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Key laws affecting your time, classroom, students’ health, employment & legal protections duty-free lunch/planning time, teacher grading authority, qualified immunity, etc
STUDENT DISCIPLINE RIGHTS AND RESPONSIBILITIES
• A student must be expelled for committing any of the following serious offenses while on school property or while attending a school-sponsored or school-related activity: Uses, exhibits, or possesses a firearm, illegal knife, club, or other prohibited weapon; or Commits the elements of any of the following offenses: aggravated assault, sexual assault, aggravated sexual assault, arson, murder, capital murder, criminal attempt to commit murder or capital murder, indecency with a child, aggravated kidnapping, aggravated robbery, manslaughter, criminally negligent homicide, continuous sexual abuse of young child or children, or drug- or alcohol-related offenses punishable as a felony. • A student must be expelled for committing any of the above offenses against any employee or volunteer in retaliation for or as a result of the person’s employment or association with a school district, without regard to whether the conduct occurs on or off school property or while attending a school-sponsored or school-related activity on or off school property. • A student who engages in the conduct described above on school property of another district in this state or while attending a school-sponsored or school-related activity of a school in another district in this state may be expelled from school by the district which the student attends. • A student may not be expelled solely on the basis of the student’s use, exhibition, or possession of a firearm that occurs at an approved target range facility that is not located on a school campus; or while participating in or preparing for a school-sponsored shooting sports competition or a shooting sports educational activity that is sponsored or supported by the Texas Parks and Wildlife Department or a shooting sports sanctioning organization working with the department. • A student may be expelled if, while on or within 300 feet of school property or while attending a school-sponsored or school-related event, the student: Sells/gives/delivers/possesses or is under the influence of marijuana, a controlled substance, a dangerous drug or an alcoholic beverage; Engages in conduct containing the elements of an offense relating to an abusable volatile chemical; Engages in documented serious misbehavior despite documented behavioral interventions, while placed in a DAEP on the program campus; or Engages in conduct containing the elements of deadly conduct. • A student may be expelled if, within 300 feet of school property, the student: Uses, exhibits, or possesses a firearm, illegal knife, club, or other prohibited weapon; or Commits the elements of any of the following offenses: aggravated assault, sexual assault, aggravated sexual assault, arson, murder, capital murder, criminal attempt to commit murder or capital murder, indecency with a child, aggravated kidnapping, aggravated robbery, manslaughter, criminally negligent homicide, continuous sexual abuse of young child or children, or drug- or alcohol-related offenses punishable as a felony. • A student may be expelled if the student engages in conduct against another student containing the elements of aggravated assault, sexual assault, aggravated sexual assault, murder, capital murder, criminal attempt to commit murder or capital murder or the offense of aggravated robbery, without regard to whether the conduct occurs on or off school property or while attending a school-sponsored or school-related activity on or off school property. • A student may be expelled for committing assault against any employee or volunteer in retaliation for or as a result of the person’s employment or association with a school district, without regard to whether the conduct occurs on or off school property or while attending a school-sponsored or school-related activity on or off school property. • A student may be expelled if the student: Engages in conduct containing the elements of felonious criminal mischief; Engages in school-related conduct involving false alarm, report or terroristic threat; or Engages in conduct containing the elements of the offense of breach of computer security involving a computer, computer network or computer system owned by the district. • Students younger than age 10 may not be expelled, unless they bring a firearm to school. • A teacher must be informed by the district if one of the teacher’s students has committed any of the above offenses. (NOTE: A teacher must keep this information confidential, or risk certificate sanctions.) • A student must be given a hearing before expulsion occurs.
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• A principal (or designee) may order the immediate removal of a student to a DAEP or may order expulsion if the student’s behavior is such that it seriously interferes with the teacher’s ability to communicate with the class or with the operation of the school, or if action is necessary to prevent harm to persons or property. • The student shall receive oral notice of the reason for the action at the time of the emergency placement. A proper due process hearing must occur within a reasonable time after the placement or expulsion.
Chapter 37 does not specify a minimum term of a disciplinary removal or expulsion, as these decisions are determined by local codes of conduct and school officials. Additional requirements for discipline of students with disabilities are included on pages 52-53.
Student conduct: Required notice to educators and confidentiality rules
A classroom management issue can quickly escalate into a dangerous situation when the student involved has a propensity for violence or a criminal history of violent behavior. Because of this, Texas law requires law enforcement and school districts
to notify educators of the presence of dangerous students in
the classroom. Educators must protect the confidentiality of such information and are subject to harsh penalties for failure to do so.
Criminal conduct
The Texas Code of Criminal Procedure requires the head of a law enforcement agency to orally notify a school district superintendent within 24 hours when he/she has information indicating that a student enrolled in the district has been arrested for certain types of offenses, such as assault, drug offenses or unlawful possession of a weapon. The superintendent must then immediately notify all instructional and support personnel who have responsibility for supervision of the student.
On conviction, adjudication or deferred prosecution of any type of covered offenses, the prosecuting attorney must within 24 hours notify the superintendent, who must then within 24 hours notify all instructional and support personnel who have regular contact with the student.
Statutory changes initiated by TCTA provide that the required notice to school personnel must include details of assaultive behavior or other violence, weapons used during the offense or conduct, weapons possessed during the offense or conduct, name of the person notified, and the date and time of the oral notice.
State law also requires a school board to report to SBEC if it learns that a superintendent has failed to provide notice to applicable staff. Also, if a superintendent learns that the head of a law enforcement agency or designee failed to provide the required notice, the superintendent must report that failure to the Texas Commission on Law Enforcement.
Severe misconduct
When a student has engaged in conduct that requires placement in a disciplinary alternative education program or that may subject the student to expulsion, the Texas Education Code requires a principal to report the student’s misconduct to all educators who are responsible for the student’s instruction. Conduct that triggers this reporting requirement includes criminal conduct such as assault, drug offenses or unlawful possession of a weapon (as covered by the Texas Code of Criminal Procedure reporting requirement discussed in the box below). However, the reporting requirement in the Education Code is broader and also requires notice for additional types of conduct, such as making a false alarm or terroristic threat, committing an act that would be punishable as a felony, drug and alcohol offenses, and lewd conduct. Note that there is no requirement that the student be arrested or have criminal charges filed for this notice provision to apply, only that the underlying conduct contains the elements of the described offense.
Student transfers
Occasionally a district may enroll a student who transferred from another district or charter school while disciplinary action, such as placement in a DAEP, suspension or expulsion, is ongoing. The Education Code requires that the transferring school district inform the new school district of the disciplinary Continued
WHAT KIND OF STUDENT CONDUCT DO THEY HAVE TO TELL ME ABOUT?
You are entitled to notification when a student under your supervision has a criminal history for these offenses:
• Any felony; • The following misdemeanors: unlawful restraint, indecent exposure, assault, deadly conduct, terroristic threat, engaging in organized criminal activity; • Unlawful use, sale or possession of a controlled substance, drug paraphernalia, or marijuana; • Unlawful possession of a weapon. (Texas Code of Criminal Procedure, Article 15.27)
You are entitled to notification when a student under your supervision is required to register as a sex offender.
(Texas Code of Criminal Procedure, Article 15.27)
You are entitled to notification when a student under your supervision is subject to removal to a DAEP or expulsion for these acts:
• False alarm, report or terroristic threat involving a public school; • Any of the following within 300 feet of a school: conduct punishable as a felony; assault; sale, delivery or possession of marijuana, controlled substance or a dangerous drug; possession, delivery or sale of alcohol, or being under the influence of alcohol; public lewdness;
indecent exposure; • Retaliation against a school employee; • Any of the following on school property or while attending a school-sponsored event: use, exhibition or possession of a firearm, illegal knife or club; conduct that contains the elements of aggravated assault, sexual assault or aggravated sexual assault; arson; murder or attempted murder; indecency with a child; aggravated kidnapping; aggravated robbery; • Severe or persistent misbehavior while placed in a DAEP. (Texas Education Code §§ 37.006-37.007)
action and provide a copy of the order of disciplinary action. The new school district may then decide whether to require the student to complete the disciplinary action imposed by the transferring district. A student also may enroll in a new school district while on probation or parole. In this instance, the parole or probation officer must notify the new school district of the student’s status in the criminal justice system. Legislation initiated by TCTA requires that this notification occur within 24 hours of the transfer or reenrollment. District officials must then notify all instructional and support personnel who have contact with the student within 24 hours.
Confidentiality requirements
When an educator receives notification of dangerous student conduct pursuant to any of these statutory provisions, the educator is required by law to maintain the confidentiality of that information. Additionally, the Educators’ Code of Ethics prohibits an educator from revealing confidential information about students.
Disclosure of such confidential information could lead to the imposition of sanctions against an educator’s teaching certificate by SBEC and also could result in adverse employment action against the educator by the school district. Any educator who receives information about student misconduct should strictly protect the confidentiality of that information.
TCTA’s work to ensure safe classrooms
The provisions discussed in this section are largely the result of the TCTA lobby team’s efforts with the legislature over many years. TCTA believes that prompt notification to educators of potentially dangerous students contributes to campus safety. Educators who have access to information about a student’s criminal and disciplinary history can make appropriate decisions about how best to manage the potential risk the student presents to the safety of students or faculty. TCTA advises educators that they have a duty to respect the confidentiality of the information entrusted to them and to ensure that these students have access to the educational opportunities offered by the district.
SCHOOL SAFETY AND THREAT ASSESSMENT TEAMS
The 2019 legislative session saw a renewed push for resources for student mental health and well-being in response to the charge to promote school safety. Districts are now required to incorporate digital citizenship into the curriculum, including the criminal consequences of cyberbullying. Though some money was allocated for districts to voluntarily add new security measures to their facilities, the approach the legislature took was to focus on personnel and students. In addition to the teacher training outlined on page 27, school districts also must establish threat assessment teams to serve each campus. These teams will evaluate threats and individuals and determine the appropriate intervention, which may include referral to mental health services. Threat assessment teams are separate and distinct from those that handle discipline. In 2019, lawmakers added $100 million in one-time funding to the school finance formulas for a district to choose to use in several ways, including establishing or funding school-based mental health centers or hiring more counselors. As part of a multihazard emergency operations plan, districts must adopt policies for responding to active-shooter emergencies. The plan also must ensure that employees have classroom access to a phone or other electronic communication device allowing for immediate contact with emergency responders. School districts that fail to submit a multihazard emergency operations plan to the Texas School Safety Center may have a conservator appointed by the commissioner of education. The conservator is authorized to order the district to adopt, implement and submit a plan, and the commissioner is authorized to appoint a board of managers if the district fails to comply with the conservator’s order. Watch TCTA’s online CPE video “Response to Intervention: A System of Support for Students and Teachers,” at tcta.org/seminars to earn 1.25 CPE credit hours.
YOUR STUDENTS
Individuals with Disabilities Education Act (IDEA)
Federal law governing the education of students with disabilities requires that children with disabilities receive a free and appropriate public education in the least restrictive environment. Due to the inclusion of special education students in regular classrooms, educators need to know the requirements of the federal IDEA 2004.
Eligibility
The law provides that a child shall not be determined to be a child with a disability if the determinant factor is: (A) lack of appropriate instruction in reading, including in the essential components of reading instruction (as defined in section 1208(3) of the Elementary and Secondary Education Act of 1965); (B) lack of instruction in math; or (C) limited English proficiency.
Specific learning disability
A student cannot be labeled with a SLD if the child’s low achievement is due to lack of appropriate instruction in reading or math. The U.S. Department of Education stated in comments accompanying the federal regulations that “whether a child has received ‘appropriate instruction’ is appropriately left to state and local officials to determine.”
Additionally, the reauthorized law and regulations indicate that the traditional “discrepancy” model for determining whether a child has a SLD, which relied on a severe discrepancy between IQ and achievement, is no longer in favor. The regulations provide that states must adopt criteria for determining whether a child has a SLD, and the criteria cannot require schools to use the discrepancy model, but instead must permit the use of a process based on the child’s response to intervention. Accordingly, states can permit the use of discrepancy models, but it is more likely states will use other models, such as the research-based “response to intervention.” For further information on RTI, see tcta.org/rti.
Help for struggling learners
The reauthorized IDEA allows schools to use up to 15% of the federal special education funds they receive to develop and implement coordinated, early intervention services for students in kindergarten through grade 12 (with a particular emphasis on students in kindergarten through grade 3) who have not been identified as needing special education or related services, but who need additional academic and behavioral support to succeed in a general education environment.
Personnel
Federal law states that paraprofessionals who are “appropriately trained and supervised” can “assist” in providing special education and related services. State law clarifies that aides can only be used to support special education instruction. Special education instruction can be provided only by properly certified professionals, even in disciplinary alternative education programs. State rules require aides who work with special education students to be certified.
TCTA ONLINE TRAINING ON RTI
Referral for special education services
State rules clarify that if a student continues to experience difficulty in the general classroom after the provision of intervention, district personnel must refer the student for evaluation for special services. TEA has further clarified that response to intervention is not required prior to any special education referrals, that a referral can be made at any time during the RTI process (a child need not advance through each tier of an RTI system before a special education referral is made), and that timely referral for evaluation under IDEA is made if, after an appropriate amount of time, the student is not making adequate progress. Generally the district must conduct an assessment of the referred student within 45 school days of receipt of written consent for the evaluation from the parent/ guardian. Certain exceptions apply when parent consent is given close to the end of the school year. The individualized education program team must then meet to develop an IEP for the child within 30 days of the evaluation (or determination that the child needs special education services). The IEP must be implemented “as soon as possible” after the IEP team meeting, meaning without delay.
Who must attend IEP team meetings?
Federal law requires that at least one regular education teacher be a member of the IEP team (or ARD committee) if the student is or may be placed in a regular education setting. (See page 52.) However, the law provides that members of the IEP team/ARD committee are not required to attend meetings if the parent of the student and the school district agree that the attendance of such member is not necessary because the member’s area of the curriculum or related services is not being modified or discussed in the meeting. If the member’s area of the curriculum is being discussed, the member can be excused by submitting written input on the development of the IEP prior to the meeting. The law also allows the parent and the school district to agree to make changes to an IEP after the annual IEP meeting without convening another meeting, but by making the changes in writing, allowing the IEP team to meet via conference call or video, and requiring school districts to consolidate IEP team meetings as much as possible.
Which regular education teacher must be on the IEP team (ARD committee)?
TCTA-initiated legislation provides that the regular education teacher who serves as a member of a student’s ARD committee must, to the extent practicable, be a regular education teacher responsible for implementing a portion of the student’s IEP.
What must the IEP contain?
The IEP must contain a statement of the program modifications or supports for school personnel that will be provided for the child. These are tools that will help school personnel work more effectively with the child and could include special training for the child’s teacher. The IEP must include enough information to enable teachers to understand what is required to effectively implement it. TCTA-initiated legislation passed in 2013 specifies that a student’s behavioral intervention plan is part of the IEP. Recently passed legislation requires that if a behavior improvement plan or behavioral intervention plan is included as part of a student’s IEP, the IEP committee must review the plan at least annually to address changes in the student’s circumstances that might affect behavior, such as a different placement, an increase in disciplinary actions, a pattern of unexcused absences or an unauthorized unsupervised departure from an education setting. The review should also address the safety of the student or others.
TEA model IEP form
TEA developed a model IEP form that includes only information required by state or federal law for school districts to use, if desired. Find the form on TEA’s website at http://goo.gl/9v8H6.
Who gets the IEP?
Federal regulations require that the child’s IEP must be accessible to each regular education teacher and anyone else responsible for its implementation as soon as possible after it is finalized and before beginning work with the child. (Texas rules require that each teacher of the child must have access to relevant sections of the IEP.) Each teacher who will provide services to the child must be informed of his/her specific responsibilities related to implementing the child’s IEP and the specific accommodations, modifications and supports that must be provided for the child in accordance with the IEP. Schools and teachers have continuing obligations to make good faith efforts to assist the child in achieving the IEP goals and objectives.
DISCIPLINE UNDER IDEA
Removal/change of placement
School officials can remove any child with a disability from his/ her regular school placement for up to 10 consecutive school days at a time, even over the parents’ objections. However, school officials cannot use this authority to repeatedly remove a child from his/her current placement if that series of removals constitutes a change in placement. A change in placement occurs when: • The removal is for more than 10 consecutive school days; or • The child has been subjected to a series of removals that constitute a pattern: (1) because the series of removals totals more than 10 school days in a school year; (2) because the child’s behavior is substantially similar to the child’s behavior in previous incidents that resulted in a series of removals; and (3) because of additional factors such as the length of each removal, the total time the child has been removed, and the proximity of the removals to one another.
Removal for more than 10 days
If a child with a disability is removed for more than 10 cumulative school days in a school year, a free and appropriate public education must be provided. Also, within 10 school days of any decision to change the placement of a child, the school district must convene an individualized education program team (same as the admission, review and dismissal committee) meeting to determine whether the child’s behavior is related to the disability (manifestation determination). The reauthorized law clarifies that behavior is a manifestation of a disability only when it is caused by, or has a direct and substantial relationship to, the disability or when the conduct in question was the direct result of the district’s failure to implement the IEP. If the IEP team concludes that a child’s behavior is not due to his/her disability, the child can be disciplined in the same way and for as long as nondisabled children, except that a FAPE must continue to be provided to the child with a disability. Within 10 days of taking disciplinary action that constitutes a change in placement, a district must seek parent consent to conduct a functional behavioral assessment (if the student has not previously had one, or if the student’s most
YOUR STUDENTS
Inclusion & ARDs for regular education teachers
Federal rules for IDEA require that “to the maximum extent appropriate, children with disabilities ... are educated with children who are nondisabled; and that ... removal of children with disabilities from the regular [classroom] occurs only if the ... disability is such that education in regular classes with the use of supplementary aids and services cannot be achieved satisfactorily.” State rules provide that support services include, but are not limited to, co-teaching, direct instruction to special education students, collaborative planning, small group instruction, or other support services determined necessary by the admission, review, and dismissal committee. TCTA-initiated legislation and TEA rules require school districts to develop a process for regular education teachers teaching special education students to request a review of and provide input into the development of a student’s individualized education program. The process must include a provision for a timely district response to the request and district notification to the student’s parent of the district’s response. TEA rules also require each school district to ensure that each teacher involved in a student’s instruction has the opportunity to request assistance regarding the implementation of the student’s IEP. State law and TEA rules provide that the regular education teacher who serves as a member of a student’s ARD committee must, to the extent practicable, be a regular education teacher who is responsible for implementing a portion of the student’s IEP. However, if issues considered at an ARD meeting do not require a specific teacher’s participation, the parents and the district can agree in writing that the teacher need not attend. If a specific teacher’s participation is required, the parents and the district can agree to have that teacher provide information in writing, in lieu of attending. State rules provide that all ARD committee members must have the opportunity to participate in a collaborative manner in developing the IEP. A committee decision concerning required elements of the IEP must be made by mutual agreement of the required members if possible. TCTA-initiated legislation and TEA rules require that each member of the ARD committee who disagrees with the IEP developed by the ARD committee is entitled to include a statement of disagreement in the IEP.
TEA is required to establish and maintain a website (https:// goo.gl/Hq6Y0j) that provides resources for teachers of students with special health needs. It must include information on the treatment and management of chronic illnesses and how such illnesses impact a student’s well-being or ability to succeed in school. It also must provide information on food allergies that are common among students, including how to prevent exposure to a specific food when necessary to protect a student’s health and how to treat a student suffering from an allergic reaction to a food.
recent such assessment is more than a year old), and develop a behavioral assessment plan or review and modify the plan if one has already been developed and implemented. If the removal is not a change in placement, the IEP team must only meet if one or more members of the IEP team think modifications are necessary.
Removal for serious offenses
School authorities can remove a child from his/her regular school placement for up to 45 school days at a time, without regard to a manifestation determination, if the child has brought a weapon to school or to a school function; knowingly possessed or used illegal drugs or sold or solicited the sale of controlled substances while at school or a school function; or inflicted serious bodily injury upon another person while at school, on school premises or at a school function. Serious bodily injury is defined in U.S. Code, Title 18, Section 1365(h)(3) as a cut, abrasion, bruise, burn, or disfigurement; physical pain; illness; impairment of the function of a bodily member, organ, or mental faculty; or any other injury to the body, no matter how temporary, that involves a substantial risk of death; extreme physical pain; protracted and obvious disfigurement; or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.
Removal to a disciplinary alternative setting
If school officials believe that maintaining a child’s current placement is substantially likely to result in injury to the student or others in the child’s regular placement, they can ask an impartial hearing officer to order that the child be removed to an interim disciplinary alternative educational program for up to 45 days. If, at the end of the DAEP placement, school officials believe that it would be dangerous to return the child to the regular placement because the child would be substantially likely to injure him/herself or others in that placement, they can ask a hearing officer to order that the child remain in the DAEP for an additional 45 days. If necessary, school officials also can request subsequent extensions of these interim DAEP placements for up to 45 days at a time if they continue to believe that the child would be substantially likely to injure him/herself or others if returned to the regular placement.
Restraint of students with disabilities
TEA rules (19 TAC, Sec. 89.1053) limit the use of physical force or a mechanical device that would significantly restrict the free movement of all or a portion of a student’s body. The use of restraint must: • be limited to such force as is reasonable to address an emergency; • be discontinued when an emergency no longer exists, • be implemented to protect the health and safety of the student and others; and • not deprive the student of basic human necessities. Anyone who restrains a student must receive training within 30 school days, if not previously trained in restraint. The training must include prevention and de-escalation techniques, restraint alternatives, accepted practices and standards regarding behavior management. If an employee restrains a student: • a principal or designee must receive notice of the restraint that day; • a good faith effort must be made that day to notify the student’s parent(s); • written notice to the parent must be placed in the mail or given to the parent within one business day; and • the student’s eligibility folder must contain documentation of the use of restraint. The documentation of the restraint and the parent notice must include the “who, what, when, where and how” of the restraint, a description of the conduct requiring the restraint, and the alternatives and de-escalation attempted. Recently passed legislation requires the commissioner rules to require districts to provide detailed written notification to a parent for each use of restraint that notes (if the student has a behavioral plan) whether the plan may need to be revised due to the student’s behavior or (if the student does not have a behavioral plan) information on how to request an ARD committee meeting to discuss conducting a functional behavioral assessment and developing a plan.
Exceptions
Actions that are not considered restraint include limited physical contact with a student to promote safety (e.g., holding a student’s hand), prevent a potentially harmful action (e.g., running into the street), teach a skill, redirect attention, provide guidance to a location, or provide comfort.
Timeouts and seclusion
The rules also include limitations on the use of timeout and seclusion. Timeout occurs when a student is separated from other students for a limited period in a setting that is not locked and in which the exit is not physically blocked by furniture, a closed door held shut from the outside, or another inanimate object. Recent legislation prohibits the use of timeout that precludes a student from progressing appropriately in the curriculum and annual goals in the IEP, including physically isolating the student; or a technique or intervention that deprives a student of one or more senses or results in a denial of supervision of the student; but specifies that these provisions do not prohibit a teacher from removing a student from class under current discipline laws. If a special education student has a behavioral intervention plan or a behavioral improvement plan, the school district must document each use of time-out due to a behavior specified in the plan, including a description of the behavior that led to the time-out. View the rules online at https://bit.ly/3jfW0uT.
Teacher Retirement System
The Teacher Retirement System of Texas manages pension funds for Texas public education and some higher education employees, and it oversees the health insurance programs for active members (TRS-ActiveCare) and retirees (TRS-Care). TRS is governed by a nine-member board of trustees, appointed by the governor and confirmed by the Texas Senate. Many changes to TRS and its benefit structure have occurred in recent legislative sessions. These changes have made determining an individual employee’s retirement eligibility and benefits very complicated. We encourage TCTA members to call or email TCTA with general questions, or contact TRS directly for information about a specific situation. Per 2019 legislation, contribution rates to the TRS pension fund will increase over the coming years.
PENSION FUND CONTRIBUTIONS
(a percentage of salary/payroll)
2021 2022 2023 2024 State 7.75% 8.0% 8.25% 8.25% Active members 8.0% 8.0% 8.25% 8.5% School districts* 1.7% 1.8% 1.9% 2.0%
*Districts also contribute at the state rate on salary paid above the state required minimum salary.
Employees contribute 0.65% of salary to the TRS-Care fund (retiree health insurance). The state contributes 1.25% of payroll, and school districts contribute 0.75%.
Standard retirement
Generally, a TRS member may retire with the standard benefit at: 1. age 65 with five or more years of service credit; or 2. with at least five years of service, any combination of age and years of service credit totaling at least 80 (the “Rule of 80”). Exceptions: • A member who enters TRS membership after Aug. 31, 2007, and who had at least five years of service credit as of
Aug. 31, 2014, must also meet a minimum age of 60 for full retirement benefits. • A member who did not have at least five years of service credit as of Aug. 31, 2014, must meet a minimum age of 62 for full retirement benefits.
Members described by these provisions can still retire upon meeting the Rule of 80, but will have benefits reduced by 5% for each year under age 60 or 62, as appropriate.
A TRS member who entered the system prior to Aug. 31, 2007, and had at least five years of service credit as of Aug. 31, 2014, does not have to meet a minimum age requirement to retire with full benefits.
who withdrew TRS funds, then subsequently returned to school employment, to have entered on the date of re-entry rather than the original date of membership. The TRS Benefits Handbook, available at trs.texas.gov, has full details on retirement eligibility.
Early retirement
An employee can opt for early retirement if he/she has at least 30 years of service credit but does not meet the Rule of 80, or is at least age 55 with five or more years of service. Penalties for early retirement can be quite severe, but depend on the employee’s age, years of service credit, and whether they meet certain “grandfather” provisions established in 2005 when the penalties for early retirement were increased. Employees considering early retirement can consult with a TRS benefits counselor or use the retirement calculators on the TRS website.
If a member leaves TRS-covered employment before meeting the criteria for retirement with either full or reduced benefits, the member may withdraw the money contributed to date, plus interest earned, but will not receive an annuity. The interest earned on contributions was lowered from 5% to 2%; the lower rate applies to contributions made after Sept. 1, 2014.
Note: Any employee retiring after Aug. 31, 2005, who does not meet the Rule of 80 or have at least 30 years of service credit will not be eligible for TRS-Care, the retiree health insurance.
Disability retirement
An employee with a mental or physical disability that is likely permanent and that prohibits further performance of his/her duty may be eligible for disability retirement. An individual who qualifies for disability retirement and who has at least 10 years of service credit may opt for a disability retirement and receive an unreduced monthly annuity (calculated using the standard retirement formula), with a minimum annuity of $150. An employee who qualifies for disability retirement but has fewer than 10 years of service credit will receive a monthly benefit of $150 paid for the number of months that the employee worked in a TRS-covered position prior to retirement, the duration of the disability, or the duration of the employee’s life, whichever is least. Other key provisions affect how disability retirement works and whether it is the best option for an employee with a disability; members should review the TRS Benefits Handbook (at trs. texas.gov) or speak to a TRS benefits counselor for more details.
Partial lump-sum option
Retirees can select a partial lump-sum distribution of cash in exchange for a lower future monthly retirement benefit. This program is available only to members who are eligible for unreduced retirement benefits. The member must meet a Rule of 90 upon retirement to be eligible for the PLSO.* The maximum lump sum that may be taken is an amount equal to Continued
36 months of a member’s monthly retirement benefit. For more information and to calculate the reduced standard monthly benefit under the PLSO, visit https://goo.gl/cVMoZd. *Note: An employee who, as a TRS member on Aug. 31, 2005, was at least age 50, or met the Rule of 70 (age and years of service credit total at least 70), or had at least 25 years of service credit does not have to meet the Rule of 90 upon retirement to be eligible for the PLSO, but must meet the requirement for normal (unreduced) retirement.
Same-sex spouses
Pursuant to the U.S. Supreme Court’s ruling in Obergefell v. Hodges in June 2015, TRS extends spousal benefits to same-sex spouses.
Employment after retirement
Several bills passed in the 2021 legislative session changed provisions regarding employment with a TRS-participating employer after retirement. In general, retirees can return to work full time after a complete break in TRS-covered employment (substitute service counts as “employment” for this purpose as do some types of volunteer work) of at least 12 consecutive months without jeopardizing their monthly TRS checks. An employee working at a school in any capacity, paid or unpaid, during the 12 months after retirement should contact TRS regarding their eligibility to return to work. A retiree can return to work up to half-time or as a substitute after only a one-calendar-month break in service without penalty (a disability retiree returning half-time or as a substitute may work no more than 90 days in the school year). Per a new TRS rule effective Nov. 1, 2021, “half-time” is defined as up to 92 hours or 11 days in a calendar month. In accordance with new legislation, an employee who retired prior to Jan. 1, 2021, can return to work full time with no loss of monthly TRS checks, even if the employee did not sit out 12 months before returning to work. Other new bills provide that the restrictions on employment after retirement do not apply to (1) retirees returning to work in positions through Dec. 31, 2024, solely paid by federal funds for the purpose of mitigating COVID-19 related student learning loss; or to (2) retired teachers returning in a tutoring program facilitated by a nonprofit teacher organization. Districts must make contributions to TRS (15.75% of salary for the 2021-22 school year) and TRS-Care (an amount set by TRS at $535 per month, due only on retirees participating in TRS-Care) on behalf of a rehired retiree. Pursuant to legislation initiated by TCTA, this surcharge is not required for employees who retired prior to Sept. 1, 2005. A new provision exempts districts hiring a retiree for federally-funded positions related to mitigating COVID-19 learning loss from paying the surcharges. New legislation provides that an employer cannot directly or indirectly pass the surcharge costs on to the retiree by any means designed to recover the costs. A district participating in TRS-ActiveCare may be required to offer ActiveCare enrollment to a returning retiree, but the retiree may opt to remain in TRS-Care. The laws governing employment after retirement have been eased under recent legislation, but there are important details that retirees must be aware of before making the decision to return to work. We strongly advise consulting with a benefits counselor at TRS (800-223-8778).
HOW TO CALCULATE YOUR TRS BENEFITS
To calculate TRS retirement benefits, use the following formula: 1. Multiply your years of service credit by 2.3%. (Example: if you have 30 years of service credit in TRS, 30 x 2.3 = 69%.) 2. Determine the average of your five highest years of salary.* 3. Multiply your average salary (from step 2) by the number from step 1. This is your annual TRS standard annuity. (Example: $60,000 x 69%. This person’s standard annuity would be $41,400 per year.) *An individual who, as a TRS member on Aug. 31, 2005, was at least 50 years old, or met the Rule of 70, or had at least 25 years of service credit should use the three highest years of salary for this calculation. Note the “Exceptions” on page 55 that describe reductions in the standard annuity based on age at retirement.
Active employee and retiree health insurance
TRS is responsible for the separate state health insurance plans that serve active employees (TRS-ActiveCare) and retirees (TRS-Care). More information about these plans is on page 58.
Social Security benefits
The vast majority of Texas school districts do not participate in Social Security, so most employees are entitled to Social Security benefits only if they paid into that system through other employment (for at least 40 quarters) or through their spouses. However, federal law reduces, or in some cases eliminates, the amount of Social Security benefits received in those situations.
Government Pension Offset
If you retire from a district that does not participate in Social Security but are eligible for benefits through your spouse, the GPO will reduce the amount of your spousal or survivor Social Security benefits by two-thirds of the amount of your TRS pension. (See https://goo.gl/tUae7 for a more detailed explanation.) The GPO does not affect the amount of your TRS pension. An employee must work at least the last 60 months prior to retirement in a position that pays into both TRS and Social Security to be exempt from the GPO. See tcta.org/ssdistricts for an unofficial list of Texas school districts participating in Social Security.
TCTA TRAINING ON SOCIAL SECURITY
Watch TCTA’s free online continuing education video “Social Security Retirement Benefits: What You Need to Know,” at tcta.org/seminars to earn 1.25 CPE hours.
Windfall Elimination Provision
If you work in a district not participating in Social Security but are eligible for Social Security benefits because of previous employment in which you paid into Social Security, you may be subject to the WEP. The effect of this offset is not generally as severe as that of the GPO, but it may still be significant. See https://goo.gl/y4ZMr for more information. TCTA continues to urge repeal of the offsets through our Washington lobbying efforts and has supported federal legislation that would implement a fairer calculation of the WEP penalty. Find a TCTA Q&A at tcta.org/ssq&a.
UNDERSTANDING YOUR TRS BENEFITS
Partial year of service
An employee who is not retiring must work at least 90 days during the school year to receive a year of service credit. An exception is made for individuals in their final year before retirement; they can receive the year of credit for working the full fall semester, even if it is less than 90 days. The “school year” for TRS purposes begins Sept. 1, so the 90-day count does not include any days worked prior to Sept. 1.
Purchase of credit
Teachers can purchase different types of service credit in the retirement system, including: 1. Previously withdrawn credit from prior service in Texas 2. Out-of-state service (up to 15 years) 3. Military service (up to five years) 4. Credit for accumulated state leave (one year of credit for 50 unused state leave days) 5. Developmental leave (up to two years) 6. Work experience (for career/technology teachers only; up to two years) There are limits on the aggregate amount of time purchased, and the cost of different types of service credit varies among individuals (TRS can provide assistance in calculating the cost). Purchased service credit counts toward the requirement to meet the Rule of 80 for TRS-Care eligibility. A person with unreported service (including substitute service) must verify the service within five years of when it was rendered for it to be creditable.
If your TRS annual statement excludes any eligible service or compensation credit, you must correct the error no later than May 31 of the year following the year in which the service was rendered in order to avoid paying an additional cost. After that time (but within the five-year period) you will pay the actuarial cost of the service, which will increase every year — so take care of the issue as quickly as possible.
YOUR BENEFITS
Health insurance
The state offers health insurance coverage to both active and retired school employees. Many districts offer local health insurance for active employees rather than the state plan.
Active employees (TRS-ActiveCare)
The state plan for school employees has four levels of coverage. For 2021-22, enrollment in the highest level, ActiveCare 2, continues to be limited to only those who were enrolled in that level in 2020-21. ActiveCare is administered by Blue Cross Blue Shield with pharmacy benefits managed by CVS Caremark.
All districts and eligible employees, regardless of whether they participate in the state plan, are included in the funding contributed for school employee health insurance (unless the employee has waived coverage). The term “eligible employees” includes part-time employees working at least 10 hours per week. The state provides $75 per month for each participating employee for health insurance coverage, and districts must contribute at least $150 per month per employee.
Participation
All school districts are eligible to participate in the statewide plan. Districts choosing not to participate must still provide access to health insurance. The funding arrangement ($75 per month per participating employee from the state and at least $150 per month per employee from the district) will still apply. Individual employees may choose to waive coverage. Per a new law passed in 2021, districts participating in TRSActiveCare can choose to withdraw from the program; if they leave, they must remain out of ActiveCare for at least five years. Similarly, a district opting in to ActiveCare must remain in the program for at least five years. A district must make a decision by Dec. 31 to change its participation for the next plan year. A school employee married to another school employee can decide whether to be treated under the district health insurance plan as the primary employee or a dependent. Pursuant to the U.S. Supreme Court’s ruling in Obergefell v. Hodges in June 2015, TRS extends spousal benefits to same-sex spouses.
Portability of insurance/continuing coverage
Legislation initiated by TCTA requires a school district not participating in the state plan to provide for portability of insurance coverage, an essential benefit for employees transferring from one school district to another. This ensures that the employee cannot be refused coverage for a pre-existing condition if the employee has had insurance under another qualifying plan for at least 12 months and applies for coverage under the district plan no more than 63 days after coverage is terminated under the former coverage. (A 2009 TCTA-initiated law prohibits TRS from opting out of federal law that requires coverage of pre-existing conditions, thus maximizing portability between private sector/local district coverage and TRSActiveCare. The federal Patient Protection and Affordable Care Act passed in 2010 also restricts the ability of a health care plan sponsor to opt out of the provisions of federal law that ensure portability.) Other TCTA-initiated legislation requires that districts provide insurance coverage and funding through the summer months for employees who resign after the end of the instructional year.
2021-22 ACTIVECARE RATES*
ActiveCare Plans Primary HD Primary+ 2**
Employee only $417 $429 $542 $1,013 Employee & spouse $1,176 $1,209 $1,334 $2,402 Employee & child(ren) $751 $772 $879 $1,507 Employee & family $1,405 $1,445 $1,675 $2,841 *Rates and benefits under locally provided plans or stateapproved HMOs will vary. **Enrollment in ActiveCare 2 is limited to employees who were enrolled in ActiveCare 2 in 2020-21. Note: The premium costs above do not take into account the required $75/month contribution from the state and $150/month from the district (some districts contribute more). Actual premium costs for employees will be lower than the amounts in this chart.
COVID-19 coverage
The TRS-administered plans are providing special COVIDrelated benefits, including free testing for many eligible enrollees. See the TRS website (https://www.trs.texas.gov/ Pages/news_coronavirus.aspx) for details.
HMO options
TRS has approved three HMOs as an option for employees in participating districts. The benefits offered under these HMOs are significantly different from benefits in the ActiveCare Blue Cross Blue Shield plan, and details are available on the TRS website in the Active Members > TRS-ActiveCare section.
Employees in the Panhandle and parts of West and Central Texas can participate in West Texas: BCBSTX; those in portions of the Rio Grande Valley can opt for South Texas: BCBSTX; Central Texas employees and those in some Central and North Texas counties can choose the Baylor Scott & White Health Plan.
Retirees (TRS-Care)
Details of the state’s health care coverage for retirees are available at trs.texas.gov. Beginning Jan. 1, 2018, a retiree who is age 65 and eligible for Medicare will be enrolled in a Medicare Advantage Plan with Medicare Part D prescription drug coverage. A retiree under age 65 will be enrolled in a high deductible plan. See trs.texas.gov for complete details. Due to a law passed in 2021, a one-time open enrollment opportunity will be provided to Medicare-eligible retirees who had voluntarily left TRS-Care between Jan. 1, 2017, and Dec. 31, 2019. Those choosing to re-enroll in the plan must do so by Dec. 31, 2023. TRS-ACTIVECARE PLAN HIGHLIGHTS* (effective Sept. 1, 2021-Aug. 31, 2022)
SERVICE PRIMARY HD
Deductible In-Network
Deductible Out-of-Network
Out-of-Pocket Max In-Network
Out-of-Pocket Max Out-of-Network
Coinsurance
$2,500 individual $5,000 family No out-of-network coverage with this plan. $8,150 individual $16,300 family No out-of-network coverage with this plan. $3,000 individual $6,000 family $5,500 individual $11,000 family $7,000 individual $14,000 family $20,250 individual $40,500 family
30% after deductible 30% after deductible IN 50% after deductible OON 20% after deductible 20% after deductible IN 40% after deductible OON
Office Visit
$30 copay/primary care $70 copay/specialist 30% after deductible for primary/specialist IN
50% after deductible for primary/specialist OON $30 copay/primary care $70 copay/specialist $30 copay/primary care $70 copay/specialist
40% after deductible OON
PRIMARY+ 2 (no new enrollees)
$1,200 individual $3,600 family No out-of-network coverage with this plan. $6,900 individual $13,800 family No out-of-network coverage with this plan. $1,000 individual $3,000 family $2,000 individual $6,000 family $7,900 individual $15,800 family $23,700 individual $47,400 family
Diagnostic Lab
Office/independent lab: You pay $0. Outpatient: 30% after deductible 30% after deductible IN 50% after deductible OON Office/independent lab: You pay $0. Outpatient: 20% after deductible Office/independent lab: You pay $0 IN, 40% after deductible OON. Outpatient: 20%/40% after deductible.
Preventive Care Plan pays 100% Plan pays 100% Plan pays 100% Plan pays 100%
Urgent Care $50 copay
30% after deductible IN 50% after deductible OON $50 copay $50 copay IN 40% after deductible OON
Emergency Care 30% after deductible 30% after deductible 20% after deductible $250 copay + 20% Outpatient Costs 30% after deductible 30% after deductible IN 50% after deductible OON 20% after deductible $150 copay + 20% after deductible IN $150 copay + 40% after
deductible OON
Inpatient Hospital 30% after deductible 30% after deductible IN 50% after deductible OON 20% after deductible $150/day + 20% after deductible IN $500/day + 40% after deductible OON
Freestanding ER $500 copay plus 30% after deductible $500 copay plus 30%/50% after deductible $500 copay plus 20% after deductible $500 copay plus 20%/40% after deductible
TRS Virtual Health $0 per consultation $30 per consultation $0 per consultation $0 per consultation
Prescription Drugs Deductible
Integrated with medical deductible Integrated with medical deductible $200 brand deductible $200 brand deductible
Generic Drugs
(30-day / 90-day supply $15 / $45 copay $0 for certain generics 20% after deductible $0 for certain generics $15 / $45 copay $20 / $45 copay
Preferred Brand 30% after deductible 25% after deductible 25% after deductible 25% after deductible*
Non-preferred Brand 50% after deductible 50% after deductible 50% after deductible 50% after deductible* Specialty Drugs 30% after deductible 20% after deductible 20% after deductible 20% after deductible*
YOUR BENEFITS
Tuition aid and housing assistance
Several programs provide tuition aid, exemptions and grants, and housing assistance for educators. More information and links are available at tcta.org/professional-resources/teacher-
Federal program
The federal Teacher Education Assistance for College and Higher Education Grant program is a non-need-based program providing up to $4,000 per year to undergraduate, post-baccalaureate and graduate students who agree to teach for four years in a high-need field in a low-income school (within eight years of completing the program for which the TEACH Grant was awarded). Also eligible are teachers or retirees with expertise in a high-need field pursuing a master’s degree and current or former teachers pursuing certification through a high-quality alternative certification route (note: additional requirements apply). The TEACH Grant rules now provide greater flexibility. There is a reconsideration process now open to all TEACH Grant recipients whose grants have converted to loans. Go to https://goo.gl/n4acPL for details.
State programs
The Teach for Texas Loan Repayment Program provides up to $2,500 annually in loan repayment assistance for eligible teachers who submit an annual application to the Texas Higher Education Coordinating Board and are: • certified in a shortage teaching field, currently teaching full time in that field at the time of application, and have taught in that field full time for at least one year at the preschool, primary, or secondary level in a Texas public school; or • a certified educator currently teaching in a shortage community full time at the time of application at the preschool, primary, or secondary level and have taught in that community full time for at least one year. The 2021-22 teacher shortage areas for Texas are: • Bilingual/English as a Second Language • Special Education • Career and Technical Education, secondary levels • Technology Applications and Computer Science • Mathematics, secondary levels The aggregate maximum for loan repayment amounts is $20,000. Participation in the program is limited to five years. The Education Aide Exemption program allows any current school employee who has worked as an educational aide for at least one of the last five years to qualify for college tuition and fee exemptions while seeking teacher certification. The Texas Higher Education Coordinating Board oversees state tuition assistance programs. Call 800-242-3062. Applications are available for the Math and Science Scholars Loan Repayment Program. Those who demonstrate high academic achievement as math or science majors are encouraged to teach math or science in Texas public schools for at least four consecutive years at Texas public schools that receive federal Title I funding. The maximum award amount for the current academic year has been increased to $10,000.
Loan deferment/forgiveness
The Income-Based Repayment program caps monthly federal loan payments at 10% or 15% of a recipient’s discretionary income. After making consistent payments for 20 or 25 years (terms depend on when you borrowed), any remaining loan balance will be forgiven. Loans that are forgiven under this program will not be taxed as income through 2025. The Public Service Loan Forgiveness program discharges any remaining debt after at least 10 years of full-time employment in public service, including jobs in public education. The borrower must have made 120 payments on or after Oct. 1, 2007, as part of the Federal Direct Loan program to obtain this benefit. It covers federal Stafford, PLUS, or consolidation loans in the Direct Loan program. (Since July 1, 2008, borrowers could consolidate into a Direct Loan to qualify. Only payments made on the new Direct Consolidation Loan counted toward the required 120 payments.) Borrowers may submit a new waiver form by Oct. 31, 2022, that allows all payments to count toward PSLF, regardless of loan program or payment plan. It will also waive restrictions on the type of repayment plan and the requirement that payments be made in the full amount and on-time for all borrowers. Additionally, the U.S. Department of Education will review denied PSLF applications for errors and give borrowers the ability to have determinations reconsidered. Teachers who received federal student loans and now serve in a designated low-income school or in a subject-matter shortage area may be able to cancel or defer certain student loans up to $17,500 under the Teacher Loan Forgiveness Program. The final extension for the federal student loan payment pause will be until Jan. 31, 2022. The pause includes the following relief measures for eligible loans: • a suspension of loan payments • a 0% interest rate • stopped collections on defaulted loans Go to https://studentaid.gov/announcements-events/ coronavirus for additional information.
Housing assistance
Educators are eligible for several programs benefiting homebuyers operated by the Texas State Affordable Housing Corporation. The Homes for Texas Heroes and Home Sweet Texas Home Loan programs provide low-interest 30-year fixed-rate mortgage loans to eligible homebuyers. Additionally, the Mortgage Credit Certificate program reduces tax liability. To qualify, homebuyers must meet program requirements, including income and home purchase price limits. State-certified K-12 teachers may be eligible for the Department of Housing and Urban Development’s Good Neighbor Next Door program. Go to http://goo.gl/ZGZmx for more information.
Every Student Succeeds Act (ESSA)
Congress passed the Every Student Succeeds Act in December 2015. ESSA is the main body of federal legislation governing public education.
Standards
ESSA requires each state to establish challenging state academic standards in mathematics, reading/language arts, science and any other subject determined by the state, that are aligned with entrance requirements for credit-bearing coursework in the system of public higher education in the state and relevant career and technical education standards. ESSA allows states to adopt alternate academic achievement standards for students with the most significant cognitive disabilities if they are aligned with the challenging state academic standards noted above and reflect professional judgment as to the highest possible standards achievable by such students.
Assessment
States receiving Title I funds are required to assess reading/ language arts and mathematics every year in grades 3-8 as well as one year in the 9-12 grade span (Texas currently requires students to pass Algebra I and English I and II end-of-course exams to graduate). States also are required to administer a science assessment annually in at least one grade in each of the following grade spans: 3-5, 6-9 and 10-12. Texas meets these requirements. ESSA allows school districts to use locally selected, nationally recognized high school academic assessments in lieu of the state high school assessments, if approved by the state. However, the tests must be aligned with the state academic content standards, address the depth and breadth of such standards, and be equivalent in content coverage, difficulty, and quality to the state-designed assessments. They must also provide comparable, valid, and reliable data on academic achievement, as compared to the state-designed assessments, for all students and for each subgroup of students among all local school districts within the state. The Texas State ESSA Plan does not currently contain provisions addressing this. ESSA requires participation in the grades 4 and 8 reading and math sections of the National Assessment of Educational Progress provided that the federal government pays for it.
Student participation requirements
ESSA requires states to annually measure the achievement of not less than 95% of the students in the state on the required Continued
