EXECUTIVE DIRECTOR’S MESSAGE

Continued from page 2 of Texas students reported having been bullied at some point while at school.

Clearly, too many of our students are at the bottom levels of the pyramid, with basic physical and emotional needs unmet. But our education system and our state leaders seem to expect that they will learn as though those unmet needs are not a problem.

And teachers rise to the occasion again and again. In addition to helping your students toward their full potential, so many of you are spending money, time and emotional capital to fill the gaps and try to meet at least some of those needs. You bring snacks and meals to school, provide clothing, invite students to your classroom for a bully-free place to eat lunch, lend emotional support, and much, much more.

But it’s not just students whose unfulfilled needs are impeding the path to

Legal Notes

Continued from page 7 for filing a grievance will depend upon the school district grievance policy — DGBA [LOCAL] — and may be as short as 10 calendar days.

The T-TESS rules are specific as to remedies that are available at the end of the annual appraisal cycle and relative to those available earlier during the school year. A teacher may submit a written response or rebuttal for Domains I, II and III, after receiving a written observation summary or any other written documentation related to the ratings of those three domains. For Domain IV, a written response or rebuttal may be submitted after receiving a written summative annual appraisal report. Any written response or rebuttal must be submitted within 10 working days of receiving a written observation summary, a written summative annual appraisal report, or any other written documentation associated with the teacher’s appraisal.

A teacher may not submit a written response or rebuttal to a written summative annual appraisal report for the ratings in Domains I, II and III, if those ratings are based entirely on observation summaries or written documentation already received success. Teachers who can’t afford decent health insurance, or who have so many additional duties that there is no home-life balance, or who constantly feel degraded by administrators/politicians/parents/ students, must find it difficult to always be at the top of their game. And yet, you still keep at it.

Teachers defy the principles of Maslow’s model every day — but you shouldn’t have to. The toll that the job takes is wearing out many of our best educators. (See our article on page 14 for a look at the importance of self-care.)

Who’s stepping in to take care of your unmet needs? Sometimes it’s other teachers — again. Reading about this year’s Regional Teachers of the Year (see page 10), I noted that they pour praise on their fellow teachers. Teachers provide each other with a level of emotional and psychological support that is unlike any other profession I’m aware of. But continually propping up others when you yourself need reinforcement isn’t sustainable — and our teachers are leaving the profession in droves. by the teacher earlier in the appraisal year for which the teacher already had the opportunity to submit a written response or rebuttal.

I like to think that TCTA has a place on the pyramid — providing you with a measure of job security and protection, offering opportunities for peer support and professional growth. And we’ll keep working to elevate the profession at all levels.

Our state’s policymakers apparently didn’t retain the lesson on Maslow. Too often they’re focusing on the wrong things, insisting that teachers and students reach the top of the pyramid without the foundational aspects of health, safety, security, respect. When you read our midsession update on page 17, you’ll see how lawmakers, even well-meaning ones, are neglecting the basics. But I still have hope that we’ll see some progress this session — some steps in the right direction that will allow you all to remain in the profession that you love and in which you excel.

A teacher may request a second appraisal by another certified appraiser for Domains I, II and III, after receiving a written observation summary with which the teacher disagrees. For Domain IV, a teacher may submit a written response or rebuttal after receiving a written summative annual appraisal report with which the teacher disagrees. The second appraisal must be requested within 10 working days of receiving a written observation summary or a written summative annual appraisal report.

Again, a teacher may not request a second appraisal by another certified appraiser in response to a written summative annual appraisal report for the ratings of dimensions in Domains I, II and III, if those ratings are based entirely on observation summaries or written documentation already received by the teacher earlier in the appraisal year for which the teacher already had the opportunity to request a second appraisal.

As such, there are not only strict timelines for remedies regarding a T-TESS document with which the teacher disagrees, but also limitations as to when a teacher may utilize the applicable remedy. Failure to seek remedies, including a grievance, at the proper time during the appraisal cycle will result in waiver of such. This is why it is important to call the TCTA legal department right away if you receive written documentation with which you disagree.

As discussed above, filing a grievance is best utilized for appraiser procedural errors, including appraiser failure to abide by mandatory T-TESS rules and timelines. For instance, inclusion in the summative annual appraisal of information that was not documented within 10 working days by an appraiser would constitute a procedural error. The commissioner of education has in the past repeatedly held that under the state-recommended appraisal process, rules and procedures are mandatory and the remedy for an appraiser’s failure to abide by such is the that the teacher may elect to void the affected appraisal document. This remedy may be sought through a timely filed grievance if necessary.

This article is not a substitute for legal advice. TCTA members with questions about their appraisals should call 888-879-8282 to speak with a staff attorney.