternative instead of teleworking. Unpaid leave can also be offered to an employee with a disability as a reasonable accommodation under the ADA if it does not create an undue hardship for the District. That is where federal leave under the Family Medical Leave Act (FMLA) can come in.

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As human resources administrators know, FMLA leave is available to an employee who has a serious medical condition that makes the employee unable to perform his or her job.

That would include an employee who cannot work on-site (or remotely) for reasons related to COVID-19 and the employee’s disability. Of course, an eligible employee who is sick with COVID-19 and cannot work would also be entitled to any available FMLA.

HIGH-RISK EMPLOYEES If an employee states that, due to an underlying health condition, he or she is at increased risk for becoming severely ill should the employee contract COVID-19 and wishes to work from home, that is a request for an accommodation and should be treated like all other requests for reasonable accommodations under the ADA. This will mean asking questions to determine whether there is a condition that constitutes a disability, discussing with the employee how the requested accommodation would allow him or her to do the job, exploring alternative accommodations that may effectively meet the employee’s needs, and requesting medical documentation if needed. If there is no disability-related limitation that requires working from home, then the district does not have to provide telework as an accommodation.

The EEOC has also warned employers against excluding an employee only because the employee is of a particular age or has a disability that the CDC identifies as potentially placing the employee at “higher risk for severe illness” if he or she gets COVID-19. To do that would constitute discrimination based on age or disability.

The Texas Education Agency (TEA) has continued to update its Public Health Guidance, which deals with students and staff. TEA’s most recent guidance (dated December 10, 2020) reminds us that employees of school systems, like employees of any organization, must continue to meet the work expectations set by their employers, subject to any applicable employment contract terms or legal requirements.

TEA likewise tracks federal law and guidance in urging school systems to work with teachers and other staff to ensure the safety of students, teachers, and staff. This could include allowing those staff, including teachers, who may fulfill their work duties remotely to do so. It could include modification of schedules to ensure, where feasible, that staff members, including teachers, interact with smaller and/or more consistent cohorts of individuals to further mitigate risk.

HIGH-RISK FAMILY MEMBERS The EEOC has also affirmed that under the ADA, an employee is not entitled to an accommodation, including telework, in order to avoid exposing a family member who is at higher risk of severe illness from COVID-19 due to an underlying medical condition. But while the ADA does not require districts to accommodate an employee without a disability based on the disability-related needs of a family member or other person with whom the employee is associated, the Public Education Department has asked districts to be creative and examine

whether some other form of alternate work might be available for these employees too.

Leave taken by an employee for the purpose of avoiding exposure to COVID-19, whether for the employee or a family member, is not protected under the FMLA. But, if the employee cares for a spouse, child, or parent who has a serious health condition, including COVID-19, the employee might be eligible for FMLA.

FFCRA-TYPE LEAVE-RISK As district administrators know, last year teachers and staff who were in high-risk categories were entitled to paid leave under the federal Families First Coronavirus Response Act (FFCRA) for Emergency Paid Sick Leave (EPSL) or Emergency FMLA leave (EFMLA). However, those FFCRA leave entitlements expired on December 31, 2020 and the new federal legislation no longer requires an employer to continue to offer FFCRA leave to employees. The new federal law gives employers the option of offering employees any unused FFCRA leave through March 31, 2021. As was true in 2020, governmental employers such as public schools do not receive tax credits for this form of leave so the expense is borne by the district.

Of course, your district still has the option to offer additional leave or continue to offer FFCRA-type leave if your school board approves it. Keep in mind that your district may not want to offer leave to be used for all the same reasons that were previously required under the FFCRA. For example, a district might wish to offer leave if the employee cannot work remotely but has to quarantine due to COVID-19 exposure or symptoms, but not offer leave for childcare purposes or to care for a family member or other individual. Check to see if your district has passed a resolution offering any FFCRA-type leave. If it has not but you are interested in providing some type of leave, we recommend you talk to your legal counsel to work on a resolution for the school board to consider.

CONCLUSION While FFCRA is no longer mandatory, some other form of COVID-19-related leave could become available by future Congressional action or if districts chooses to offer some form of new leave by school board action. The end of mandatory FFCRA leave means that understanding the ADA and FMLA will be especially important for the remainder of the 20202021 school year.

As always, call your district’s legal counsel for assistance in implementing these and related laws.

Kelley Kalchthaler and Karla Schultz are attorneys and shareholders with the law firm of Walsh Gallegos Treviño Russo & Kyle P.C., which represents public school districts throughout the state. The information in this article is intended to be used for general information only and is not to be considered specific legal advice. If specific legal advice is sought, consult an attorney.