HR Connection November 2020

NOVEMBER 2020

TEXAS ASSOCIATION OF SCHOOL PERSONNEL ADMINISTRATORS

TASPAHR Connection Your HR Quarterly Newsletter

Texas Schools in the Age of COVID-19

Table of Contents TASPA Staff, Executive Board & Committees

04

President’s Message

06

TASPA President Rick Rodriguez

Calendar of Events

07

2020 TASPA Events

Welcome New TASPA Members

08

New TASPA Members

Get to Know Your TASPA Board

09

Featuring Board Members Dr. Tamey Williams-Hill, Dr. Tyrone Sylvester & Max Flores

Twenty New Tasks from the 2020 Title IX Regulations

12

A checklist for the Title IX Coordinators

AASPA Announces Election of New Board Leadership

15

Congratulations Dr. Robert Stewart, Denton ISD

School Districts in the “Virtual” Age of COVID-19

16

How Virtual has Impacted Schools

Adaptive Thinking

20

The New Superpower for 2021

A Recap of Recent Virtual Conference

22

TASPA Fall Support Staff Conference & Title IX Administrators Conference

Special Thanks Thank You to Energy for Schools and North Central TASPA for donating to the TASPA Scholarship

23

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

TASPA EXECUTIVE BOARD Rick Rodriguez, President, Lubbock ISD Martha Carrasco, President-Elect, Canutillo ISD Max Flores, First Vice President, La Vernia ISD Al Rodriguez, Second Vice President, Elgin ISD Kimberly Rich, Secretary, Dickinson ISD Johjania Najera, Immediate Past President, Keller 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 Bernadette Gerace, District IV, Prosper ISD Christie Volmer, District V, Hereford 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 Joe Palmer, District III, Temple ISD Dr. Philo Waters, District IV, Eagle Mountain-Saginaw ISD Phil Guerra, 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 Staci Ashley, District VI, Ector County ISD

TASPA SCHOLARSHIP COMMITTEE Charity Salinas, District I, Southside ISD Kelly Gabrisch, District II, Humble ISD Krista Marx, District III, Elgin ISD Emilio Duran, District IV, Mesquite ISD Paige TeBeest, District V, Amarillo ISD Cindy Donnelly, District VI, El Paso ISD

TASPA CONFERENCE COMMITTEE **Includes President, President-Elect & District Representatives Melissa Aguero-Ramirez, District I, Pharr-San Juan-Alamo ISD Leah Tunnell, District II, Friendswood ISD Koren LeClair, District III, Eanes ISD Sandy Garza, District IV, Keller ISD Tori Adams (Para Rep), District IV, Keller ISD Chris Tatum District V, Amarillo ISD Rosa Ramos, District VI, El Paso ISD

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President’s Message “Applying our leadership skills and resilience is key to overcoming our current challenges”

G

reetings from West Texas! It is hard to believe that our first semester is winding down. School districts across the State have been met with unprecedented challenges this year.

My heart is with you as districts confront climbing COVID-19 cases, virtual and hybrid classrooms, teacher shortages and many more obstacles. Our strength and character are manifested in these trying times. I would encourage you to reflect back on all of the positive impact we get to have on our society.

We are in the unique position of shaping our future generations. Applying our leadership skills and resilience is key to overcoming our current challenges.

TASPA is pushing forward and had a busy quarter with virtual conferences, workshops and webinars to provide training and professional development to our members.

Our Fall Support Staff Conference had over 221 attendees, which surpassed last year’s attendance. TASPA also partnered with Eichelbaum Law firm for a first ever Title IX Administrators Conference. Additionally, TASPA partnered with TASB for the virtual HR Academy. TASPA also hosted the following virtual workshops:

Certification Fundamentals, Personnel Skills for Supervisors of Non-Exempt Staff and two TASPA Documentation Basics. The continued webinar series with Walsh Gallegos Trevino Russo & Kyle, PC is off to a good start, with the first webinar on November 19. Our TASPA Winter Conference will be held virtually December 10-11. Please make an effort to attend. TASPA will be providing 31 breakout sessions, two General Session speakers, networking and development opportunities to help you succeed and make it through this crazy year. Please check the TASPA website for future webinars and events.

As a gentle reminder, please do not forget my challenge to you to meet (now virtually) at least five new members this year before we get back to our 2020 Winter Conference. To all of you - thank you for being a part of the TASPA family. I hope you continue to lean on your TASPA contacts for help and guidance.

Know that prayers for all educators are being sent and I hope each feels them. God Bless and Be Safe!!

Rick Rick Rodriguez is the 2020 TASPA President. He is the Chief Operations Officer in Lubbock 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 512-494-9353.

DATE

EVENT

LOCATION

December 2-3, 2020 December 8-9

ED-311 Personnel Law Conference

Virtual

December 10-11, 2020

TASPA Winter Conference

Virtual

February 10, 2021

Certification Workshop - ESC Region 8

Pittsburg, TX

February 17, 2021

Certification Workshop - ESC Region 15

San Angelo, TX

February 22, 2021

Personnel Skills for Supervisors of Non-Exempt Staff

Corpus Christi, TX

Thank you to our Conference Diamond Sponsors:

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

Kristi Amarantos, Director of Human Resources, New Caney ISD Deanne Angonia, Director of Staffing, Lewisville ISD Tracy Brewster, Substitute Specialist, Prosper ISD Michael Cano, Assistant Superintendent, Borger ISD Pamela Capulong, HR Investigations Officer, Irving ISD Mark Chapa, Coordinator, Birdville ISD Hope Coburn, Substitute Specialist, Friendswood ISD Jeff Crownover, Chief HR Officer & General Counsel, Prosper ISD Jessica Diggs, Administrative Asst - HR, Willis ISD Brittany Drake, Assistant Principal, Mesquite ISD Morgan Ester, HR Generalist, Dickinson ISD Pam Farinas, Asst Superintendent of Human Capital, Spring ISD Dana Green, ECP Coordinator, ESC Region 13 Courtney Hart, Federal Programs Administrator Lewisville ISD Benjamin Hernandez, Exec Dir Performance Mgmt, Spring ISD Cheryl Herring, Junction ISD Julie Hill, Chief of HR and Human Capital Account, Spring ISD Laura Howard, HR Coordinator, San Angelo ISD Diane Jackson, Secretary to the Supt, West Oso ISD Kimberly Kempken, Benefits Coordinator, Friendswood ISD Erin Kolecki, Compensation and HR Consultant, TASB HR Services Andra Lancaster, Midland ISD Karen Landry, Personnel Specialist, Dayton ISD Lori Leyva, HR Specialist, Godley ISD Armando Maese, Director, Comal ISD Brandi Maines, Human Resources Assistant, Kilgore ISD Jo Anna Mercado, Receptionist / HR Specialist, Marble Falls ISD Julie Price, Administrative Assistant, Godley ISD Alicia Ray, HR Assistant, Aledo ISD Anneliese Rivera, Administrative Assistant, Prosper ISD Ernest Rivera, Human Resources Generalist, Irving ISD Jeri Roberts, Special Projects, Abilene ISD Elvira Rosas, Human Resources Receptionist, Dickinson ISD Tami Sanford, Director of Professional Learning, United Education Assn Erin Seymour, Leave & Absence Specialist, Alvin ISD Jennifer Smith, Senior HR Specialist, Amarillo ISD Shelly Spaulding, HR Director, McKinney ISD Tori Spurgeon, Benefits and Substitute Specialist, Eanes ISD Marla Valenzuela, Personnel Specialist, Mission CISD Ashley Vasquez-Solis, HR Specialist, Copperas Cove ISD Deanna Vickers, Personnel Secretary, Carroll ISD Cheryl Villanueva, HR Director, Godley ISD Brandy Vowels, Executive Secretary to Asst Supt of HR, Midway ISD Monica Wahl, Administrative Assistant, Navarro ISD Christy Whaylen, Coord Emp Records, Lewisville ISD Laura Woodward, Secretary to the Exec Director of HR, Southside ISD

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Get To Know Your TASPA Board DR. TAMEY WILLIAMS-HILL TASPA DISTRICT III REPRESENTATIVE

Dr. Tamey Williams-Hill has served as a secondary teacher, campus administrator, and central office administrator for the past 18 years. Most recently she has reconnected with the AISD team as the Project Director and Equity and Inclusion Specialist for the Office of Equity. As an LMSW, Dr. Williams-Hill always viewed and practiced teaching and educational leadership through the lens of equity. She serves as a guest lecturer for two local universities on the topics of human resources, teacher rights and responsibilities, and doctoral research methodologies. Dr. Williams-Hill has presented at local, state, national, and international education conferences; serves on several civic, education, and corporate Board of Directors as both a member and chairperson. She volunteers with community service groups that awards grants to classroom teachers and scholarships to students.

ADVICE TO THOSE NEW TO HR: Understand who you are as an individual and how that influences the goals your department sets and the decisions you have to make in your new role. Understanding how your beliefs and department and district goals align are important to the success of the role you plan within your organization.

The current challenges situated around how school organizations respond to education during the pandemic have a direct impact on human resource departments in regards to staffing, budgeting, employee wellbeing, and managing the evolving changes in local, state, and national processes, policy, and law. As human resource departments are required to become nimbler during this time, taking an equitable approach to decision making allow for a comprehensive approach to taking care of the organization for caring for personnel. With the understanding that making equitable decisions takes time, our department adapted the five principles from USC CUE’s Five Principles for Creating Equity by Design to guide HR staff through the decision-making process: Principle 1: Clarity in language, goals, and measures. As HR staff makes decisions regarding personnel, remember to identify the purpose of the action, the goal to be attained, its impact on student learning, and how to communicate with employees about the action.

Principle 2: Adopt language that focuses on the action and systems, not the employees. Be timely with the message and consistent with the language; do not use language that inadvertently targets groups of employees who hold a particular position or work in a certain geographical area of the district.

Principle 3: Equitable practices and policies are designed to accommodate differences in the contexts of employees’ positions within the district—not to treat all employees and positions the same. Accommodate the differences in the organization’s historically marginalized employee groups: non-exempt; Black, Latino/a, and female.

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Get To Know Your TASPA Board

DR. TYRONE SYLVESTER TASPA DISTRICT II REPRESENTATIVE

Dr. Tyrone Sylvester completed a Bachelors of Music from Stephen F. Austin State University, Masters of Education from Prairie View A&M University, and a Doctorate in Organizational Leadership from Grand Canyon University. “I’ve been very blessed in my professional career to have worked with some of the greatest educators and human resource professionals in the state of Texas. My career started as a band director in Beaumont ISD in 1994. I served eleven years in Alief ISD; four as an assistant principal and seven as the campus principal of O’Donnell Middle School. In 2008, I was afforded an amazing opportunity to serve Spring ISD as a director of human resources and in 2015, moved to Goose Creek CISD to serve the Baytown and Highlands school communities as a director of human resources. To establish myself as a credible human resource professional in the strategic and policy-making aspects of human resource management, I obtained the following credentials for human resources: • SPHR issued by the Human Resource Certification Institute (HRCI) • SHRM-SCP issued by the Society for Human Resource Management (SHRM) • pHCLE issued by Battelle for Kids and the American Association of School Personnel Administrators (AASPA)

I consider it an honor to serve on the TASPA Executive Board as the District II Representative.”

CHALLENGES & ADVICE K-12 human resource professionals are currently facing a myriad of challenges as they seek to meet the human capital needs of their respective school organizations. The challenges confronting school organizations include but are not limited to the following: • • • • • • • • • •

Teacher Recruitment and Retention Support for New Teachers Families First Coronavirus Response Act Americans with Disabilities Act Family Medical Leave Act Virtual Instruction vs. Face-to-Face Instruction Shortage of Substitutes COVID Testing Number of Employees Absent per the District’s COVID Protocol The Other Non-COVID-19 Related Challenges: Title IX, Teacher Incentive Allotment, Science of Teaching Reading, and certification changes

Addressing these various challenges associated with COVID-19 and new initiatives that are impacting human resource practices have stretched our skillsets as HR practitioners. It is unthinkable to attempt to meet the fluid human capital needs of our school organizations without the support of our human resource networks such as TASPA, our local TASPA-affiliated organizations, and region service centers. The opportunity to engage in meaningful dialogue with human resource colleagues about these current challenges and the human resource action plans being implemented to support our school districts in these unprecedented times are absolutely invaluable.

The role of the human resource professional is critical to the success of school organizations as we are tasked with the responsibility of creating a path forward that will enable our organizations to support and protect our workforce while continuing to meet the instructional demands and expectations of our school communities and government entities. This COVID-19 pandemic has proven to be a transformational crisis for school organizations as we have lost our ability to do business as usual. We are now forced to think out of the box and become increasingly innovative in our approach to establishing and implementing human resource practices and policies that will meet the unique needs of our school communities. I strongly encourage each of our human resource colleagues to connect with your state and local human resource network and use the wealth of knowledge and experience within those networks to assist you in successfully navigating these uncharted waters of COVID-19 and K-12 initiatives.

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MAX FLORES TASPA FIRST VICE PRESIDENT

Max Flores is currently the Executive Director of Human Resources and Administrative Services for La Vernia ISD. He has spent the last 6 years in Human Resources. Prior to entering the human resources side of education, Max began his career as an 8th grade English Language Arts and Reading teacher. He had the privilege of coaching both girls and boys sports including football, volleyball, basketball, and track. In July of 2008, Max earned his Master’s in Educational Administration from Texas A&M Kingsville. Soon after he was promoted to assistant principal in 2009. As an assistant principal and district leader his biggest accomplishment is taking care of the human needs of students, parent, and staff. He also mentored high school High School students once a week for past years.

Max works hard to advocate for the education profession and is member of multiple committees and groups in La Vernia ISD. Along with the Human Resources department, he leads the counseling and health services department in his district as well. Max has served as the treasurer for San Antonio Area Personnel Administrators (SAAPA) and is proud to be the current First Vice President of Texas Association of School Personnel Administrators (TASPA) Executive Board.

Max believes that one of the biggest challenges human resources administrators face are the effects that State litigation, policy updates, and State required reports and trainings have on school districts. District administrators have little control over the State’s decisions but they are required to assure that the changes made by the State are carried out with limited support. He feels that the recruitment of great teachers and coaches is the most critical task of his job. In his career, Max hopes to accomplish creating opportunities for HR professional work together locally and throughout Texas.

TASPA have been a great resource to Max because he connects with other HR administrators to share ideas or talk through difficult situations.

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Twenty New Tasks from the 2020 Title IX Regulations A Checklist for Title IX Coordinators

Holly Boyd Wardell, Attorney

T

he May 2020 Title IX sexual harassment regulations require that each “recipient” (i.e., an educational institution that receives federal funds) designate and authorize at least one employee to coordinate its efforts to comply with its responsibilities under Title IX. 34 C.F.R. § 106.8(a).

That employee must be referred to as the “Title IX Coordinator.” Id. This is not a new position, but it does entail new responsibilities. If one of the many hats you wear for your district includes the “Title IX” hat, take note. Here’s your new to-do list:

reflect current information about the Title IX Coordinator (e.g., DIA, FB, and FFH Exhibits).

3. Confirm that the district’s website and publications contain proper nondiscrimination notices. While there is no requirement that the district’s nondiscrimination policy and Title IX Coordinator’s contact information be on the homepage or linked to the homepage, it must be “prominently displayed.”

There is no requirement to have a section of the website dedicated to Title IX requirements. There is no requirement that Title IX information be located on multiple pages of a district’s website. Title IX information could be added as a drop-down 1. Notify all applicants for admission and option in any of the following areas: employment, students and parents, Required Notices, Public Information, employees, and unions with which Departments, Students, Employees, the district has collective bargaining Community. agreements of the name/title, office address, email address, and telephone 4. Develop a grievance procedure number of the Title IX Coordinator. that comports with 34 C.F.R. Part 106 for responding to all reports of 2. Ensure that policies and handbooks

sexual harassment and a process for investigating formal complaints.

Various model regulations/procedures are available that will work in conjunction with the district’s FFH policies. Although TASB Policy service has updated FFH and DIA (LEGAL) and (LOCAL) policies, those policies alone do not contain all of the required elements for the new Title IX grievance process.

Additional regulations or procedures are necessary.

5. Train all district staff on the definition of sexual harassment, school policies, and reporting requirements. The Office of Civil Rights will now impute to the district knowledge on the part of any school employee of sexual harassment. In other words, OCR will treat the district as having actual knowledge of sexual harassment if any employee knew of the harassment, regardless of whether the employee ever reported the conduct (unless the employee is the harasser). It is imperative that

13 | November 2020

staff be trained on their duty to report suspected sexual harassment and the adverse employment implications to them for failing to do so.

6. Develop a system for documenting the district’s efforts to respond to all reports of sexual harassment. Both OCR and reviewing courts, in the event of litigation, will assess the district’s response to sexual harassment to determine whether school officials were deliberately indifferent to the harassment. Documentation of the district’s efforts will be critical to defending against sexual harassment claims, which may be asserted years after the fact.

7. For all reports of sexual harassment, contact the alleged victim (Complainant) to discuss the availability of supportive measures (e.g., counseling, schedule change, increased supervision).

8. Consider a Complainant’s wishes regarding supportive measures. Complainants may decline supportive measures offered by the district; they may also suggest alternative supportive measures. The Title IX Coordinator has the authority to decide which supportive measures will be implemented. Supportive measures should not impose an unreasonable burden on either party, and Respondents are entitled to a presumption that they did not engage in sexual harassment unless and until the formal grievance process is completed.

9. Inform the Complainant of the right to file a formal complaint and the right to supportive measures with or without a formal complaint.

10. Decide whether to file a formal complaint when the Complainant does not. There may be circumstances where a Title IX Coordinator chooses to file a formal complainant even when the Complainant chooses not to (e.g., when there is an allegation of an improper relationship between a student and a staff member).

11. Decide whether to dismiss a formal complaint (or who should decide dismissals). A formal complaint must be dismissed if it does not constitute sexual harassment as now defined in the new regulations, did not occur in a district program or activity, or did not occur in the U.S. 12. Assist with emergency removal and administrative leave decisions.

13. Provide notice to parties of the grievance process in the case of a formal complaint. § 106.45. Before an investigation begins, including interviews of the parties, the Title IX Coordinator must ensure that the parties are provided written notice of their rights, including the right to be represented by an advisor, advance notice of interviews, the right to examine the evidence, and appeal the decision.

14. Coordinate the effective implementation of supportive measures. § 106.30.

15. Assign an investigator. The investigator, who can be the Title IX Coordinator, must investigate formal complaints of sexual harassment and produce a written report. The investigator may be a district employee or outside source (e.g., consultant or law firm). The investigator must provide written notice to parties of the date, time, participants, purpose, and location of

any interview, allowing sufficient time to prepare. The investigative report must be shared with the parties at least 10 days before any determination of responsibility (i.e., whether the respondent engaged in sexual harassment).

Investigators must be trained on impartial investigations, standards of evidence, how to equitably and meaningfully include both parties in the process including inculpatory and exculpatory evidence, how to write an investigative report, the role of expert witnesses, legal privileges, and more.

16. Assign a decision-maker. The decision-maker cannot be the investigator or the Title IX Coordinator. The decision maker will review the investigative report and “determine responsibility” (i.e., whether sexual harassment occurred). The decision-maker must issue a written decision addressing the allegations, the procedural steps taken, findings of fact, application of the code of conduct to the facts, and the rationale as to each allegation to the determination of responsibility, disciplinary actions, and whether remedies to restore or preserve equal access will be provided. A decision-maker must have training on objectivity and independent analysis, impartiality, and how to decide what evidence is relevant, weighing evidence based on different standards of proof, drafting written decisions consistent with regulatory mandates, determining appropriate disciplinary sanctions, and supportive measures, and providing appeal rights. In the case of an appeal, there will be a separate appellate decision-maker, who still cannot be the investigator or the Title IX Coordinator.

17. Ensure the implementation of remedies. § 106.45(b)(7) (iv).

18. Obtain training for school employees who will serve as Title IX personnel, investigators, decision-makers, appellate decision-makers, and informal resolution facilitators.

19. Post all training materials to the district’s website, including obtaining permission from copyright holders.

20. Gather and preserve all documents related to alleged sexual harassment for 7 years or otherwise directed by the district’s records control schedules, whichever is longer. § 106.45(b)(10).

Many of these tasks may be delegated, but the Title IX Coordinator must oversee the process. More information about the new Title IX grievance process can be found at www2.ed.gov and www.edlaw.com.

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

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

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

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AASPA Announces Election of New Board Leadership

OVERLAND PARK, Kan. – October 21, 2020 — The American Association of School Personnel Administrators announced the election of four new members to their Executive Board – Cathy Donovan, Ed.D., Director of Staffing and Talent Acquisition at Olathe Public Schools in Olathe, KS., was announced as President for 2020-2021 at AASPA’s Annual Business Meeting, October 1, 2020. Brian White, Executive Director of HR and Operations at Auburn-Washburn USD 437 in Topeka, KS has been elected to serve as 2021-2022 President. Robert Stewart, Ed.D., Assistant Superintendent of HR at Denton ISD in Denton, TX will serve as Region 5 Representative and Ruth Green, Director of Human Resources at Laurens School District 56 in Clinton, SC will serve as Region 6 Representative.

Donovan, a 24-year member of AASPA, has served on various AASPA committees and presented at several AASPA National Conferences. Donovan also served on the AASPA Executive Board as Recording Secretary from 2010 – 2016. Donovan succeeds Beth Dalton, Ed.D., Assistant Superintendent of Human Resources at Kildeer County Consolidated School District 96 in Buffalo Grove, IL. “AASPA’s strength lies in its network and community of educators who volunteer their talents and resources to better the mission of providing every member with services, resources, and information vital to successful school HR practices in the interest of students. I am excited to work alongside our newest AASPA leaders and board members to make the kind of innovative changes that will allow us to serve our members now and into the future.” said AASPA Executive Director, Kelly Coash-Johnson The AASPA Executive Board is a 10-member governance body comprising elected members. Board candidates are selected by the AASPA Nominating Committee and voted on by members during a general election. Find out more about the AASPA Executive Board and governance by visiting https://www.aaspa. org/aaspa-leadership.

The American Association of School Personnel Administrators is an international organization that provides leadership in promoting effective human resource practices within education. Headquartered in Overland Park, Kan., AASPA holds an annual conference in October and various regional professional development opportunities throughout the year in addition to providing other valuable benefits to its 2,500+ members. More information about AASPA can be found at www.aaspa.org.

Congratulations Dr. Robert Stewart!

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School Districts in the “Virtual” Age of COVID-19 ??How Your District Can Prepare

EMPLOYMENT Jennifer Hall, Associate Attorney San Antonio Office

W

hen I hear the word “virtual” I always think about the 1980 song by The Buggles entitled “Video Killed the Radio Star.” And while video, and MTV specifically, dramatically changed how we listen to music and what is important for musicians to do to be successful, the jury is still out regarding whether the changes school districts have implemented for this new virtual life are permanent or temporary. Since March 2020, all employers, including and especially school districts, have had to revamp everything from the most basic to the most complicated. In certain situations some of the changes have been easier than others but, districts have had to make these changes overnight with little to no guidance and the results, all things considered, have been pretty amazing. This article will discuss how “virtual” has impacted schools through the lenses of Employment and Teaching and give some practical tips and pointers to think about as districts continue moving forward down this “virtual” path.

COVID-19 has required that districts change the method, but not the substance, of many of their processes including the hiring, interviewing and evaluation processes.

ADVERTISING AND APPLICATION

No more can there be in person job fairs at colleges to hire newly or about to graduate teachers; however, districts have come up with creative methods by which to market, advertise and interview thanks to the advent of tools like Zoom and Google Meet.

Even though the hiring process has moved to a virtual platform, the rules of engagement are still the same.

All candidates should complete an application and provide references.

Statutes that govern discrimination are still in effect and must be complied with. Applications and the information contained in them should be reviewed and verified, including references.

Criminal back ground checks, mandatory in Texas, are problematic as districts are facing a long delay when candidates schedule the fingerprinting session often necessary to initiate the criminal history

process and, due to COVID, there is a huge wait. In this instance, the problem of issuing teaching contracts without knowing whether the candidate has a problematic background has become a legitimate concern. At a minimum, ensure there is language in the contract that would allow for separation of the candidate if the criminal background check turns out to be problematic.

Several districts have placed these candidates on temporary binding hiring notices and are waiting to issue contracts.

Whatever course your district has decided on, double check the provisions of the Texas Education Code, your policy and the language of the contracts to make sure that the District has as many options as possible to extricate itself from the employment agreement.

INTERVIEWS

Similar to advertising and application processes, discrimination laws are applicable during the interview process and throughout the entirety of the hiring process. Platforms like Zoom and Google Meet are useful tools in the interview process because they allow for the closest thing to a face to face interview scenario and allow for multiple people, i.e. interview teams or panels, to participate at once. As with any online platform make sure that you are using meeting identifiers and passwords and reinforce with both candidates and the interview panel that the meeting identifiers and passwords are not to be shared. Another option that can be utilized during this “virtual” time is to have the candidates provide a videotaped lesson of themselves teaching. This allows you, as the hiring district, to actually see the candidate in action before extending the candidate an offer.

PERFORMANCE EVALUATIONS

With the advent of COVID, and with the use of a virtual teaching platform, performance evaluations of teachers and

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staff may have fallen by the wayside; however, they are more crucial than ever. If your district has teachers working in person, whether teaching to a classroom of in person students or teaching from school remotely to students at home, you still have the opportunity to use the traditional walk through/ observation appraisal system; however, take the opportunity to accelerate your evaluation calendar and begin performing the evaluations for those staff members now instead of waiting for the potential unknown that may be created by the winter months: a bird in the hand is worth two in the bush. If your teachers are at home teaching virtually to their students you are still able, and should be, logging in to observe their teaching methods and to make sure that they are complying with the rules established for remote instruction that will be discussed later in the paper. The final suggestion with regard to evaluations is that the evaluation should have a metric to address the teachers’ ability to utilize technology. This has not normally been an item on which teachers have been evaluated; however, not all teachers are equal in their ability to successfully move to online instruction. While many districts worked intensely with their teachers in the spring and summer to prepare for online instruction in the fall, the results were not the same. Online instruction and the ability to utilize technology and technological tools is not something that is going away even after COVID does. A teacher’s ability, or lack thereof, with regard to technology is extremely impactful on the success of student learning and therefore should be measured and evaluated annually.

LEAVE AND ACCOMMODATIONS

In addition to the leave provided under the Families First Coronavirus Response Act, which is only effective through December 31, 2020, employees also have traditional leave such as the FMLA available to them. In school districts that have moved to in person instruction, after having been conducting remote instruction since March, there has been an enormous increase in the number of requests to teach from home that have come as leave requests under the FMLA or as accommodation requests under the ADA. While this topic alone could be a whole article in itself, it is important to note that the leave and accommodation processes and statutes surrounding leave have not changed and you should continue to evaluate each leave and/or accomadation request in accordance with your district’s policies and procedures and in accordance with state and federal law. That said, the main request being made of districts is under the ADA and is that teachers and staff be allowed to work from home.

Remember not all conditions are disabilities and not all qualify for consideration under the ADA. When the district receives a request for an accommodation, first determine if the individual has a qualifying disability. The second prong of the analysis is to determine whether the individual can perform the essential functions of their job with or without an accommodation. And finally, the employer must engage in an interactive process with the employee to determine what a reasonable accommodation would be. The interactive process is interactive: it is not solely limited to the employee’s desires, but should be a back and forth between the employer and the

employee. If the employee’s requested accommodation would be an undue hardship on the employer the employer may reject it. However, it is imperative that this interactive process be reduced to writing and maintained by the district. There are many districts that have accommodated requests under the ADA to work from home. There are just as many that have not. Consult your general counsel as you make determinations regarding accommodation requests to ensure that the district is compliant with all policies and laws.

TEACHING (VIRTUAL TEACHERS AND/OR STUDENTS) Having teachers and students operating virtually in the spring and again this fall required everyone to adapt. Parents were working at home and helping their students online; teachers were teaching from home and often had their own children also learning online or were using technology platforms they had very little previous experience with; and schools had to address everything from having enough technology for their students and staff to use, to remote user agreements, to how grades would be calculated so as to ensure honesty and integrity, to discipline in the online setting.

ACCESS TO TECHNOLOGY

For many school districts the main concern initially was ensuring that students had access to both technology and Wi-Fi. In an effort to ensure this connectivity, districts found themselves providing technology to students on loan, got creative about providing broadband services through buses or by entering into partnerships with municipalities, and when all else failed sent paper packets home to students. Even TEA’s Operation Connectivity was utilized and has been of great help to districts in their attempts to help students. In expediting their access to technology, districts need to remember that they cannot charge a student for damage to or loss of technological equipment purchased with the district’s technology and instructional materials allotment. Districts also need to ensure that in their attempt to provide technological equipment in the most expeditious way possible they are complying with all procurement laws. And finally, districts need to ensure that if the technology was purchased with specific money, say for example special education funds, that only special education students are using that technology. Always ensure that the funds used to purchase the technology do not place limits on who can utilize the technology and if they do ensure your district is compliant with those requirements.

REMOTE USER AGREEMENTS

Remote user agreements were created by districts for staff and students alike, each addressing specific aspects of the relationship that needed guidance. For teachers and staff it is important that the agreements specify that the employee log in at certain times and in the case of non-exempt employees log out at certain times so that they will not accrue overtime.

Additionally, the agreements should address guidelines and standards for teaching remotely, like parameters around what regular communication with students should look like, and requiring compliance with district policies addressing appropriate methods and times for communicating with

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students. With issues like the 2020 election and Black Lives Matter it is also important that the remote user agreement address the environment the teacher is teaching from, both their in person classroom and their virtual classroom page. Specifically, issues represented by visible posters, slogans and flags should be addressed in the remote agreement. Remember to have your local attorney provide input and guidance as these issues usually encompass first amendment issues.

For students, the remote agreements should address very basic items such as requiring that the student be dressed; that the student not be in bed but must be at a table or desk; and that the student not eat during the lesson to more complicated topics like how a student will be disciplined for disruptive online behavior and the ability to participate in athletics if attending school remotely instead of in person. For student agreements it is important to also have the parent or guardian sign off so that everyone knows the expectations from the beginning.

SCHOOL ISSUES

Finally, there are several areas that Districts must address for the benefit of their students and teachers. Districts must assist their teachers with adapting the curriculum to the virtual setting. In so doing, they need to ensure that all agreements with online 3rd party providers comply with FERPA and privacy/confidentiality rights. Whether it is a Google Classroom agreement or another provider agreement the contract must address the 3rd party’s access to personally identifiable student information and the 3rd party’s ability to maintain such information in accordance with confidentiality standards and/or possible public information requests. Districts should have their attorneys review their existing agreements and any new agreements for this specific type of issue. Districts also must work with their teachers to remind them of the Family Rights and Privacy Act and Copyright law as both are implicated in the virtual setting.

For students, Districts must review their grading policies and make any necessary changes based on the fact that students are now learning from home and it is more difficult to gauge the student’s actual work product. This is especially true in high school, more so when some students are learning in person and others are learning virtually, and grades can be weighted and affect things like Valedictorian, Salutatorian and local honors. Clarity around the grading process in a virtual learning system is imperative. However remember that any changes made to the grading policy must apply to in person students as well as remote learners equally. Similarly, Districts are always encouraged to review their Student Code of Conduct so that students studying virtually have guidelines for behavior that may be different than when they are in the classroom.

In all, while COVID was the catalyst for moving to a virtual learning system, there are aspects of virtual learning and working that will remain long after COVID is gone. The tools and innovations that Districts have adopted over these last 8 months have been hard fought and successful and will only continue to be refined and perfected. Unlike video, that killed the radio star, it seems like virtual has only refined what schools were doing and has, in fact, given schools yet another way to meet the needs of their employees and students.

Jennifer Hall is an Associate Attorney with Walsh Gallegos Treviño & Kyle , P.C. She can be reached at jhall@wabsa.com.

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Adaptive Thinking: The New Superpower for 2021

By: Courtney Clark

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ou’ve seen the horror movie cliché: the killer is approaching, yet one clueless person runs UP the stairs instead of out the door. Now they’re trapped.

You watch, knowing what’s about to happen. You want to yell at the screen, “Get out!” “Go the other way!” But the clueless victim bumbles along, seemingly without thinking.

For some people, confusion and fear leads to foggy thinking.

Bad decisions. At the very worst moment, the brain seems to cloud over and keep thoughts from crystallizing together. For other people, that same confusion and fear can lead to razorsharp clarity. Quick thinking and ingenuity. Those are the characters that survive at the end of the horror movie.

How can you be one of the survivors, and not the person running toward certain doom?

The answer lies in our responses to these novel, changing situations. And specifically, in our EARLY responses.

At the TASPA 2020 Fall Support Staff Conference, I spoke about Adaptive Thinking, and how we can use the skills of Adaptive Thinking to help us succeed in this completely new world that 2020 has brought us. But Adaptive Thinking isn’t just useful for major crises like we’re facing now. It’s a skill that helps us navigate all kinds of change, both in our personal and professional lives, for years to come.

STEP 1: DOING AWAY WITH “HOW WE’VE ALWAYS DONE IT”

The first hurdle to developing an Adaptive Thinking mindset is to let go of the first solution that pops into your mind. Many of us have become successful over the years by following the mantra “go with your gut.” There’s a belief that your “gut” intuitively knows the answer. And that may be true… IF it’s the answer to a problem you’ve solved before.

Your gut only knows the answer to familiar problems. Your gut only knows what you’ve swallowed before.

When you’re dealing with a new problem, or a novel environment (like a global pandemic!) research shows that your first ideas and solutions are the least creative. They’re the closest to status quo. To address an issue that hasn’t been faced before,

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the first hurdle is to wipe “the way we’ve always done it” out of your mind and start the process of ideation with a clean slate.

STEP 2: AVOIDING THE GOLDILOCKS PARADOX

I told a story at the Fall Support Staff Conference about my first cancer diagnosis at age 26. The news shook my world. When the doctor gave me several treatment options, I sat there overwhelmed with what felt like too many choices, and none of them good.

When the nurse walked in, she explained that the four choices the doctor had given was the correct number of choices, because when he gave three choices (like many doctors did), patients tended to default to the perceived middle option, deeming it the “safe” choice. They made the middle choice almost instinctively, without much consideration. But when he gives four choices, suddenly patients seem to think more critically, weigh the options more fully.

I call this problem The Goldilocks Paradox. Our brains are overwhelmed with information and want to search for an easy answer. Three options provide an easy, default middle choice. But by offering 4 or more options (instead of the standard 3) we can keep ourselves from making a default decision.

Not only do we not want to stop the idea process at the first idea, like we discussed above, but we want to keep digging until we have at least four good options for solving a problem. In this way, we give ourselves the best opportunity to solve challenging problems in creative ways.

STEP 3: SOLVING PROBLEMS WITH STORIES

In 1978, a Harvard researcher named Ellen Langer launched a study about, of all things, a photocopy machine. Her team started approaching people at the library copy machine line asking to cut in line. They said “Excuse me. I have 5 pages. May I use the Xerox machine?” About 60% of people said yes to the request.

Then they changed the request slightly. They asked “Excuse me. I have 5 pages. May I use the Xerox machine, because I’m in a rush.” They offered a reason. This time, 94% of people allowed the researcher to cut in line.

Finally, they changed the request just a little more. This time, they asked “Excuse me. I have 5 pages. May I use the Xerox machine, because I have to make copies.” A full 93% of people agreed to let the researcher cut the line! Almost the same as the request above! But “I’m in a rush” is a much more sensible reason than “I have to make copies.” Of course they have to make copies! Everyone waiting in the Xerox line has to make copies!

There is power in the word “because.”

When we explain ourselves, when we share a story, people are instantly more willing to get on board with what we’re doing.

From educators to naval officers, research shows that when we tell people stories about WHY something is happening, or why something NEEDS to happen, we encounter less resistance. Is someone more likely to remember page 64 of strategic plan spreadsheet? Or a story that illustrates the same request? A story is the clear winner every time.

HARNESSING THE SUPERPOWER OF ADAPTIVE THINKING

2021 won’t be easy. But there’s a way to navigate uncertainty without added pain and with a greater guarantee of success. It’s a way to meet the challenges of this new world and survive, even when resources are stretched thinner than ever.

Let go of “the way we’ve always done it,” avoid the Goldilocks Paradox, and share stories (both stories of success and stories of failure). If we can develop the skills of Adaptive Thinking in ourselves and our teams, we’ll be more ready for whatever comes our way.

Courtney speaks to organizations and businesses that want to adapt faster and achieve more by creating a culture of Accelerated ResilienceTM. Her presentations are designed to help you adapt when the stakes are high and life doesn’t go according to plan. For more information go to courtneyclark.com

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Overview of the TASPA Fall Support Staff & Title IX Administrators Conferences

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ASPA is pleased to report that the Fall Support Staff Conference October 5-6 was a huge success. We had 221 attendees (more than we ever expected and more than we’ve had in the past couple of years)!

During the two day conference, TASPA was able to host five general sessions and 20 breakout sessions. We had over 28 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 Foster Global.

We also had presentations from TEA, TASB HR Services, TASB Risk Management, DOL and TX DPS 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, PSST and Learning Ally. 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, with continued services and professional development.

We partnered with Eichelbaum Law to offer the Title IX Administrator Conference October 20-21. We had 208 attendees who received valuable and timely information on Title IX issues.

We hope you will join us for our Virtual Winter Conference December 10-11!

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Special Thanks!

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TASPA would like to thank Energy for Schools for their generation donation of $5,000!

Energy for Schools is a company that is part of the Schools Energy Program that provides integrated sevices to public school districts. The donation was made in Mr. Barry Nettles name. Mr. Nettles serves on their Board of Directors. The donation will go toward the Barry Nettles Scholarship fund.

Additional scholarship donations came from North Central TASPA. NCTASPA is a regional affiliate of TASPA and comprises the District IV regional area. Thank you NCTASPA for your generous contribution!

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!