THE MAGAZINE of the TEXAS CLASSROOM TEACHERS ASSOCIATION Fall 2023 | Volume 43 | Number 2
Survival Guide 2023-24
It’s a jungle out there. Protect yourself.
WHAT’S INSIDE THE 2023-24
SURVIVAL GUIDE
What’s new in Texas public education .......................................................................................................................... 3-4
YOUR VOICE
Legislative involvement: You can make a difference ........................................................................................ 4-5 Site-based decision-making committees more important than ever ...................................................... 6 Resources for educators .............................................................................................................................................................. 6
YOUR JOB
A WORD ABOUT TCTA’S
SURVIVAL GUIDE
The Texas Classroom Teachers Association’s annual Survival Guide provides up-to-date information on education-related topics for Texas teaching professionals. Keep it handy to refer to throughout the year. Please note that information in this guide is current as of Sept. 30, 2023, but is subject to change. All legal material is for purposes of general reference only and is not a substitute for an attorney’s advice. TCTA members with general legal questions may ask them through our “Ask-a-Lawyer” response center at tcta.org. TCTA members who have specific legal questions or need more information should call TCTA at 888-879-8282.
CONNECT WITH US
Make sure you receive eUpdate to get the latest news and information. Sign up at tcta.org/eupdate or contact the Membership Department to make sure we have your current email address on file. Add communications@tcta.org to your address book or safe senders list. Follow us and join the conversation on Facebook (facebook.com/TexasCTA) and Twitter/X (@TexasCTA). Copyright © 2023
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Tips for new teachers ................................................................................................................................................................ 7-8 Teacher contracts .............................................................................................................................................................................. 9 Salaries and incentive pay ....................................................................................................................................................... 10 Paraprofessional wages/rights under Fair Labor Standards Act ......................................................... 11-12 Educator certification/continuing professional education ....................................................................... 13-16 Charter school employees ........................................................................................................................................................ 17 Texas Teacher Evaluation and Support System .............................................................................................. 18-19 Professional boundaries with students ................................................................................................................. 20-21 FAQs: When placed on administrative leave ............................................................................................................ 22 FAQs: When called to the principal’s office ................................................................................................................ 23 FAQs: When dealing with parents ..................................................................................................................................... 24
YOUR LEGAL RIGHTS & RESPONSIBILITIES
Key laws affecting your time, classroom, students’ health, employment & legal protections (duty-free lunch/planning time, teacher grading authority, qualified immunity, etc.)......... 25-32 Child abuse or neglect reporting requirements....................................................................................................... 33 Eroding teacher rights.......................................................................................................................................................... 34-35 School safety and threat assessment.............................................................................................................................. 35 Student record confidentiality requirements & parental rights........................................................... 36-37
YOUR STUDENTS
Curriculum/programs ........................................................................................................................................................ 37-38 Student assessment ............................................................................................................................................................ 39-41 2023-24 student assessment calendar ...................................................................................................................... 40 Graduation requirements ................................................................................................................................................ 42-43 Laws that impact the student-to-student relationship ............................................................................ 44-45 Student discipline and violence ................................................................................................................................. 46-49 Student conduct: Required notice to educators and confidentiality rules ................................ 49-50 Individuals with Disabilities Education Act .......................................................................................................... 51-53 Inclusion and ARDs for regular education teachers ............................................................................................ 53 Restraint of students with disabilities............................................................................................................................... 54
YOUR BENEFITS
Teacher Retirement System ......................................................................................................................................... 55-57 Health insurance ............................................................................................................................................................................. 58 Social Security benefits ............................................................................................................................................................. 59 Tuition aid and housing assistance programs ............................................................................................... 59-60
FEDERAL EDUCATION LAW
Every Student Succeeds Act ......................................................................................................................................... 61-62 For a complete index, see page 63. THE CLASSROOM TEACHER (ISSN-0279-2494) is the official publication of the Texas Classroom Teachers Association (TCTA), providing news and opinions in the interest of education excellence. All contents are copyrighted and may not be reproduced without the publisher’s permission. The views and opinions contained in this publication are not necessarily those of the publisher. Copyright © 2023. Publication schedule is quarterly. Annual membership dues for TCTA are $175, $5 of which is allocated to a one-year subscription to THE CLASSROOM TEACHER. Subscriptions for nonmembers are $10 per year. POSTMASTER: Please send changes of address, articles and/or photographs to: Editor, THE CLASSROOM TEACHER, PO Box 1489, Austin, Texas 78767-1489. TCTA is located at 700 Guadalupe, Austin, Texas 78701. PERIODICALS POSTAGE PAID AT AUSTIN, TEXAS.
WHAT’S NEW IN TEXAS PUBLIC EDUCATION
House Bill 3928 changes dyslexia requirements During its regular session, the 88th Texas Legislature passed House Bill 3928 relating to dyslexia evaluations and services for public school students. HB 3928 provides for a number of requirements related to dyslexia, including: Classifying of dyslexia: Dyslexia is classified as a specific learning disability, one of the disability eligibility categories under the federal Individuals with Disabilities Act (see page 51). The provision of an evidence-based dyslexia program is considered a special education service. Qualifications of dyslexia instructors: Providers of dyslexia instruction (PDI) are not required to hold special education certification unless the local school district employs the PDI in a position that requires the certification, but all dyslexia instructors must be fully trained in the local school district’s adopted evidence-based dyslexia program and instructional materials for students with dyslexia. Further, according to TEA, because paraprofessionals must work under the supervision of teachers, a paraprofessional cannot be the person providing instruction to students in the evidence-based dyslexia program. The PDI is required to be involved in the development and implementation of the student’s Individualized Education Program (IEP). If the PDI is not a special education teacher, a certified special education teacher is also required to be involved in the implementation of the student’s IEP through the provision of direct, indirect and/or support services to the student in the general education classroom and/or in collaboration with the student’s general education classroom teacher and the PDI. Funding for providers of dyslexia instruction: Even PDIs who are not certified special education teachers can be paid through federal or state special education funds because they are providing instruction through an evidence-based dyslexia program that is considered a special education service required in order to provide a free and appropriate public education and is documented in the IEP. Required ARD committee membership: When dyslexia is suspected, a person with specific knowledge in the reading process, dyslexia and related disorders, and dyslexia instruction must serve on the local school district’s multidisciplinary team and any ARD committee that is convened to determine eligibility for special education and related services. The person must meet one of the following criteria: •
Be a licensed dyslexia therapist (LDT);
•
Be an individual who holds the most advanced dyslexiarelated certification issued by an association recognized by the SBOE, and identified in, or substantially similar to an association identified in, either the rules or Handbook adopted by the SBOE; or
•
If neither of the first two is available, be an individual who meets applicable training requirements adopted by SBOE.
BE AWARE More than 900 Texas districts now operate as Districts of Innovation. The vast majority have chosen to exempt themselves from the school start date law. Hundreds have also waived class size limitations, teacher certification requirements and other important laws. Other reforms have further eroded state law by allowing — or even encouraging — districts to partner with charters and similar entities, thereby deregulating the affected campuses. (See page 34.) TCTA members should follow all local policies. If you have questions or concerns, call the TCTA Legal Department at 888-879-8282 to discuss the matter with a staff attorney.
This person must be a part of an ARD committee meeting that determines initial eligibility and any meeting at which a change in and/or continued eligibility is discussed, as in a re-evaluation.
Bills change some certification requirements
For school counselors: The passage of Senate Bill 798 in 2023 means the State Board for Educator Certification’s qualifications for certification as a school counselor can no longer include Continued 2023-24 TCTA Survival Guide
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a requirement that the candidate have classroom teacher experience. SBEC must propose and approve related rules by Jan. 1, 2024. For pre-K teachers: Current law requires that a high quality pre-K teacher have both certification and an additional credential. HB 2729 adds to the list of acceptable additional qualifications an associate or baccalaureate degree in early childhood education or related field, and at least eight years of experience in a Texas Rising Star Program. Beginning with the 2023-24 school year, HB 2729 also revises credentials for pre-K teachers teaching in programs for which a district contracts with an eligible private provider. The teacher must be supervised by a person who is certified and possesses an additional credential, but the teacher does not have to meet the same requirements. The teacher must either have at least two years of experience teaching in a nationally accredited child care program or a Texas Rising Star Program and a CDA credential or Montessori certification; or must have an early childhood associate or baccalaureate degree, eight years in a nationally accredited child care program or Texas Rising Star Program, or other similar qualifications. Entities contracting with school districts must attempt to maintain an average of at least one qualified teacher or teacher’s aide for each 11 students. For CTE teachers: Beginning Sept. 1, 2023, HB 621 creates a temporary CTE teaching certificate for persons who have served in the armed forces or as a first responder. The person must otherwise meet eligibility requirements for a standard teaching certificate, except that if the certification requires an associate degree, they can substitute 48 months of active-duty military service or service as a first responder; for a bachelor’s degree, they can substitute 48 months of service plus at least 60 hours of higher education with at least a 2.5 GPA. The temporary certificate is valid for no more than three years and is not subject to renewal. The teacher must obtain at least 20 hours of classroom management training unless they have documented experience as an instructor or trainer during their service in the military or as a first responder; and will be assigned a mentor teacher for at least two years.
YOUR VOICE
Legislative involvement: You can make a difference The 2023 legislative session began with optimism that state lawmakers could agree on a meaningful pay raise and increase support for classroom teachers. Despite a long list of recommendations from the Teacher Vacancy Task Force, topped by a call for increased compensation for teachers, lawmakers focused their energy on “school choice” voucher-like proposals and the contents of school libraries. It is critical that educators actively participate in the legislative process to keep our representatives focused on issues that matter to teachers. TCTA can help you maintain relationships with state lawmakers during the legislative session and help those who support public education during election season. Next spring and fall, participate as much as possible in elections for state House and Senate seats, as well as Congressional offices and president. After election season, keep in contact with your representatives. You don’t have to appear at the Capitol in Austin to make your voice heard. The easiest way to participate is to call your state representatives and senators, tell them the issues that matter most to you, and encourage your colleagues to do the same.
Campaign season
Campaign season is in full swing during the summer and fall of even-numbered years. If you’re aware of a candidate you would like to support, getting involved early is a great way to become known and establish the groundwork for a long-term working relationship. Cover all of “the basics” outlined below; if you would like to help a particular candidate get elected, take at least three actions in the “what’s next” section.
The basics
Know your election dates. The primary election is scheduled for Tuesday, March 5, 2024. The general election is Tuesday, Nov. 5, 2024. The deadline to register to vote is 30 days before each election. Whether you vote early, by mail or on Election Day, cast a ballot and make sure your vote is counted. You can find your polling location and early voting information, and see what is on the ballot in your area, at Vote411.org or VoteTexas.gov. Identify the candidates. Go to TCTA’s TexasTeachersVote.org website for information on the candidates for the Texas Legislature in your districts. The site includes links to candidate websites and social media and incumbents’ voting records on key education issues. Check candidates’ voting records and/or education issue positions. Look at the “Issues” page of the candidates’ websites and watch debates and town hall meetings to learn about their goals for public schools and teachers. Pay careful attention to the language they use. “School choice” generally means vouchers, “local control” or “deregulation” may mean a loss of teacher legal protections, and “payroll protection” means the end of your ability to pay for association dues via payroll deduction.
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What’s next?
Now that you’ve determined there is a teacher-friendly candidate you would like to support, here’s how you can help: Contact the candidate to offer your assistance with the campaign. TCTA does not endorse candidates, so you will need to offer assistance as an individual, not as a TCTA representative. Spread the word. Tell your friends and family, colleagues, church acquaintances and others about the candidate and urge them to vote. Inform them of the candidate’s pro-education positions, and direct them to his/her campaign website. Join a postcardwriting campaign or a phone bank for the candidate. Get local teachers excited and involved. Talk to your colleagues about how they can help the candidate’s campaign. Plan to carpool to your voting location and then proudly wear your “I VOTED!” sticker. Check to see if the candidate has requested a contribution and/ or mailing labels from ACT For TCTA (TCTA’s political action committee). TCTA does not endorse candidates, so campaign contributions and mailing labels are ways we can provide support for pro-education candidates. Take advantage of early voting. Teachers (and other busy people) often find it very difficult to get to polling places on Election Day. Early voting provides an easy opportunity to vote at a convenient time. Make a financial contribution — even a small one. As little as $25 can help pay for yard signs, bumper stickers, phone calls and other tools that allow a candidate to carry on a conversation with voters. For example, a $25 donation will cover at least two yard signs, and just a few signs on a single street can have a positive impact. Or it can pay for an hour’s worth of time from a couple of block-walkers. Consider becoming a fundraiser by convincing a few friends or colleagues to match your own contribution. Your $25 can quickly become $100 or $200, and make a big difference in any campaign.
Contacting your legislators
The best time to make contact with your state senators and representatives is before the start of the legislative session. Whether you write, call or visit (in person or virtually), it’s always best to start with a thank you, identify yourself as a constituent, tell a little about yourself, then get to the point of the communication.
CONTACT INFORMATION Gov. Greg Abbott
The Honorable Greg Abbott Office of the Governor PO Box 12428, Austin, TX 78711-2428 Information and Referral Hotline: 800-843-5789 Web-based email form: www.gov.texas.gov/contact
Lt. Gov. Dan Patrick
The Honorable Dan Patrick Office of the Lieutenant Governor PO Box 12068, Austin, TX 78711-2068 Phone: 512-463-0001 Web-based email form: www.ltgov.state.tx.us/contact/
All state senators
The Honorable (Full Name) Texas Senate PO Box 12068, Austin, TX 78711-2068 Web-based email form at senate.texas.gov (can be found on each senator’s page)
All state representatives
The Honorable (Full Name) Texas House of Representatives PO Box 2910, Austin, TX 78768-2910 Web-based email form at house.texas.gov (can be found on each representative’s page) Map out the issues you’d like to cover and do your homework. Legislators expect you to be an expert on classroom issues, not state law, but having some familiarity with the basics is a must. Always be professional; try to relate all issues, including those concerning teacher pay and benefits, back to your students; and be concise. If you’ve scheduled a face-to-face visit, follow up with a thank-you note. TCTA avoids providing form letters for our members — research and experience tell us that policymakers routinely ignore such communications. Individual communications relating personal experiences are the best way to get a point across. TCTA provides the background information you need to get started, and we’re happy to answer any specific questions you may have before you make those legislative contacts. 2023-24 TCTA Survival Guide
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YOUR VOICE Site-based decision-making committees more important than ever Site-based decision-making committees — at both the district and campus level — were designed to ensure that teachers, parents and community members have an active voice in local education matters. Teacher representatives on the committees are to be elected by the teachers of the district/campus. The committees may develop an appraisal process and performance criteria for district teachers, and must be consulted if the district adopts a local process and criteria for appraisal instead of using the process recommended by the commissioner of education. Most importantly, the district committee must approve any District of Innovation plan. Since a DOI plan can eliminate basic rights, it is critical that the district committee’s composition complies with the law. (See page 34.) A district seeking a waiver from rule or law must submit to the commissioner an application and written comments from either the campus- or district-level committee. The superintendent must regularly consult with the district-level committee, and the principal must regularly consult with the campus-level committee.
District-level committees
The Texas Legislature has provided specific procedures for the selection and composition of the district-level committee. At least two-thirds of the elected professional staff representatives must be classroom teachers. If practicable, the committee also shall include at least one professional
staff representative primarily responsible for educating students with disabilities. The professional staff representatives on the committee must be nominated and elected by the professional staff of the district. Board policy also must provide procedures for the selection of parents to the committee, as well as community members and business representatives, in a manner that provides for appropriate representation of the community’s diversity. Members should review district policies for specific committee requirements. District-level committees also assist the superintendent in developing, reviewing and annually revising the district’s improvement plan. The plan must include provisions for a comprehensive needs assessment addressing student performance, measurable district performance objectives and strategies for improving student performance.
Campus-level committees
Campus-level committees assist the principal in developing, reviewing and revising the campus improvement plan. The committee is to be involved in decisions in the areas of planning, budgeting, curriculum, staffing patterns, staff development and school organization. Staff development must be primarily campus-based and developed and approved by the campuslevel committee. Districtwide staff development may be used only if it is developed and approved through the district-level site-based decision-making process.
RESOURCES FOR TEXAS EDUCATORS Texas Classroom Teachers Association PO Box 1489, Austin, TX 78767-1489 888-879-8282 | 512-469-9527 (fax) www.tcta.org U.S. Department of Education 800-USA-LEARN | www.ed.gov Every Student Succeeds Act www.ed.gov/essa Texas Legislature Online www.capitol.texas.gov Texas Education Agency 1701 N. Congress Ave., Austin, TX 78701 512-463-9734 | 512-463-9838 (fax) www.tea.texas.gov Regional Education Service Centers www.tea.texas.gov/regional_services/esc
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TEA Special Education Information Line 800-252-9668 TEA Texas Gateway www.texasgateway.org Texas Education Code www.statutes.legis.state.tx.us/?link=ED Texas Administrative Code/SBOE and Commissioner of Education Rules www.tea.texas.gov/About_TEA/Laws_ and_Rules/ Texas School Safety Center www.txssc.txstate.edu State Board of Education 1701 N. Congress Ave., Austin, TX 78701 512-463-9007 www.tea.texas.gov/sboe/
State Board for Educator Certification 1701 N. Congress Ave., 5th Floor Austin, TX 78701 512-936-8400 www.tea.texas.gov Teacher Retirement System 1000 Red River St., Austin, TX 78701 800-223-8778 or 512-542-6400 www.trs.texas.gov Social Security Administration 800-772-1213 www.ssa.gov Texas Department of Family and Protective Services 800-252-5400 (24-hour hotline) www.dfps.state.tx.us www.txabusehotline.org
YOUR JOB Find your footing with these tips for new teachers Here are some things to keep in mind as you begin your teaching career, whether you are a student teacher or in your first paid teaching assignment.
Interaction with colleagues
Find a mentor. Regardless of whether your school district assigns you a mentor as part of a formal mentoring program, it’s useful to have someone who has the benefit of experience and can provide guidance. There’s more to successfully navigating a new position than just knowing where the coffee is — find a veteran colleague who is well-regarded by peers and make a new friend. An experienced educator may serve not only as a tremendous resource for materials and ideas, but also as part of a muchneeded support network. Be sure to appreciate the guidance you get from experienced educators. Recognize your probationary status. Understand that the first couple of years of teaching are the legal equivalent of a “test drive.” Under the statutes governing teacher contracts, you are a probationary employee (see page 9). As such, you will likely be scrutinized more carefully than a veteran employee. It’s easier legally for your district to make a change to your employment while you are on probationary status and, as the term implies, they’re trying you out. Your contract can be nonrenewed at the end of the school year for any reason (or no reason) while on probationary status, as long as you are not the victim of illegal discrimination under federal law for reasons such as race, sex, national origin, or religion. This means that even if you think you’re doing a good job, if your principal doesn’t like you or you aren’t regarded as working well with others, you may find yourself seeking employment elsewhere. As a result, we suggest: •
Avoid antagonizing your principal, if possible. This may not be the time to complain loudly in a faculty meeting. The person with the most influence on the decision of whether your employment is continued is your campus principal, so be mindful of the balance of power.
•
Make a concerted effort to work well with all of your colleagues, from your fellow teachers to the classroom aides to the principal’s secretary. A successful career in a district begins with what is perceived as a “good fit” between you and the rest of the faculty.
Diligence on the job
Deal with parental complaints professionally and promptly. Many parents are wary of new teachers, knowing that your experience is limited. If you fail to address any concerns they raise, their next stop is likely to be the principal’s office. “Too many parental complaints” is a reason often cited when probationary teachers are not invited to return to their employing districts. A wise practice to establish good
relationships with parents is to call early in the year for positive reasons, rather than waiting until you have a problem with a student to make contact. Positive contacts can go a long way in improving the parents’ opinion of the school and, more importantly, of you if a problem with their child arises later. Pay attention to any red flags regarding your performance. Even if the concerns are not documented in writing, if your principal or another supervisor comments critically on your performance in any regard — whether it’s cutting it close on your arrival time each morning or maintaining discipline in the classroom — take heed and make appropriate adjustments. Seek out and obtain training to enhance your skills. TCTA provides members with free online professional development, which can help you meet the requirements for certificate renewal. If any problems with your performance are noted, your supervisors will likely be pleased if you immediately seek out training to help you improve.
Issues of professionalism
Remember your role. Though you may look young and may not be much older than some of your students, remember that you are their teacher, not their peer. To behave otherwise is a significant mistake that could result in loss of your current position or even your certificate. Specifically: •
Never entertain students at your home.
•
Avoid the temptation to share inside jokes, flirt or make any risqué remarks. It will come back to haunt you and ultimately undermine your authority in the classroom.
•
Dress modestly and professionally. Crushes are rampant.
•
Don’t fraternize with students outside of school-sponsored activities. You can be supportive of your students without being buddies.
•
Never sanction the consumption of alcohol or drugs by students, either explicitly or implicitly. Continued 2023-24 TCTA Survival Guide
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YOUR JOB •
Avoid any sort of off-color or profane remark; remember that your students are not adults and what may be amusing at the moment won’t look good in a transcript.
•
Don’t be alone with a student in your classroom unless the door is open and make sure the two of you are clearly visible to passersby in the hall. This helps avoid the hint of impropriety and can protect you from frivolous accusations.
Also see “Professional boundaries with students” on page 20. Do your internet surfing at home. Many teachers are surprised to learn that their online activities on school computers are not private. Any use of school equipment should be directly related to your employment. Remember that the web is a very public forum. Though you don’t check your constitutional rights at the schoolhouse door, most teacher contracts contain language that can mean your personal life may have some bearing on your continued employability, especially if your conduct can be considered to diminish your classroom credibility.
MENTOR ALLOTMENT FUNDING Legislation passed in 2019 provided funding for school districts implementing a mentoring program with scheduled release time or a reduced teaching load for mentor teachers and their assigned new teachers, mentor stipends and mentoring training. In participating districts, a mentor must be assigned to a teacher with less than two years of experience no later than the 30th day of the new teacher’s employment. To the extent practicable, mentors must be matched with new teachers in the same subject, grade level and school. The new teacher must be assigned a mentor for at least two years, and the mentor must meet with the new teacher a minimum of 12 hours each semester. Mentoring sessions must address orientation to the context; policies and practices of the district; data-driven instructional practices; specific instructional coaching cycles, including coaching regarding conferences between parents and the classroom teacher; professional development; and professional expectations.
Many students delight in learning details about their teachers’ lives beyond the classroom, and the discovery of anything you wouldn’t want your school board to see can pose problems. Keep that in mind as you post updates on Facebook, Instagram or other online platforms that might reveal too much information to an unintended audience.
District mentoring programs must designate a specific time during the regular school day for meetings between mentor and beginning teachers, and cannot require meetings during the teachers’ preparation and planning periods.
Be prepared for anything. It’s tough duty to be the center of attention all day every day, and expecting the unexpected helps. Your days will be much easier if you have a headache remedy, nail clippers and safety pins in your desk drawer (but remember, never provide aspirin or other medication to a student without official approval).
Take advantage of the training opportunities offered by TCTA. Both our website, with its free online training, and our meetings at the local and state levels offer you the opportunity for professional growth. Log in at members.tcta.org to earn CPE, and connect with local CTA leaders to get involved with local and state events. You can also learn more about topics and ask questions during Tuesdays with TCTA webinars (tcta.org/twt).
Use your planning and preparation period wisely. Not only does this opportunity potentially ease the burden you will shoulder in grading papers, preparing lesson plans, etc., it also offers you a chance to decompress a bit before resuming your role as teacher. Avoid the temptation to participate in gripe sessions in the lounge if they occur at your school; not only are your remarks likely to be repeated to others, but it can be demoralizing for you to listen to complainers.
Professional resources
Know that everybody starts off as a novice. Experience counts, but so does the enthusiasm you bring to your new profession. As you build on your student teaching success, keep in mind that each school district, campus and student will present unique challenges, as will being the “teacher of record” and the added professional responsibility that post entails. If you have trouble, seek out the help you need without hesitation. Go to your mentor. If you are having trouble with issues that your teacher training may not have fully prepared you to address (student discipline comes immediately to mind), a talented veteran can give you amazingly helpful guidance.
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If you think an employment-related legal problem may be developing, call TCTA’s Legal Department at 888-879-8282 immediately. Our legal staff is experienced in helping you address concerns identified by your supervisors, suggesting ways you can enhance your position, and helping you remain employable if your first position is not a good fit. Make sure TCTA has your personal email address. We will send you the latest information about issues that may affect your future as an educator, especially during legislative sessions, through eUpdate (our emailed newsletter). Giving us a personal email address ensures we can reach you year-round. Check the TCTA website regularly. You’ll find helpful information on issues ranging from student discipline to duty-free lunch that can answer questions and better equip you in the classroom. Also follow us on social media. Refer to this Survival Guide as needed. While this publication does not substitute for the advice of an attorney, it does provide information on education-related topics that is essential for Texas teaching professionals. Keep it handy — you will find yourself reaching for it throughout the year.
YOUR JOB Teacher contracts
The Texas Education Code provides for three basic types of teacher contracts: probationary, continuing and term. Teacher contracts are governed by Chapter 21 of the Texas Education Code. The definition of “teacher” for purposes of Chapter 21 is a principal, supervisor, classroom teacher, counselor or other full-time professional employee who is required to hold a certificate issued by the State Board for Educator Certification (as well as educational diagnosticians and nurses). Teachers must know which type of contract they have before they can determine their statutory rights. The box at right provides a comparison of Texas’ three contract types. These statutory provisions do not apply to charter schools and may be modified by school districts with a District of Innovation plan.
Important provisions
Resignation — A teacher wishing to resign must do so prior to 45 days before the first instructional day of the school year or obtain permission from the district. Failure to comply could be considered contract abandonment and result in certification sanctions. Recent changes give SBEC flexibility when issuing sanctions for contract abandonment for employees who resign 30-44 days before the first day of instruction. (Read more at tcta.org/legal-updates/ good-cause-to-resign.) Return to probationary contract — A teacher may be returned to probationary status in lieu of discharge only if the teacher agrees. A certified employee also may be placed on a probationary contract if the employee accepts an assignment in a new position that requires a different class of certification, such as administrator, counselor or librarian. Void contract — A contract is void and can be terminated without a hearing if the teacher does not hold a valid certificate or permit, or fails to fulfill the requirements for renewal or extension of a certificate or permit, including failure to comply with a criminal background check or conviction of certain felonies where the victim is younger than 18. Pursuant to legislation initiated by TCTA, a certificate does not lapse if there is a delay in processing by SBEC. A district may not terminate a teacher’s contract that is void if no later than the 10th day after it is void, the teacher takes necessary measures to renew, extend or validate the permit with SBEC (see pages 13-16). A contract also may be voided if a district becomes aware that the teacher is convicted of any felony other than one that is grounds for automatic certificate revocation.
UNDERSTANDING CONTRACTS
PROBATIONARY CONTRACT
Definition: A probationary contract is for one year only; it may be renewed for two additional one-year periods. (A local school board may authorize a fourth probationary year.) Teachers transferring to a new district who have been employed in public schools for at least five of the previous eight years are probationary for only one year, although the district has the option to offer a nonprobationary contract. A teacher who returns to a district after a two-year lapse in employment receives a probationary contract. Discharge during term (year) or suspension without pay: The action must be taken for good cause as determined by the school district. Good cause is defined as failure to meet the accepted standards of conduct for the profession as generally recognized and applied in similarly situated districts. The teacher has a right to request a hearing before an independent hearing officer, unless the district has declared a financial exigency, in which case the procedures applicable to an endof-term discharge for a term contract can be used by the district. The request for a hearing must be received by the commissioner of education within 15 days. Discharge — end of term (year): The discharge must be in the best interest of the district, as determined by the board; it is not appealable. A teacher must receive district notice of the discharge at least 10 days before the last day of instruction. State law does not entitle a probationary teacher whose contract is not being renewed to a hearing before the local board.
CONTINUING CONTRACT
Definition: This contract has an indefinite duration. The contractual rights last until the teacher resigns, retires or is discharged for good cause. There is no need for annual nomination or reappointment. Discharge during term (year) or suspension without pay: The action must be taken for good cause as determined by the school district. Good cause is defined as failure to meet the accepted standards of conduct for the profession as generally recognized and applied in similarly situated districts. The teacher has a right to request a hearing before an independent hearing officer. The local school board must be given notice of appeal within 10 days and the commissioner of education must be notified within 15 days. Discharge — end of term (year): The action must be for good cause. The same standards and rights apply as outlined for discharges during the year. Releases may be allowed for necessary reduction of personnel, with those reductions primarily based on teacher appraisals. If the district has declared a financial exigency, the procedures applicable to an end-of-term discharge for a term contract can be used by the district.
TERM CONTRACT
Definition: A term contract may not exceed five school years; it is usually for one or two years. In term-contract districts, teacher contracts are regularly considered for renewal by the local school board. Discharge during term (year) or suspension without pay: The action must be taken for good cause as determined by the school district, or as a result of a financial exigency that requires a reduction in personnel. The teacher has a right to request a hearing before an independent hearing officer, unless the district has declared a financial exigency, in which case the procedures applicable to an endof-term discharge can be used by the district. The request for a hearing must be received by the commissioner of education within 15 days. Discharge — end of term (year): The discharge must be for reasons contained in the district policy. Teachers must receive district notice of renewal or nonrenewal at least 10 days before the last day of instruction. A teacher’s appraisal must be considered if it is relevant to the discharge. The teacher is entitled to a school board hearing, except that school districts with more than 5,000 students may use an attorney who does not represent districts or school employees to hold the hearing. The decision can be appealed only if it is arbitrary, capricious, unlawful or not supported by substantial evidence. The teacher has 15 days to request a hearing. 2023-24 TCTA Survival Guide
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YOUR JOB Salaries The Texas Education Code establishes a state minimum salary schedule that must be implemented by Texas public school districts for specific public education professionals: Texas classroom teachers, full-time librarians, full-time counselors and full-time school nurses (RNs only). There is no state minimum salary for any other position. Provisions regarding the state minimum salary schedule do not apply to charter schools and may be modified by school districts with a District of Innovation plan.
State minimum salary schedule
Thanks to a TCTA-drafted provision in state law, the minimum salary is tied to increases in the basic allotment, which serves as the foundation of school funding. Districts that pay above the state minimum salary are not required to pass through step increases as long as each covered employee is paid at least the state minimum for each step for each 10 months of employment. Salaries may even be reduced subject to the restrictions below, so it is important to be aware of any local polices relating to compensation.
Compensation increases
In 2019, HB 3 required districts (including charter schools and DOIs) to increase compensation for non-administrative employees using at least 30% of any new, additional funding. This provision is ongoing, with the intent that increased state funding in future years will result in higher salaries.
Salary reductions
Several decisions of the commissioner of education provide that any salary reduction must be adopted no later than the date that an employee can resign from a district without penalty (45 calendar days prior to the first day of instruction). A district that intends to reduce the salary of an individual teacher or other educator subject to the minimum salary schedule must notify the employee by the same deadline. School districts enacting a widespread reduction in salaries for classroom teachers due to financial conditions also must reduce the salaries of administrators and other professional employees by a commensurate percentage.
INCENTIVE PAY
House Bill 3, passed in 2019, provided a teacher incentive allotment for school districts and open-enrollment charter schools to use with optional locally developed systems that designate a teacher as a master, exemplary or recognized teacher. The designation, which can last up to five years, must be based on single or multi-year appraisals that comply with T-TESS or a locally developed appraisal process and performance criteria developed by the district- and campus-level committees established under law and adopted by the board of trustees, as well as the performance of a teacher’s students. The commissioner of education established performance and validity standards for these designation systems, and local designation systems must be approved by the Texas Education Agency to receive a teacher incentive allotment for each designated classroom teacher. Regardless of whether a district has an approved local teacher designation system, a teacher holding a National Board Certification is automatically
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STATE MINIMUM SALARY SCHEDULE FOR 2023-24 Years Experience* 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 and over
Minimum Salary $33,660 $34,390 $35,100 $35,830 $37,350 $38,880 $40,410 $41,830 $43,170 $44,440 $45,630 $46,770 $47,850 $48,850 $49,810 $50,710 $51,570 $52,370 $53,140 $53,860 $54,540
*Total years of creditable experience as of Sept. 1.
designated as recognized. The commissioner’s performance standards may not require a district to use a state assessment instrument to evaluate teacher performance. Districts and open-enrollment charters with approved teacher designation systems, which the commissioner has ensured meet statutory requirements and prioritize high-needs campuses, are eligible to receive an allotment for each designated teacher. The allotments in each category below are generated by multipliers based on the district’s high-need or rural status, or both: •
Master teacher: $12,000 to $32,000
•
Exemplary teacher: $6,000 to $18,000
•
Recognized teacher: $3,000 to $9,000
A district must annually certify that at least 90% of the allotment was used for compensation of teachers employed at the designated teacher’s campus. If a designated teacher moves to another district, the allotment follows the teacher, regardless of whether the new district has an approved system.
Paraprofessional wages/rights under FLSA The Fair Labor Standards Act (FLSA) came about in 1938 as a result of the Great Depression. It was part of the New Deal championed by President Franklin D. Roosevelt. It is a federal law that sets minimum wages and currently requires overtime for hours worked in excess of 40 hours in a week.
Overtime
Most paraprofessionals in Texas schools are covered by the overtime and minimum wage requirements of the FLSA; most teachers are not.
•
Workweek: The employer can begin the workweek on any day of the week and at any hour of the day, but it must be a period of 168 hours during seven consecutive 24-hour periods. Most workweeks are the same as calendar weeks, running from Sunday through Saturday, but a workweek could start on Tuesday and run through Monday, for example. To determine if someone has worked in excess of 40 hours, each workweek must be reviewed independently.
•
Hours worked: Generally, employees who are “engaged to wait,” meaning they are told to be available to do something, can count the “waiting” time as work hours. If an employee is completely relieved of all duties until a certain definite time, and can use the time as the employee sees fit, the “waiting” time does not count as work hours. Once an employee starts the workday, all time spent traveling must be counted as hours worked; however, traveling between home and the workplace does not count.
Generally, the FLSA requires that employees who work more than 40 hours in a one-week period be paid at a rate of 1.5 times their normal hourly rate for hours worked in excess of 40. Some factors to consider:
Overtime and minimum wage eligibility
If you are paid hourly and not categorized as an executive, administrator or professional (teacher, counselor, etc.), you are probably entitled to receive overtime pay. Covered employees include secretaries, education aides, hall and lunchroom monitors, custodial workers, bus drivers, cafeteria workers, security personnel and warehouse workers. A teacher who spends more than 50% of working hours within one week in a support role (e.g., driving a bus) may be able to claim overtime. Both salaried and hourly workers may be entitled to overtime pay. Those in the executive, administrative or professional category who are paid hourly may receive overtime pay. Employees such as education aides or others in the covered employee categories are likely entitled to overtime pay even if they are salaried.
Current minimum wage
The federal minimum wage has been $7.25 an hour since 2009. Texas has the same minimum wage of $7.25 an hour.
President Joe Biden has issued a proposed rule that would increase the salary threshold for overtime eligibility. Currently, if a person makes less than $35,568, they are entitled to overtime pay. Under the proposed rule, the salary threshold Continued 2023-24 TCTA Survival Guide
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YOUR JOB would increase to $55,068. The proposed rule was issued Sept. 8, 2023, with comments accepted through Nov. 7. Even if the proposed rule is implemented this fall, there is a strong possibility of litigation challenging it. TCTA will provide updates in eUpdate and online.
Volunteer work
A covered employee can volunteer to work without pay if (1) the employee performs services different from those the employee usually performs; (2) the employee offers to perform the services freely and without coercion; and (3) the services support a civic, charitable or humanitarian purpose. The district must compensate the employee if the work does not satisfy all these criteria. A finance clerk cannot “volunteer” to take money and keep the books for a fundraising event, and an administrator cannot imply that “team players” volunteer; i.e., “no volunteer work, no job,” to encourage people to volunteer.
Compensatory time
A school district can require an employee to take compensatory time in lieu of overtime pay if the employee agrees to that arrangement in writing before performance of the work. If the employee has not signed an agreement to accept compensatory time, the employee can object to a request to do so and insist on receiving overtime pay. An employer must honor an employee’s request to use compensatory time within a reasonable time after the request unless the use of compensatory time would “unduly disrupt” the employer’s business. The proper calculation of compensatory time is 1.5 times the hours worked in excess of 40. Upon termination of employment, any unused compensatory time accrued by an employee must be paid to the employee.
Rest and meal breaks
The FLSA does not require an employer to provide rest breaks or meal breaks to employees. If a rest break is 20 minutes or longer and the employee is completely relieved of duties, it is not counted as time worked even if the employee is required to remain on school premises. The employee must then make up the time during that week in order to work a full 40 hours. The only time meal periods do not count as hours worked is if they are at least 30 minutes long, the employee is completely relieved of all duties, and the employee is not required to remain at the duty post.
Nursing mother breaks
State law provides that public employers must provide a reasonable break time each time the employee has need to express the milk and must provide a place, other than a multiple user bathroom, that is shielded from view and free from intrusion where the employee can express breast milk. The law also prohibits discrimination against an employee who has asserted these rights. The federal PUMP Act, passed in 2023, extends federal
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protection for nursing mothers that had previously been applicable only to employees subject to the overtime and wage provisions of the Fair Labor Standards Act, thus extending these protections to FLSA exempt employees such as teachers. The federal law provides protections similar to the state law but adds federal enforcement to these protections. The federal requirement does not apply to an employer with fewer than 50 employees if the employer would experience “undue hardship” as a result of providing such breaks.
Reporting FLSA violations TCTA members with questions about the Fair Labor Standards Act may call TCTA staff attorneys at 888-879-8282. The U.S. Department of Labor Wage and Hour Division is charged with enforcing the FLSA and may be reached at 866-4USWAGE (866-487-9243). The department maintains a website at www.dol.gov/whd.
YOUR JOB Educator certification/continuing professional education The State Board for Educator Certification was created in 1995 by the Texas Legislature to regulate and oversee certification, continuing education and standards of conduct of public school educators. The SBEC comprises 15 members, 11 of whom are voting members appointed by the governor; of the four nonvoting members, one represents the Texas Education Agency, one represents the Texas Higher Education Coordinating Board, one is a college of education dean, and one is a person who has experience with an alternative certification program not affiliated with an institution of higher education. Among the 11 voting members are four public members and seven practitioners: four teachers, two administrators and one counselor.
indicating that they are obtaining certification by examination and will not have to receive a bar code for the exam from an educator preparation program.
Districts of Innovation
Certification exam retakes
Most Districts of Innovation have exempted themselves from teacher certification requirements, so many of the following requirements will not apply unless provided in the terms of the innovation plan or local policies.
TExES ADMINISTRATION
Most TExES tests are administered via computer at specially equipped test centers, most on a continuous basis. For more information on test dates and registration, visit the Pearson website at www.tx.nesinc.com, or click on the Texas Educators link on TEA’s website at www.tea.texas.gov.
Retakes of certification exams are limited to four times per exam unless SBEC waives the limitation for good cause. The retake limitation does not apply to candidates seeking a standard Trade and Industrial Workforce Training certificate.
Certificate renewal periods/CPE requirements Applicants for good-cause waivers must pay a $160 fee and Teacher certificates issued after Aug. 31, 1999, are subject to a five-year renewal period, with a 150-hour continuing professional education requirement that must be met through an SBEC-approved provider. (TCTA offers more than 60 hours of free CPE videos for members at tcta.org/seminars.)
Counselor, librarian, educational diagnostician and master teacher certificates issued after Aug. 31, 1999, have a 200-hour CPE requirement for every renewal cycle. Educators who add another class of certificate during a renewal cycle can prorate the additional CPE hours required by the new certificate for the remainder of the renewal cycle. Certificates issued before Sept. 1, 1999, are exempt from these rules. Educators adding new certificate areas should be aware that while their current certificates retain the “lifetime” designation, any certificates added after Aug. 31, 1999, are renewable and subject to the continuing education requirements. Education aides are required to be certified but are not subject to the continuing education requirements. Note: Non-certified personnel are exempt from CPE requirements and are not subject to certificate sanctions.
Certification by exam
TCTA-initiated legislation allows certified teachers to become certified in another area or level simply by passing the applicable certification exam, without having to complete an educator preparation program or obtain additional college credit hours. Certification by exam is not available for teachers of students with visual impairments; for the EC-3 certificate; or for certificates other than the classroom teacher category of certificate (e.g., school counselor, learning resources/school librarian, educational diagnostician). Teachers adding certificates via exam can register with the testing company for the applicable certification exam by
demonstrate successful completion of a specified number of educational activities hours directly related to the relevant certification exam competencies that the candidate failed to pass in the certification exam. The number of required educational activities hours increases the further away a candidate’s score is from meeting the passing standard.
Candidates are required to wait progressively longer periods of time before applying for a good-cause waiver with each successive unsuccessful exam attempt, up to the limit of five attempts. Good-cause determinations are administratively handled with appeals available to SBEC. Waiver applications are available on the TEA website at https://tea.texas.gov/Texas_ Educators/Certification/Educator_Testing/.
Science of teaching reading certification exam
Candidates issued certification to teach prekindergarten through grade six after Jan. 1, 2021, must demonstrate proficiency on the science of teaching reading certification exam.
Disciplinary alternative education program teachers
DAEP teachers are required to be fully certified.
Applied STEM teachers
Persons seeking certification to teach applied STEM courses must pass the certification test administered by the recognized group that created the curriculum on which the STEM course is based.
Out-of-field assignments
SBEC rules require that a certified teacher assigned out of field must consent to the activation of an emergency permit and be advised of the conditions of the emergency permit. A teacher who refuses may not be terminated or nonrenewed Continued 2023-24 TCTA Survival Guide
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YOUR JOB or otherwise retaliated against because of the teacher’s refusal to consent to the activation of the emergency permit. However, a teacher’s refusal does not impair a school district’s right to implement a necessary reduction in force or other personnel actions in accordance with local school district policy.
Maximum length of service without standard certification Without obtaining initial, standard certification, an individual may not serve for more than three school years in the same assignment while holding an intern, probationary, emergency or one-year certificate.
Out-of-state/out-of-country certification
An out-of-state certified educator has at least one full year from final SBEC review of their credentials to complete all Texas certification requirements as long as all required documents have been submitted. The requirements include satisfactory performance on the applicable Texas certification exam(s), or an exam similar to and at least as rigorous as the applicable Texas certification exam administered by the home state/country.
(B) complete a state-approved educator preparation program, including student teaching or a teaching practicum, in the state where the standard certificate was issued;
State law allows the commissioner to adopt rules establishing exceptions to these certification exam requirements for out-ofstate/out-of-country certified educators. The commissioner’s rules require that applicants requesting an exemption from most Texas educator certification exam requirements meet the following requirements:
(C) pass the examinations required by the state department of education or country of licensure for issuance of the standard certificate or have three or more years of verifiable, full-time experience in the certificate class for which the applicant is applying;
A) obtain a bachelor’s degree from an institution of higher education that, at the time it conferred the degree, was accredited or otherwise approved by an accrediting organization recognized by the Texas Higher Education Coordinating Board;
(D) hold a standard certificate issued by the state department of education or country of licensure that is equivalent to a Texas standard classroom or professional class certificate
PARENT NOTICE OF NON-CERTIFIED/INAPPROPRIATELY CERTIFIED TEACHERS State law requires that a school district that assigns an inappropriately certified or uncertified teacher to the same classroom for more than 30 consecutive instructional days provide written notice of the assignment to the parent/ guardian of each student in that classroom. The statute defines “inappropriately certified or uncertified teacher” as an individual serving on an emergency permit or one who does not hold any certificate or permit. It does not include someone serving on a school district teaching permit or for whom a waiver of certification has been granted by the commissioner, or to non-certified people hired by DOIs that claim exemption from certification requirements. The statute also exempts certified teachers who are teaching a class/classes outside their area of certification from the parent notice requirement. Additionally, the federal Every Student Succeeds Act requires that school districts provide timely notice to a student’s parents if a student has been assigned, or has been taught for four or more consecutive weeks by, a teacher who does not meet
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applicable state certification or licensure requirements for the grade level and subject area in which the teacher has been assigned. Under state law, school districts that provide the notice required by ESSA are not required to provide the notice required by state law. ESSA also requires that, upon request, parents of students receive timely information about whether the child is provided services by paraprofessionals and, if so, their qualifications, and whether their child’s teacher: •
has met state qualification and licensing criteria for the grade levels and subject areas in which the teacher provides instruction;
•
is teaching under emergency or other provisional status through which state qualification or licensing criteria have been waived; and
•
is teaching in the field of discipline of the certification of the teacher.
and that has not been revoked, suspended, or sanctioned for misconduct and is not pending disciplinary or adverse action;
superintendent or designee of the local school district requests the extension.
(E) for an applicant for standard teacher certification, have at least one academic year of verifiable, full time experience in the certification class for which the applicant is seeking certification; and
Criminal background checks/fingerprinting
(F) for an applicant for professional class certification, at least two academic years of verifiable, full-time experience in the certification class for which the applicant is seeking certification. Note: Additional requirements apply for those seeking exemption from the science of teaching reading exam.
Failure to obtain/maintain certification/permit
Failure to obtain or maintain certification or a permit renders an employee’s contract void, unless the employee timely fulfills renewal requirements but suffers a bureaucratic delay causing the certificate/permit to lapse. Districts may terminate an employee’s contract that is void, unless the employee requests and takes necessary steps to receive an extension from SBEC to renew the certificate/permit within 10 days after the contract becomes void. For more information about contracts, see page 9.
Extension of certification renewal deadlines
Certification renewal deadlines can be extended in hardship situations involving catastrophic illness or injury of an educator or immediate family member. Military service members receive two additional years to complete all renewal requirements. Additionally, a local school district may apply for a hardship exemption on behalf of an educator who has an invalid certificate due to lack of earning the required continuing professional education (CPE) hours. The hardship exemption is valid for the academic year of the application and may be renewed up to one additional academic year, provided that the
All applicants for certification who have not previously held a certificate issued by SBEC are required to undergo fingerprinting and a national criminal history background check prior to becoming certified. Additionally, any individual enrolled/planning to enroll in an educator preparation program for teacher certification or planning to take a certification exam, who has reason to believe that they may be ineligible for certification due to a conviction or deferred adjudication for a felony or misdemeanor offense, can ask TEA to issue a criminal history evaluation letter regarding the person’s eligibility for a teaching certificate. The fee for such a request is $50. For more information on fingerprinting and the national criminal history background check, see page 30.
Virtual certificates online
Anyone holding a valid Texas public school educator certificate can view his/her certificate through the secure Certificate Lookup at https://goo.gl/5bnmXQ. The virtual certificate is the official record of an educator’s certification status, eliminating the need for school districts and individuals to keep paper copies on file. The virtual certificate satisfies the requirement of the Texas Education Code to present a certificate prior to employment with a school district. Virtual certificates are posted immediately upon approval, and a printable version is available.
More information
If you have certification questions, call TEA’s credentialing division at 512-936-8400. More information on certification and how to become a teacher is available via the Texas Educators link on the TEA website, www.tea.texas.gov. 2023-24 TCTA Survival Guide
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YOUR JOB ACCEPTABLE CPE ACTIVITIES FOR CERTIFICATE RENEWAL If you have a standard renewable certificate or you have voluntarily opted into the certificate renewal system, you must obtain CPE from an SBEC-approved provider to renew your certificate. Existing school district-provided in-service should count toward the CPE requirement, as may other activities such as college coursework, professional seminars, mentoring and self-directed study. TCTA is an SBEC-approved provider. Members can earn CPE hours through TCTA’s free online seminars at tcta.org/seminars. One semester credit hour earned at an accredited institution of higher education is equivalent to 15 CPE clock hours. Continuing education requirements for educators must include training regarding educating students with disabilities. Additionally, other than hours needed to comply with required topics for CPE (see below), CPE activities must be related to the certificate(s) being renewed and focus on the standards required for issuance of the certificate(s), including: 1. content area knowledge and skills; and 2. professional ethics and standards of conduct. Continuing education requirements for a classroom teacher may not require that more than 25% of CPE hours include instruction regarding the following topics, and may include two or more listed topics combined: (A) collecting and analyzing information that will improve effectiveness in the classroom; (B) recognizing early warning indicators that a student may be at risk of dropping out of school; (C) digital learning, digital teaching, and integrating technology into classroom instruction; (D) educating diverse student populations, including: (i) students who are educationally disadvantaged; and (ii) students at risk of dropping out of school; and (E) understanding appropriate
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relationships, boundaries, and communications between educators and students. Training in any of the above topics of instruction in excess of 25% of CPE hours shall be counted toward the teacher’s overall training requirements. For school counselors, at least 25% of CPE hours must include training directly related to each of the following topics: (A) assisting students in developing high school graduation plans; (B) implementing dropout prevention strategies; (C) informing students concerning: (i) college admissions, including college financial aid resources and application procedures; and (ii) career opportunities; (D) counseling students concerning mental health conditions and substance abuse, including through the use of grief-informed and trauma-informed interventions and crisis management and suicide prevention strategies; and (E) effective implementation of the Texas Model for Comprehensive School Counseling Programs under TEC §33.005. An educator may fulfill up to 16 clock hours of required CPE activities by participating in an evidence-based mental health first aid training program or an evidence-based grief-informed and trauma-informed care program that is offered through a classroom instruction format that requires in-person attendance. A person receiving this training will receive
credit for twice the number of hours of instruction provided under that program, not to exceed 16 hours. An educator may receive credit toward CPE requirements for: • suicide prevention training that meets the guidelines for suicide prevention training approved under TEC §21.451; • an instructional course on the use of an automated external defibrillator that meets the guidelines for AED training approved under Texas Health and Safety Code §779.002, in accordance with TEC §21.0541; and • education courses that: (A) use technology to increase the educator’s digital literacy; and (B) assist the educator in the use of digital technology in learning activities that improve teaching, assessment, and instructional practices. State law provides that continuing education requirements for educators teaching students with dyslexia must include training on new research and practices in the area. Completion of a literacy achievement academy meets this requirement. For more information on CPE requirements and a list of SBEC-approved providers, click on the Texas Educators link at www.tea.texas.gov. Some districts also require professional development as a condition of employment. While each district can decide what it will count for local employment purposes, it cannot decide what will count for CPE purposes.
Charter school employees For more information on Texas charter schools, including their state evaluations, visit www.tea.texas.gov/Texas_Schools/ Charter_Schools.
Protections
Although charter school employees are public employees, they are not entitled to all of the same legal protections as employees of Texas public school districts. These include contracts, state leave and class-size limits. However, charter school employees are protected by state immunity laws and limitations on liability, and they are required to participate in the Teacher Retirement System. REMINDER: In Districts of Innovation, depending on the district’s specific plan, teachers may be limited to the same rights and benefits as charter school employees. Recent changes in law specify that open-enrollment charter school employees are considered public employees with regard to the law that prohibits public employees from striking or entering into a collective bargaining agreement. This change also encompasses the statute allowing public employees to file a grievance regarding wages, hours and conditions of work.
Qualifications
State law does not require charter school teachers and principals to be certified, except in the case of teachers assigned to teach in special education or bilingual programs, in which case the appropriate state certification is required by federal law. State law does require open-enrollment charter school teachers and principals to have a baccalaureate degree. Charter schools must perform criminal history checks on prospective employees and volunteers. HB 3, passed in 2019, included a provision subjecting open-enrollment charters to the Whistleblower Act and makes them subject to the do-not-hire registry.
Assessment and accountability
All charter schools are required to administer the state assessments and are part of the state accountability system, though many are part of the alternative accountability system.
Pledge requirement
Charter schools are required to, once during each school day, recite the Pledges of Allegiance to the U.S. and Texas flags. This must be followed by a moment of silence.
Teacher Incentive Allotment
Changes made in the 2021 legislative session clarified that uncertified teachers, including charter school teachers, are eligible to earn designations under the teacher incentive allotment and charters can earn allotment funding for employing teachers with TIA designations.
Charter school basics
The commissioner of education may grant a charter for an open-enrollment charter school to an eligible entity: an
institution of higher education, a private or independent institution of higher education, a 501(c)(3) organization, or a governmental entity. The initial term of a charter is five years. The commissioner has authority over monitoring and revoking charters. Currently, the total number of charters that may be granted in Texas is 305. (There is no limit on the number of charter campuses that can be approved under a granted charter.) Also, an unlimited number of charters can be granted to institutions of higher learning, including junior or community colleges; dropout recovery schools; or detention, correctional or residential facilities established for juvenile offenders. SB 11, passed in 2019, provides that open-enrollment charter schools are subject to the provisions of the omnibus school safety bill.
District-charter partnerships
Under a 2017 law, districts can form a partnership with a charter school to provide services to or operate a campus, including as an alternative to intervention under the state accountability statutes. Campus employees must be consulted regarding provisions to be included in the contract between the district and the charter school. See pages 34-35 for more information. If you have any questions or want more information about these partnerships, please call the TCTA Legal Department. 2023-24 TCTA Survival Guide
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YOUR JOB Texas Teacher Evaluation and Support System (T-TESS) Teachers may be appraised annually, through either a locally developed process approved by the district and campus site-based decision-making committees, or the commissionerrecommended appraisal process —T-TESS.
GSPDP from the previous year and revise it as needed based on changes to the context of the teacher’s assignment during the current school year, and submit it to the appraiser within the first six weeks of instruction.
The commissioner-recommended Texas Teacher Evaluation and Support System has three major components: student growth, goal-setting and professional development, and observation.
All teachers are required to maintain the GSPDP throughout the school year to track progress toward their goals and participation in the professional development activities included in the plan. They also are required to share their GSPDP with their appraiser prior to their end-of-year conference, and the GSPDP is used by the appraiser to determine the teacher’s ratings for the goal-setting and professional development dimensions of the T-TESS rubric. The GSPD/self-assessment informs the scoring of two of the dimensions in Domain 4 of the observation rubric.
Student growth Prompted by a 2017 settlement of lawsuits filed by TCTA and three other statewide teacher groups over teacher appraisal requirements, TEA agreed to eliminate from its teacher appraisal rules the requirement to use certain specified student growth measures in individual teacher appraisals, for both the staterecommended and locally developed appraisal systems. Instead, the rules require that a teacher be appraised based on how the individual teacher’s students progress academically in response to the teacher’s pedagogical practice as measured at the individual teacher level by one or more student growth measures. Under locally adopted teacher appraisal systems, TEA clarified that in addition to considering how the individual teacher’s students progress, the district may also consider how groups of teachers’ students progress. TEA rules require that, if calculating a single overall summative appraisal score for teachers, the performance of teachers’ students must count for at least 20% of a teacher’s summative score. But as a result of the lawsuit settlement, TEA clarified that under a locally adopted teacher appraisal system, there is no required weighting for each measure. If a district provides a single overall summative rating to teachers (which they are not required to do), they can weight each component, including student growth, at a level determined by the district.
Ratings There are five performance levels under T-TESS: distinguished, accomplished, proficient, developing and improvement needed.
Observation Each teacher will be appraised based on four domains (Planning, Instruction, Learning Environment, and Professional Practices and Responsibilities) consisting of a total of 16 dimensions. The evaluation of each of the dimensions will consider all data generated in the appraisal process. The data for the appraisal of each dimension will be gathered from pre-conferences, observations, post-conferences, end-of-year conferences, the GSPDP process, and other documented sources. Teachers are required to receive at least one classroom observation of a minimum of 45 minutes, but by written, mutual consent of the teacher and the certified appraiser, the required minimum may be conducted in shorter time segments. The time segments must aggregate to at least 45 minutes.
As of 2019, TCTA-initiated legislation ensures that, in the commissioner-recommended appraisal process, the teacher cannot be assigned an area of deficiency on their appraisal solely on the basis of disciplinary referrals or documentation regarding student conduct in the commissioner-recommended appraisal process. It does not prohibit a teacher from being assigned an area of deficiency based on documented evidence of a deficiency in classroom management obtained through observation or a substantiated report. It applies the same standard to a locally developed appraisal process.
Frequency of and timelines for observations
Goal-setting & professional development
Annual appraisals are required for most teachers. A teacher may receive a full appraisal less frequently if the teacher agrees in writing and the teacher’s most recent full appraisal resulted in summative ratings of at least proficient on nine of the 16 dimensions, and did not identify any area of deficiency, defined as a rating of “improvement needed” or its equivalent, on any of the 16 dimensions or the performance of teachers’ students. (A full appraisal must still be conducted at least once every five
Teachers new to a district or in their first year of T-TESS must develop their goal-setting and professional development plan (GSPDP), participate in a GSPDP conference with their appraiser, and submit the plan to their appraiser within six weeks of completing the T-TESS orientation. For all other teachers, the rules require that a teacher take the
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Each school district must provide teachers with a calendar for appraisals within three weeks of the first day of instruction. The appraisal period for each teacher must include all of the days of a teacher’s contract. Observations during the appraisal period must be conducted during the required days of instruction for students during one school year, and the appraisal calendar will only exclude observations in the two weeks following the day of completion of the T-TESS orientation in the school years when an orientation is required.
YOUR JOB APPRAISAL CONFIDENTIALITY Teacher appraisal results are confidential. However, legislation passed in 2019 makes it mandatory (instead of discretionary) for a school district or open-enrollment charter school to provide a requesting district, open-enrollment charter or private school at which a teacher or administrator has applied for employment a document evaluating the applicant’s performance, and for districts to give TEA these documents for purposes of a TEA investigation. Additionally, legislation passed in 2019 provides that, for districts opting to implement a new local teacher designation system, in which teachers receive “designations” based on appraisal results (see “incentive pay” on page 10), TEA must collect information necessary to set standards for, evaluate and provide technical assistance for these systems, including information that is otherwise confidential (i.e., appraisal results). However, the law provides that such information remains confidential (i.e., TEA must keep the appraisal results confidential). years under state law, though district policy could stipulate a lesser number of years.) Teachers not receiving an appraisal in a given year must participate in the GSPDP process. A modified end-of-year conference will address their progress on the GSPDP, the performance of their students and the following year’s GSPDP.
Conferences/written summaries After a teacher’s first year of appraisal under T-TESS in the district, a pre-observation conference must be conducted prior to announced observations. A post-observation conference must occur within 10 working days after an observation and must include a written report of the rating of each dimension observed that is presented to the teacher only after a discussion of the areas for reinforcement and areas for refinement. At the post-observation conference, an appraiser can allow for a revision to an area for reinforcement or refinement based on the post-conference discussion with the teacher. Although additional observations and walk-throughs do not require a post-observation conference, they do require a written summary within 10 days if the data gathered during the additional observation or walk-through will impact the teacher’s summative appraisal ratings. Texas Education Code Sec. 21.352 allows districts to “require that appropriate components of the appraisal process, such as classroom observations and walkthroughs, occur more frequently as necessary to ensure that a teacher receives adequate evaluation and guidance. A school district shall give priority to conducting appropriate components more frequently for inexperienced teachers or experienced teachers with identified areas of deficiency.”
End-of-year conference An end-of-year conference between the teacher and appraiser must occur no later than 15 working days before the last day of instruction. A teacher’s written summative annual appraisal report must be provided to the teacher within 10 working days of the conclusion of the end-of-year conference and no later than 15 working days before the last instructional day. The end-of-year conference must include: a review of the appraisal data collected throughout the current school year and previous school years, if available; an examination and discussion of the evidence related to the teacher’s performance on the four dimensions of Domain 4, as well as of evidence related to the performance of teachers’ students, when available; and an identification of potential goals and professional development activities for the teacher for the next school year.
Responding to a negative appraisal A teacher can provide a written response/rebuttal to a written observation summary, written summative annual appraisal report, or any other written documentation associated with their appraisal, as long as the teacher submits the response/rebuttal within 10 working days of receiving the documentation. However, a teacher is prohibited from submitting a written response to a written summative annual appraisal report for the ratings in Domains 1, 2, and 3, if those ratings are based entirely on observation summaries or written documentation already received by the teacher earlier in the appraisal year. Additionally, a teacher can only respond to Domain 4, and the student-growth component, after receiving the written summative annual appraisal report. Teachers who disagree with their appraisal can request a second appraiser, if they do so within 10 working days of receiving a written observation summary or a written summative annual appraisal report. However, a teacher is prohibited from requesting a second appraiser in response to a written summative annual appraisal report for the ratings of dimensions in Domains 1, 2, and 3, if those ratings are based entirely on observation summaries or written documentation already received by the teacher earlier in the appraisal year. Finally, teachers can file a timely grievance per district policy.
Appraiser qualifications An appraiser must be either a campus administrator or “supervisory staff whose job description includes the appraisal of teachers and who is not a classroom teacher,” who has received training and is certified as an appraiser. Classroom teachers can serve as certified appraisers on the same school campus at which they teach if they are the chair of a department or grade level whose job description includes classroom observation responsibilities. For more information on T-TESS, including a look at the observation instrument, go to tcta.org/professional-resources/ teacher-employment/t-tess-system. 2023-24 TCTA Survival Guide
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YOUR JOB Professional boundaries with students Teachers are perceived as role models in the community, and the laws and regulations that mandate appropriate standards of conduct reflect that expectation. Failure to comply with these standards can lead to adverse employment action, certification sanctions and possible prosecution for criminal violations.
Sexual relationships with students
Sexual contact or indecent exposure with a minor is a felony that requires the perpetrator to register as a sex offender. It also is a felony for any school district employee to engage in a sexual relationship with a student, even if that student is of the legal age of consent. This prohibition includes students enrolled in schools where the teacher is not employed. A person who is a member of the Teacher Retirement System and is convicted of certain felonies that involve sexual abuse of a student or minor will be ineligible to receive a service retirement annuity from the retirement system. State law requires that the Texas Education Agency maintain and make available through an internet portal a registry of persons not eligible for employment in a school district, District of Innovation, open-enrollment charter school, or other charter entity, education service center, or shared services arrangement. Private schools are provided access to the registry. In addition, the State Board for Educator Certification (which is
TCTA ONLINE TRAINING ON PROFESSIONAL BOUNDARIES Watch TCTA’s free online continuing professional education video “Texting Your Way Into Trouble: How to Keep Your Relationships With Students Professional,” at tcta.org/seminars to earn 1.25 CPE credit hours. an independent board supported by TEA staff) is empowered to sanction the teaching credentials of a certified educator who is found to have engaged in misconduct. Misconduct that could subject an educator to sanctions includes, but is not limited to, complaints in which there is evidence that the person abused or committed an unlawful act with a student or minor, was involved in a romantic relationship, or solicited or engaged in sexual contact with a student or minor. The State Board for Educator Certification may also sanction certified educators who are convicted of crimes that relate to the education profession or engage in any conduct that indicates that the person is unworthy to instruct or supervise the youth of the state. An educator who is the subject of a report alleging specified
ELECTRONIC MEDIA AND SOCIAL NETWORKING School districts are required by law to adopt a policy regarding electronic communications between employees and students. Most districts’ policies extend standards of conduct to use of electronic media and social networking sites, and the Code of Ethics imposes limitations on such communications. Educators are held to the same standards of conduct in their use of electronic media and social networking as for any other public communication. All communications with students or minors, whether electronic or in person, should be professional and appropriate. Many districts have even adopted policies specifying that teachers may communicate with their own children and their children’s friends using personal social networking sites, but may not do so with current or former students with whom there is no separate social relationship. Some districts have policies that designate only specific individuals who may send text messages to students and place time limitations on when educators may communicate with students. TCTA-initiated legislation says that teachers may decline to disclose their personal email or cellphone number to students.
Continuing education requirements
Information about inappropriate relationships, boundaries and
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communications between educators and students must be included in the content presented in each educator preparation program. Continuing education requirements for certificate renewal specify that instruction regarding understanding of appropriate relationships, boundaries and communications between educators and students is one of the topics that must be covered in no more than 25% of the CPE hours required of a teacher every five years.
Use of personal devices for school business
Teacher communications regarding school business are public information. Public information is not always subject to disclosure to the general public, but still must be maintained because some people may have a right of access (parents generally can access their child’s records, for example.) This means that any use of personal devices such as sending text messages to other school employees, parents or students constitutes public information that must be preserved and backed up in accordance with local policies or forwarded to an appropriate person, such as the district’s public information officer. The fact that public information is on a personal device does not give a supervisor or school district the right to search a device, but any school information must be provided to the custodian of records for the school or district upon request.
misconduct is entitled to a hearing on the merits of the allegations. When a report of alleged misconduct is sent by the superintendent or other authorized personnel to TEA, the agency must promptly send notification to the educator who is the subject of the report informing the educator that they have 10 days to request a hearing and provide a written response. If the educator does not submit a written response to show cause why the agency should not pursue an investigation, the agency will post notice on the educator’s virtual certificate that the person is under investigation for alleged misconduct. If the educator does not request a hearing in a timely fashion, the commissioner shall make a determination as to alleged misconduct based on the report submitted and the investigation conducted by TEA staff. If the commissioner determines that the educator engaged in the described misconduct, their name will be added to the do-not-hire registry and sanctions may be imposed on the educator’s certificate. If the educator requests a hearing and the final decision determines that they did not engage in the alleged misconduct, the agency will immediately remove from the virtual certificate the information indicating the educator is under investigation for alleged misconduct. A school district must complete an investigation into allegations of educator misconduct, even if the educator resigns from the school district. School districts must notify the parent or guardian of a student with whom an educator allegedly engaged in an improper relationship, regardless of whether the educator resigned or was terminated. The federal Every Student Succeeds Act prohibits school employees from aiding a potential school employee in obtaining a new job if there is probable cause to believe that the latter has engaged in sexual misconduct with a minor or student. Applicants for many school district positions must submit a pre-employment affidavit disclosing a charge, adjudication or conviction based on an inappropriate relationship with a minor. If an educator has been found to have engaged in sexual conduct or a romantic relationship with a student or minor, regardless of age or enrollment status in the district, the State Board for Educator Certification will permanently revoke that educator’s teaching certificate.
Solicitation of a romantic relationship
Solicitation of a sexual or romantic relationship with a student also can result in adverse employment action and
certificate sanctions, even if the relationship is not ultimately consummated. The criminal prohibition of online solicitation of a minor includes communications between a school district employee and a student. A person commits this offense if they knowingly solicit a minor to meet with another person with the intent that the minor will engage in sexual contact with the person. Conviction of online solicitation of a minor is a felony. SBEC may sanction the teaching certificate of an educator who has engaged in deliberate or repeated acts that can be reasonably interpreted as soliciting a sexual or romantic relationship. Prohibited acts include, but are not limited to: • Communications tending to show that the educator solicited a romantic relationship with the student; • Making inappropriate comments about a student’s body; • Making sexually demeaning comments to a student; • Making comments about a student’s potential sexual performance; • Requesting details of a student’s sexual history; • Requesting a date; • Engaging in conversations regarding the sexual problems, preferences or fantasies of either party; • Inappropriate hugging, kissing or excessive touching; • Suggesting that a romantic relationship is desired after the student graduates, including post-graduation plans for dating or marriage; and • Providing the student with drugs or alcohol. Educators should take care to avoid situations in which professional boundaries become poorly defined. Inviting students to your home, meeting them for social activities that are not school-sponsored, or developing personal relationships with them can create the perception of inappropriate conduct. Avoid such situations with students in the absence of previously existing and proper social relationships with them.
Suspected child abuse
An educator who has reasonable cause to believe that any student or minor may be a victim of sexual abuse is required to make a report to the Texas Department of Family and Protective Services within 48 hours of becoming aware of the possibility of the abuse. For more information, see page 33. 2023-24 TCTA Survival Guide
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YOUR JOB FAQs: When placed on administrative leave If you are told you will be placed on administrative leave, the following questions may come to mind:
person in case you have questions or otherwise need to contact the district.
My principal says I am being placed on administrative leave with pay. Can they do this? Yes, this is legally permissible. Normally, in these circumstances, the principal acts on the superintendent’s behalf. Most school district policies provide that: “A term (or probationary) contract employee may be suspended with pay or placed on administrative leave by the superintendent during an investigation of alleged misconduct by the employee or at any time the superintendent determines that the district’s best interest will be served by the suspension or administrative leave.”
Note: Strict adherence to all district directives is absolutely necessary to avoid the possibility of any further employment repercussions. Any deviation from the district’s instructions should be authorized in writing by the district’s designated contact person or other proper district personnel.
What should I do? First and foremost, obey the directive, whether oral or in writing, and immediately leave your campus, if told to do so. May I return to my classroom to pick up personal belongings? This is a reasonable request that you should make to your principal. Unless instructed otherwise, remove only necessary personal items from the campus, leaving behind instructional and other work-related items, including student records. Do I need to contact TCTA? YES. You should call the Legal Department at 888-879-8282 as soon as possible to make a TCTA staff attorney aware of the district’s actions and provide additional information. What happens when I call TCTA? Your TCTA attorney will want to become thoroughly familiar with any relevant information leading up to the district’s action. If you are aware of specific allegations, the TCTA attorney may ask you to provide a draft preliminary statement regarding the matter. If you are required to provide a statement prior to contacting TCTA, always retain a copy of the statement. With your permission, your TCTA attorney also may be in contact with the district on your behalf to monitor the progress of the investigation. Make sure that your attorney is aware of any further district contact with you. What happens next? If you did not receive written notice at the time you were placed on administrative leave, your district will usually quickly provide written verification of your employment status. This notice usually states that you have been placed on administrative leave with pay, and it may provide a general statement as to the reason(s) for such action. The letter may further advise you to remain available during your normal working hours. In most cases, your presence on district property will be prohibited, as will be discussion of the investigation and related matters with colleagues, parents, and students. Finally, such notice usually provides the name and telephone number of a district contact
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What if my colleagues ask about the situation? You must firmly inform them that you may not discuss any matters related to the investigation. Doesn’t the district have to tell me exactly what they are investigating, or the specific allegations underlying my suspension? No, not at this initial stage. What about my due process? Due process rights are not applicable at this time based on the minimal employment action taken by the district and because you remain on full salary. While I’m suspended, may I be required to perform certain duties? Yes, you may be required to provide lesson plans, grades, etc., as directed by your supervisor or other administrative personnel. Does my suspension mean the district believes I am guilty of wrongdoing? Not necessarily. The district is taking this action to conduct a timely and proper investigation. Such action is usually in the best interests of all concerned, including you. How long may the district keep me on leave? It depends on the circumstances and how long it takes to fully investigate and review allegations and any related matters. What are the possible outcomes of the investigation and my suspension? Generally speaking, there are three possible outcomes. • You may be notified that you are to return to work with no further district action. • The district may return you to active duty with minimal negative employment action, such as a directive, reprimand, growth plan, or in some situations, a reassignment. Return to duty as directed, but consult further with your TCTA attorney in these circumstances. • If the investigation leads district administrative personnel to believe that you have engaged in serious misconduct, the district may change your status to administrative leave without pay pending further employment action. Immediate contact with your TCTA attorney will be necessary for further advice and appropriate representation.
YOUR JOB FAQs: When called to the principal’s office If you are notified by email, written memo or orally through the campus secretary that the principal wants to meet with you, the following questions may come to mind:
Do I have to go to the meeting? Yes. Your immediate supervisor has provided you with a directive. Your failure to follow this directive could be considered an act of insubordination and result in formal disciplinary action, as well as negatively impact your appraisal. If the meeting time poses a direct conflict with another previously scheduled activity, immediately contact your principal to discuss an alternate meeting time.
Can I be required to meet with my principal during my planning time? Unless the meeting involves conferencing with a student’s parent(s), such a requirement would not be proper. However, unless you have a direct scheduling conflict, you should exercise your best professional discretion in favor of attending the meeting. Your principal should not abuse this professional courtesy. Do I have a right to have an attorney present? In most cases, your right to have legal counsel or another representative present is limited to formal grievance hearings or hearings concerning the proposed nonrenewal or termination of your employment contract. You may request that your administrator allow you to have a friend, colleague or other representative present during the meeting. Granting the request is normally within your supervisor’s discretion. What if my principal schedules a grievance conference at the last minute? You have a legal right to have an attorney or other representative present at the grievance conference. Your principal (or other administrator) is obligated to provide notice of the meeting in a timely manner to allow for your designated representative’s presence. May I record the meeting? Normally, the decision to allow audio recording of a meeting with your principal will be within your principal’s discretion. However, at any meeting or proceeding at which the substance of a grievance is discussed, an employee is allowed to make a recording, thanks to a TCTA-initiated law passed in 2009. It is not illegal for an educator to secretly record discussions to which the educator is a party, though such recordings are rarely useful. However, some school districts have policies prohibiting such practices. More importantly, the commissioner of education has held that secretly recording such conversations is an unprofessional act and may be good cause for termination of employment.
In many cases, the principal will have another party, such as an assistant principal, present to serve as a witness, take notes, etc. Again, you may request the attendance of a colleague for the same purpose. Otherwise, you should make complete notes of the meeting for later reference. Depending on the subject being discussed, any notes created or recordings made by the administration may be available to you upon written request pursuant to the Texas Public Information Act.
Is the meeting confidential? It depends. The Family Educational Rights and Privacy Act (FERPA) will apply in situations involving student records and related student information (see page 36). Confidentiality also will apply in the context of teacher evaluations (see page 19). However, under certain circumstances, be aware that any information you provide may ultimately be shared with other school district personnel and officials, as well as outside parties such as the Texas Education Agency, State Board for Educator Certification, Texas Department of Family and Protective Services, law enforcement agencies and possibly others. If you suspect that a meeting with school personnel will involve potentially serious allegations, call the TCTA Legal Department at 888-879-8282 for consultation prior to the meeting, otherwise as soon as possible after the meeting.
Do I have to answer questions in the meeting? In most cases, you should answer questions and/or provide your side of an issue in a professional manner and tone. Your principal may take action deemed appropriate for the situation if you fail to satisfactorily address their questions. An acceptable alternative may be to advise the principal that you would prefer to respond after consultation with the TCTA Legal Department and/or other legal counsel. You should always make such a request if the meeting includes district or other law enforcement personnel or a DFPS investigator. A school district employee may not be required to speak with or provide a written statement to law enforcement or DFPS personnel. Do I have to sign a write-up, reprimand or document if I disagree with it? Your signature on such a document does not usually constitute agreement, foreclose any remedies you may have regarding the subject matter addressed, or waive any other rights. This type of document usually states that your signature verifies your receipt of the document only, not your agreement to the substance of the document. If not, you may always indicate this restriction in writing above your signature. A TCTA staff attorney can provide assistance in writing a response or rebuttal to such a document, as well as provide further advice and consultation to members who call the Legal Department at 888-879-8282. 2023-24 TCTA Survival Guide
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YOUR JOB FAQs: When dealing with parents I understand I must provide parents with proper information regarding their child, but what about information that concerns other students, e.g., the number of failing grades on a certain test? Although the above-described information could be provided without violating the Family Educational Rights and Privacy Act (FERPA, see page 36), you should direct any request for information potentially involving other students’ records or related information to the proper administrator for approval (and possibly review by district legal counsel). May a parent review my grade book? Based on student privacy rights under FERPA, you should otherwise produce the requested information concerning that parent’s child rather than allow the parent to review your grade book. This practice will prevent the unintentional disclosure of student educational records and personally identifiable information within such records that relates to other students. May a parent file a complaint against me based on disagreeing with a student’s grade? Yes. School districts are required to adopt policies which provide a grievance process for parents. Most school districts have written policies providing for almost any type of parent or student complaint, including disputing a student grade, usually designated as Policy FNG [LOCAL]. If a parent or student complaint is filed against you, please contact the TCTA Legal Department at 888-879-8282 for assistance. Does a parent have a right to review a test as soon as the child has taken the examination? A parent is entitled to “review each test administered to the parent’s child after the test is administered.” A reasonable interpretation of this provision would allow you sufficient time to administer the test to all students, including make-up testing for absent pupils. Can I be directed to change a student’s grade based on a parental or student complaint? Only under certain limited circumstances. You must be sure that computation of a student’s grade is based upon the student’s demonstrated proficiency of the subject matter for the course or grade level, as well as in compliance with any locally adopted grading policies. However, pursuant to TCTA-initiated legislation, the law provides that an examination or course grade issued by a teacher is final and may not be changed unless the grade is arbitrary, erroneous or not consistent with local school district grading policy. Further, a school board’s determination in such a case is final and may not be appealed. May a parent require daily or weekly written progress reports or telephone calls? No. You may only be required to provide such reports in the manner provided for by state law and any additional
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TUESDAYS WITH TCTA: WORKING WITH PARENTS Watch TCTA’s free 30-minute webinar as staff attorneys share the 10 best practices for meetings with parents online at tcta.org/twt. requirements that may be imposed under local district policy or by an administrative directive. This means that you must submit student grade reports at least once every 12 weeks. In addition, you must provide written notice of a student’s unsatisfactory performance at least once every three weeks, or during the fourth week of each nine-week grading period.
Do I have to continue to meet with a verbally abusive or threatening parent? Parents who abuse their right of access to schools and teachers (and other parental rights) may lose such rights or have them curtailed. It may be advisable to have a third party present, preferably an administrator, during a conference with a hostile parent. During a telephone conference, you may wish to utilize the speaker and inform the parent that an administrator or other educator is present. In situations where the parent may be prone to misrepresent your comments, it may become necessary to communicate only in writing, providing your supervisor a copy of such correspondence, including email. Most school districts post written procedures for visitor checkin upon arriving on campus, which generally apply to parents. Failure to properly observe such procedures may result in restrictions on parental visits, and in the case of actual disruption of a teacher’s classroom, a possible criminal complaint. Finally, in the most severe cases involving disruptive parents, school officials may require that such persons leave school premises and, if necessary, eject an individual engaging in disruptive or undesirable behavior or not having legitimate business at the school. Any unauthorized person who then trespasses on school grounds may be criminally prosecuted.
To avoid ongoing difficulties with a parent, may the student be assigned another teacher? In some instances, moving the student to another teacher’s classroom may be in the best interests of all concerned. However, absent grounds for a formal disciplinary removal, a teacher can only request that a campus administrator transfer the student. Akin to a situation involving such a request by a parent, your principal may not approve this action unless it has no effect on any other student’s classroom assignment. Members with additional questions about dealing with parents, or any other job-related issue should call the TCTA Legal Department at 888-879-8282.
YOUR LEGAL RIGHTS AND RESPONSIBILITIES
Key laws affecting teachers Following are some of the key statutes on teacher rights, working conditions and related topics. These laws apply to school districts and campuses that operate under the Texas Education Code and are not necessarily applicable to the following: charter schools; programs, campuses or districts that have waivers from the commissioner of education; Districts of Innovation; or alternative education programs.
Your time School start date and last day of school The first instructional day must be no earlier than the fourth Monday in August. Districts may not receive a commissioner’s waiver from this requirement, but more than 950 Texas school districts have exempted themselves from this law through the District of Innovation process. Legislation that took effect in 2015 adds a requirement that a school district may not schedule the last day of school for students before May 15. Each district must operate so that it provides 75,600 minutes of instruction, including intermissions and recesses for students.
Length of instructional day The instructional day must be at least 420 minutes, including intermissions and recesses. State law does not address the length of a teacher’s workday.
Required days of teacher service The 10-month teacher contract year requires a minimum of 187 days of service. Recent TCTA-initiated legislation allows school districts anticipating providing fewer than 180 instructional days during a school year to also reduce the number of required teacher days of service proportionately without a reduction in an educator’s salary.
Professional development A Texas public school district has the discretion to determine the number of days of the teacher contract year to devote to staff development and teacher preparation days. Staff development must be predominantly campus based and must be developed
and approved by the campus site-based decision-making committee. In designing staff development, a school district must use procedures that, to the greatest extent possible, ensure the training incorporates proactive instructional planning techniques using a flexible framework that: •
reduces barriers in instruction;
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provides appropriate accommodations, supports, and challenges;
•
maintains high achievement expectations for all students, including students with disabilities and students of limited English proficiency; and
•
integrates inclusive and evidence-based instructional practices for all students, including students with disabilities.
The staff development provided by a school district may include training in: (A) technology and digital learning; and (B) positive behavior intervention and support strategies, including classroom management, district discipline policies, and the student code of conduct adopted under Chapter 37. The district also may use staff development that is designed and approved by the district-level site-based decision-making committee. The district must provide scientifically based staff development relating to the instruction of students with disabilities to educators who work primarily outside of special education and who do not possess the knowledge and skills necessary to implement the individualized education programs of students receiving instruction from the educators. School districts must provide training in the following: • suicide prevention; • strategies for establishing and maintaining positive relationships among students, including conflict resolution; and • preventing, identifying, responding to and reporting incidents of bullying. Continued 2023-24 TCTA Survival Guide
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YOUR LEGAL RIGHTS AND RESPONSIBILITIES DISCIPLINE
Corporal punishment is defined as deliberate infliction of physical pain by hitting, paddling, spanking, slapping or any other physical force used as a means of discipline. It does not include physical pain caused by reasonable physical activities associated with athletic training, competition or physical education. It also does not include the use of restraint (subject to state law and TEA rules). Educators may use corporal punishment only if the board of trustees has adopted a policy allowing the use of corporal punishment. However, the student’s parent, guardian or other person having lawful control over the student may provide a written, signed statement prohibiting the use of corporal punishment for the student. Such a statement must be provided each school year. Any educator who administers corporal punishment must comply strictly with district policy, because failing to do so could result in adverse employment action or even certification sanctions. Use of “aversives” prohibited. Aversive techniques —defined as techniques or interventions that are intended to reduce the likelihood of behavior reoccurring by intentionally inflicting on a student significant physical or emotional discomfort or pain —are explicitly prohibited by law. The full scope of aversive techniques is broad, to include a technique or intervention that: • ridicules or demeans the student in a manner that adversely affects or endangers the learning or mental health of the student or constitutes verbal abuse; • constitutes a use of timeout that precludes the student from being able to be involved in and progress appropriately in the required curriculum and, if applicable, toward the annual goals included in the student’s individualized education program, including isolating the student by the use of physical barriers; or • deprives the student of the use of one or more of the student’s senses (unless it does not cause the student pain or discomfort or complies with the IEP or BIP). Additionally, teachers should be aware that the law also prohibits denying a student adequate supervision. The law makes clear that a teacher is not prohibited from removing a student from class under current discipline laws. Use of force. A professional employee may not be subject to disciplinary proceedings for the use of reasonable force against a student to the extent justified under Section 9.62 of the Texas Penal Code. This provision allows an educator to use non-deadly force “when and to the degree the actor reasonably believes the force is necessary to further the special purpose or to maintain discipline in a group.” A professional employee may be disciplined for violating a district’s policy relating to corporal punishment, but may not be disciplined for using reasonable force for such actions as breaking up a fight.
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This training must use a program based upon best practices and recommended by the Health and Human Services Commission/ TEA. The training may include two or more of the listed topics together (a TCTA-initiated provision). The suicide prevention training may be satisfied through independent review of suicide prevention training material that complies with TEA guidelines and is offered online. Districts must increase awareness and implementation of traumainformed care through a training program selected from the list established under Section 38.351, Education Code. The training must address how grief and trauma affect student learning and behavior and how evidence-based, grief-informed, and traumainformed strategies support the academic success of students. In addition, the training must be provided as part of any new employee orientation for all new school district educators. For existing educators, districts must follow the requirements outlined in Senate Bill 1267 (see the box on page 27). School districts are required to maintain records of district staff members who participated in the training. Prevention techniques for and recognition of sexual abuse, trafficking and all other maltreatment of children also must be provided, as part of new employee orientation, to all new school district and open-enrollment charter school employees. For existing educators, districts and charter schools must follow the requirements outlined in SB 1267. The district must maintain records that include the school staff members who participated in the training. Early mental health intervention and suicide prevention training must be provided to teachers, counselors, principals and other appropriate personnel in accordance with the requirement of SB 1267. (The training is required at elementary campuses only to the extent sufficient funding and programs are available.) The district must maintain records that include the district employees who participated in the training. All school nurses, and other school employees in regular contact with students must complete a TEA-approved online course of instruction regarding seizure recognition and related first aid. Training on use of the bleeding control station is required for school district peace officers, security personnel and any other personnel who might reasonably be expected to use a bleeding control station. Starting Jan. 1, 2024, school districts must provide training in the administration of an opioid antagonist to school personnel and school volunteers in campuses serving students in grades 6-12, and are required to have at least one trained school employee or volunteer present during regular school hours. School districts that adopt policies regarding the maintenance, administration,and disposal of epinephrine auto-injectors or medication for respiratory distress must provide training to authorized school personnel and school volunteers regarding administration of these, and are required to have one or more persons authorized and trained at each campus.
YOUR LEGAL RIGHTS AND RESPONSIBILITIES SCHOOL DISTRICTS MUST ADOPT PROFESSIONAL LEARNING POLICIES Senate Bill 1267, passed in 2021, established a new framework for and approach to educator professional learning. The bill slimmed down teacher training requirements with the goal of enabling educators to more freely select training opportunities to improve their craft. The bill requires the State Board for Educator Certification to publish a clearinghouse of all educator training requirements, with best practices and industry-based frequency recommendations for local boards to consider annually in adopting their local professional development policies. The annual policy adopted by local school boards must note any differences in the policy adopted by the district or charter school from the recommendations in the clearinghouse. It also must include a schedule of all training required for educators or other school personnel at the district or school. For more on SB 1267, see https://tinyurl.com/yeyz53pn. School districts may require school district employees who have access to a local government computer system or database to complete a cybersecurity training program, but only the district’s cybersecurity coordinator is required to complete annual training. District-offered staff development also may count toward the continuing professional education requirement for standard certification. However, it is the teacher, not the district, who determines whether any district-offered staff development also will count toward the teacher’s required CPE hours.
School safety training State law requires school district/open-enrollment charter school multihazard operations plan to include: • emergency response training for district employees, including substitute teachers; and • training on integrating psychological safety and suicide prevention strategies into the district’s plan from an approved list of recommended training established by the commissioner and the Texas School Safety Center for members of the school safety and security committee, counselors, mental health professionals, educators, and other district personnel as determined by the district. At least 25% of school district employees who regularly interact with students must complete mental health training regarding students who experience a mental health or substance use issue that may pose a threat to school safety before the beginning of the 2025-26 school year. That percentage must increase by at least 25% of employees each year so that 100% of school district employees complete the mental health training before the beginning of the 2028-29 school year.
The training is not required for employees who have previously completed similar training (mental health first aid) by a local mental health authority. TEA will provide allotments to help districts pay the costs of travel, training fees and compensation for employee time spent completing the training. Educators can receive CPE credit for the training. Threat assessment and safe and supportive school program teams must report to TEA the number and percentage of school personnel trained in suicide prevention or grief/traumainformed practices, mental health or psychological first aid for schools, training related to a safe/supportive school program or any other program identified by the commissioner. School districts are required to maintain records that include the name of each district staff member that participated in the training and must report annually to TEA the number of teachers, principals and counselors employed by the district who completed the training and the total number of teachers, principals and counselors employed by the district.
Literacy achievement academies All school districts/open-enrollment charters must ensure that each K-3 classroom teacher has attended a teacher literacy achievement academy. New teachers must attend an academy by the end of their first year of assignment in those grades. Teachers holding all-level certification in art, health education, music, physical education, speech communication and theater arts are exempt from the requirement. The completion of a literacy achievement academy by an educator who teaches students with dyslexia satisfies the CPE requirement for educators who instruct students with dyslexia and a training requirement adopted by the State Board of Education related to the screening or treatment of a student for dyslexia or a related disorder.
Assessment training Legislation passed in 2021 prohibits TEA from requiring annual assessment training for anyone other than the campus test coordinator; however, the campus test coordinator can require other employees to repeat assessment training. Additionally, TEA may not require a school district employee to repeat training or online calibration activities related to administering the Texas English Language Proficiency Assessment (TELPAS), unless the administration of or assessment using TELPAS has changed significantly since the employee completed the training. The school district employee assigned to oversee TELPAS administration at a campus may, at their discretion, require other district employees involved in administering the TELPAS to complete training or online calibration activities. A school district employee may not be required to complete a training or online calibration activity in one sitting. Continued 2023-24 TCTA Survival Guide
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YOUR LEGAL RIGHTS AND RESPONSIBILITIES Personal and other types of leave
Under state law, each school employee is entitled to five days of personal leave per year with no limit on accumulation. School districts have the discretion to provide additional personal leave beyond this minimum. Pursuant to a TCTA-initiated law, school employees may choose the order in which they take state and locally granted personal leave days. The district may adopt a policy governing the use of personal leave, although legislative intent was that such policies should manage only the scheduling of personal days (for example, prohibiting the use of personal leave on student assessment days, the last day of school, etc.). A district may not limit the reasons for which personal leave may be taken. This prohibition applies to state personal leave but may not apply to local personal leave. As a result, districts granting local leave may presumably restrict the purposes for which it can be used (e.g., requiring an employee to have a medical reason to request local sick leave), though this issue has not been litigated. The law also allows up to two years of paid assault leave for teachers to recover from injuries suffered in a work-related assault. If an employee requests assault leave in writing, the district must grant it immediately, and the leave may not be deducted from the employee’s accrued personal leave (unless the claim is found to be invalid). A TCTA-initiated law clarifies that a district may not deny assault leave based on the mental capacity of the assailant. Districts must provide at least 180 calendar days of unpaid disability leave for any educator whose condition (as certified by a physician) interferes with the performance of work duties. The educator must give the district written notice and a doctor’s statement of fitness at least 30 days before returning to duty. Temporary disability leave covers inability to perform work duties due to pregnancy and postnatal recovery, but not child care. An educator’s employment contract may not be terminated while on a leave of absence for temporary disability. Under the federal Family and Medical Leave Act, districts with 50 or more employees must allow up to 12 weeks of family leave for a serious health condition that renders the employee unable to perform their job or for such condition of a spouse, parent or child. Any employee who has been employed for at least 1,250 hours during the preceding 12-month period also may take 12 weeks of leave within 12 months of the birth or adoption of a child. The district may pay the employee during leave, but this is not required. A TCTA-initiated law provides that employees on military leave may use any accumulated sick or personal leave and clarifies that school employees may take up to 15 days of military leave without loss of leave time for service in the reserves or state military forces. Districts also may adopt policies providing for fully paid leave during military service as part of the consideration of employment in a district. For most districts, leave policies are designated as DEC(local) and can be found by searching for the district’s name and policy online.
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Paperwork reduction
A TCTA-initiated law on paperwork requirements provides that: • Districts must limit redundant requests for information and the number and length of written reports that a teacher must prepare. • Reports that teachers may be required to prepare are limited to a specific list that essentially covers grading, lesson plans, attendance reports, reports related to the health or safety of students, accreditation information or material related to a grievance or other legal matter. Teachers may be required to prepare only unit or weekly lesson plans that outline, in a brief and general manner, the information to be presented in each period at the secondary level or in each subject or topic at the elementary level. The complete list is available at tcta.org/paperwork_reduction. • Pursuant to a TCTA-proposed provision of a bill that passed in 2023, a lesson plan adopted by a school board as part of its instructional materials satisfies any requirement for lesson plans teachers must prepare, meaning that administrators cannot add to the lesson plan requirement. • School boards are required to review paperwork requirements and transfer to noninstructional staff any reporting tasks that could be reasonably accomplished by that staff. • Districts may collect other essential information, but such situations require the agreement of the teacher. • The commissioner must review paperwork that TEA requires of districts and adopt a policy that limits written reports and other paperwork that TEA requires a principal or teacher to complete.
Your classroom Class size Each district must maintain an average ratio of no more than 20 students for one teacher. For prekindergarten through grade 4, the district may not enroll more than 22 students in a class except during the last 12 weeks of the year. Districts with large migrant populations may exceed the 22-to-1 ratio during a different 12-week period than the last 12 weeks of the year, but the period must be specified by the district. Districts that obtain waivers from the limit must provide written notice to parents of affected students, unless larger class sizes are part of a District of Innovation plan. Districts must specifically identify how student safety will be ensured if PE class-size ratios exceed 45to-1. This is a common District of Innovation exemption.
Teacher grading authority Pursuant to a TCTA-initiated law, an examination or course grade issued by a teacher is final and may not be changed unless it is erroneous, arbitrary or inconsistent with a school board-approved district grading policy. A school board’s determination with regard to a grade is final and may not be appealed unless the appeal relates to a student’s eligibility to participate in extracurricular activities. Grades must be based
DUTY-FREE LUNCH; PLANNING AND PREPARATION TIME Every teacher is entitled to a duty-free lunch and planning and preparation time. Except for a few minor changes made in 1995, the statutes have essentially remained the same since enactment. Note: A District of Innovation may opt out of these laws.
Duty-free lunch
Texas Education Code, Sec. 21.405 By law, each classroom teacher and full-time librarian gets at least a 30-minute lunch period “free from all duties and responsibilities connected with the instruction and supervision of students.” According to a 1986 Texas attorney general opinion, the term “duty” would include a directive that teachers remain on campus during lunch, because it would relate to student instruction or supervision. Districts cannot require teachers to stay on campus during their 30-minute lunch even if the campus is “closed” for students. The law provides exceptions (personnel shortages, extreme economic conditions or unavoidable/unforeseen circumstances) that give districts the right to require teachers to supervise lunches, but not more than one time per week. The rules adopted by the commissioner set the bar very high before these exceptions apply. Scheduling problems, local benchmark testing and statemandated testing do not create unforeseen circumstances. They exist when an epidemic, illness or natural or man-made disaster leaves no one available to do the duty. An extreme economic condition exists when hiring a person to supervise lunch would cause the district to raise taxes to the extent that the district might face a tax roll-back election. A personnel shortage exists only after all available nonteaching personnel have been assigned to the duty and the district has diligently recruited community volunteers to help. Even with all of these circumstances, a district would still have to
on a student’s relative mastery of the subject, and teachers may not be required to award a minimum grade for an assignment without regard for the quality of the student’s work. However, a district’s grading policy may allow a student a reasonable opportunity to make up or redo an assignment or examination for which the student received a failing grade. Some districts refused to change policies that require the assignment of a minimum grade on progress reports and report cards. At TCTA’s request, the then-commissioner of education clarified that the law applies to grade averages as well as individual grades. Several districts filed suit against the commissioner requesting that he be enjoined from enforcing the law in accordance with his interpretation and asking the courts to declare that the law does not apply to grade averages. The district judge ruled that the commissioner’s letter was a correct interpretation of the law.
attempt to utilize administrator and community volunteers prior to asking teachers to supervise students one day a week. There is no exception in the law that allows a district to require a teacher to eat lunch with students on standardized testing days — whether those are state-mandated tests, or local benchmark testing.
Planning and preparation time Texas Education Code, Sec. 21.404 The law entitles every teacher to planning and preparation time, during which the district cannot require the teacher to engage in any activity other than parent-teacher conferences, evaluating student work and planning. Teachers must have at least 450 minutes of planning time every two weeks in increments of not less than 45 minutes within the instructional day. Examples: A teacher could have five 90-minute conference periods within a two-week period, rather than a 45-minute conference period each day. A district can provide 50-minute blocks of planning time daily, exceeding the minimum requirement, but it could not provide 50 minutes one day and 40 minutes the next. A district cannot schedule a 7:45 a.m. to 3:15 p.m. instructional day, and then give teachers 3:15 to 4 p.m. to plan after the students leave. According to the commissioner of education, if a district gives teachers no more than the statutory minimum planning time, the district cannot ask teachers to engage in group planning during one of those planning periods. For contracts signed after June 13, 2023, teachers may agree pursuant to a supplement agreement to perform duties related to initial lesson plan design or instructional duty selection during their planning and preparation periods.
Another law provides that “Students may express their beliefs about religion in homework, artwork, and other written and oral assignments free from discrimination based on the religious content of their submissions. Homework and classroom assignments must be judged by ordinary academic standards of substance and relevance and against other legitimate pedagogical concerns identified by the school districts. Students may not be penalized or rewarded on account of the religious content of their work.”
Pledge and one minute of silence Students must recite the pledges to the U.S. and Texas flags once each day, followed by one minute of silence during which students may reflect, pray, meditate or engage in any silent activity that is not likely to interfere with or distract another Continued 2023-24 TCTA Survival Guide
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YOUR LEGAL RIGHTS AND RESPONSIBILITIES student. The teacher or employee in charge must maintain silence during this period. Parents may excuse their children from these activities with a written request.
Hairstyles The CROWN Act, passed in 2023, adds provisions to the law applying both to students and employees providing that discrimination or enforcement of a dress or grooming policy that prohibits a hair texture or protective hairstyle commonly or historically associated with race constitutes prohibited racial discrimination.
Your students’ health Psychotropic drugs
A school district employee may not recommend that a student use a psychotropic drug (a drug intended to affect perception, emotion or behavior), suggest a particular diagnosis, or prohibit a student from attending a class or participating in a schoolrelated activity because of the parent’s refusal to consent to the student using a psychotropic drug or having a psychiatric evaluation. This law does not, however, prohibit a school district employee who is a registered nurse, advanced nurse practitioner, physician or appropriately credentialed mental health professional from recommending that a child be evaluated by an appropriate medical practitioner. It also does not prohibit an employee from discussing a student’s behavior or academic progress with the student’s parents or another school employee.
Head lice State law requires school boards to adopt a policy requiring a school nurse who becomes aware that a student has lice to provide written or electronic notice to the parent of the child as soon as possible (no more than 48 hours) and to the parents of children in the same classroom within five days. The notice must include information about treatment and prevention and the notice to other parents may not identify the child with lice.
Diabetes management plan Each student with diabetes must have a diabetes management and treatment plan developed by the parent and the student’s doctor. Principals of schools with students with diabetes must seek out school employees (other than health care professionals) to serve as unlicensed diabetes care assistants. A principal must attempt to ensure that the school has at least one unlicensed assistant if it employs a full-time nurse; if it has no full-time nurse, the school must have at least three unlicensed assistants. School employees may not be penalized or disciplined for refusing to serve as diabetes care assistants. The assistants are trained by a health care professional on recognizing symptoms, understanding proper actions to take, understanding the details of the student’s health plan, performing finger sticks and checking urine ketone levels, administering glucagon and insulin, recognizing complications
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requiring emergency care, and understanding recommended schedules and food intake. Before an assistant is allowed to help a child, the parent must sign an agreement that states that the parent understands that an unlicensed assistant is not liable for civil damages. Schools must allow students to selfcheck and self-medicate in accordance with the student’s health plan. TCTA added language to this law to avoid the creation of potential liability for school employees.
Texas public school nutrition policy Districts participating in the federal child nutrition programs must meet required nutrition standards for foods served by school food service or sold during the school day by the food service department, individuals and groups. Food that is given away during the school day (such as by parents for special occasions) is no longer subject to state regulations, but is subject to locally adopted nutrition policies. Details are available at www.squaremeals.org.
Donation of surplus food A law passed in 2017 allows districts to donate food, including surplus food from cafeteria meals, to be distributed on campus to students in need.
Your employment Federal job protections following military leave The federal Uniformed Services Employment and Reemployment Rights Act provides job protections after U.S. military service under certain conditions, including providing the employer advance written or verbal notice of the service. See an interactive USERRA Advisor at https://webapps.dol.gov/elaws/ vets/userra/. State law provides similar protections for public employees who serve in state military forces.
Educator certification The Texas Education Code requires the certification of teachers. The State Board for Educator Certification regulates and oversees state teacher certification standards and educator preparation, as well as disciplinary procedures and a code of ethics. The code provides a specific statement of the conduct that is expected from Texas educators and a list of enforceable standards. For more information, see pages 13-16.
Criminal background checks and fingerprinting State law requires virtually all individuals who will have direct contact with students in the public school system to undergo some type of criminal history review. Certified educators, classroom substitutes and aides must submit fingerprints and be subject to national criminal history background checks. Individuals who have been convicted of certain serious crimes are ineligible for employment by a public school and may be subject to suspension or revocation of their teaching credentials. Criminal history information collected by a school district, the Department of Public Safety, SBEC or TEA is confidential. Educators may obtain a copy of their own criminal history.
AMERICANS WITH DISABILITIES ACT The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination against people with disabilities. The act defines a person with a disability as someone who has a physical or mental disability that substantially limits one or more major life activities or someone who has a history of or is regarded as having such an impairment. The prohibition against discrimination applies to school districts and charter schools. Under the ADA, the failure of an employer to provide a reasonable accommodation to a person with a disability is illegal discrimination unless the person cannot fulfill the essential functions of the job or providing the accommodation would constitute an undue hardship to the employer. If an employee requests an accommodation based on a disability, the employer must conduct an interactive process with the employee to determine if the employee is a person with a disability and what sort of reasonable accommodation would allow the employee to fulfill the essential functions of the job. The employer can request medical certification from the employee as part of this process, but the employer cannot request medical records in excess of those required for purposes of the interactive process. Generally, a request for an accommodation would be made with the human resource department rather than an immediate supervisor. An employee who provides required medical information to a human resources director can expect that director to disclose to the employee’s supervisor only facts related to necessary restrictions on an employee’s duties and necessary
All applicants for certification who have not previously held a certificate issued by SBEC are required to undergo fingerprinting and a national criminal history background check prior to becoming certified. Additionally, TEA will issue a criminal history evaluation letter regarding a person’s eligibility for a teaching certificate for any individual enrolled/planning to enroll in an educator preparation program for teacher certification or planning to take a certification exam who has reason to believe that they may be ineligible for certification due to a conviction or deferred adjudication for a felony or misdemeanor offense. The fee for such a request is $50.
Grievances Most complaints regarding a public school employee’s rights or conditions of employment should be addressed through the district’s grievance procedure. The time limits for initiating a grievance are extremely short, typically 15 days or less from the time the employee knew or should have known of the event for which the grievance is filed. Legal rights to appeal could be permanently lost if these time limits are not followed. For this reason, members with potential school employment-related problems should call the TCTA Legal Department at 888-8798282 immediately for advice.
accommodations. Districts must keep the employee’s healthrelated information on separate forms, in separate files, and treat it as a confidential medical record. The ADA also prevents inquiries that might lead to the disclosure of facts of a disability for which the employee requires no accommodation. A district “shall not make inquiries of an employee as to whether such employee is an individual with a disability or as to the nature or severity of the disability, unless such ... inquiry is shown to be job-related and consistent with business necessity.” Without meeting that standard, an employee cannot: ask questions about a person’s disability and the nature of a disability; make requests for medical documentation; question co-workers or friends about an employee’s disability; or inquire into current or prior use of prescription medications. Permitted questions include asking “How are you?,” asking about nondisability-related impairments such as a broken leg, and asking about on-the-job drinking or illegal drug use.
Pregnant Workers Fairness Act The Pregnant Workers Fairness Act, effective June 27, 2023, added protections similar to those available under the ADA for pregnant workers by requiring employers to provide reasonable accommodation to pregnant employees, adding to the protections provided by the Pregnancy Discrimination Act of 1978. Prior to the PWFA’s adoption, pregnant workers were entitled to a reasonable accommodation as provided by the ADA only if they had pregnancy-related conditions that constituted a disability.
Pursuant to a TCTA-initiated law, a grievance alleging a violation of law by a supervisor need not be filed with the same supervisor. Another TCTA-initiated law allows an employee to make an audio recording of any meeting or proceeding at which the substance of a grievance is discussed. Still another TCTA-initiated law allows teachers to be represented via teleconference, subject to availability of necessary equipment. In 2019, the law protecting employees from any adverse employment action for reporting child abuse or neglect in good faith was expanded. Previous law only protected against termination or suspension. Adverse employment action is “an action that affects an employee’s compensation, promotion, transfer, work assignment, or performance evaluation, or any other employment action that would dissuade a reasonable employee from making or supporting a report of abuse or neglect.”
Communication with school board members A TCTA-initiated law provides that school district employment policies may not restrict the ability of a district employee to communicate directly with a school board member on matters relating to the district’s operation. However, an employment policy may prohibit such communication relating to an appeal Continued 2023-24 TCTA Survival Guide
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YOUR LEGAL RIGHTS AND RESPONSIBILITIES in which such communication would be inappropriate pending a final decision by a school board.
Job postings A TCTA-initiated law requires school districts to allow employees the opportunity to apply for open professional positions, and to post notices of job vacancies for at least 10 school days on the district’s website or on a bulletin board at a place convenient to the public in the district’s central administrative office and at each campus office. Districts are allowed to fill a position without such notice if the position affects student safety and security or if the district must fill a vacant teaching position during the school year.
Nepotism A school board member cannot vote to hire a person who is related to any school board member within the third degree by consanguinity or within the second degree by marriage. The first degree is a parent or child. The second degree is a grandparent, grandchild, sister or brother. The third degree is a greatgrandparent, great-grandchild, aunt, uncle, niece or nephew. There are exceptions. One applies to school bus drivers as long as the school board approves the employment of the driver. Another is the continuous employment exception. If a person is an employee of a district for at least 30 days prior to the appointment of the public official, the employee may continue in employment and other members of the governing board may vote to rehire, promote, increase the compensation of, or dismiss that employee, but the relative of the employee must abstain from voting. If a district has delegated final hiring authority to the superintendent for a class of employees, then the above provisions apply both to school board members and to the superintendent for decisions relating to that class of employees. For example, if a district has delegated the final hiring authority to the superintendent for all classified employees, the superintendent could not hire a son, daughter, spouse or any other person within the prohibited degree of relationship as a classified employee.
Your protection
Qualified immunity from liability Texas law affords teachers and other professional employees (including aides, school nurses and student teachers) fairly strong immunity from liability for actions taken as part of their duties. Generally, an employee is immune as long as the employee is on duty, exercising judgment or discretion, and not using excessive force or being negligent in student discipline. While the definition of corporal punishment specifically excludes physical pain associated with athletic training, competition or physical education, it is possible that the assignment of rigorous physical activity such as laps, pushups, etc., could be interpreted by a court as a disciplinary action, not subject to the qualified immunity from liability, so such activity should be assigned only for training or conditioning and not as punishment. Note that this immunity from liability applies only to lawsuits in state courts. Also note that having immunity from liability
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does not prevent lawsuits from being filed against school employees, so all employees should have professional liability insurance, such as that provided to TCTA members. Pursuant to a TCTA-initiated law, a school district may not require an employee to assume liability for an act for which the employee has qualified statutory immunity. This immunity specifically extends to student property such as cellphones and tablets in the possession of a school employee pursuant to the employee’s duties (i.e., confiscated by the employee). School districts and administrators may not require such employees who act in good faith to pay for student property that is lost, stolen or damaged. In addition to the above immunity, teachers who use only instructional material included in the list of instructional material approved by the State Board of Education pursuant to HB 1605 may not be subject to disciplinary proceedings based on allegations that they violated instructional prohibitions related to controversial subjects, the Establishment Clause of the U.S. Constitution or related state or federal laws as long as the allegation does not dispute that the teacher delivered the instructional material with fidelity.
Instructional materials or technology TCTA-initiated legislation specifies that a school board may not require a district employee who acts in good faith to pay for instructional materials or technology that are damaged, stolen, misplaced or not returned, unless the school employee has entered into an agreement with the district in exchange for personal use of a computer or tablet.
Political activity/professional associations and payroll deduction of dues Teachers may not be prohibited from participating in political affairs in the community, state or nation. Teachers also have the right to join or to refuse to join any professional association, and a school board member or administrator may not directly or indirectly require or coerce a teacher to join any group, club, committee, organization or association. On an employee’s request, a school district must provide payroll deduction of professional dues in the amount and the number of pay periods the employee specifies. Under state law, the deductions must be made until the employee requests in writing that they be discontinued. The district may charge an administrative fee, but it cannot be greater than the actual administrative cost or the lowest fee the district charges for similar salary deductions, whichever is less. The attorney general has issued an opinion that says school districts do not have the authority to use payroll deductions to collect political action committee contributions. Although the opinion is advisory only, some districts refuse to accept payroll deductions that include political action committee contributions. TCTA members may make contributions to our political action committee, ACT For TCTA, by check or credit card. See tcta.org/ advocacy/act-for-tcta or call 888-879-8282.
YOUR LEGAL RIGHTS AND RESPONSIBILITIES Child abuse or neglect reporting requirements Teachers are often the first adults to whom abused children turn for help, and educators who see the children every day and can observe their appearance and behavior are considered a primary source for helping to spot and stop a child’s suffering.
Reporting requirements and immunity provisions
Texas law requires any professional who has reasonable cause to believe that a child is being abused or neglected to make a report to the Texas Department of Family and Protective Services or any local or state law enforcement agency within 48 hours. However, if the suspected abuse or neglect involves a person responsible for the care, custody or welfare of the child, the report must be made to the Texas Department of Family and Protective Services only. Reports must be made of any type of suspected abuse or neglect, not just acts of physical abuse. The obligation to report includes abuse that may occur in the future. Failure to report is a class B misdemeanor punishable by a fine of up to $2,000, 180 days in jail or both.
Abuse defined
The definition of abuse includes physical, sexual or mental abuse and also failure to make a reasonable effort to prevent a child from being abused. The contents of a report must include, if known: 1.
the name and address of the child;
2.
the name and address of the person responsible for the care, custody or welfare of the child;
3.
the facts that caused the individual to believe the child has been abused or neglected and the source of the information;
4.
the individual’s name and telephone number;
5.
the individual’s home address or business address and profession, if the individual is a professional as defined by Section 261.101(b);
6.
any other pertinent information concerning the alleged or suspected abuse or neglect.
ABUSE HOTLINE
Call the Texas Department of Family and Protective Services’ 24-hour, toll-free telephone hotline to report suspected abuse or neglect: 800-252-5400. Nonemergency reports of child abuse also can be made online at www.txabusehotline.org. Those reporting are not required to have proof that a child is being abused but must have reasonable cause to know or suspect abuse. As long as the report is made in good faith, the reporter is protected from civil and criminal liability. The commissioner of education has enacted rules supporting state law that require school district policies to inform employees of their immunity from liability for good faith reports as well as the penalties for failure to report. Districts must provide training to new teachers on recognition and prevention of child abuse and/or neglect, including sexual abuse. For more information, see page 26.
Strict confidentiality provided
Legislative changes made during the 2023 session provide that the Department of Family Protective Services will no longer accept anonymous reports. However, the Texas Family Code specifically states that both a child abuse report and the identity of an individual making a report are confidential and may be disclosed only by order of a court or to a law enforcement officer for the purposes of conducting a criminal investigation. A court may not order the disclosure of a reporter’s identity or a child abuse report unless a motion has been filed and the judge has conducted a private review of the requested information and determined that the disclosure is essential to the administration of justice and is not likely to endanger the life or safety of the child or reporter.
Your responsibility to report
As a professional courtesy, you may choose to inform an administrator of your suspicions of abuse; however, this action does not satisfy or negate your responsibility under Texas law to make a report within 48 hours. The Texas Family Code states that “a professional may not delegate to or rely on another person to make the report.” Rules developed by the commissioner of education stress that district procedures may not undermine state law by requiring school personnel to report suspected child abuse to administrators prior to making the report to the proper authorities. Additional information on child abuse/neglect and reporting requirements is available on the Texas Department of Family and Protective Services website at www.dfps.state.tx.us. 2023-24 TCTA Survival Guide
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YOUR LEGAL RIGHTS AND RESPONSIBILITIES Be aware: Deregulation may erode teacher rights Education policymakers in Texas are often in the position of balancing a desire for local control against the need for state regulation. School district administrators and board members typically favor deregulation at the state level, using the argument that local officials can best make decisions based on the needs of the community. But deregulation can result in losses of legal rights and protections for teachers, students and parents. State laws such as the state minimum salary schedule, duty-free lunch, planning periods, teacher disciplinary rights, and more are essential components of teacher working conditions and the learning environment. In recent years, rather than repealing state regulations, lawmakers have chosen to provide more opportunities for bypassing them. Generally, waivers and exemptions are limited to the same laws that do not apply to charter schools. Certain laws, including those pertaining to graduation requirements, testing and accountability, health and safety, special education and bilingual programs (also protected under federal law), and extracurricular activities, cannot be waived or exempted. The following are the major ways districts can bypass state laws. Employees should pay close attention to school board meetings at which these options are discussed, and should be aware of the exemptions from law that their district has taken.
Waivers
Districts have long had the ability to request waivers from the commissioner of education for certain laws. Districts must continue to apply for waivers if needed (the longest period for a waiver, only applicable to certain types, is three years) and must follow specific procedures outlined in state law and administrative rule. Common waivers include those regarding staff development, timelines for accelerated instruction, modified days due to state testing, teacher and superintendent certification, student attendance, and class sizes.
Districts of Innovation
Authorized by the Texas Legislature in 2015 under the premise that deregulating districts would lead to innovations in education, District of Innovation plans have instead focused on administrative conveniences such as hiring uncertified educators and increasing class sizes. Plans do not have to be approved by the commissioner, but must be developed and approved by a local committee and voted on by the school board. A district can initiate the process to become a District of Innovation by either a resolution adopted by the board of trustees or a petition signed by the majority of the members of the district-level site-based decision-making committee. If a district chooses to proceed, the plan describing the education program and the laws from which the district seeks exemption must be approved by a majority of the district committee before a vote by the school board. Because a District of Innovation can exempt itself from many
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laws, including those protecting teacher rights and benefits, the district committee’s role is crucial (see page 6). As of Sept. 26, 2023, 968 districts have converted to DOIs. The vast majority of DOI plans (960) include an exemption from the law governing the school start date. Other very common exemptions include teacher certification (932), probationary contract limits (642), and class sizes (500+). More than 100 education laws on the books ranging from bidding/purchasing requirements to the entirety of Chapter 21 (employee rights and benefits) have been excluded by at least one DOI plan.
Turnaround campus charters
The 2015 DOI legislation included another deregulation option, suggesting district charters as a “turnaround” option for campuses identified as unacceptable for two consecutive school years. District charter campuses are only subject to certain laws, similar to those that apply to an open-enrollment charter. Charter schools are not required to follow much of the Texas Education Code, and certain teacher rights and benefits (including contract provisions, duty-free lunch, planning time, or the ability to remove disruptive students from classrooms) could be taken away. Under legislation passed in 2019, the law was expanded to allow the designation of a campus as an “ACE” (accelerated campus excellence) school. The ACE plan must be prepared by the school district in consultation with the campus intervention team and allow parents, the community and stakeholders an opportunity to review the plan before it is submitted for approval to the board of trustees. The plan must include written comments from the campus-level site-based decision-making committee, if applicable; parents; and teachers. However, unlike other campus turnaround plans, an ACE plan must include a detailed description of employment and compensation structures for the principal and teachers, and the principal assigned to the campus has final authority over personnel decisions. The commissioner is authorized to determine whether the plan meets the applicable statutory provisions in deciding whether to approve the plan. At least 60% of the teachers assigned to the campus must be teachers who have demonstrated instructional effectiveness during the previous year. For a teacher who was in the district the previous year, effectiveness is based on the teacher’s impact on student growth as determined through a locally developed value-added model that measures student performance on at least one assessment selected by the district, and an evaluation based on classroom observation. For a teacher who was not in the district the previous year, effectiveness is determined through data and other evidence indicating that the teacher would have performed in the top half of teachers in the district. The significant amount of authority given to the commissioner to deem a campus ACE plan’s employment and compensation
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 Texas 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. SB 1720, passed in 2023, ensures confidentiality for district employees who report potential threats to the campus threat assessment team. Their identity may be disclosed to law enforcement or the district, as necessary to investigate. Districts must maintain a confidential record of the identity of reporters. In 2023, the legislature passed requirements that every district must require employees who regularly interact with students to complete a mental health training program designed to teach participants how to recognize and support youth who experience a mental health or substance use issue that may pose a threat to school safety. If an employee has already completed a mental health training offered by a local mental health authority, they have satisfied this new training requirement. TEA must give districts an allotment to assist districts in paying for costs including employees’ travel, training fees, and compensation for time spent completing the new training. In 2019, lawmakers added $100 million in one-time funding to the school finance formulas for districts 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
structures acceptable is cause for concern. The commissioner’s decision regarding approval of an ACE plan is final and not appealable. The final authority given to the principal of an ACE campus over personnel decisions is also cause for concern. It will be important for teachers and support personnel at struggling campuses to pay close attention to school district attempts to create ACE turnaround plans and to review and comment on such plans. Since any campus turnaround plan must include written comments from the campus site-based decision-making committee, this serves as yet another example of the need for teachers and instructional personnel to participate on their campus SBDM committees (see page 6).
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. In response to the shooting in Uvalde, the legislature passed HB 3 in 2023, which, among other things, requires a board of trustees to ensure at least one armed security officer is present during school hours at each campus. If the board of trustees is unable to comply, the board may claim a good cause exception if noncompliance is due to the unavailability of funding or personnel who qualify to serve as a security officer. The board must then develop an alternative standard for compliance which may include providing a school marshal or a school district employee (or someone with whom the district contracts) who has completed school safety training and carries a handgun on school premises in accordance with written regulations or written authorization of the district. The legislature also created the office of school safety and security within TEA to conduct vulnerability assessments of district and charter campuses, monitor implementation of laws, and provide technical assistance to assist districts and charters in complying with safety laws and addressing deficiencies. Failure to comply with safety and security requirements or address deficiencies may result in the commissioner of education assigning a conservator to the school district to address the school safety shortcomings.
SB 1882 partnerships Senate Bill 1882, a law passed in 2017, allows a school board to partner with an open-enrollment charter school or other eligible entity (such as a university or nonprofit) to operate a district campus, including as an alternative to state intervention under accountability statutes. Districts can receive additional funding for taking advantage of this program. On paper, SB 1882 offers districts flexibility in the partners they approach and the type of campus they decide to operate. It also allows districts with one or more failing schools a chance to turn them around without accountability sanctions. But districts that choose this process give up control of their campuses to an outside entity, which could spell trouble for teachers, students and parents. 2023-24 TCTA Survival Guide
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YOUR LEGAL RIGHTS AND RESPONSIBILITIES Student record confidentiality requirements Federal law protects the confidentiality of student education records as well as personally identifiable information contained in such records. At the same time, federal and state laws guarantee parents access to this information.
FERPA The Family Educational Rights and Privacy Act applies to education agencies or institutions that receive federal funds. FERPA gives personnel designated by the district as having a “legitimate educational interest” the right to access and view student records without parental consent. For employees who have a legitimate educational interest in the behavior of a student, a district does not need consent to release information from discipline records arising from conduct that “posed a significant risk to the safety or well-being of that student, other students, or other members of the school community.” District employees are charged with maintaining the strict confidentiality of student records and may release such information only with written consent of the parent, guardian or (in some cases) the student. FERPA establishes a penalty for violations of the law. Districts must annually notify parents of FERPA provisions relating to release of student directory information, such as name, address and phone number. Parents may elect not to disclose such information or limit such disclosure.
Closed school board meetings about students A school district is not required to conduct a hearing in open session if doing so would disclose identifiable information about a student younger than 18. This does not apply if the student is 18 or older, or if the parents/guardians request an open hearing.
Testing Texas Education Code Sec. 39.030 makes a student’s test scores confidential. They may be released only as permitted by FERPA. Public release of test information cannot contain the
names of students or otherwise implicitly identify the students, but may contain information regarding ethnicity, grade, subject, etc. TEA prohibits encouraging or helping another person to breach test security and requires reporting of known violations. A supervisor who gives directions inconsistent with the rules should be referred to the district’s testing coordinator.
Peer grading In 2002, the U.S. Supreme Court decided Falvo v. Owasso ISD, a case in which a parent alleged that a teacher violated FERPA by permitting students to grade each other’s work. The court unanimously held that peer grading did NOT violate FERPA, while praising the practice as a learning experience. The court did not decide whether a grade book is an educational record.
Medical files Under Sec. 38.009 of the Texas Education Code, a school administrator, nurse or teacher is entitled to access student medical records for reasons established by district policy. When viewing student medical records, these employees must maintain confidentiality. A student cannot be required to undergo tests to determine a medical condition or status.
Situations requiring written consent of parent A parent must consent in writing before a school employee may conduct a psychological examination, test or treatment (except regarding investigation of child abuse) or make a video or audio recording of a child (unless the recording is used only for purposes of safety and discipline, including student safety in special education settings, co- or extracurricular activities, purposes related to regular instruction, or media coverage of the school). A parent may remove a child temporarily from a class or activity that conflicts with their religious or moral beliefs.
Student searches Public school students are entitled to be free of unreasonable searches pursuant to the U.S. Constitution, although the standard for initiating a student search by school officials is less stringent than the probable cause requirement applicable to searches by law enforcement. School officials may search students if there is reasonable suspicion of finding evidence of wrongdoing. The scope of the search must be reasonably related to the objectives of the search and not be excessively intrusive in light of the student’s age and sex and the nature of the infraction. The U.S. Supreme Court approved the search of a student’s purse when the student was caught smoking and there was reasonable suspicion that the purse contained cigarettes. In a 2009 opinion, the Supreme Court further held that a search that required a female student to strip to her underwear and pull the garment away from her body to look for prescriptionstrength ibuprofen was not reasonable. Due to the potential for civil rights liability, only trained administrators should conduct searches.
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YOUR STUDENTS Curriculum/programs The Texas Essential Knowledge and Skills are the state standards for public schools.
Foundation and enrichment TEKS
The foundation TEKS are those in English language arts and reading, mathematics, science, social studies (including economics), Spanish language arts and English as a second language. The enrichment TEKS are those in languages other than English, fine arts, health, physical education, technology applications, career and technology education, religious literacy and personal financial literacy.
PARENTAL RIGHTS UNDER THE TEXAS EDUCATION CODE Parents are entitled to access their child’s records, including attendance records, test scores, grades, disciplinary records, health records, student evaluations and reports of behavioral patterns; review teaching materials, including textbooks and aids; and review each test the child takes after it is administered to the child’s class. Recent legislation also provides that a parent is entitled to observe virtual instruction to the same extent they would be entitled to observe in-person instruction of the child. Districts must make tests and teaching materials readily available to parents in person and teaching materials readily available via an instructional materials parent portal offered online at least 30 days before school year begins and 30 days after it ends. This does not include tests that have not been administered, or graded assignments. Teachers cannot be required to submit materials they created to any parent portal. A 2002 Texas attorney general opinion addressed whether a parent has unrestricted access to a child’s counseling records. The opinion stated a very narrow exception to the general rule that all student records are available to parents. Under FERPA, a public school may withhold a minor’s counseling records from a parent only if the records are kept in the sole possession of the counselor, are used only as the counselor’s personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the counselor. Further, state law provides that a licensed mental health practitioner may withhold a minor child’s records only if the practitioner determines that the release of such records “would be harmful to the patient’s physical, mental or emotional health.” In summary, in addition to the foregoing criteria, to properly withhold a minor’s records from parents, a certified school counselor must also be a licensed mental health practitioner, e.g., a licensed professional counselor.
The TEKS for grades K-8 math and one or more courses offered for high school graduation must include personal financial literacy instruction. The health curriculum must emphasize both physical health and mental health. Implementation resources for both the foundation and enrichment TEKS can be accessed at https://tea.texas.gov/academics/curriculum-standards.
Physical education/activity requirements
State law requires that at least 50% of a PE course (on a weekly basis) comprise actual student physical activity at a moderate or vigorous level, while meeting the needs of students of all ability levels, including students with a mental disability. Districts must establish goals that include class-size ratios small enough to ensure student safety. State law/rules require all students enrolled in full-day pre-K, kindergarten or grades 1-5 in an elementary school setting to participate in moderate or vigorous physical activity for a minimum of 30 minutes daily or 135 minutes weekly in a TEKSbased PE class or structured activity, including recess. Students must participate in moderate or vigorous activity at least 30 minutes per day for at least four semesters during grades 6-8 (exemptions are allowed for students who participate in an extracurricular activity that includes vigorous exercise). Districts with block scheduling are permitted to require moderate or vigorous physical activity for at least 225 minutes during a twoweek period. Districts and open-enrollment charters are required to conduct annual physical assessments for students in grade 3 or higher who are enrolled in a PE course.
Middle school fine arts
State Board of Education rules clarify that students must complete only one fine arts course during the entirety of grades 6-8.
Optional flexible year/school day program
State law allows school districts to use a flexible year program to provide up to 4,200 fewer minutes of instruction than required by law to all students other than at-risk students, so that additional instruction can be provided to students who did not or are not likely to perform successfully on the state assessment or who otherwise would not be promoted to the next grade level. State law also allows school districts to provide an optional Continued 2023-24 TCTA Survival Guide
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flexible school day program for students who have dropped out of school, are at risk of dropping out, or, as a result of attendance requirements, will be denied credit for one or more classes.
District curriculum scope and sequence
School districts must ensure sufficient time is provided for teachers to teach and students to learn the essential knowledge and skills for that subject or grade level when adopting a recommended or designated scope and sequence for a subject in the required curriculum. If a teacher determines that the students need more or less time in specific areas to demonstrate proficiency in the TEKS, then the school district may not penalize a teacher who does not follow the pacing of recommended or designated instructional materials or the pacing of the recommended or designated scope or sequence for a subject in the required curriculum. A district may take appropriate action with regard to a teacher for conduct based upon documented evidence of a deficiency in classroom instruction that has been observed or if based upon third-party information that has been substantiated and documented.
Restrictions on instruction
Recently passed legislation aimed at prohibiting the instruction of critical race theory places some restrictions on teachers of any course or subject. Most notably, a teacher cannot be compelled to discuss a widely debated and currently controversial issue of public policy or social affairs, but if a teacher chooses to, the teacher must explore the topic objectively and in a manner free from political bias. In
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addition, districts, charter schools and teachers are prohibited from requiring or awarding credit (including extra credit) for students’ political activism, lobbying, other efforts to persuade government by direct communication, or participation in any program involving social or public policy advocacy. Teachers and other school employees also are prohibited from requiring or making a part of a course inculcation in any of the following concepts: one race/sex is inherently superior; an individual is inherently racist or sexist either consciously or unconsciously by virtue of the person’s race or sex; an individual should be discriminated against or receive adverse treatment because of the person’s race; an individual’s moral character, standing, or worth is necessarily determined by the person’s race or sex; an individual, by virtue of the individual’s race or sex, bears responsibility, blame, or guilt for actions committed by other members of the same race or sex; meritocracy or traits such as a hard work ethic are racist or sexist or were created to oppress another race; the advent of slavery in what is now U.S. territory constitutes the true founding of the U.S.; slavery or racism are anything other than deviations from the authentic principles of the U.S. The law also provides that a district or charter school may not have any rule or student code of conduct that would result in the punishment of a student for discussing or have a chilling effect on student discussion of the concepts described above. HB 1605 passed in the 2023 session prohibits using the threecueing method of reading instruction in the phonics curriculum as part of reading standards for grades K-3.
YOUR STUDENTS Student assessment STAAR
The State of Texas Assessments of Academic Readiness system annually tests students in grades 3-8. High school students must pass Algebra I, English I, English II, Biology and U.S. History end-of-course exams to graduate. STAAR assessments are administered electronically, with the exception of students who require accommodations that cannot be provided online. In the 2023-24 school year, districts can administer a paper test to up to 3% of enrolled students upon request by a parent or teacher of the applicable subject. The request must be submitted to the district by Sept. 15 for a fall administration and Dec. 1 for a spring administration. The limit does not apply to students whose ARD committee determines that a paper assessment is necessary. Individual graduation committees must be established for students in 11th or 12th grade who have failed up to two of the EOCs. The committee determines whether a student can graduate despite failing the exams (see page 43). A student who fails the Algebra I or English II EOC but receives a proficient score on the Texas Success Initiative Assessment in the corresponding subject satisfies the EOC passage requirements. Assessments for grades 3-8 may not have more than three parts. Each part must be designed so that, in grades 3 and 4, 85% of students will be able to complete that part within 60 minutes; and in grades 5-8, 85% of students will be able to complete that part within 75 minutes. The time allowed for the test may not exceed eight hours and may occur in multiple parts over more than one day. These requirements do not apply if, as determined by commissioner-appointed assessment advisory committees, the assessment would no longer comply with federal law or be valid and reliable. These requirements also do not apply to a classroom portfolio method of assessing writing. The Algebra I EOC must allow the use of technology (e.g., a calculator) but may include one or more parts that prohibit the use of technology. EOCs can be administered in multiple parts over more than one day. The testing schedule for STAAR cannot include a test administration on the first instructional day of a week, although districts/charters can request to administer an assessment on the first instructional day of the week if using a different day would result in a significant administrative burden due to specific local conditions. A local board cannot exclude more than two instructional days from the assessment period based solely on the occurrence of a single religious holy day or period of observance. In establishing a calendar, the board must provide for alternative dates for assessments for students who are absent to observe a holy day on the regular assessment date. Not more than 75% of the available points on an assessment instrument may be attributable to questions presented in a multiple-choice format.
2023-24 STAAR REQUIREMENTS Grades 3-8 assessments
Grade 3 Reading Language Arts, Math Grade 4 Reading Language Arts, Math Grade 5 Reading Language Arts, Math, Science Grade 6 Reading Language Arts, Math Grade 7 Reading Language Arts, Math Grade 8 Reading Language Arts, Math, Science, Social Studies
Grades 9-12 end-of-course assessments English I and English II Algebra I Biology U.S. History
Students who opt out State law provides that parents are not entitled to remove their child from a class or other school activity to avoid a test. Normally, TEA requires that students who are in attendance on the day of testing and choose not to participate or refuse to mark their answers, and who are in grades 3-8 or are taking an EOC for the first time, will have their tests submitted for scoring as is (meaning they will be recorded as failing the test). See also www.tea.texas.gov/student.assessment/staar.
Limits on testing Field tests: Separate field testing of existing tests can be conducted no more than once every other year. TEA must notify each school district before the beginning of the school year of any required participation in field testing. Benchmark tests: Districts are prohibited from administering more than two benchmark tests per state assessment, excluding administration of college prep assessments such as the PSAT, SAT, ACT, AP exams, etc. A parent can request additional benchmark tests. Districts also are prohibited from administering any locally required test designed to prepare students for state-administered tests on more than 10% of instructional days; campus site-based decision-making committees may approve an even lower percentage of days. Test administration: State law provides that the statewide assessment program must be designed to minimize disruption to the educational program. Additionally, assessment procedures must minimize disruptions to school operations and the classroom environment. Limits on removal from class: School districts are required to adopt policies that limit removal of students from class for remedial tutoring or test preparation for more than 10% of the school days on which the class is offered, unless the parent gives written consent. Continued 2023-24 TCTA Survival Guide
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YOUR STUDENTS Vertical scale scores As required by law, TEA developed a vertical scale for assessing student performance on the English STAAR for reading and math in grades 3-8 and Spanish STAAR for reading and math in grades 3-6.
Measure of annual improvement TEA is required to determine the annual improvement necessary for a student to be prepared to perform satisfactorily on grades 5 and 8 state assessments as well as the high school EOC exams required for graduation.
Student report for teachers A school district is required to prepare a report of the comparisons made under the measure of annual improvement and provide it to teachers at the beginning of the school year for incoming students (a TCTA suggestion) as well as for students from the prior school year.
matter of the course or grade level. In determining promotion, a school district must consider the recommendation of the student’s teacher, the student’s grade in each subject or course, the student’s score on the STAAR in grades 3-8, to the extent applicable, and any other necessary academic information, as determined by the district. A district must make the requirements for student advancement public by the start of the school year. Beginning with tests administered during the 2023 spring semester, each time a student fails a STAAR test in grades 3-8 or a STAAR end-of-course exam in high school, the district must provide the student with accelerated instruction in up to two of the applicable subject areas, prioritizing math and reading subjects, during the subsequent summer or school year and 1.
assign the student to a classroom teacher who is certified as a master, exemplary, or recognized teacher under a locally approved teacher designation system or holds National Board Certification for the subsequent school year in the applicable subject area; or
2.
provide the student supplemental instruction.
Student assessment data portal TEA established a student assessment data portal for use by school districts, teachers, parents, students and public institutions of higher education at www.texasassessment.gov.
Special education students STAAR Alternate: This test is designed to assess students in grades 3-8 and high school receiving special education services who have significant cognitive disabilities. The federal Every Student Succeeds Act puts a 1% cap at the state level on the number of students who can be assessed in this manner.
Student promotion A student may be promoted only on the basis of academic achievement or demonstrated proficiency of the subject
2023-24 ASSESSMENT CALENDAR
(DATES SUBJECT TO CHANGE) The State of Texas Assessments of Academic Readiness is used for grades 3-8 and for the high school end-of-course assessments. This is an excerpted version of the calendar, updated Aug. 17, 2023. The complete calendar, including retest dates, is available at https://tea.texas.gov/ student-assessment/testing/ student-assessment-overview/ testing-calendars.
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These requirements do not apply if the student is retained in the same grade level, and parents can elect to modify or opt out of supplemental instruction. Accelerated instruction provided during the following school year may require participation before or after normal school hours. In providing accelerated instruction, a district cannot remove a student, except under circumstances for which a student enrolled in the same grade level who is not receiving accelerated instruction would be removed, from instruction in the foundation curriculum and enrichment curriculum, or from recess or other physical activity that is available to other students enrolled in the same grade level.
DATE
December 2023 Assessment Window
TEST
12/512/15
STAAR Algebra I STAAR Biology STAAR English I STAAR English II STAAR U.S. History
April 2024 Assessment Window 1
4/9-4/19
STAAR Grades 3-8 Reading Language Arts STAAR English I STAAR English II
April 2024 Assessment Window 2
4/16-26
STAAR Grade 5 Science STAAR Grade 8 Science STAAR Grade 8 Social Studies STAAR Biology STAAR U.S. History
April & May 2024 Assessment Window
4/23-5/3
STAAR Grades 3-8 Mathematics STAAR Algebra I
All makeup sessions for Dec. 5-15 STAAR must be completed by the end of Dec. 15.
All makeup sessions for April 9-19 STAAR must be completed by the end of April 19.
All makeup sessions for April 16-26 STAAR must be completed by the end of April 26.
All makeup sessions for April 23-May 3 STAAR must be completed by the end of May 3.
YOUR STUDENTS assigned for the school year to a specific teacher who is better able to provide accelerated instruction; and that the district provide any necessary additional resources to the student. A student for whom an accelerated education plan must be developed must be assigned, in each school year and subject covered by the accelerated education plan, an appropriately certified teacher who meets all state and federal qualifications to teach that subject and grade, unless, on request of the school district, the commissioner waives the requirement.
For districts receiving certain federal pandemic relief funds, supplemental instruction must, among other things: •
include targeted instruction in the essential knowledge and skills for the applicable grade levels and subject area;
•
be provided in addition to instruction normally provided to students in the grade level in which the student is enrolled;
•
be provided for no less than 15 total hours during the subsequent summer or school year; or 30 hours for students whose performance on the applicable test(s) was significantly below satisfactory or who fail a test in the same subject area for two or more consecutive years;
•
include instruction no less than once per week during the school year, with certain exceptions (unless offered fully during summer);
•
be provided to a student individually or in a group of no more than four students, unless the parent or guardian of each student in the group authorizes a larger group; and
•
to the extent possible, be provided by one person for the entirety of the student ’s supplemental instruction period.
Beginning in the 2024-25 school year, districts can use TEAapproved products that use an automated, computerized or other augmented method for providing supplemental instruction in lieu of some or all of the individual or group instruction required, as appropriate for the applicable grade level and subject area and a student’s academic deficiency. The commissioner may grant waivers from accelerated instruction requirements if certain conditions are met. A district must develop an accelerated education plan by the start of the subsequent school year for a student who fails a test for two or more consecutive school years in the same subject area. The plan must provide the necessary accelerated instruction to enable the student to perform at the appropriate grade level by the conclusion of the school year and for the student to receive at 30 hours of supplemental instruction for each consecutive school year in which the student does not perform satisfactorily on the applicable test. The plan can include expansion of the times in which supplemental instruction is available to the student; that the student be
Each district must establish a process allowing for the parent or guardian of a student who fails to perform satisfactorily to request that the student be assigned to a particular classroom teacher in the applicable subject area for the subsequent school year, if more than one teacher is available.
Test results release TEA must notify districts and campuses of test results no later than the 21st day after the administration date. The school district must disclose to each teacher the test results of the students that teacher taught.
Test details release On or before Sept. 1 each year, the commissioner must make available on the TEA website (https://goo.gl/H51dzi) the number of questions on the assessment instrument, the number of questions that must be answered correctly to achieve satisfactory performance, the number of questions that must be answered correctly to achieve satisfactory performance under the college readiness performance standard, and the corresponding scale scores for each of the state assessments.
Test release schedule Tests must be released every three years. TEA can defer releases to the extent necessary to develop additional tests.
Test security It is a class C misdemeanor to intentionally disclose any portion of a test that is likely to affect the individual performance of one or more students on the assessment.
Scheduling during STAAR testing period UIL competitions may not be scheduled on Monday through Thursday, or the last testing day, of the primary STAAR assessment week. This provision does not apply to retesting.
Optional electronic interim assessments The commissioner must adopt or develop optional electronic interim assessment instruments for each subject and for each grade level subject to assessment under the state assessment system; such assessments must be predictive of the applicable state assessment for that subject/grade level and may not be used for accountability purposes. 2023-24 TCTA Survival Guide
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YOUR STUDENTS Graduation requirements Foundation Program requirements
All students entering high school must enroll in the courses necessary to graduate under the Foundation Program and the courses necessary to earn at least one endorsement. Though the State Board of Education rules no longer require students to earn a speech communications credit, they do require that, to receive a high school diploma, each student must demonstrate proficiency in the major components of speech, including delivering clear verbal messages and applying valid critical thinking and problemsolving processes. Additionally, a new law requires the SBOE to require the teaching of informed patriotism and, when adopting TEKS for the foundation curriculum, adopt TEKS that develop each student’s civic knowledge. English — four credits: English I and English II are required. The third credit must be English III, a comparable AP English course that is not counting toward another credit, or a comparable IB course. The fourth credit may be chosen from a list of approved courses. Math — three credits: Algebra I and Geometry are required. The third credit may be chosen from a list of approved courses that includes Algebra II, Statistics and many CTE courses. Science — three credits: Biology, AP Biology or IB Biology is required. The other two credits may be selected from an approved list that includes Chemistry, Physics and many CTE courses; one credit must be earned from a lab-based course. Social studies — three credits: U.S. History Since 1877 (one credit), U.S. Government (one-half credit), and either Economics (one-half credit) or Personal Financial Literacy and Economics (one-half credit) are required. The third credit may be chosen from World History or World Geography, or a comparable AP or IB course. Languages other than English — two credits: These credits may be earned in any two levels of the same language or two credits in computer programming languages, including computer coding, to be selected from a list of courses adopted by SBOE, including Computer Science I, II and III. Upon completion of the first credit, if the student demonstrates an unlikelihood of completing the second credit, the student may substitute Special Topics on Language and Culture, World History or World Geography if there is no local district requirement for their completion; computer programming languages; or another credit listed for languages other than English. A student who successfully completes a course in American Sign Language in elementary school may satisfy one credit of this requirement. Physical education — one credit: Students may earn credit by participating in a private or commercially sponsored physical activity program offered on or off a school campus and outside of the regular school day, if approved by the commissioner of education. PE credit also may be earned through participation in athletics, JROTC, drill team, marching band or cheerleading. Students unable to participate in physical activity due to a disability or illness may substitute an academic elective credit or a course or activity offered by a school district that is developed
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with an institute of higher education and local business that will allow students to enter a career or technology training program in the region, an institute of higher learning without remediation, an apprenticeship training program, or an internship required as part of accreditation toward an industry-recognized certificate. Fine arts — one credit: The credit may be earned in a traditional fine arts course, in a course such as Digital Art and Animation or 3D Modeling and Animation, or other approved courses. Electives — five credits: These credits must be selected from an SBOE-approved list, a state-approved innovative course, a locally developed course or activity developed pursuant to the education code, JROTC, or driver’s education.
Endorsements Entering ninth-graders must choose and specify in writing which endorsement they intend to earn. A student may graduate under the Foundation Program without earning an endorsement only if, after the student’s sophomore year, the school counselor has informed the student and the student’s parent of the benefits of graduating with an endorsement and the parent then gives the counselor written permission (on a form adopted by TEA) for the student to graduate without earning one. The following endorsements are approved by TEA: • Arts and humanities • Business and industry • Multidisciplinary studies • Public services • STEM To earn an endorsement, a student must earn at least 26 credits. School districts may define advanced courses and a coherent
sequence of courses for an endorsement area. All endorsements require students to earn a fourth credit in both math and science. That fourth credit may be a college preparatory math course developed and offered pursuant to Texas Education Code Sec. 28.014. A student may not earn science credit in both Physics and Principles of Technology. A student must earn two additional elective credits to earn an endorsement. Each endorsement also has specific requirements. School districts are not required to offer all of the endorsements. If districts choose to offer only one, it must be the multidisciplinary studies endorsement. For more details, go to tcta.org/graduation_requirements.
Performance acknowledgments and distinguished level of achievement In addition to endorsements, student can earn performance acknowledgments in several areas including: •
outstanding performance in a dual-credit course;
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outstanding performance in bilingualism and biliteracy;
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outstanding performance on an AP test or IB exam;
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outstanding performance on the PSAT, ACT Aspire, the SAT, or the ACT; or
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earning a state-recognized or nationally or internationally recognized business or industry certification or license.
The acknowledgment will be noted on the student’s transcript. The requirements for the distinguished level of achievement are the same requirements to be eligible for admission to a public Texas university under the automatic top 10% law. A student must successfully complete four credits in math, including Algebra II; four credits in science; and the remaining graduation requirements; and earn at least one more endorsement.
Alternate graduation path Legislation passed in 2015 provides juniors and seniors who have failed up to two end-of-course exams with an alternate route to graduation. A school district or open-enrollment charter must form an individual graduation committee for each student that this legislation applies to, though a student cannot graduate under the law before the 12th grade. The committee includes the principal (or designee); the teacher of the course whose exam the student failed; the department chair or lead teacher for the teacher of the course; and the student’s parent, or a designated advocate, or the student if the student is at least 18 or an emancipated minor. In determining if the student is qualified to graduate, the committee must consider many factors, including the recommendation of the student’s teacher, the student’s grade in the courses of the exams failed, the actual score on the exams the student failed, attendance, and performance on such tests as the SAT, ACT, IB, TELPAS or TSI. To earn a diploma, the student must successfully complete all of the curriculum requirements for graduation. The committee must recommend additional requirements that must be completed for the student to graduate. These include additional remediation, completion of a project related to the subject area of the end-ofcourse exam the student failed, or a portfolio of work samples in the subject area of the course. The vote of the committee must be unanimous for the student to graduate, and the committee’s decision is final and not appealable. Lawmakers recently removed the expiration date for this alternative graduation pathway, and also authorized the commissioner of education to conduct a special investigation if 10% or more of a school’s students during a particular year are awarded a diploma through use of an IGC. See tcta.org/graduation_requirements for more information. 2023-24 TCTA Survival Guide
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YOUR STUDENTS Laws that impact the student-to-student relationship When a peer-to-peer student relationship crosses certain boundaries, students may face severe disciplinary action or criminal penalties. The Texas Education Code imposes requirements on districts for dealing with students who sexually assault, harass or bully other students. Legislation commonly known as David’s Law expands a school district’s role in off-campus cyberbullying and requires school districts to adopt certain practices and procedures to prevent bullying and cyberbullying. Legislation passed in 2019 provides more resources for teachers to recognize a student who is having an issue and potentially deal with the matter. Teachers should be aware of their responsibilities and liabilities in these situations.
A student may be placed in a disciplinary alternative education program or expelled for engaging in bullying that leads a student to attempt or die by suicide or by inciting violence against a student through group bullying. In the event that a student appears to be at risk of a mental health crisis or suicide, a threat assessment team may intervene in order to prevent the threat of injury or violence.
Bullying
Students and faculty members may be found culpable for hazing if they are part of any student organization or team. The law does not require that a student’s mental or physical health or safety be endangered for hazing to occur; for example, the law notes that forcing or coercing a student to consume drugs or alcohol to the point where a reasonable person would believe they are intoxicated qualifies as hazing.
David’s Law defines “bullying” as a single significant act or pattern of acts by one or more students directed at another student that exploits an imbalance of power and involves engaging in written or verbal expression or conduct that will have the effect of physically harming a student, damaging property or placing a student in fear of harm to themselves or their property, or is severe enough to create an intimidating, threatening or abusive educational environment. The definition of bullying includes cyberbullying and specifically states that it applies to conduct that occurs at school or a school-related activity, on a school bus, or off school property if the conduct interferes with the student’s educational opportunities or substantially disrupts the operations of the school. It also requires that a school district adopt a policy that includes procedures for a student to anonymously report an incident of bullying and for providing notice of an incident of bullying to a parent or guardian of an alleged victim on or before the third business day after the incident is reported. The parent or guardian of the alleged bully also must receive notice within a reasonable time after the incident. State law mandates that districts’ student codes of conduct prohibit bullying, harassment and “hit lists”; ensure that employees enforce the prohibitions; and provide methods for managing bullying and disciplining students. For example, a district must transfer a bullying victim, upon parental request, to a different classroom or campus. Also, a special education student may not be disciplined for such conduct until an ARD meeting has been held to review the conduct. District bullying policies must address prevention and mediation of bullying incidents that interfere with a student’s education opportunities or disrupt a classroom’s orderly operations. TEA must adopt minimum standards for a school district’s policy regarding bullying and district policies must comply with those minimum standards. The commissioner of education must require districts, through PEIMS, to annually report the number of reported bullying incidents that occurred at each campus and must require districts to also state the number of incidents that were cyberbullying.
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The law requires a school counselor to serve as an impartial, non-reporting resource for interpersonal conflicts involving two or more students, including accusations of bullying.
Hazing
Sexual assault
A student who is the victim of sexual assault or aggravated sexual assault by another student at the same campus must, upon parental request, be transferred to a different campus than the offender or to a neighboring school district. If the victim chooses not to transfer, the board must transfer the offender to a different campus, or to an alternative education program or juvenile justice alternative education program if there is only one campus in the district at that grade level.
Sexting
Electronic transmission of certain visual material depicting a minor via a practice commonly referred to as “sexting” is a criminal offense. A minor commits an offense by knowingly possessing or promoting by electronic means to another minor, visual material that depicts a minor engaging in sexual contact (which is broadly defined and may include some forms of nudity), if the actor produced the visual material or knew that another minor produced it. A school administrator who possesses the visual material in good faith due to an allegation of the offense of electronic transmission of material depicting a minor has a defense to the crime of possession of child pornography. To rely on that defense, the school administrator must allow law enforcement or other school administrators to access the material only as appropriate and take reasonable steps to destroy the material within an appropriate period. Since the defense applies only to administrators or law enforcement officials, teachers and other employees should avoid taking custody of such material and should call an administrator to deal with the material or device. The law also requires the development of programs that districts can use to address the legal, professional and social
consequences of sexting and make them available to parents and students in a grade level the district considers appropriate. A student may be placed in a DAEP or expelled for releasing or threatening to release intimate visual material of a minor or of an adult student without the student’s consent.
Reporting requirements related to electronic communications An employee designated by the principal, other than the counselor, may make a report to the school district police department or local law enforcement if, after an investigation is completed, the principal has reasonable grounds to believe that a student has engaged in conduct that constitutes an assault or criminal harassment by repeated electronic communications. A reporting person may include the name and address of each student the person believes may have participated in the conduct. A person who makes this report is immune from civil or criminal liability or discipline resulting from the report.
Sexual harassment The law pertaining to student-to-student sexual harassment states that sexual harassment is a form of gender discrimination. A parent may sue a school district under Title IX for studentto-student sexual harassment if severe, persistent and highly offensive sexual misconduct impedes a student’s access to the benefits of an education, and the school district, with actual knowledge of the harassment, acted unreasonably in failing to stop the misconduct. Because of this, school employees should pay attention to the following: •
School district policies prohibiting peer sexual harassment require that employees who have knowledge of non-minor sexual harassment must report the conduct to a principal or to the district’s Title IX coordinator. Most policies do not distinguish “minor” from “non-minor” misconduct.
Therefore, if any question exists, an employee should report as required to a principal or preferably to the Title IX coordinator. •
Sexual harassment can occur among students of the same or opposite gender. Some district policies define sexual harassment to include sexual misconduct directed at a student solely on the basis of orientation.
•
An educator is required to report sexual harassment, even if the victim asks the educator to not report it.
If peer harassment rises to the level of child abuse, failure to report such abuse to the Department of Family and Protective Services within 48 hours by calling 800-252-5400 may put a teacher in legal and employment jeopardy. Failure to report as required by district policy could expose a teacher to adverse employment and certification actions.
Dating violence
Each district must adopt and implement a dating violence policy as part of its district improvement plan. The policy must contain a definition of dating violence that includes intentional use of physical, sexual, verbal or emotional abuse to harm, threaten, intimidate or control another person in a dating relationship. The policy must address safety planning, enforcement of protective orders, alternatives to protective orders, training for teachers and administrators at each campus that instructs students in grade 6 or higher, counseling for students and awareness education. The law allows a juvenile court to defer criminal adjudication proceedings in a case of dating violence to allow the juvenile to attend a 12-week teen dating violence court program designed to educate children who engage in dating violence and encourage them to refrain from the conduct. TCTA members who are being harassed, are aware of harassment, or have questions on the requirements related to bullying or sexual assault should call the TCTA Legal Department at 888-879-8282. 2023-24 TCTA Survival Guide
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YOUR STUDENTS Student discipline and violence Student discipline and violence issues encompass a broad range of conduct, from isolated and minor disruption to violent behavior. Laws governing discipline and violence may alter your responsibilities regarding instruction and identification of students with significant behavioral or mental health issues, and may require you to make decisions that impact the health and safety of students and teachers. As always, if a situation arises where you feel concerned about your options and/or legal rights and responsibilities regarding student discipline and classroom safety, call TCTA’s Legal Department at 888-879-8282.
whether a student will be suspended, expelled or removed to a disciplinary alternative education program or juvenile justice alternative education program, regardless of whether the decision relates to a mandatory or discretionary removal. The SCC must also include provisions regarding actions that would result in a student’s removal from a school bus.
Student code of conduct
Discipline professional development
School districts and open-enrollment charter schools must develop student codes of conduct in conjunction with districtlevel and site-based decision-making committees. SCCs operate in conjunction with the discretionary and mandatory sanctions outlined in Chapter 37 of the Texas Education Code (see https://tinyurl.com/jbw8nfcz). Teachers can expect administrators and the board to enforce the student code of conduct. The law requires the student code of conduct to specify that consideration will be given to mitigating factors (self-defense, intent, disciplinary history, etc.) when determining
TEACHER REMOVAL OF A STUDENT • •
• •
• •
A teacher may send a student to the campus behavior coordinator to maintain effective classroom discipline. A teacher may remove a student from class after documenting repeated interference with the teacher’s ability to communicate with the class OR if the student engages in behavior so unruly, disruptive, or abusive that it seriously interferes with instruction. Following removal, the principal may place the student in a disciplinary alternative education program, in-school suspension, or another teacher’s class. A teacher must remove from class and send to the principal any student who engages in conduct for which the student must be placed in a DAEP or for which the student may or must be expelled. A conference must be held within three class days of the removal, during which time the student may not be returned to the regular classroom. A removed student cannot be returned to the teacher’s classroom over the teacher’s objection unless the placement review committee finds that the placement is the best or the only alternative. If the teacher removed the student from class because the student engaged in an offense of assault causing bodily injury against the teacher, the student may not be returned to the teacher’s class without the teacher’s consent. The teacher may not be coerced to consent.
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State law designates the SCC as the appropriate place for campuses to indicate if the use of progressive sanctions, and what those progressive sanctions will be, are the responsibility of the campus behavior coordinator (CBC). Administrators who oversee student discipline must, at least once every three years, attend training on school discipline laws, including distinctions between a principal’s discretionary discipline management technique and a teacher’s discretionary authority to remove a disruptive student from the classroom.
Teacher removal of students from class
State law gives teachers the means to protect the classroom environment. A state law initiated by TCTA requires each campus to have a designated campus behavior coordinator. This person may be the principal or other campus administrator selected by the principal, and will be the administrator primarily responsible for maintaining student discipline. Though district or campus policy establishes specific duties, the law states that a teacher may send a student to the CBC’s office to maintain discipline. The CBC must respond by using appropriate discipline management techniques that can reasonably be expected to improve behavior before the student may be returned to class. If the student’s behavior does not improve, alternate techniques must be used. Teachers can remove from class a student whose behavior has been documented by the teacher to repeatedly interfere with the teacher’s ability to communicate effectively with the students in the class or with the ability of the student’s classmates to learn. A teacher can also remove a student whose behavior is so unruly, disruptive, or abusive that it seriously interferes with the teacher’s ability to communicate effectively with the students in the class or with the ability of the student’s classmates to learn. A teacher can document any conduct by a student that does not conform to the student code of conduct and submit it to the principal. A district cannot discipline a teacher on the basis of such documentation, per a TCTA-initiated bill. Upon receipt of a request for removal from a teacher, a principal can assign the student to a DAEP, suspend or expel the student, or put the student in another teacher’s class. A teacher can refuse a student’s return to class, subject only to the right of the campus placement review committee to place the student back in the class as the best or only alternative placement. TCTA-initiated legislation ensures that a student may not be
REMOVAL TO DISCIPLINARY ALTERNATIVE EDUCATION PROGRAM (DAEP) •
•
•
•
• • • •
A school district must place in a DAEP, subject to consideration of mitigating factors, any student who, while on or within 300 feet of school property or while attending a school-sponsored or school-related activity on or off school property, engages in the following: 0 Conduct punishable as a felony; 0 Conduct containing the elements of the offense of assault causing bodily injury; 0 Conduct containing certain elements of the offense of harassment; 0 Selling, giving, delivering to another person or possessing, using or being under the influence of a controlled substance, a dangerous drug or an alcoholic beverage; 0 Commission of a serious act or offense while under the influence of an alcoholic beverage; 0 Possesses, uses, or is under the influence of, or sells, gives, or delivers to another person marijuana or tetrahydrocannabinol; 0 Possesses, uses, sells, gives, or delivers to another person an e-cigarette; 0 Sells, gives, or delivers to another person an alcoholic beverage, commits a serious act or offense while under the influence of alcohol, or possesses, uses, or is under the influence of an alcoholic beverage; 0 Conduct containing the elements of an offense relating to an abusable volatile chemical; or 0 Conduct containing the elements of public lewdness or indecent exposure. A student, whether or not on school property or at a school event, must be placed in a DAEP for engaging in conduct that: 0 Constitutes retaliation, i.e., harming or threatening to harm by an unlawful act a school employee on account of the employee’s job-related duties; or 0 Involves a public school and contains the elements of the offense of false alarm or report or terroristic threat. A student must be placed in a DAEP if, based on conduct occurring off campus and not in attendance at a school-sponsored or school-related activity, the student receives deferred prosecution for the felony offense of aggravated robbery or other violent offenses; a court or jury finds that the student has engaged in delinquent conduct that would include various felony offenses; or the superintendent or designee has a reasonable belief that the student engaged in the felony offense of aggravated robbery. A student may be placed in a DAEP if the superintendent or designee has a reasonable belief that the student, while off campus and not in attendance at a school-sponsored or school-related activity, has engaged in conduct defined as a felony offense, and the continued presence of the student in the regular classroom threatens the safety of other students or teachers or will be detrimental to the educational process. A student who is required to register as a sex offender must be placed in a DAEP or JJAEP for at least one semester. An elementary school student may not be placed in a DAEP with nonelementary school students. Students younger than age 6 may not be removed to a DAEP, unless they bring a firearm to school. When a student is removed to a DAEP, a conference is required within three days of removal. The school board or its designee must review a student’s status, including academic status, at least every 120 days. For high school students, progress toward graduation requirements must be reviewed and a specific plan developed.
returned to a teacher’s class without the teacher’s consent if the student had been removed by the teacher for assault causing bodily injury to the teacher. The teacher may not be coerced to consent, and the decision may not be overturned by a disciplinary review committee as with other removals. TCTA-initiated legislation provides that a student sent by a teacher to the CBC or other administrator’s office, or via a teacher removal from the classroom, is not considered to have been removed for the purposes of reporting data through PEIMS or other similar reports required by state or federal law.
Removal of students from school buses
A bus driver can send a student to the principal’s office to maintain effective discipline, and the principal must respond with appropriate discipline management techniques.
DAEP placement
The law identifies crimes for which teachers are required to remove students from class, and teachers can expect districts
to enforce the mandatory placement provisions. Sec. 37.006 of the Education Code identifies conduct that requires DAEP placement, including assault of a teacher. In some cases, a crime committed wholly apart from school, such as retaliation against a teacher, requires DAEP placement. Districts cannot assign a student younger than age 6 to a DAEP, unless the student brings a firearm to school. Schools cannot place elementary students with nonelementary students in DAEPs. Regardless of whether the disciplinary action is mandatory, the CBC must consider whether the student acted in self-defense, the intent or lack of intent at the time the student engaged in the conduct, the student’s disciplinary history, and whether the student has a disability that substantially impairs the student’s capacity to appreciate the wrongfulness of the conduct. Legislation passed during the 2023 session provides that if a student is subject to removal to the DAEP and the offense is related to marijuana, THC, e-cigarettes, alcohol, or abusable Continued 2023-24 TCTA Survival Guide
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YOUR STUDENTS volatile chemicals, the student may be placed in ISS if the DAEP is at capacity during the placement. If position in the DAEP becomes available during the student’s removal, the student must be transferred back to the DAEP.
Evaluation of DAEPs
The law requires DAEPs to provide for students’ educational and behavioral needs, and DAEPs’ educational mission is to enable students to perform at grade level. The commissioner of education, as required by law, adopted rules for the annual evaluation of DAEPs. Districts must administer a pre- and post-assessment of academic growth for students placed in DAEPs for 90 school days or longer. The instrument must be administered on the student’s initial placement and on the date of departure, or as near that date as possible. Procedures for administering the pre- and post-assessments must be developed and implemented in accordance with district policy.
Expulsion for serious criminal conduct
Chapter 37 of the Texas Education Code specifies when districts are required or allowed to expel students who engage in very serious crimes, such as aggravated assault, sexual assault, or drug and alcohol offenses.
Expulsion and continued education
In most counties of more than 125,000 people, districts must educate expelled students in a JJAEP. Education of expelled students younger than age 10 must occur in a DAEP. If a student transfers, the new district may continue the expulsion.
Expulsion from a DAEP
A district can expel a student from a DAEP if the student is documented to have engaged in serious misbehavior while in the DAEP, as defined by law, despite documented behavioral interventions. “Serious misbehavior” is defined as deliberate, violent behavior that poses a direct threat to the health or safety of others, extortion, conduct that constitutes coercion, public lewdness, indecent exposure, criminal mischief as defined by the Penal Code, personal hazing, or harassment of a student or district employee.
Considerations for out-of-school suspension
Districts and teachers are required to provide alternative means of receiving coursework in foundation courses to a student who has been placed in in-school or out-of-school suspension. The district must provide at least one option that does not require internet access. State law prohibits placing a student under grade 3 in outof-school suspension unless the student engages in certain serious behaviors listed in the Education Code. School districts and charter schools, in consultation with the campus behavior coordinator, may develop and implement a program that provides a disciplinary alternative for students under grade 3 whose behavior makes them eligible for out-of-school suspension according to the student code of conduct. The program must: • be age-appropriate and research-based;
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• • •
provide models for positive behavior; promote a positive school environment; provide an alternative disciplinary course of action that does not rely on the use of in-school suspension, out-of-school suspension, or placement in a DAEP to manage student behavior; and • provide behavior management strategies including positive behavior intervention/support, trauma-informed practices, social and emotional learning, any necessary referrals for services, and restorative practices. The law prohibits a district or charter school from placing a homeless student in out-of-school suspension except in the case of conduct including weapons, violence or drugs/alcohol on school property or during a school-related activity. The campus behavior coordinator can coordinate with the district’s homeless education liaison to identify appropriate alternatives.
Placement of registered sex offender
Pursuant to TCTA-initiated legislation, a student who is a registered sex offender must be placed in a DAEP or JJAEP for at least one semester. The placement is reviewed after one semester and annually thereafter by a committee that includes a teacher from the school the student would attend, the student’s parole/probation officer (if none, then a representative of a local juvenile probation department), an instructor from the AEP, a school district designee and a school counselor. If a student transfers to a different district during the required alternative placement period, the new district may require the student to complete an additional semester without reviewing the placement or may consider the time previously spent in a DAEP. The student’s placement in the AEP continues until it is determined that placement in the regular classroom is not a threat to students or teachers, will not disrupt the educational process, and is not contrary to students’ best interests. Placement of a student receiving special education services
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 or 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;
must be reviewed by the ARD committee, which may request that the district convene a placement committee to assist the ARD committee. If the student is not under court supervision, the district may place the student in a regular classroom, unless it is determined that such a placement is a threat to students or the teacher, will disrupt the educational process, or is otherwise not in students’ best interests.
Armed security guards and school marshals
New legislation passed in 2023 requires each school board to determine an appropriate number of armed security guards for each campus. The board must ensure that at least one armed security officer who is a commissioned peace officer is present during regular school hours at each campus. A district can apply for a good cause exception to this requirement if there is a lack of funding or qualified personnel. A person who is permitted to carry a firearm but is not a commissioned peace officer performing law enforcement duties may not perform law enforcement duties, including making arrests, except during an emergency presenting a risk of death or serious bodily injury to someone on the campus. School marshals, whose identities are kept confidential, are school employees with special training who may act as necessary to prevent or abate an offense that threatens serious bodily injury or death to persons on school premises. Marshals must be appointed by a school district’s board of trustees or the governing body of an open-enrollment charter school. There is no limit on the number of school marshals per campus. A school marshal may carry a concealed handgun on his/her person, subject to written regulations of the district or charter, or keep it in a locked and secured location. A school marshal may use a handgun they are authorized to carry or possess only under circumstances that would justify the use of deadly force. The Commission on Law Enforcement operates a training program available to any school employee with a license to
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)
carry a handgun and administers a psychological exam to determine fitness to carry out the duties of a school marshal. Districts and charter schools are immune from liability for damages resulting from a reasonable action taken by security personnel to maintain safety at a campus, including action relating to possession or use of a firearm, or by an employee with written permission by the district/charter to carry a firearm. Under the terms of the new law, “security personnel” includes a school district peace officer, school marshal, school resource officer or a retired peace officer who has been hired by a district, charter school, or private school to provide security services, or who volunteers to provide security services.
Citations and graduated sanctions
A school district peace officer, law enforcement officer or school resource officer may not issue a citation to a child who is alleged to have committed a school offense (an offense committed by a child enrolled in a public school on property under the control and jurisdiction of a school district) that is a class C misdemeanor, other than a traffic offense. However, the school may file a complaint against the child with a criminal court if it has developed a system of graduated sanctions that the child has failed to comply with or complete, or if the school district has not elected to adopt a system of graduated sanctions.
Notification to educators
Educators have the right to be notified about students under their supervision who have certain types of disciplinary or criminal history (see box above and page 50).
Right to report a crime
TCTA-initiated legislation clarifies that school district or openenrollment charter school employees may report any crime they witnessed at school to any officer with the authority to investigate it. Districts and charters cannot adopt a policy restricting this right or requiring employees to report only to certain people or officers. 2023-24 TCTA Survival Guide
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YOUR STUDENTS Student conduct: Required notice to educators & confidentiality 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 the agency 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 on page 49). 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
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contains the elements of the described offense.
Student transfers
New legislation passed in 2023 provides that when a student is enrolled at a new school, the receiving school shall be provided a copy of the child’s disciplinary record and any behavior threat assessment that the transferring school conducted. 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 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 re-enrollment. 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.
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.
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 an 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 an 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 an SLD. 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.” Recent legislation specifies that dyslexia is a specific learning disability (see page 3).
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 Special education teachers Federal law requires special education teachers to hold at least a bachelor’s degree, and to have obtained full certification by completing traditional or alternate preparation OR by passing the state special education licensing examination.
TCTA ONLINE TRAINING ON RTI 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. Federal law also provides that special education teachers are considered to have met this requirement if they are participating in an alternative route to certification program in which they: • receive high-quality professional development that is sustained, intensive, and classroom focused; • participate in intensive supervision that consists of structured guidance and regular ongoing support or teacher mentoring; • assume teacher functions only for a specified period of time not to exceed three years; and • demonstrate satisfactory progress toward full certification. Special education instruction can be provided only by properly certified professionals, even in disciplinary alternative education programs, open-enrollment charters, and Districts of Innovation. SBEC rules require that if a special education teacher is providing content instruction in a special education classroom setting, a valid certificate that matches the subject and grade level of the assignment is also required, or the teacher must demonstrate competency via the state’s high objective uniform state standard of evaluation (HOUSSE) for elementary and secondary special education teachers.
Paraprofessionals 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. State rules require aides who work with special education students to be certified.
Referral for special education services
State rules provide that students experiencing difficulty in the general classroom should be considered for all support services available to all students, including response to evidence-based intervention, but that a student is not required to be provided with interventions for any specific length of time prior to a referral being made or a full individual and initial evaluation being conducted. 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, Continued 2023-24 TCTA Survival Guide
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YOUR STUDENTS after an appropriate amount of time, the student is not making adequate progress. Further, state rules provide 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. 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. 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. Recent legislation requires that when dyslexia is suspected, a person with specific knowledge in the reading process, dyslexia and related disorders, and dyslexia instruction must serve on the IEP team
when determinations of initial eligibility are being made and any meeting at which a change in and/or continued eligibility is discussed, as in a re-evaluation. 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. This can be done 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 and must be provided to each teacher with responsibility for educating the student. State law 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.
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DISCIPLINE UNDER IDEA Removal/change of placement School officials can remove any child with a disability from a 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 the 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 IEP team (ARD 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 the child’s behavior is not due to a 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 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 a 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 themselves 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 themselves or others if returned to the regular placement.
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 Continued 2023-24 TCTA Survival Guide
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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.
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 such as running into the street, teach a skill, redirect attention, provide guidance to a location, or provide comfort.
Timeouts and seclusion
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 directs 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)
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 it 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 timeout due to a behavior specified in the plan, including a description of the behavior that led to the timeout. View the rules online at https://bit.ly/3jfW0uT.
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.
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.
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.
Resources for teachers of students with special health needs
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
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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.
YOUR BENEFITS 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, but to contact TRS directly for information about a specific situation. TRS is funded by contributions from the state, active members and school districts, as well as investment returns.
PENSION FUND CONTRIBUTIONS
(a percentage of salary/payroll)
State Active members School districts*
2023 8.25% 8.25% 1.9%
2024 8.25% 8.25% 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. Provisions regarding “entering the system” consider a person 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 who has at least 30 years of service credit but does not meet the Rule of 80, or who is at least age 55 with five or more years of service can opt for early retirement. 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
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YOUR BENEFITS 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 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 2021 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 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). “Half-time” is defined as up to 92 hours or 11 days in a calendar month. 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.
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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. 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 (2) retired teachers returning in a tutoring program facilitated by a nonprofit teacher organization. Districts must make contributions to TRS (16.5% of salary for the 2023-24 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. 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).
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.
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 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. 2023-24 TCTA Survival Guide
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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 2023-24, enrollment in the highest level, ActiveCare 2, continues to be limited to only those who were enrolled in that level in the previous year. ActiveCare is administered by Blue Cross Blue Shield with pharmacy benefits managed by Express Scripts. Full plan benefits can be found at https://www.bcbstx. com/trsactivecare/coverage/plan-highlights-2023-24.
Funding
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 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.
2023-24 ACTIVECARE RATES In 2023, the Texas Legislature appropriated $588.5 million to lessen the impact of premium increases to ActiveCare participants during the 2023-24 school year. This funding does not affect the state’s $75 per month contribution for health insurance. Districts may adjust their local contributions, as long as they continue to contribute at least $150 per month, which may affect the actual amount paid by employees. For details on ActiveCare rates for your region, go to https://www.trs.texas.gov/Pages/healthcare-trsactivecare2023-24-plans.aspx.
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.
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.
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.
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; Employees in some Central and North Texas counties can choose the Baylor Scott & White Health Plan.
Portability of insurance/continuing coverage
Retirees (TRS-Care)
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
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Details of the state’s health care coverage for retirees are available at trs.texas.gov. 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 Medicareeligible 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.
YOUR BENEFITS 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.
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/teacheremployment/financial-assistance.
Tuition/fee grants and exemptions 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, postbaccalaureate 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 highneed field pursuing a master’s degree and current or former teachers pursuing certification through a high-quality alternative certification route (note: additional requirements apply). Go to https://studentaid.gov/understand-aid/types/grants/ teach for details. Continued 2023-24 TCTA Survival Guide
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YOUR BENEFITS 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 • certified and 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. Participation in the program is limited to five years. The current application period is closed and will re-open in spring 2024. The teacher shortage areas for Texas are: •
Bilingual/English as a Second Language (Grades PK-12)
•
Career and Technical Education (Grades 7-12)
•
Technology Applications and Computer Science (PK-12)
•
English Language Arts and Reading (PK-12)
•
Mathematics (Grades 7-12)
•
Science (7-12)
•
Special Education (Grades PK-12)
The Educational 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.
Loan deferment/forgiveness
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.) 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. Income-driven repayment plans set your monthly student loan payment at an amount that is intended to be affordable based on your income and family size from 10-20 percent of your discretionary income. The repayment period is 20-25 years depending on the plan. Four federal income-driven repayment plans include: • Saving on a Valuable Education (SAVE) Plan • Pay As You Earn (PAYE) Repayment Plan • Income-Based Repayment (IBR) Plan • Income-Contingent Repayment (ICR) Plan Under all four plans, any remaining loan balance is forgiven if your federal student loans aren’t fully repaid at the end of the repayment period. If you’re making payments under an incomedriven repayment plan and also working toward loan forgiveness under the Public Service Loan Forgiveness Program, you may qualify for forgiveness of any remaining loan balance after you’ve made 10 years of qualifying payments, instead of 20 or 25 years. Qualifying payments for the PSLF Program include payments made under any of the income-driven repayment plans. Go to https://studentaid.gov/idr/ for more information. The federal student loan payment pause during the pandemic ended and payments resumed in October 2023. The Supreme Court issued a decision blocking the federal student loan forgiveness plan of up to $20,000 for eligible Pell Grant recipients and up to $10,000 for other eligible borrowers.
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.
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FEDERAL EDUCATION LAW 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.
Title I: Standards/Assessment/ Accountability/Educator Quality 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 state assessments and to explain how they will factor the 95% participation requirement — both for students overall and for each student group — into their accountability system. The State ESSA Plan provides that a participation rate of
less than 95% on statewide math and reading/language arts assessments will be included on the Closing the Gaps domain (the third domain in the state accountability system).
Special education students ESSA puts a state-level cap of 1% on the number of students with the most significant cognitive disabilities who can take an alternate assessment, which must be aligned with challenging state academic standards. However, ESSA also allows states to seek a cap waiver from the U.S. secretary of education. Although Texas has received a waiver from this cap in the past, it did not receive one for the 2022-23 school year.
English learners States must assess students in English who have attended school in the U.S. for three or more consecutive school years, unless the state determines, on a case-by-case basis, that administering assessments in another language would likely Continued 2023-24 TCTA Survival Guide
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FEDERAL EDUCATION LAW yield more accurate and reliable information regarding what the student knows, in which case they can do so for an additional two consecutive years. Texas chose to assess and report the performance of the student on state math/ELA assessments in the first year of enrollment in a school, but exclude the results of these assessments in the state accountability system in the first year; and include the results in the second year and beyond.
8th graders taking high school math exams ESSA allows states to exempt any eighth grader from taking the eighth-grade math assessment if the student takes an end-ofcourse exam that the state typically administers to meet the act’s high school math assessment requirements, and the student takes an EOC in high school that is more advanced than the EOC taken in eighth grade. Texas requires eighth graders taking the Algebra I EOC to take the SAT or ACT in high school.
Accountability ESSA requires that states adopt state accountability systems based on the challenging state academic standards for reading/ language arts and math, as well as on ambitious state-designed long-term goals for all students and separately for each subgroup of students. Texas uses Domain 3/Closing the Gaps of its 3-domain state accountability system to incorporate the accountability requirements of ESSA (for more information on the ESSA indicators in Domain 3, go to tcta.org/professionalresources/essa). Based on the performance of schools and subgroups in schools on the indicators, states are required to “meaningfully differentiate” public schools in the state on an annual basis. The state ESSA plan provides that the Closing the Gaps score will be computed based on a weighted average of the indicators computed using the number of points earned divided by the number of points available for each evaluated indicator.
Interventions ESSA requires that states identify the bottom-performing 5% of Title I schools and any high school failing to graduate at least 66.7% of students for comprehensive support and intervention. For purposes of determining the lowest-performing 5% of campuses, the Texas State ESSA Plan provides that schools will be identified based upon their accountability rating in Domain 3 of the state accountability system as follows: the weighted average for Domain 3 will be scaled to grades and rank ordered to identify the bottom-performing 5% of campuses. ESSA also requires that states annually identify any campus with one or more “consistently underperforming” student subgroups under the accountability system for targeted support and improvement. The Texas State ESSA Plan defines “consistently underperforming” as having at least one student subgroup that does not meet the same three interim benchmark goals for the Domain 3 indicators for three consecutive years.
Educator quality Teachers
One of the provisions eliminated by the Every Student Succeeds Act was the former NCLB requirement that all teachers of core academic subjects be “highly qualified.” Instead, ESSA requires that state-submitted plans contain assurances that all teachers and paraprofessionals working in schools receiving Title I funds meet applicable state certification and licensure requirements. The plan must also include a description of how low-income and minority children enrolled in these schools are not served at disproportionate rates by ineffective, out-of-field or inexperienced teachers, as well as the measures the state will use to evaluate and publicly report the progress of the state with respect to the above. The measure that TEA uses to evaluate and publicly report the progress of the state equity plan for teacher excellence is the Texas Equity Toolkit (texasequitytoolkit.org). The plan provides that various strategies will be used to address equity gaps with regard to access to excellent teachers, as well as insufficient training and support for teachers. Strategies will include continued support of the implementation of the Texas Teacher Evaluation and Support System (see pages 18-19) and the Educator Excellence Innovation grant program, as well as “lesson study,” a professional development process where teachers work collaboratively to develop, teach and assess research-based lessons.
Paraprofessionals ESSA requires states to continue the same professional standards for Title I paraprofessionals that were in place under the No Child Left Behind Act. For more information on paraprofessional requirements, go to tcta.org/professional-resources/essa.
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INDEX
ACE schools 34 Americans With Disabilities Act 31 Administrative leave 22-23 Admission, Review and Dismissal committee 53 Appraisal 18-19 Assessment 39-41 benchmark tests 39 calendar 40 end-of-course 39-41 failure 40-41 promotion requirements 40-41 release of tests, details 41 schedule 41 security 41 special education students 40 STAAR 39-41 Bullying 44 Certification 13-16 by exam 13 continuing professional education requirements 13-16 criminal background checks/ fingerprinting 15, 30 exam 13 failure to maintain 15 out-of-field assignment 13 out-of-state/country 14 renewal 13-16 Charter schools 17 Child abuse/neglect 33 Class size 28 Continuing professional education (CPE) 13-16 Contracts 9 Corporal punishment 26 Criminal background checks/ fingerprinting 15, 30 Criminal conduct of students 50 Curriculum 37-38 David’s Law 44 Diabetes management plan 30 Discipline 26, 44-50, 53-54 Disciplinary alternative education program (DAEP) 46-50 Districts of Innovation 34 District/campus partnerships 17, 34-35
Donation of surplus food 30 Drugs, psychotropic 30 Duty-free lunch 29 Dyslexia 3, 51 Electronic/social media/internet 8, 20 English learners 61 Evaluation, teacher 18-19 Every Student Succeeds Act (ESSA) 61-62 paraprofessionals 62 students 61 teachers demonstrating competency 61-62 special education 62 Fair Labor Standards Act 11-12 Family and Medical Leave Act 28 Family Educational Rights and Privacy Act 23, 24, 36 Foundation graduation plan 42 Government Pension Offset 59 Grading authority 24, 28 Graduation requirements 42-43 Grievances 22-24, 31 Hairstyles (CROWN Act) 30 Head lice reporting 30 Health insurance 58 Immunity from liability 32 Inclusion 53 Individualized Education Program 51-53 Individuals with Disabilities Education Improvement Act 51-53 Instructional day 25 Instructional materials 32 Job postings 32 Leave types 28 Legislative involvement 4-5 Mentor teacher 8 Military service 28, 57 Mortgage assistance 60 Nepotism 32 Nonrenewal 9 Nursing mothers 12 Nutrition policy 30 Overtime for paraprofessionals 11 Paperwork reduction 28 Paraprofessionals wages/rights 11-12
required qualifications 62 Parents complaints 7, 24 rights 37 Payroll deduction 32 Physical education 37 Planning/preparation 8, 23-24, 29 Pledge/one minute of silence 17, 29 Political activity/professional association membership 32 Pregnant Workers Fairness Act 31 Principal, meeting with 23 Professional development 25-27 Professionalism 7, 23-24 communication with students 8, 20 electronic/social media/internet 20 Promotion requirements (student) 40 Psychotropic drugs 30 Resignation 9 Restraint 54 Retirement — See Teacher Retirement System Salary schedule 10 School board, communication with 31 School marshals 49 School safety 27, 35 School year (length, start date) 25 Sexual assault, harassment 44-45,48 Site-based decision-making 6 Social networking/electronic media 20 Social Security 59 Special education students 51-54 ARD committee 53 assessment 40, 51 discipline 53 eligibility and referral for services 51-53 inclusion 53-54 Individualized Education Program 51-52 Individuals with Disabilities Education Act 51-53 referral 51 restraint 54 Specific learning disability 51 STAAR 39-41 Staff development 25-27
State Board for Educator Certification 13-16 Students assessment 39-41, 61-62 code of conduct 46, 50 corporal punishment 26 criminal conduct 50 diabetes management plan 30 discipline 26, 46-50, 53-54 expulsion 46-50 Family Educational Rights and Privacy Act 23-24, 36 parental rights 36 peer grading 36 promotion 40 records, confidentiality of 36, 50 relationship with peers 44-45 with teachers 7, 23 removal from bus 47 removal from class 46-50 search 37 sex offender 20, 48 special education 51-54 suspension 46-50 Threat assessment 35 Teacher Retirement System 55-58 calculation of benefits 56 contributions 55 disability 55 early retirement 55 health insurance 58 partial lump sum option 56 retire/rehire 56 service credit 57 standard annuity 55 Testing — See Assessment Texas Essential Knowledge and Skills 37-38 Texas Examination of Educator Standards 13 Texas Teacher Evaluation and Support System 18-19 Textbooks 32, 36 Tuition aid (for teachers) 59-60 Use of force 26 Windfall Elimination Provision 59
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Texas Classroom Teachers Association PO Box 1489 Austin, TX 78767-1489 888-879-8282 | tcta.org
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WE’LL HELP YOU STAY ON COURSE! Inside this Survival Guide you’ll find up-to-date information on education-related topics for Texas teaching professionals. This guide is put together by our staff attorneys and lobby team to help members understand their rights and responsibilities as educators. We encourage you to read it, keep it and refer to it throughout the school year. TCTA offers so much more than professional liability insurance coverage. Members also benefit from access to experienced staff attorneys at no extra cost, our top-ranked teacher lobby team, our award-winning publications, and our first-class service. Tell your colleagues about your experience and help them make The Educated Choice® to join TCTA.