TCTA 2020-21 Survival Guide

Page 17

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. As of the most recent legislative session, the law specifies 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 would encompass 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 also requires 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

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.

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.

SB 11, passed in 2019, provides that open-enrollment charter schools are subject to the provisions of the omnibus school safety bill.

Pledge requirement

District-charter partnerships

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.

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.

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 page 34 for more information. Please note that the nature of some of the rules surrounding these partnerships is currently in limbo as a recent court decision declared certain rules “invalid, null, and void.� It is anticipated that TEA will appeal this ruling. If you have any questions or want more information about these partnerships, please call the TCTA Legal Department. 2020-21 TCTA Survival Guide

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9min
pages 61-64

Social Security benefits

3min
page 57

Tuition aid and housing assistance programs

3min
page 60

Health insurance

6min
pages 58-59

School safety and threat assessment

1min
page 49

YOUR BENEFITS

7min
pages 55-56

Individuals with Disabilities Education Act

8min
pages 51-52

Restraint of students with disabilities

4min
page 53

Inclusion and ARDs for regular education teachers

2min
page 54

Student conduct: Required notice to educators and confidentiality rules

4min
page 50

Laws that impact the student-to-student relationship

7min
pages 42-43

Student discipline and violence

22min
pages 44-48

Graduation requirements

9min
pages 40-41

2020-21 student assessment calendar

5min
pages 38-39

Student assessment

3min
page 37

YOUR STUDENTS

2min
page 36

YOUR LEGAL RIGHTS & RESPONSIBILITIES

26min
pages 25-31

Eroding teacher rights

5min
pages 34-35

FAQs: Dealing with a difficult parent

4min
page 24

Student record confidentiality requirements & parental rights

4min
page 33

Child abuse or neglect reporting requirements

3min
page 32

Professional boundaries with students

6min
pages 20-21

FAQs: When placed on administrative leave

3min
page 22

FAQs: When called to the principal’s office

4min
page 23

Texas Teacher Evaluation and Support System

8min
pages 18-19

Paraprofessional wages/rights under Fair Labor Standards Act

4min
pages 11-12

Charter school employees

2min
page 17

Salaries and incentive pay

3min
page 10

YOUR JOB

8min
pages 7-8

YOUR VOICE

5min
pages 4-5

Teacher contracts

5min
page 9

What’s New in Texas Public Education

3min
page 3

Educator certification/continuing professional education

12min
pages 13-16
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