The Classroom Teacher | Spring 2021

THE MAGAZINE of the TEXAS CLASSROOM TEACHERS ASSOCIATION Spring 2021 | Volume 40 | Number 4

Educators adapt amid challenges ALSO INSIDE: Closed doors at the Capitol | Maximizing your retirement Understanding the Teacher Incentive Allotment program | Vaccination rules

PRESIDENT’S MESSAGE

A year like no other

O

ne of my favorite things about being an educator is that no two years are the same. Each year has a first day and last day of school, but what happens in between those days is different from every other year. You can be in the same classroom, teach the same subject, or move to the next grade with the same students, but each year will have its own story.

A few of my years in education have been affected by natural disasters and historical events. Hurricane Katrina brought an influx of students to my classroom with no educational records who were suffering from the trauma of losing everything. The terrorist attacks on 9/11 brought fear and patriotism to my classroom. When I decided to run for TCTA president-elect and eventually become president, I naively thought the 2020-21 school year would be defined by my role as state president. I couldn’t have been more wrong.

Our world as we knew it forever changed in March 2020. Early reports said we would be in isolation for a few weeks and then everything would go back to normal.

As we all know, things did not go as planned. Eventually, schools moved to virtual learning. It was a huge adjustment for teachers, students, and parents, but we did it.

Zoom became and continues to be a normal part of our workday. How many of you wish you had bought stock in Zoom pre-COVID? I know I do daily.

As a high school counselor, I had seniors who needed to stay on track to graduate.

I used a Google voice number to call and/or text my students to stay in contact with them. I made appointments to meet with students via Zoom whenever it was convenient for them. I met with one student at 11 p.m. after her shift at a fast-food restaurant ended. I also had students and parents who needed emotional support.

At least once a week I spoke with these students and parents to do what I could to help them cope. It made for an interesting final nine weeks of school in 2020, but we made it.

During my summer break, I tried to prepare myself for returning to school in July as my contract required. I ordered rubber gloves, cleansing wipes, masks, face shields and hand sanitizer. The closer my return date got, the more my anxiety worsened.

How would we handle new student registration? Would they allow students to enter the building and sit in my office? Would they wait in lines? I didn’t know the plan and the unknown was making my mind work overtime. When we returned to school, I was relieved to find out we would be doing new registration electronically and by phone or Zoom.

To start the 2020-21 school year, my district, like many others, was virtual. Our teachers and staff were on campus, but they were teaching remote learners. As a counselor, I was doing what I always do, but it was through Zoom or by phone.

Never in a million years would I have thought I would complete a suicide risk assessment on a student by phone, but because of COVID-19, I have. As the year has gone on and some of our students voluntarily returned to campus, I have provided social, emotional and academic support as best I can in person and virtually.

At TCTA, COVID also made us rethink how we do almost everything as an organization. Most of our staff has worked from home since March 2020. Thankfully, a new phone system had been purchased before the shutdown so our ability to communicate with members across the state continued without a hitch. As state president, I had to make some difficult decisions. First, rather than gathering in groups across the state, we turned our summer regional workshops into three virtual meetings in July. We had greater participation than in-person events in previous years, including many first-time workshop attendees. Then, in February, we held a virtual convention, with our delegates voting remotely for the first time in TCTA history.

While we all missed being together, we were able to conduct business, elect new Continued on page 23 2

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Texas Classroom Teachers Association PO Box 1489, Austin, TX 78767-1489 Office hours: 8 a.m. to 5:30 p.m., weekdays Phone: 888-879-8282 Fax: 512-469-9527 Website: tcta.org

2020-21 Executive Board President

Twila Read, Grand Prairie President-Elect

Sherry Miller, Killeen Immediate Past-President

Albert Mosqueda, San Benito Budget

Melody Young, Sherman Curriculum & Instruction

Vacant

Governance

Eleanore Malone, Tyler Legislation

Cristal Isaacks, Levelland Membership

Vacant

Professional Rights & Responsibilities

Joyce McCurdy, Wichita Falls Teacher Personal Services

Nydia Alvarez-Alonzo, Mission

Staff Contacts Executive Director

Jeri Stone

General Counsel

Lonnie F. Hollingsworth Jr. Associate Executive Director

Ann Fickel Attorneys

Jeri Stone Lonnie F. Hollingsworth Jr. Dohn Larson Holly Eaton Michael Currie Gerald Francisco Julie Leahy Paige Bruton Williams Business Office

Park Brigtsen

Communications

M. Clare Haefner Legislation

Paige Bruton Williams Lonnie F. Hollingsworth Jr. Ann Fickel Holly Eaton Pamela McPeters Membership

Persie Ngo-Hatchie Professional Development and Advocacy

Holly Eaton

Services Corporation

Jan Lanfear

About TCTA

The Texas Classroom Teachers Association is an independent association for Texas teaching professionals that was founded in 1927. TCTA is based in Austin and is the only statewide teachers association that limits active-level membership to those directly involved in classroom teaching or teaching support.

CONTENTS

Spring 2021 | Volume 40 | Number 4

DEPARTMENTS

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4

Teachers overcome pandemic challenges

President’s Message

On the Cover

TCTA News & Notes

Last March, almost every aspect of school was upended. No one anticipated the pandemic that has reshaped our lives in countless ways in and outside the classroom. We’ve all learned a lot in the past year — from new technologies and ways of teaching, to how to smile with our eyes and stay connected while maintaining proper distance — but some things endured, especially the resiliency and resolve of educators.

7 Planning Ahead

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Washington Watch

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Legal Notes

FEATURES

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Closed doors at the Capitol The early days of a legislative session are much like the beginning of a new school year. It’s great to walk through the doors, see everyone you’ve missed and meet the new players. A positive energy prevails, arising from the hope that this could be a great year.

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Understanding the TIA There are two main parts to the Teacher Incentive Allotment program: one is that teachers are identified and

paid in part on student growth; another is that teachers who have National Board Certification automatically receive a “Recognized” rating along with teacher incentive allotment earnings.

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Convention delegates elect state leaders Instead of traveling to Austin, delegates logged on to Zoom to attend TCTA’s 2021 Virtual Convention in February. State President Twila Read of Grand Prairie presided over the meeting as delegates elected statewide officers and authorized staff to begin the process of reviewing and updating TCTA’s governance documents.

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 © 2021. 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 available for $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.

Spring 2021 | THE CLASSROOM TEACHER

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TCTA NEWS & NOTES

Secret Service releases report on plots to attack schools Students whose plots to attack schools were stopped demonstrated the same types of troubled histories as those who carried out attacks, according to a new study by the U.S. Secret Service’s National Threat Assessment Center.

These students were badly bullied, often suffered from depression with stress at home, and exhibited behavior that worried others. The study examined 67 thwarted school plots nationwide from 2006-2018 in K-12 schools.

In analyzing 100 students responsible for threats, researchers said all of the plots were serious planned attacks in which the plotters took some initial steps toward carrying them out. The informants who alerted authorities likely saved lives. “The findings demonstrate there are almost always intervention points available before a student resorts to violence,” said Dr. Lina Alathari, the center’s director, in a statement.

Researchers hope schools use the information from this study, which follows up on a 2019 report, to be better equipped to deal with the warning signs and prevent attacks.

“The study found expelling students doesn’t eliminate the risk,” said Steven Driscoll, one of the authors. Instead, the key is to address bullying, provide mental health support and assess the impact of stressors in the home. “No students should fall through the cracks.”

The largest number of thwarted plots, 11, came in 2017. Many of the attacks were planned for April, the same month as the Columbine High School attack in 1999. Most of the schools targeted were public high schools. Attacks were planned in 33 states, with 37% in suburban areas, and 14% in cities.

The plotters were overwhelmingly male. Only five were female, according to the report. Most were motivated by grievances that usually involved peers and bullying. Many were suicidal or suffered from depression. More than half had been impacted by adverse childhood experiences like substance abuse at home or parental mental health issues, and many had intended to kill themselves as part of the attack.

But most importantly, the researchers said, about 94% talked about their attacks and what they intended to do in some way, whether orally or electronically, and 75% were detected because the plotters talked about them. About 36% were thwarted within two days of their intended attacks.

“First and foremost, targeted violence is preventable if communities can identify warning signs and intervene,” Driscoll told the Associated Press in late March.

“The primary objective is providing a student with help as early as possible.”

Go to tcta.org/node/15699 to download the full report.

Online training and free resources to support students Course reviews strategies to help students with significant cognitive disabilities learn

The Region 13 Education Service Center is offering a free, selfpaced online course to help educators better meet the needs of students with significant cognitive disabilities. “Building a Foundation for Supporting Students with Significant Cognitive Disabilities” covers the five quality indicators of effective practices for working with these students and aligns with the rubric of effective practices. Complete the course and earn 18 CPE credit hours. Go to https://ecampus.esc13.net/ to register.

Tools help teachers provide specialized support The Inclusion in Texas Network has been working to develop accessibility and specialization tools that will help teachers more easily provide supports to their students. Each accommodation has a drop-down menu that provides links to free tools that can help provide the accommodation or 4

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specialization. Topics include minimizing distractions, text to speech, vocabulary, and reading and math content supports.

Additional resources will be added. Go to https://www. inclusionintexas.org to explore the tools.

TCTA NEWS & NOTES

TCTA gets quick response from TEA on TELPAS concerns Shortly after TCTA sent a letter to Commissioner Morath in February requesting that he clarify to the field that TELPAS writing samples do not need to be handwritten, and that the TELPAS testing window be extended, TEA issued an updated Spring 2021 Assessment Guidance doing exactly that.

TEA answered a frequently asked question in its Feb. 25 guidance: “Can TELPAS writing samples be collected for students who are receiving remote instruction?” TEA’s response was “Yes, writing samples should reflect authentic classroom instruction, including remote learning in the current environment; therefore, writing samples may be typed or handwritten.”

Another Feb. 25 FAQ: “How long are the extended testing windows for spring and summer 2021?” TEA’s response was “The testing window for all TELPAS tests (listening, speaking, reading, and writing) has been extended to a 14-week window (Feb. 22–May 28).”

The Texas English Language Proficiency Assessment System is a state standardized assessment that TEA created to annually assess the progress that English learners make.

Students are assessed in four language domains — listening, speaking, reading and writing. The collection of writing samples as part of TELPAS is required in grades 2-12.

TCTA is greatly appreciative of the commissioner’s responsiveness to TCTA members’ concerns about their ability to collect the writing samples required by TELPAS, given the varied learning environments students are experiencing due to the pandemic.

TEA extends deadline to complete K-3 reading academies until end of 2022-23 school year House Bill 3 passed in 2019 requires all classroom teachers and principals in grades K-3 to complete reading academies.

While the target for completion was the 2021-22 school year, the Texas Education Agency now plans to propose rules allowing districts through the 2022-23 school year to train current staff. All K-3 teachers and principals must register for the literacy academies, but there are some exemptions and additional options. For more information, go to tcta.org/ node/15394.

Technology issues disrupt STAAR writing, English exams TEA advised local districts to cancel the first day of STAAR testing in April after technology issues prevented most students from accessing the online test system. Grade 4 writing, grade 7 writing, and the English I end-of-course exams were affected.

“We understand the frustration this has caused students, parents, teachers and administrators. What happened today is completely unacceptable,” TEA’s Student Assessment Division said in a statement. “We are working to ensure that our students do not experience future testing issues.”

TEA said no further disruptions were reported when testing resumed the next day. ETS holds the current STAAR contract, but TEA will use a new vendor, Cambium Assessment, starting with the 2021-22 school year as it transitions to fully online testing by the 2022-23 school year.

The technology problems are among the reasons many

teachers, parents and educator groups, including TCTA, called on state officials to cancel the exams this year. But Education Commissioner Mike Morath, state lawmakers and even President Joe Biden said testing should take place to gather data on the pandemic’s impact on student learning. Morath said the information will help districts address learning loss.

TEA, however, has applied for waivers from federal accountability standards and will not issue A-F ratings this year. It also requested a waiver from federal requirements that at least 95% of students participate in the state assessment.

STAAR results also will not be factored into promotional requirements for fifth or eighth graders this year. While STAAR end-of-course requirements remain in place for graduation, individual graduation committees can choose to let seniors meet alternative standards.

Districts can also seek waivers from teacher appraisals that rely on student test results.

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TCTA NEWS & NOTES

Survival Guide wins Best in Category at TSPRA Star Awards

College Board ending SAT subject tests and optional essay in July

TCTA’s Survival Guide and The Classroom Teacher magazine won Best in Category and received a Gold Star at the Texas School Public Relations Association 2020 Star Awards Banquet in February.

The College Board will discontinue the optional essay component of the SAT and all SAT subject tests beginning in July as it prioritizes creation of a new digital version of the SAT.

TCTA won three more Gold Stars — for the eUpdate newsletter, and the 2020 TCTA Convention postcard and delegate handbook — and one Silver Star for the 2019 Christmas card.

“Writing remains essential to college readiness and the SAT will continue to measure writing and editing skills, but there are other ways for students to demonstrate their mastery of essay writing, and the SAT will continue to measure writing throughout the test,” the College Board said.

Texas to start testing for lead in drinking water at public schools

First-year teachers must complete survey on preparation by June 15

Amid new federal requirements, the Texas Commission on Environmental Quality will begin testing for lead and copper in drinking water at elementary schools and child care facilities. The new mandate emerged from the water crisis in Flint, Michigan. The state has until January 2024 to meet all requirements, and TCEQ officials are still establishing methods and seeking funds.

New teachers under a standard certificate must respond to a survey about their preparation at the end of their first year of teaching. The information gathered will assist TEA in improving the experience for teacher candidates through educator preparation programs. First-year teachers were emailed links to the survey on April 1 and must complete it by June 15. For more information, go to https://tinyurl.com/2wn8t5w4.

The College Board cited the pandemic as the catalyst for these changes, saying it “accelerated a process already underway” to simplify demands on students.

Share your success with us! Were you chosen as your campus Teacher of the Year? Did you win an award or receive grant funding? Email communications@tcta.org and tell us about your recognition so we can share it in The Classroom Teacher.

Saturday SPOTLIGHT

Join TCTA staff on Zoom to discuss current education issues, legal topics, membership and more. We’ll provide updates and leave time for questions.

Watch for more information on upcoming sessions and links to sign up in eUpdate, on Facebook and Twitter, and at tcta.org/spotlight.

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PLANNING AHEAD

Take steps now to maximize your retirement

W

hile Texas teachers don’t have the most generous school employee benefits in the country, the defined benefit retirement plan under the Teacher Retirement System is a benefit that many private sector employees would envy. But because most Texas teachers don’t qualify for Social Security (or if they do, their benefit is reduced*), it is especially important to take steps to maximize their TRS annuity.

Work more, make more

As a defined benefit plan, TRS promises to pay its members a specified amount of money through a calculation based on years of service credit and salary. In a defined benefit plan, the longer you work and the more money you earn, the higher your retirement income.

There are two key variables in the retirement formula — your years of TRS service credit and your salary. (The formula is in the shaded box.) Increasing your years of credit, your income, or ideally both, will have a positive effect on your future retirement checks.

Reaching retirement eligibility represents the point at which an employee is eligible for the standard TRS benefit. But that doesn’t mean it’s the best time to retire.

Retiring later will pay off

Many teachers are burned out after 30 years in the classroom. Many choose to retire in their 50s and early 60s, and for some it may be the best decision. But it is important to understand the financial consequences of retiring early.

One thing many younger retirees don’t think about is the cost of health insurance.

TRS-Care for retirees who are under age 65 and thus not Medicare-eligible is

considerably more expensive than when you are able to access Medicare coverage.

Retiring in your 50s will mean a smaller net check until you turn 65.

If you can stick it out, it makes financial sense to continue working.

Each year adds 2.3% to your calculation.

Any annual raise, to the extent you can count on that in your district, can also affect the calculation. See the shaded box for an example of a teacher whose highest salary averages $60,000. After 30 years (assuming there is not a penalty for under-age retirement) the person would earn a normal benefit of $41,400 per year. Working just three more years — even without any increase in salary — raises that by more than $4,000 per year, to $45,540.

Consider taking on additional responsibilities If the employee in the example above increased their average salary by working summer school or taking a position that included a stipend for additional responsibilities, the impact of the extra time would even more beneficial: raising the average salary by $3,000 would add another $2,000+ in the above example.

Note that the extra money will only count in the retirement formula if those

How to calculate your TRS service credit (Years of service credit) X (2.3%) X (average of 3 or 5 highest years of salary, depending on the TRS tier you qualify for) = TRS benefit 30 years times 2.3% = 69%.

69% times $60,000 = $41,400 Find your TRS tier in the TRS Benefits Handbook at https:// tinyurl.com/fw3krsvu.

The basic criterion for TRS retirement eligibility remains the Rule of 80: years of service credit plus age must total at least 80 to be eligible for normal retirement. For certain TRS tiers, a minimum age of 60 or 62 also applies — these employees can retire upon reaching the Rule of 80, but there is a penalty for each year of age shy of the required 60 or 62. years are among your highest-salaried. If, like most people, your highest-earning years are at the end of their career, any opportunity to increase your pay in your last few years will further boost your TRS check. (Note that TRS places limits on the amount by which your total salary can increase for retirement calculation purposes, but they are relatively high and typically affect administrators or those moving from a teaching position to an administrative position.)

Continued on page 23 Spring 2021 | THE CLASSROOM TEACHER

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WASHINGTON WATCH

American Rescue Plan Act injects over $123 billion into schools

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he American Rescue Plan Act of 2021, signed into law on March 11, provided a third round of COVID-relief funding ($122 billion) to states and school districts to support the reopening of K-12 instruction and the continuity of in-person educational services. The bill also included $3 billion for special education, $2.75 billion to support non-public schools and funding for homeless children and youth.

The Texas Education Agency was allocated $12.4 billion under the American Rescue Plan’s Elementary and Secondary School Emergency Relief Fund, sometimes referred to as ESSER III. Since March 2020, over $193 billion has been allocated to K-12 schools through three versions of ESSER funds (in March 2020, December 2020 and March 2021). Institutions of higher education received over $76 billion and an additional $10 billion was provided to governors to spend on K-12 or higher education. By comparison, the annual funding appropriated to the U.S. Department of Education is about $75 billion.

What’s new

Provisions in the newest round of emergency K-12 educational funding included a requirement that state education departments disburse funds to local school districts in a “more timely manner,” targeting within 60 days. Each local district is required to reserve at least 20% of its allocation to address learning loss through interventions such as summer learning and extended day/ after-school programs, with the assurance that the programs address the academic, 8

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social and emotional needs of student subgroups disproportionally impacted by the COVID-19 pandemic. This would include students from low-income backgrounds, students of color, students with disabilities, English learners, students experiencing homelessness, and students with inadequate access to technology.

A Maintenance of Effort requirement remains on a state level, but extends through fiscal year 2023, and a new Maintenance of Equity requirement will be assessed on the state and local levels to ensure that any cuts to state funding in FY2022 and FY2023 for “high-need” school districts are less than the overall reduction in state funding across all districts in the state, on a per-student basis.

Notably, the Biden administration flexed a bit of muscle in the latest round of federal relief funds provided to school districts by requiring them to publish their plans for “the safe return to in-person instruction and continuity of services” within 30 days of receiving American Rescue Plan funds. Districts, including those in Texas, would be able to use existing plans to satisfy this requirement, but those without in-person plans would be on the clock to reopen.

A separate pool of money in the American Rescue Plan set aside for the U.S. Department of Health and Human Services provides for expanded COVID-19 testing in schools. Coupled with President Joe Biden’s prioritization and expanded access of vaccinations for adults, an aggressive push has been made for public schools to reopen safely and quickly.

Reopening schools

While districts in Texas have been required to offer in-person instruction throughout the 2020-21 school year, at the end of March, a federal survey found that only about half of all public schools nationwide were open for full-time, inperson instruction. The U.S. Department of Education expects this number to continue to rise through the end of the school year, and it will encourage this through updated guidance and bestpractices documents, webinars and other outreach.

The new Secretary of Education, Miguel Cardona, is standing firm on the need to conduct standardized testing this spring, but allowing modifications, such as shortened tests, online exams or extending testing dates. The Biden administration has not wavered in its position to assess the learning loss that has occurred this past year — to inform and more effectively plan for the 2021-22 school year.

This article is provided by Van Scoyoc Associates, TCTA’s retained lobby firm in Washington, D.C.

LEGAL NOTES

Exploring COVID-19 vaccination’s impact on educators

R

est assured readers, this is not “just another COVID article.” Instead, we are going to discuss the emergency use authorization of COVID-19 vaccinations, and the vaccines’ impact on teaching in the fall. The fluid situation of the pandemic has resulted in an unprecedented level of uncertainty about the return to work this fall.

Evolving guidelines from both the state and federal level, sometimes in conflict, have left school district employees wondering what the new school year will look like. Districts are handling this situation differently, and employees have many questions regarding COVID-19 vaccinations.

Here are some common questions and concerns that school district employees are facing, along with a short history of developments over the past several months.

How we got here

When vaccinations began at the end of 2020, Texas educators could only receive vaccines if they were age 65 or older,

or had certain medical conditions that made complications more likely if they contracted COVID-19.

By mid-February, the U.S. Centers for Disease Control and Prevention revised vaccination guidelines. The changes, put in place under President Joe Biden, recommended that state, territorial, local and tribal officials give high priority to teachers. That prompted the Texas Department of State Health Services to expand eligibility to all school employees on March 2.

Texas further expanded eligibility in late March to include all adults (16- and 17-year-olds are eligible for the Pfizer vaccination).

Vaccines for children have not yet

received FDA authorization, though Moderna and Pfizer both have clinical trials underway and anticipate approval later in the year.

What is emergency use authorization?

The FDA’s emergency use authorization process was put in place to allow for quick medical countermeasures in the event of public health emergencies, such as the coronavirus pandemic. EUA streamlines the formal process to allow use while trials are ongoing. It is a different approval process than the FDA vaccine licensure.

As of mid-April, three COVID-19 vaccines have received emergency use authorization from the FDA: Moderna, Pfizer and Johnson & Johnson. The Moderna and Pfizer vaccines require two doses, while J&J is a single shot.

A fourth, created by AstraZeneca that is in wide use in Europe, is likely to seek FDA emergency authorization in the coming weeks.

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Teachers overcome pandemic challenges

L

ast March, almost every aspect of school was upended. No one anticipated the pandemic that has reshaped our lives in countless ways inside and outside the classroom.

We’ve all learned a lot in the past year — from new technologies and ways of teaching, to how to smile with our eyes and stay connected while maintaining social distance — but some things endured, especially the resiliency and resolve of educators.

This year has been a “whirlwind of learning experience and adventure,” says Omar Esson, a second and third grade teacher in Killeen ISD. “So many rollercoaster moments, from absenteeism coupled with higher expectations, to uncertainty that created insurmountable anxieties, yet we pressed on as educators because that’s what we do.”

Innovative thinking, improvisation and collaboration helped Esson and his colleagues create dynamic and engaging lessons for virtual and in-person learners.

“I listened to my students and kept in constant communication with my parents whenever it was

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possible,” he said. “I survived because teaching is what I love and do and helping kids succeed is my way of life.”

Like many teachers across Texas, Nancy Hale has juggled in-person and virtual learners since September when Farmersville ISD began the 2020-21 school year.

Disruptions last spring meant Hale had to start by reteaching lessons her sixth graders should have learned in fifth grade before beginning her usual math curriculum.

“My students have been like sponges all year, soaking up everything I teach them,” Hale said. “Every day when I see that determination in their eyes to not let the pandemic be an excuse for them, that’s what spurs me on to continue teaching.”

Calling her 31st year in the classroom a challenge is an understatement. She had to how learn to create video lessons for remote learners, use Google Classroom to post and manage assignments, and find ways to connect with students she had never met in person.

She also had to handle students who flipped from inperson to remote learning and back again throughout

“Every day when I see that determination in their eyes to not let the pandemic be an excuse for them, that’s what spurs me on to continue teaching.” — Nancy Hale the year. Sometimes it felt like she was in her first year of teaching again. She said the challenge has been invigorating. It’s also been exhausting.

“But, as teachers, we modify, shift, pivot, turn, and re-create ourselves into whatever it takes to reach our students,” she said. “I am so very proud of my students for their determination, hard work, and perseverance.

They inspire me every day.”

She inspires her students, too. Hale was named Teacher of the Year at Farmersville Junior High this year. Despite the challenges she faced, her principal told Hale she made it look easy.

But this year hasn’t been easy. Tara Williams, a selfcontained special education teacher in Katy ISD, started the year learning how to use Canvas to manage her classroom while adjusting to teaching a new grade level on a new campus. Connecting virtually with her students was a challenge. “I made an effort to ask all of my students questions about themselves,” Williams said.

“Not only does this foster a language-rich environment but it built the foundation for the connections we’ve built throughout the year.”

She learned to establish a routine while being flexible.

“The main thing that kept me going was knowing how much my students missed school when it was shut down. ... School is one of their primary social outlets,” Williams said. “I put aside fear and doubt and focused on making sure that they were safe and happy and learning. As a result, we’ve had a great year.”

Williams says adapting during the pandemic has made her a better educator.

“I’ve learned that nothing is as scary as I imagine it Continued Spring 2021 | THE CLASSROOM TEACHER

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is,” she said. “And everyone, regardless of age, label, or title, needs help, accommodations, or modifications for something. A little grace goes a long way.”

At first, teaching in a pandemic scared Lilliana De Leon. With new programs like Google Classroom and Jamboard to learn and so many unknowns, she said she often felt like a rudderless ship in the middle of the ocean. But after the initial panic subsided, she decided nothing — not even COVID-19 — would stop her from pursuing her passion for teaching.

She relied on her mentors and colleagues in PharrSan Juan-Alamo ISD to guide her through the storm.

Together they learned to be patient and encourage one another as they faced the challenges of virtual teaching.

“After many sleepless nights, headaches, erasing assignments, or not being able to use Pear Deck, I have learned that teaching is teaching, and not even the pandemic could separate me from teaching reading and writing to my students,” De Leon said.

Melissa Fasolino said she experienced a lot of trepidation when Belton ISD administrators told 12

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“I am so grateful for all teachers who have chosen to take on this responsibility this year because our students need us more than ever right now.”

— Melissa Fasolino teachers they’d be returning to campus. With elderly parents and a young grandchild, she didn’t want to put her family at risk.

As guidelines changed daily in the fall, “no one really knew what to expect,” she said, but her administrators kept the lines of communication open, inviting school employees, parents and the community into the conversation until they came up with a hybrid learning plan that worked.

While many students were excited to return to school and amazed her with their ability to adapt, Fasolino said some of her virtual learners struggled with isolation.

“I have always been a nurturer, but this experience has required teachers to find creative ways to reach students at home and pull them back into their classrooms,” she said.

Building relationships over Zoom and getting remote and in-person learners to participate in conversations in her AP English class was challenging.

“One day in particular stands out,” Fasolino said. “I assigned a poem, ‘Dover’ by Theodore Roethke. The speaker’s first line describes the ‘inexorable sadness of pencils’ and appears to be a mundane poem about office supplies/spaces. Of course, there is so much more to the poem, but my remote students were so affected by this poem, that I turned the entire classroom focus on their discussion that day.

“My face-to-face learners were mesmerized by the connections the remote learners were making to this poem, which in fact deals with loneliness and isolation,” she said. “I’ve always loved this poem, but that day, it became the catalyst and opened the door of communication between all of my students. It was raw,

emotional and real. And students in the classroom began to understand why inclusion of the remote students was so incredibly important.”

Helping students connect and engage to build a learning community amid the pandemic has made Fasolino a better teacher.

“Our students need us more than ever right now. They need to know there are people beyond their homes who care for them and pull them back into the world outside the four walls of their bedrooms, living rooms, or whatever workspace they have claimed,” she said. “I am so grateful for all teachers who have chosen to take on this responsibility this year because our students need us more than ever right now.”

While we hope rising vaccination rates bring a return to a more traditional school year in the fall, we can’t say with certainty what classrooms will look like in August.

We also don’t know how long it will take students to recover the learning they’ve lost. But, as this school year has shown us, we will endure and endeavor to overcome whatever challenges we face.

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CLOSED DOORS COLLABORATION HARDER AT THE CAPITOL THIS SESSION

T

he early days of a legislative session are much like the beginning of a new school year.

It’s great to walk through the doors, see everyone you’ve missed and meet the new players. A positive energy prevails, arising from the hope that this could be a great year.

At some point during the session, inevitably, the mood breaks. Plans fall apart. No one is getting what they want.

Legislators and lobbyists alike get cranky.

Most of the players still enjoy pursuing the mission, but the experienced ones are reminded that it never quite works out the way they had hoped.

The breaking point came early this session, due in large part to the difficulties of communicating and collaborating during a time of shutdowns and distancing. Just getting into the Capitol building is a hassle. Senate rules require a negative COVID test or proof of vaccination before entering certain areas of the Capitol, so there are testing tents at the north entrance to the building. Military personnel outfitted in camo direct visitors to the testing areas and check vaccination cards.

Those who pass muster are given the paper wristband that assures access to committee rooms and legislative offices.

LITERAL & FIGURATIVE ROADBLOCKS

Advocacy usually involves going from office to office, initially making connections, then checking in frequently.

Your TCTA lobby teams spends much of the session working with staffers on bill progress, resolving problems, answering questions, drafting amendments, providing background and research, and sometimes just exchanging information. Casual conversations about goings-on at the Capitol can provide insight into why things are happening the way they are.

While some legislators and staff remain accessible, many office doors 14

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left out of the loop. This perception is most apparent in the circumstances surrounding the COVID-19 federal relief funds that Texas schools are expecting.

WHERE ARE THE FEDERAL FUNDS?

Inside the Capitol this session, many office doors post signs about mask requirements and note that visits with lawmakers are by appointment only. throughout the Capitol are closed, some even locked, and probably not only to protect against COVID-19. Why deal with people who want something from you, or who disagree with you, if you don’t have to?

Deliberations are harder to participate in, or even to monitor. Some of the work is being done by phone or Zoom, which makes it easier for decision-makers to exclude those who have differing views. Even when at the Capitol, there are fewer colleagues in the committee hearing rooms because of distancing requirements. Information is exchanged in overflow rooms and hallways — to the extent you can find people who will talk. We’re working harder than ever to maintain the relationships we’ve built up over the years, but there is little of the easy camaraderie or casual gossip that has always helped smooth the path for the real work.

There is a sense this year that, even more than in a normal legislative session, negotiations are taking place behind closed doors. However and wherever these discussions are happening, they are not accessible to stakeholders and even some legislators appear to be

Lawmakers were relieved to learn early on that the Texas economy was not as hard-hit as expected and massive budget cuts would not be necessary to fully fund the commitments in HB 3, last session’s school finance reform bill.

Budget and education leaders promised at the beginning of the session that school funding was a top priority, and both the House and Senate versions of the appropriations bill maintain HB 3 funding.

But even more money has come into play. The first COVID relief package passed by Congress in March 2020 included $1.2 billion in federal funds (the Elementary and Secondary School Emergency Relief fund, or ESSER I) for Texas, but rather than using it to benefit schools, state leaders backfilled holes in the budget. ESSER II, passed in December 2020, included $5.5 billion more for Texas schools, and it was followed by ESSER III in March 2021 and $12 billion more. Now, $17.5-plus billion dollars is designated for public education in Texas. The Congressional relief packages also included large sums of money for other sectors of government, including health services.

Tens of billions of additional federal COVID relief funds directed to education and other areas of the budget should have been cause for celebration.

But instead, state leaders sat on those funds, keeping plans under wraps, and the few legislators who spoke up with questions and concerns weren’t getting good answers. Reportedly, many lawmakers not in leadership positions were hardly even aware of the issue.

TCTA and other groups have been stymied in our efforts just to see some

Senate rules require a negative COVID test or proof of vaccination before entering certain areas of the Capitol, so there are testing tents at the north entrance to the building.

WE’RE WORKING HARDER THAN EVER TO MAINTAIN THE RELATIONSHIPS WE’VE BUILT UP OVER THE YEARS, BUT THERE IS LITTLE OF THE EASY CAMARADERIE OR CASUAL GOSSIP THAT HAS ALWAYS HELPED SMOOTH THE PATH FOR THE REAL WORK. of the state’s communications with the federal government. Texas has requested a waiver of some provisions of ESSER III, but apparently the request was made through the governor’s office, not TEA, and attempts to find out exactly what the state asked for have been thwarted.

Districts are in the middle of their budget planning process, trying to figure out how to address the learning and

social disruptions from the previous year, without any information about how much money they will receive from the federal government, when it will arrive, and what they can spend it on.

Meanwhile, legislators are hammering the public schools over missing and disengaged kids and the “COVID slide.”

At print time in late April, there was still no clarification on the distribution

of funds, but it is our hope that by the time you’re reading this magazine we will have more information. Be sure to check eUpdate and tcta.org for the latest.

OTHER ISSUES

In the absence of a major school reform effort like last session’s HB 3, it seems that the education-related bills Continued Spring 2021 | THE CLASSROOM TEACHER

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moving through the process are random.

Their subject matter ranges from school bus signal lights to pre-K eligibility for foster students. Unsurprisingly, though, some of the session’s education issues are united by a COVID theme.

COVID-19 BILLS

One bill we’re watching closely is directly related to the federal funds issue. HB 2021 by House Appropriation Committee Chair Greg Bonnen would give a small group of legislators the authority to make decisions over how those tens of billions of COVID relief dollars should be used. There are concerns that too many strings could be attached to how school districts could access or spend their money, without regard to local circumstances. The board would even have the ability to reject the federal funds entirely. It would be preferable for funds to be distributed to districts as soon as possible, with any decisions that might need to be made at the state level involving the full legislature.

A handful of bills moving through the legislative process address retirees returning to work as a means of supplementing the regular teacher workforce, as districts gear up supplemental programs to help students falling behind due to the pandemic. A tutoring program set up by a retired teacher organization has received legislative attention and approval. Related legislation (SB 1356 by Sen. Bryan Hughes) is designed to facilitate the program, which helps coordinate retirees working with school districts to tutor students online who need additional instructional help.

Another bill (HB 3207 by Rep. Abel Herrero) would remove the returnto-work limitations for retirees who are employed in an area declared as a disaster. And though this did not involve a bill, several lawmakers asked TRS to allow retirees to work full-time this summer so they can help with projected high enrollment numbers in summer school; TRS adopted an emergency rule at its April meeting to accomplish this.

Many superintendents are asking for an expansion of state laws that allow virtual education so that it can remain an 16

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In a typical session, the gallery in the Senate is full of spectators. But this year, chairs are marked to ensure social distancing and few people stop to listen in. option — and qualify for state funding — even after schools are fully opened for in-person instruction. HB 1468 by Rep. Keith Bell would allow districts to offer a “remote learning program” of synchronous virtual courses. TCTA has asked that any such bill include provisions to prohibit districts from requiring teachers to provide both virtual and in-person instruction during the same period, and at the time of publication, the Bell legislation does include such language.

One bill addresses some concerns about the provision of special education services during the pandemic. SB 89

by Sen. Jose Menendez would require districts to prepare a supplement to a student’s IEP that notes whether the child’s full evaluation or initial IEP was completed during the 2019-20 or 2020-21 school year, and if so whether it was completed by the required date; and whether the child’s special education services were interrupted, reduced, delayed, suspended or discontinued during those school years.

TRS

In addition to the TRS bills noted above that relate to COVID-19 issues, a few other TRS bills are on the move.

HB 1575 by Rep. Stan Lambert and SB 706 by Sen. Eddie Lucio are similar Sunset bills for the Teacher Retirement System. The bills include proposals designed to improve TRS communications with retired and active school employees, including the creation of an ombudsman position within the agency and a requirement that TRS develop an outreach program to help members more effectively plan for retirement.

The bills would revise the penalties against retirees who violate return-towork limitations — currently retirees are penalized in the amount of their full TRS check for any month in which they exceed the limitations, but the Sunsetrecommended language would make the penalty the lesser of the TRS check or the retiree’s salary for the month.

Other bills also address the penalties for exceeding the TRS return-to-work

limits. HB 3787 by Rep. Jay Dean would allow anyone retiring before Jan. 1, 2021, to return to work full time (after sitting out at least a full calendar month) without jeopardizing their TRS annuity.

HB 2109 by Rep. Gene Wu and SB 288

by Sen. Kel Seliger revise the penalty for working more than the allotted time by creating a “three strikes” system that begins with a warning, then a lesser penalty, before finally penalizing the retiree’s full TRS check or the salary earned in the relevant month.

Retirees are asking legislators for an increase in their benefits. Since the legislature approved increases in the contributions from the state, districts and active employees last session, the system has become actuarially sound and a small benefit increase is feasible.

However, some lawmakers may not want to push the system close to unsoundness again by passing a benefit increase and would prefer to wait until the retirement fund has been stable for another couple of years. HB 3214 by Rep. Giovanni Capriglione, would provide a 6% cost-ofliving increase (capped at $100/month) for retirees who retired between Aug. 31, 2004, and Aug. 31, 2021. HB 3507

by Rep. Glenn Rogers would provide a “13th check” in the amount of the regular monthly annuity, but no more than $2,000, for retirees who retired as of Dec. 31, 2020.

TEACHER TRAINING

TCTA has pushed for years to streamline teacher training and professional development requirements.

Lawmakers tend to address important student issues such as mental health, substance abuse and suicide prevention through additional teacher training, without regard to teachers’ individual professional growth needs. TCTA participated as a subgroup lead in the Teacher Workforce Workgroup convened by the Lieutenant Governor’s Office prior to the session with the goal of eliminating duplicative requirements and reviewing the frequency of the required training.

The group made several recommendations, culminating in legislation filed by Sen. Royce West (SB 1267) and Rep. J.M. Lozano (HB

3804). The bills are designed to establish fewer but more meaningful teacher requirements, enabling teachers to more freely select training opportunities that are relevant to them. There has been some pushback from advocacy groups concerned that the proposal will reduce the emphasis on their particular area of concern, but TCTA has repeatedly testified that the bill simply removes duplicative training, and those areas will still be included in required teacher training.

STANDARDIZED TESTING

Leading up to the session there was some hope that either the Biden administration, Texas Education Commissioner Mike Morath, or the Texas Legislature would suspend STAAR testing, understanding that test results in such an unusual year would not be valid and would cause further anxiety to already stressed students and teachers.

Commissioner Morath made clear early on that he would not suspend testing (though he did suspend school district rankings for the year and removed the fifth and eighth grade STAAR promotion requirements), and Biden’s Secretary of Education Miguel Cardona announced that while the federal government would allow some flexibility in how and when tests could be administered, there would be no suspension.

Realistically, it would have been very difficult to pass a bill early enough in the session to affect this year’s tests, even if there was support to do so. There have been some efforts to curb testing for future years. Several bills have been filed that would reduce STAAR testing to only the subjects required by federal law, eliminating writing and social studies exams and, in at least one of the bills, replacing end-of-course exams with a nationally recognized assessment such as the SAT or ACT. HB 1603 by Rep. Dan Huberty would continue indefinitely the use of individual graduation committees for students who fail to pass the end-ofcourse exams required for graduation.

The IGC law has up to now had a twoyear expiration date, which lawmakers have extended each session. HB 999 by Rep. Diego Bernal also concerns IGCs

but is limited to high school students affected by the “COVID years” — this year’s sophomores, juniors and seniors.

It would allow formation of an IGC for a student without first requiring the student to fail end-of-course exams multiple times.

CHARTER SCHOOLS

Despite ongoing concerns about charter school expenditures, and evidence that as a group they underperform traditional public schools, efforts continue this session to expand and relax the laws that govern them. A priority bill in the Senate, SB 28 by Sen. Paul Bettencourt, would limit the ability of the State Board of Education to veto the commissioner’s approval of a charter school, which has always been an important check on the creation of new charter schools. It would also create an appeal process for certain charters whose applications were denied and exempt many charters from zoning laws. HB 3610 by Rep. Barbara Gervin-Hawkins would exempt charters from state property taxes, thereby reducing taxable property values and property tax revenue for local governments.

COUNSELOR TIME

Sen. Eddie Lucio files legislation each session to ensure that counselors are given the time to actually be counselors, and we hope that this is the year he is successful. His SB 179, which has passed the Senate, would require school boards to adopt policies that ensure counselors spend at least 80% of their time on counseling duties. Assistance with test administration would not count as counseling duties.

COMING FULL CIRCLE

The end of the session will come around the same time as the end of the school year. Just as our members do for their students each year, TCTA will continue fighting the good fight for teachers, and hope we will have good news to report when it’s all over after Memorial Day. Be sure to check our website and emailed eUpdates for regular reporting on the legislative session, and keep an eye out for our end-of-session wrap-up this summer.

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IN THE CLASSROOM

Understanding the Teacher Incentive Allotment program

T

he Teacher Incentive Allotment/local teacher designation system was one of numerous programs in House Bill 3, the comprehensive school finance bill passed in the 86th legislative session in 2019.

There are two main parts to TIA: one is that teachers are identified and paid in part on student growth; another is that teachers who have National Board Certification automatically receive a Recognized rating along with teacher incentive allotment earnings.

For the aspect of the program in which teachers are identified and paid in part based on student growth, eligible districts must have adopted a local teacher designation system designating a certified classroom teacher as a Master, Exemplary, or Recognized teacher for a five-year period based on the results of single or multi-year appraisals that comply with T-TESS or a locally developed appraisal process as well as student growth.

TEA rules provide that the district utilize student growth measures such as: • Value added measures based on STAAR or other normed, valid tests • Student learning objectives • Student portfolios • Pre- and post-tests Assessments used to measure student growth must be valid and reliable, and implemented with fidelity, according to vetted testing protocols.

The funding available for the teacher incentive allotment varies by designation: • Recognized teachers: $3,000 to $9,000 per teacher • Exemplary teachers: $6,000 to $18,000 per teacher • Master teachers: $12,000 to $32,000 per teacher Districts with designated teachers serving at rural schools and schools with high levels of socio-economic need will receive higher allotments. For example, the allotment for an Exemplary teacher at a rural school with the highest level of socio-economic need would receive $18,000.

Teachers holding National Board Certification are automatically awarded a Recognized designation, regardless of whether their school district has a local teacher designation system in place.

However, a key point, regardless of how the designation is earned, is that the funding does not go directly to the

designated teacher. Rather, the funding goes to the teacher’s school district, with the requirement that the district must use at least 90% of the funds for teacher compensation on the campus where the designated teacher works.

Twenty-six districts were approved for the first Cohort (A) to offer teacher designation systems in 2019-20. The program distributed about $40 million to around 3,650 teachers across the state for the 2019-20 school year (as part of the settle-up process in September 2020).

More districts started the process of creating local designation systems in 2020-21, and others plan to begin in 2021-22. Go to tcta.org/node/15679 to see if your district is on the list

Nationally, about 3% of teachers are National Board certified, but only about 0.3% of Texas teachers held certification as of 2019. That number is rising with the TIA program.

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EARNING NATIONAL BOARD CERTIFICATION Three hundred and twenty-seven National Board-certified teachers were automatically awarded Recognized status in 2019-20, generating anywhere from $3,000 to $9,000 for their district (as noted previously, the amount depends on the socioeconomic status of the students and the campus’ rural status).

Among them is TCTA member David Walker, a science teacher at LASA High School in Austin ISD, who earned National Board Certification in 2017.

Walker talked about the certification process during a session at TCTA’s 2021 Virtual Convention in February, saying there are many reasons to pursue certification, “from helping your teaching practice, to helping your students, to actually getting more money from both the state and your school district potentially.” (Go to members.tcta.org and log in to view the session recording and earn 1.5 hours of CPE credit.)

Since 1987, the National Board of Professional Teaching Standards has certified teachers who demonstrate that they can meet and maintain high and rigorous standards for the profession. There are five core propositions: 1. Teachers are committed to students and their learning.

2. Teachers know the subjects they teach and how to teach those subjects to students.

3. Teachers are responsible for managing and monitoring student learning.

4. Teachers think systematically about their practice and experience.

5. Teachers are members of learning communities.

“A large part of becoming National Board certified is obtaining a lot more information about who your students are and what their needs are,” Walker said.

To apply, teachers must hold a bachelor’s degree and have at least three years of teaching experience in the subject area for which they are seeking certification. Walker said applicants are put into cohorts and must complete objectives in four component areas within three years to earn certification: • Content Knowledge Assessment • Differentiation in Instruction • Teaching Practice and Learning Environment • Effective and Reflective Practitioner The process requires testing, videos and written components, along with a portfolio. He said the process showed him that he was already a good teacher, meeting many of the standards the National Board requires. But it also helped him identify areas to improve and forced him to analyze why he taught lessons a certain way.

“Overall, it really helped my practice,” he said. “I had fallen into kind of a cycle of repeat when I was pursuing this. ...

Every year, we are busy with a lot of other things in our lives, and so it’s very easy to say, ‘I’m just going to teach the same stuff next year. Sweet.’

“But (National Board certification) helped me not be satisfied with that, and it really motivated me as part of finishing the certification program to dig into my teaching and think about how to improve it,” he said.

Walker is currently working on recertification. Once every five years, two of the four component areas must be completed again.

Nationally, about 3% of teachers are National Board certified, but only about 0.3% of Texas teachers held certification as of 2019. That number is rising with the TIA program.

Three hundred more National Board teachers are expected to earn designations in 2020-21 in Texas. However, to automatically receive the designation, NBCTs need to make sure they have registered with a Texas address in the NBCT directory.

TEA also offers NBCT fee reimbursement. These funds can be used to reimburse even those teachers who received National Board Certification in the 2019-20 school year. Go to tcta.org/node/15679 to find links with more information.

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CONNECT WITH US!

Twila Read

TCTA 2021 VIRTUAL CONVENTION

WELCOME DELEGATES! The Representative Assembly meeting will convene shortly.

Sherry Miller

2021 TCTA Convention delegates elect statewide officers in virtual session

I

nstead of traveling to Austin, delegates logged on to Zoom to attend TCTA’s 2021 Virtual Convention on Feb. 26-27. State President Twila Read of Grand Prairie presided over the meeting as delegates elected statewide officers and authorized TCTA staff to begin the process of reviewing and updating TCTA’s governance documents.

The following members were elected to two-year terms on TCTA’s Executive Board: • Eleanore Malone of Tyler, president-elect • Jennifer Hutchinson of Hays CISD, Governance Committee chair • Cristal Isaacks of Levelland, Legislation Committee chair • Debra Helbert of Lamar CISD, Membership Committee chair • Sharron Wood of Little Cypress-Mauriceville, Professional Rights & Responsibilities Committee chair • Joyce McCurdy of Wichita Falls was elected to a one-year term as Curriculum & Instruction Committee chair to fill a vacancy.

New terms begin June 1 when Sherry Miller of Killeen takes office as state president for 2021-22.

Several District Coordinating Councils also elected district directors: • District 1: Carmen Garza of Pharr-San Juan-Alamo

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• • • • • • • •

CONNECT WITH US! District 3: James Garcia of Victoria District 4: Dawn Hopkins of Lamar CISD District 9: Holly Lucas of Wichita Falls District 13: Natalie Tatsch of Gonzales District 15: Brec Espinoza of Brownwood District 16: Christina Johnson of Amarillo District 17: Sandi Hansen of Lubbock District 19: Scott Berkenpas of Socorro

Ruben Chavez of Edcouch-Elsa and Stephanie Granado of McAllen were elected during the convention as DirectorsAt-Large for one-year terms beginning June 1.

Eleanore Malone

Sharron Wood

Cristal Isaacks

Jennifer Hutchinson

Joyce McCurdy

Debra Helbert

CPE SESSION REWIND

Convention delegates also earned continuing professional education credit hours by attending six CPE sessions on Feb. 27 and March 6.

• Monica Martinez shared a variety of online tools and tips to help educators “Design and Plan for Hybrid Learning.” She also demonstrated how cloud-based collaborative work can help reduce teacher workloads.

• In “Inspired Educator, Engaged and Connected Learner,” Jen Stanchfield offered ideas to enliven hybrid, remote and in-person classes with socialemotional content. She demonstrated active, learner-centered engagement techniques to enhance involvement, reflection and retention.

• Pitting “Hollywood vs. Science,” TCTA member Joy Lin demonstrated how to use superheroes to teach students about scientific principles. The dynamic presentation includes clips from Marvel’s “Ant-Man” and Lin’s superhero series produced for TED Ed. • TCTA member David Walker shared his experience in “National Board Certification Recognition and Compensation.” His insights into the process will help others seeking certification to earn funds for their campuses as more districts implement the Teacher Incentive Allotment program. (Read more on page 18.)

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Members of TCTA’s lobby team — Holly Eaton, Ann Fickel, Pamela McPeters and Paige Williams — shared a “Legislative and Current Events Update,” focusing on key education issues and TCTA’s priorities for the current session. (Read more on page 14.)

Dohn Larson, TCTA’s Director of Legal Services, and staff attorneys Michael Currie, Gerald Franciso and Julie Leahy provided an update on COVID-19’s impact on student performance and employee rights. The presentation focused on health guidance, seeking accommodations, COVID leave and vaccination requirements. (Read more on page 9.)

LOG IN AND WATCH NOW

All six videos are available for on-demand viewing in the CPE Online Video tab at members.tcta.org. You’ll also find links to resources, such as websites, slides and other handouts, under the video player.

Log in to watch them and print/save your certificates.

Be sure to record your session using the link under “Available Actions” before you watch to ensure you get credit. Then check out the other videos in our collection. Members can access over 70 hours of video on various topics.

Have a topic you’d like addressed in a future CPE session? Email communications@tcta.org to let us know.

Spring 2021 | THE CLASSROOM TEACHER

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LEGAL NOTES Continued from page 9

Do I have to get a COVID-19 vaccine?

The FDA requires that anyone who receives a vaccination gets informed about the nature of the EUA. Specifically, there is an obligation to “ensure that recipients of the vaccine under an EUA are informed … that they have the option to accept or refuse the vaccine.” This information must be communicated to recipients of the vaccines, who then can accept or refuse to get the vaccine.

Further, the Texas Education Agency says school districts cannot require employees to get a COVID-19 vaccine as a condition of continued employment because the vaccines received emergency use authorization.

Can districts offer incentives for vaccination?

While vaccination is voluntary, districts can encourage employees to get COVID-19 vaccines. Some districts in Central Texas have offered teachers bonuses with proof of vaccination.

This financial incentive has allowed some district to reach a higher number of employees being vaccinated. Still, you should not have any employment ramifications related to your refusal to get the vaccine.

Can my district ask me if I’ve been vaccinated?

Yes The inquiry into whether you have or have not been vaccinated is not a disability-related inquiry. This means that an

TEA says school districts cannot require employees to get a COVID-19 vaccine as a condition of continued employment because the vaccines received emergency use authorization. employer can ask you if you have been vaccinated.

The legal issues arise if you say that you have not been vaccinated, and the employer asks follow-up questions as to why. When an employer begins inquiring as to why you have not been vaccinated, that may be a disability-related inquiry.

That type of inquiry is subject to the ADA standard that these issues and inquiries must be “job related and consistent with business necessity.”

Any request to disclose such information would arguably violate the Americans with Disabilities Act. Also, the district could potentially be in violation of the ADA by regarding someone as disabled, or not, based upon the vaccine information that may or may not be provided.

This article is not intended as legal advice. If you encounter any problems or have questions, please call the TCTA Legal Department at 888-879-8282 to speak with a staff attorney.

Plan your summer adventure and save!

Take advantage of TCTA’s cost-saving programs as you map out your summer fun. Log in at members.tcta.org to find deals on theme parks, movie tickets, sports and more.

Save on car rentals with Alamo, Avis and Budget. Reserve hotel rooms with participating Choice Hotels or Wyndham Hotels & Resorts, which include La Quinta properties.

Explore the savings today and make the most of your membership!

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PRESIDENT’S MESSAGE Continued from page 2 officers and set our legislative priorities for the current session.

One thing the pandemic has highlighted is something I already knew — teachers are amazing and resilient.

You have done it all this year. You have sanitized desks between classes. You have taught lessons with students in your room as well as those at home through Zoom. You have shared your concerns for students’ well-being with administration and counselors, showing you are building relationships despite the pandemic. You have updated a seating chart daily for contact

tracing. You have held virtual parent conferences and had your students complete TELPAS writing samples. The list goes on and on.

I personally want to thank all of you for what you have done for your students during the pandemic. I hope you all have an uneventful end to the school year and enjoy your summer break. You deserve it.

2020-21 State President Twila Read is a guidance counselor in Grand Prairie ISD.

PLANNING AHEAD Continued from page 7

Avoid quitting before the fall semester ends

School employees can earn a full year of TRS service credit by only working a partial year. If you leave mid-year but are not yet retiring, you must work at least 90 days during the school year to receive a year of service credit, and the 90-day count starts on Sept. 1. If the partial year is the one in which you are retiring, you can leave after the first full semester (even if less than 90 days) and receive a year of credit, as long as you work or have paid leave for each day of the semester. If at all possible, take advantage of this perk to ensure that you receive service credit for any year in which you have worked.

Check your TRS record

TRS and your school district occasionally make mistakes. You should receive an annual statement from TRS every fall. Check it to see if TRS’s records — particularly regarding your years of service credit — match your own. There are deadlines for correcting any mistakes, and failing to verify credit for a year that was left out of your record can be an expensive mistake.

Remember to factor in deductions

Can you live on your TRS annuity?

Every teacher’s situation is different. Some may have a second job, a healthy savings account, or a spouse with a generous retirement package. Some will receive a military pension or have family money. But even if you have a seemingly stable retirement plan, you should imagine a worst-case scenario (a market crash virtually eliminates your family’s retirement savings, for example) and determine whether your TRS check would provide the retirement security you want — potentially for decades.

Remember this: There is no assurance that your TRS annuity amount will ever increase. And your living costs almost certainly will.

•

Don’t forget about deductions from your TRS check. TRSCare costs vary depending on the plan you are in. Also, you have choices regarding your beneficiaries who might receive benefits after your death. The options that pay more to beneficiaries will lower your check. This is not an argument for or against any particular options — just a reminder to factor in those choices when determining whether you can afford to live on the check you receive.

•

Things that don’t make a difference

•

• •

In any given year, working more than 90 days doesn’t increase your amount of service credit. You either get the year of credit or you don’t.

Working summer school doesn’t increase your service credit, only your compensation for the year. It is not

•

possible to earn more than one year of service credit in a year’s time.

Additional pay such as summer school or stipends doesn’t affect your retirement if the year you earned it is not among your highest years of salary. Only your top 3 or 5 years (depending on your TRS tier) are included.

Your service record years, used to determine where you are placed on the state minimum salary schedule, are not the same thing as your years of TRS service credit and do not impact your retirement formula.

Returning to work after retirement can bolster your income, but it does not affect your actual TRS check.

That amount is fixed (subject to any subsequent benefit increases that may be approved by the Legislature) when you retire.

Contributing to Social Security through a separate job can improve your overall retirement income if you qualify for Social Security benefit, but whether you receive benefits or whether you are subject to one of the federal penalties* doesn’t affect the amount of your TRS benefit.

*Note: Two federal laws reduce Social Security benefits for government employees, including Texas school employees, who do not pay into Social Security. The Windfall Elimination Provision reduces Social Security benefits for those who have earned them through other employment; the Government Pension Offset reduces (and sometimes eliminates) spousal benefits that a school employee might otherwise be entitled to through their spouse. For more information, go to tcta.org/node/11506.

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Texas Classroom Teachers Association PO Box 1489 Austin, TX 78767-1489 888-879-8282 | tcta.org

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Return Service Requested

Don’t wait until fall to renew your TCTA membership — sign up during our spring campaign!

Log in at members.tcta.org and renew with credit/debit or PayPal or go to tcta.org/renew and fill out and sign the payroll deduction form to ensure your coverage continues when you return to school in August.

Invite your colleagues to join for the 2021-22 school year with Take 2, Make $25.* Coverage begins Aug. 1, 2021, or the date they sign up, whichever is later.

Send them to tcta.org/join to sign up now or call 888-879-8282. *For every two NEW Active-level members you recruit for TCTA, we’ll send you $25! Go to tcta.org/take2 for details.