The Classroom Teacher | Winter 2022-23

Eleanore Malone

Getting back to normal

With the holidays approaching as I write this, I can’t help but share the Christmas spirit. Sing along with me to the tune of “It’s Beginning to Look a lot like Christmas” — School’s beginning to look a lot like normal. Kids in every seat. And the very best sight to see is the students who will be Ready for a hug each time we meet…

As the summer and my term as TCTA state president began, I was very excited to receive invitations for in-person training workshops in many districts. It was wonderful to meet with many of you face-to-face and discuss how excited you were to return for a school year with the most normalcy we’ve had since the pandemic began. Rather than focusing on health protocols and whether schools would offer COVID leave, we discussed your concerns about security, student behavior and certified teacher shortages. All are issues we hope will be addressed in the upcoming session of the Texas Legislature, which starts in January. I really enjoyed seeing and meeting everyone and appreciate all the encouragement you gave me as I started a new job in Chapel Hill ISD, stepping out of my comfort zone and beginning a new adventure at Chapel Hill High School as a freshman seminar teacher.

Moving from elementary school to high school was a huge learning experience, but it has been very rewarding. Many thanks to Mrs. Christy Murray (director of Career and Technical Education), Ms. LeighAnn Crump (CTE/College and Career Readiness coordinator), Mr. Regnal McGowan (Freshman Academy principal), Mr. Matthew Strode (Chapel Hill High School principal) and Mr. Lamond Dean (Chapel Hill ISD superintendent) who allowed me to be a part of this new pathway program that encourages students to explore different careers before deciding if they want to attend college or become certified in one of the pathway programs we offer. Also, a big thank you to TJC Promise for encouraging our students to pursue a college degree, by providing two-year scholarships at Tyler Junior College to all students who meet the academic, attendance and community service requirements.

This year has been a very exciting journey, helping our students research different pathways and having access to resources that I wish would have been available when my own children were in high school. Guest speakers, including Ms. Delana Lacy, a pharmacist at the Neighborhood Walmart in Tyler, Mr. Artis Newsome, a retired physical therapist from Tyler, and Officers Kevin Mobberly, Christopher Sharp and Cadet Officer Wilson from the Tyler Police Department, have shared their careers with students and answered questions. Staff from Christus Mother Frances Hospital came out to explain different health pathways from RNs and emergency room nurses to helicopter flight nurses, which caught our young men and women’s attention. We want to expose our students to many career opportunities to ensure they can select pathways that will help them become productive citizens in the future.

So far, I have learned that high school students are a lot like elementary students, just in larger packages. They still need hugs and a lot of reassurance, especially that it’s OK not to be like everyone they see on TikTok and social media. We encourage our students to participate in as many extracurricular activities as possible and still maintain grades that will allow them to not only participate, but excel academically.

Along with peer pressure to look or act a certain way, our school districts are also seeing an increase in students who are vaping and using other drugs. The students don’t understand getting caught with a vape with THC may also lead to suspension or even criminal charges. Also, no one really knows the long-term health issues that may come along with this current fad. As teachers, we need to talk to our students, parents, school

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

2022-23 Executive Board President

Eleanore Malone, Chapel Hill President-Elect

Nydia Alvarez-Alonzo, Mission Immediate Past President Sherry Miller, Killeen

Budget

Vivian Burleson, Northside

Curriculum & Instruction

Melody Young, Sherman

Governance

Jennifer Hutchinson, Hays Consolidated Legislation

Cristal Isaacks, Levelland

Membership

Debra Helbert, Lamar Consolidated Professional Rights & Responsibilities

Sharron Wood, Deweyville Teacher Personal Services Melanie Love, Pottsboro

Staff Contacts

Executive Director Ann Fickel General Counsel

Lonnie F. Hollingsworth Jr.

Attorneys

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

Special Projects Kate Alexander

Senior Consultant Jeri Stone

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.

11 On the

Four-Day Weeks

Cover

Four-Day School Weeks

More districts shift schedules to attract, retain teachers

Athens Independent School District’s four-day school week played a major role in Elizabeth VanOrden’s decision to accept a job as the head choir director at Athens High School in 2021.

Several TCTA members in four-day districts said the shorter week has been a big boost to student and staff morale, but how it will impact student performance and other factors tied into school district accountability ratings is not yet clear.

In the Classroom

After 10 years as a social worker, Jennifer Johnston decided a shift to teaching was the best way to have a lasting impact. That decision led to a fulfilling career and, in turn, her selection last spring as a state finalist for the H-E-B Excellence in Education Lifetime Achievement Elementary Award.

2023 Legislative Preview

Texas lawmakers will likely have more money than they can spend when the 88th Legislature convenes in Austin on Jan. 10. With an unexpected surplus of $27 billion, the Texas Legislature is expected to be flush with cash for the next twoyear budget, but legislators will be constrained from using it all unless they take some politically perilous votes.

TCTA 2023 Convention is Feb. 10-11

Meet the candidates for statewide office and get more information about our first in-person gathering since 2020.

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 © 2022. 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.

Texas students deliver ‘notable and mostly positive’ results on NAEP

The first nationwide examination of student learning during the pandemic revealed serious declines across the country, though Texas improved its rank in fourth and eighth grade reading and in eighth grade math. Reading scores for Black students in Texas also improved more than all other states over the past three years, and Texas ranked first in the country in eighth grade math scores for Black students.

The results of the National Assessment of Educational Progress — often referred to as the Nation’s Report Card — reinforce “the importance of instruction and the role of schools in both students’ academic growth and their overall wellbeing,” said Peggy Carr, commissioner of the National Center for Education Statistics, which administers the exam.

The NAEP is typically administered every two years to a sample of students in fourth and eighth grades, though the 2021 assessment was delayed a year due to the pandemic. The national assessment provides a good measure of comparison with other states and urban school districts in reading and math.

Texas Education Commissioner Mike Morath credited the “hard work of Texas teachers and students” for the state’s “notable and mostly positive” performance when compared to the rest of the country:

• In fourth grade math, Texas students scored higher (239) than the national average (235) and performed exceptionally well when compared to their peers,

with Black students, Hispanic students, students with disabilities, white students, and economically disadvantaged students ranking 1st, 4th, 4th, 2nd and 6th, respectively, in the U.S.

• In fourth grade reading, Texas student subgroups performed exceptionally well when compared to their peers, with English learners, Black students, and students with disabilities improving their rankings to 4th, 6th and 17th in the U.S.

• In eighth grade math, Texas Black students, English learners, and Hispanic students improved their ranking to 1st, 2nd and 7th in the U.S.

• In eighth grade reading, English learners improved their ranking to 1st in the U.S., while Texas Black students’ ranking jumped from 34th to 6th, and students with disabilities jumped from 48th to 14th.

New shift emerging in lesson planning: ‘internalizing’ instead of designing

TCTA is seeing signs of a potentially major shift in the way teachers could be asked to approach lesson planning.

Instead of the standard practice in which teachers develop and design lesson plans, the focus is turning to teachers internalizing lessons that have already been produced due to increased use by some school districts of curriculum systems which include pre-written lesson plans.

In presentations to legislators regarding curriculum, TEA has noted that teachers report spending seven hours per week developing or selecting instructional materials; yet they are provided on average fewer than four hours per week to engage in this planning.

In an effort to address this, TEA has established an “optional set of high-quality instructional materials (HQIM) designed especially for Texas.” These materials are for core subjects, including K-2 RLA, K-5 RLA, K-5 Math, K-5 Science, 6-12 Math, 6-8 RLA, 9-12 RLA, and Pre-k. Included in these materials are pre-written lesson plans.

Several initiatives by TEA include HQIM and its COVID Recovery Instructional Materials Support Initiative in which participating school districts pilot use of these materials. TEA’s Texas COVID Learning Acceleration Supports program (TCLAS), includes grant funding for districts using the same HQIM materials. Both of these initiatives are optional for districts to participate in.

Aside from the state initiatives, some districts decide to purchase their own curriculum systems, some of which may include already-prepared lesson plans.

In all these situations in which pre-prepared lesson plans are in use, instructional practices have shifted from teachers creating their own lesson plans to teachers internalizing content and lesson plans that have already been created.

To learn more about what lesson internalization is and the implications the shift toward it could have on teachers, go to tcta.org/latest-education-news/ then filter by category for Curriculum & Instruction.

TCTA testifies against controversial certification exam

After a push by the State Board for Educator Certification to replace the current teacher pedagogy certification exam with a controversial performance assessment (edTPA) was unanimously rejected by the elected State Board of Education in June, SBEC took action at its Dec. 9 meeting to direct TEA staff to pursue implementing performance assessments, including a yet-to-be-developed Texas-specific performance assessment, as a certification exam.

Staff presented SBEC with a proposed implementation plan that would require teacher candidates to complete the edTPA performance assessment beginning in the 2024-25 academic year as the pedagogy certification exam requirement with other potential vetted performance assessments coming on as options in 2026-27.

TCTA testified against the proposal, along with other members of the Texas Coalition for Educator Preparation, of which TCTA is a founding member. TCTA pointed out that by taking this course of action, SBEC was once again solely focused on performance assessments as certification exams, despite interest by stakeholders and some SBEC members in pursuing alternatives, such as updating/revising the current Pedagogy and Professional Responsibilities exam. In rejecting the SBEC proposal in June, SBOE members made clear that SBEC needed to thoroughly explore other possible approaches that would not create all the problems that had been articulated with requiring edTPA as a certification test before sending SBOE a new rule to review.

After holding several work sessions to further explore the issue in the last several months, SBEC members expressed interest at their Sept. 30 meeting in implementing a performance assessment as a certification exam as well as providing additional options that would not require a teacher performance assessment for certification. Specifically, the board was interested in providing “carve-outs” to performance assessment for certification for teachers participating in

residency routes as well as for certain subject areas, including Fine Arts and Career and Technology.

TEA staff presented SBEC with options for these “carve-outs”:

• Establishing a new teacher residency certificate, which would include the requirement that the candidate successfully complete a yearlong clinical teaching experience, during which they demonstrated mastery of prioritized competencies, for issuance of their standard certificate, in lieu of passing a pedagogy exam; and

• Providing for candidates pursuing certification in Art, CTE fields, Dance, Music and Theatre to take an updated/ revised PPR exam rather than a teacher performance assessment for certification.

TEA staff is expected to bring draft rule language to SBEC for discussion at its February meeting to implement performance assessments as certification exams as well as to address the two “carve-outs” listed above. Depending on whether the board generally agrees with the draft rule language, more finalized rule language would be presented to the board for approval at its April meeting. Read more at tcta.org/ latest-education-news/tcta-testifies-against-controversialcertification-exam-again

TCTA’s Holly Eaton, third from left, along with other Texas Coalition for Educator Preparation members during a TCEP legislative briefing.

Eight TCTA members honored as Regional Teachers of the Year

Shelley Jeoffroy, a fifth grade math teacher at Otis Brown Elementary in Irving ISD, was named 2023 Texas Elementary Teacher of the Year in October and will advance to represent the state in the national competition. “I’m incredibly humbled and honored to represent the state of Texas,” Jeoffroy said. “With teaching, you’re leaving legacies ... and that makes every hard day and every exhausting day worth it.”

Chris McLeod, a rocket engineering teacher at Brazoswood High School in Brazosport ISD, was named the 2023 Texas Secondary Teacher of the Year.

This year’s winners were honored at a banquet on Oct. 21 where all 40 Regional Teachers of the Year were recognized. TCTA members honored this year include:

• Maria Mascorro-Domingues, Marcell Elementary School, Mission CISD, Region 1 Elementary Teacher of the Year

• Amy Marquez, PSJA Collegiate High School Program, PSJA ISD, Region 1 Secondary Teacher of the Year

• Pydi Oliver, Velma Penny Elementary School, Lindale ISD, Region 7 Elementary Teacher of the Year

• Ryan Cosby, Colorado Middle School, Colorado ISD, Region 14 Secondary Teacher of the Year

• Patricia Villarreal, Lamar Elementary, San Felipe Del Rio CISD, Region 15 Elementary Teacher of the Year

• Tiffany Ryals, Humphrey’s Highland Elementary School, Amarillo ISD, Region 16 Elementary Teacher of the Year

• Brittany Wright, Lubbock-Cooper High School, LubbockCooper ISD, Region 17 Secondary Teacher of the Year

• Marle Reynolds, Kermit Elementary School, Kermit ISD, Region 18 Elementary Teacher of the Year

OTHER ACCOLADES: Sabrina Multer was named 2022 Teacher of the Year for the Margaret Talkington School for Young Women Leaders and Secondary Teacher of the Year for the Lubbock High feeder pattern in Lubbock ISD.

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

Connect with us!

In addition to the many valuable resources you’ll find on our website, tcta.org, and in the eUpdate newsletter, TCTA’s social media channels include Facebook, Twitter, Pinterest and YouTube. Join the discussion and follow us for valuable reminders, tips on classroom resources, links to the latest education news, and other bits of information. If you’re not receiving eUpdate in your inbox, check your spam or junk folder and make sure communications@ tcta.org is in your contacts or on your safe-sender list. Need to update your email? Log in to your membership record at members.tcta.org/members and update your information, call the Membership Department at 888-879-8282 or resubscribe to eUpdate using the link to our online form at tcta.org/ professional-resources/publications/eupdate

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Maria MascorroDomingues

Amy Marquez Pydi Oliver Ryan Cosby

Patricia Villarreal Tiffany Ryals Brittany Wright Marle Reynolds

Photos courtesy of the Texas Association of School Administrators

Laws help remove disruptive students from class

There are provisions in the Texas Education Code that allow teachers to remove disruptive students. One is a temporary removal under §37.002(a), which provides that “a teacher may send a student to the campus behavior coordinator’s office to maintain effective discipline in the classroom.” The campus behavior coordinator1 must respond by “employing appropriate discipline management techniques ... that can reasonably be expected to improve the student’s behavior before returning the student to the classroom.”

A teacher can also remove a student from class under Texas Education Code §37.002(b). If a student’s behavior is unruly or disruptive such that it interferes with your ability to teach or the classmates’ ability to learn, you have the right to remove the student. Removal can be for an ongoing offender or one bad incident.

If a teacher removes a student for disruptive behavior under §37.002, there is a process that the campus must follow. Other sections of Chapter 37 detail the proper procedures, but essentially, once a student is removed for disruptive behavior, the teacher does not have to allow that student back in the classroom. The law gives the teacher the power to protect the

learning environment and draw a proverbial line in the sand saying, “not in my classroom.”

Chapter 37 outlines the available placement for a disruptive student who is removed. The student can be placed in (1) another classroom, (2) in-school suspension, or (3) a DAEP (if provided by law or the terms of the district’s Student Code of Conduct). The student cannot be placed back in the same classroom right away. Specifically, Texas Education Code §37.002(c) reads as follows: “If a teacher removes a student from class under Subsection (b), the principal may place the student into another appropriate classroom, into in-school suspension, or into a disciplinary alternative education program as provided by Section 37.008. The principal may not return the student to that teacher’s class without the teacher’s consent unless the committee established under Section 37.003 determines that such placement is the best or only alternative available.”

Once a student is removed under Section 37.002(b), the campus behavior coordinator or other appropriate campus administrator is required to have a removal conference no later than three class days after the student is removed, as mandated

Frustrated with a disruptive student? Disappointed in the lack of administrative support? Writing office referrals for a student only to have them immediately returned to your class? TCTA has worked for decades for laws that give teachers legal authority to deal with extremely disruptive students. A TCTA staff attorney can assist you in making sure your district follows these laws. Continued on page 30

1 Please note that many school districts in Texas have become Districts of Innovation. DOIs can opt out of certain school laws including, for example, the position of campus behavior coordinator. TEA maintains a list of school districts that have become Districts of Innovation. It can be found at https://tea.texas.gov/texas-schools/district-initiatives/districts-of-innovation. Please note that a district’s DOI plan may change some of the procedures outlined in this article. TCTA members with questions may call the Legal Department at 888-879-8282 to speak with a staff attorney.

Election brings divided Congress to Washington in 2023

The outcome of the 2022 election resulted in a divided Congress for the session that starts in January. Republicans took control of the House (222/213), although with a smaller margin of majority than anticipated, holding Republicans to a nine-seat advantage, just four more than the 218 seats needed for control. In the Senate, there were 35 seats up for election and Democrats were able to hold onto their majority, with a one-seat advantage (50/49), though Independent Sen. Kyrsten Sinema also is likely to vote with Democrats on some key issues. The added Senate seat will enable Democrats to exercise more control over committee assignments and hearings.

What this portends for the year ahead is certainly a slowdown on legislative action as any bill would have to garner support from both parties in each chamber and from President Joe Biden.

With a Democrat in the White House, House Republicans could primarily use their new majority to hold oversight hearings to scrutinize the implementation of the Biden administration’s enacted bills, such as the Inflation Reduction Act, and agencies’ regulatory efforts, such as the Department of Education’s proposed expansion of Title IX protections.

Republicans will have to work to protect their House majority power, as infighting and fractures could doom some of the party’s legislative efforts. The narrow majorities in each chamber could empower more moderates as certain members could be persuaded to cross the aisle on a particular piece of legislation.

There is also the outside possibility that a split in power could cause leaders

in both parties to negotiate in earnest for the good of the country.

Education committees

There will be fresh faces in leadership roles in the House and Senate education committees in the 118th Congress.

The current chair of the Senate Health, Education, Labor and Pensions (HELP) panel, Sen. Patty Murray (DWA) relinquishes her spot as she moves over to chair the Senate Appropriations Committee. Undoubtedly, she will continue to push for mental and behavioral supports for students and other holistic programs that she has been invested in. Taking over as HELP chair will be Sen. Bernie Sanders of Vermont, a vocal progressive. Sanders favors tuition-free higher education, pre-K education and investments in public schools and teachers. Sanders’ spokesperson Mike Casca said the incoming chair will use his position to “focus on universal health care, lowering

the cost of prescription drugs, increasing access to higher education, and protecting workers’ rights on the job.”

As ranking member, Sen. Bill Cassidy (R-LA) is being elevated from leading the Subcommittee on Children and Families. Cassidy has introduced legislation in support of short-term Pell grants, dual enrollment and Career & Technology Education programs, strengthening children’s online privacy and also an effort to repeal the federal laws affecting Social Security for many Texas educators. While Cassidy is somewhat bipartisan-minded, the political divide between the HELP committee leaders will widen in the next session, with Sanders at the helm.

The House Education and Labor Committee has alternated chairmanship between Reps. Virginia Foxx (R-NC) and Bobby Scott (D-VA). Foxx was term-limited in her role, but the House Republican Caucus approved her waiver request in early December, ensuring Foxx will return as chair in 2023.

The Republican-led committee will likely work in opposition to the Senate HELP panel. The Republican Study Committee put forth a paper on issues it wants to focus on regarding education and family matters that will guide the committee’s work. Along with efforts to limit federal intervention into state education policy, other subject matters of interest to many House Republicans

What’s ahead for retirement benefits and health insurance in the upcoming legislative session?

COLA or 13th check?

Heading into the 2023 legislative session with a $27 billion surplus, it would seem obvious that lawmakers would finally authorize a benefit increase for public school retirees. TCTA will be pushing for a significant cost-of-living adjustment (COLA) for retirees — but will the Texas Legislature commit to truly catching up retiree payments with inflation?

Longtime retirees haven’t seen a true benefit increase since 2013, and even then the boost only affected those who retired prior to Aug. 31, 2004, and was capped at $100 per month. Anyone who retired during the past 18 years still gets the same benefit that was calculated the year they retired. Meanwhile, take-home amounts have decreased for many due to rising health care premiums, and inflation has eaten into any remaining discretionary funds. For comparison, a retiree receiving Social Security over that same 18-year period would have seen 16 cost-of-living adjustments, averaging out to around 2.6% each year. Texas school retirees are well overdue for a benefit increase.

If a COLA is to be adopted in 2023, part of the debate will focus on the amount of the increase and how the state will pay for it. The cost of a 3% increase — which we believe to be inadequate, but which has been provided as a point of discussion — would be over $20 billion if it were financed through the TRS pension fund over a period of years. The TRS actuaries advise that a less expensive and more efficient method would be for the state to fully fund the increase either in a lump sum ($3.4 billion) or by increasing contributions ($5.1 billion to $7.8 billion, depending on the payment schedule).

But a different option is also under consideration — one with which retirees are familiar, but generally less than thrilled. Typically, a 13th check is the equivalent of the retiree’s normal monthly check, and is a one-time bonus, often capped so that many recipients receive less than their regular check. The most recent was approved in 2021 and capped at $2,400.

Changes to ERS service credits may impact some TRS members

Moving forward, service credit in the Employees Retirement System for Texas state employees and the Teacher Retirement System may no longer be compatible. Senate Bill 321, which was passed in 2021, created a mandatory cash-balance plan (rather than the defined-benefit plan for existing ERS members and for TRS members) for ERS members who begin membership on or after Sept. 1, 2022. Importantly, ERS members who participate in this cashbalance plan may use their ERS service credit to assist with eligibility, but not for benefit calculations at TRS, similarly for TRS members who move to ERS. In addition, TRS members with prior ERS credit who have not maintained an ERS membership established prior to Sept. 1, 2022, will no longer be able to reinstate withdrawn ERS service for the purpose of transfer to TRS. Members may contact their retirement plan directly for questions specific to their ability to transfer their service at 800-223-8778 for TRS or 877-275-4377 for ERS.

A 13th check has the advantage that the retiree receives a larger sum of money at once. But it is not an ongoing increase that retirees can depend upon. A bonus paid in 2023 likely will not be available in 2024 to help pay bills. To ensure retirees are able to maintain a reasonable standard of living, a 13th check will simply not be adequate. But as a much less expensive option, it will prove tempting to legislators working to balance the budget, even in a surplus year.

Several bills have already been filed to provide a cost-of-living adjustment, a supplemental check, or both.

Employment after retirement

Retiree checks likely will be the primary focus of TRS discussions, but policymakers may take a look at other components of retirement, in particular employment after retirement. The restrictions on returning to work after retirement were eased in 2021, as districts and state leaders turned to retirees to mitigate the teacher shortage (see https://tinyurl.com/vc75z765 for details). But one change intended to benefit retirees has had unexpected consequences. The new law requires districts to pay the surcharge that previously had been the responsibility of the retiree, but some retirees have found it harder to get hired because of this new expense for the districts. We may see efforts to revise or repeal this provision.

Health insurance premiums

Legislators are hearing the message pushed by TCTA and others that teachers need help with health insurance costs. Insurance has become unaffordable for many, even as the quality of the plans has dropped. Most districts participate in the state-administered TRS-ActiveCare, but many districts, particularly larger ones, provide a local plan instead. Employees covered by either the state or a local plan are subject to the same funding laws — the state provides $75 per month per participating employee toward insurance premiums, and districts are required to provide at least $150. These requirements haven’t changed since the state insurance program was adopted in 2001.

TCTA has advocated relentlessly for higher state contributions toward health care, and that appears to at least be on the table this session. If nothing is done, school employees face an affordability cliff that could devastate families. Last spring, state leaders approved one-time additional funding for TRS-ActiveCare to ensure that participants would not see a premium increase. In the absence of another lump sum or a significant ongoing increase in contributions, ActiveCare enrollees would be hit with two years’ worth of health care cost increases at once. TRS estimates that premiums could rise as much as 22% for some employees.

Lifetime of Learning

JENNIFER JOHNSTON STRIVES TO MAKE A DIFFERENCE FOR STUDENTS

Jennifer Johnston first considered a career in teaching when she was in the fifth grade, struggling to learn fractions.

“My teacher, Mr. White, started keeping me in from recess to help me understand how to do fractions,” she said. “Most kids would be mad because they were missing recess, but I remember being so embarrassed in class when we were working on fractions, and I couldn’t get it. Suddenly, as he was working with me, it just clicked.”

Though her appreciation for Mr. White stuck with her, Johnston took a different path in college and began a career in social work, hoping she could make a difference. She eventually realized that the lack of a good education, specifically the ability to read well, contributed to many of the issues with which her clients struggled.

After 10 years as a social worker, she decided a shift to teaching was the best way to have a lasting impact. That decision led to a fulfilling career in the classroom and, in turn, her selection last spring as a state finalist for the H-E-B Excellence in Education Lifetime Achievement Elementary Award.

JENNIFER JOHNSTON

H-E-B Lifetime Achievement Elementary Finalist

School: Ben Milam Elementary in Conroe ISD

Years teaching: She retired in May after 30 years in the classroom and now substitutes. Years in TCTA: 27 years Colleges attended: University of Texas at Austin, Sam Houston State University

She said being chosen as a finalist validated what she had been doing for 30 years. “Teaching is not easy, and I see so many new teachers struggling, and I feel that as an experienced teacher, we must lift up and encourage our newer generation of teachers,” Johnston said. “By being nominated and becoming a finalist, it was like the icing on the cake, and then when my campus (Ben Milam Elementary in Conroe ISD) honored me the day before I left for the H-E-B awards event, that was like double-dipped icing with ice cream.”

Degrees/certifications held: Bachelor’s in Social Work, Master’s in Education; Generalist 1-8, Special Education EC-12, ESL certification

their stations, I see my students match the letters of the alphabet, I see my students get in line, and I see my students go hug another student ... because she felt bad. My students’ success is measured by all the daily interactions that neurotypical students take for granted.”

She recalls one nonverbal student whose mother wanted him to say, “I love you, Mommy.”

“After he had been in my class for about a year, one day as he was painting, we got him to say, ‘I love you, Mommy.’ He repeated it several times and I was able to record it and send it to his mom,” Johnston said. “From that point on, his vocabulary skyrocketed and now he’s verbal.”

It also means a lot when former students reach out on social media or in person. At a district pep rally at the beginning of the 2021-22 school year, a former student starting her first year as a teacher thanked Johnston for her encouragement in third grade. “She told me I told her that she could do anything she set her mind to, and that she always remembers how I treated everyone in class and only hopes that she could become a teacher like me.”

At the same pep rally, Johnston reconnected with another former student who was now attending the high school. “She stepped up to the microphone and called me out and said that I was the only one that ever believed in her that year,” she said. “I was able to see her after the rally, and hug and talk with her. This young lady had been on my mind, because the last time I had seen her was her last day of third grade. Her mother was very angry with me because I had to call CPS on the family. This young lady has persevered and is making something of her life.”

It’s hard to pick one achievement in a 30-year career, but Johnston said that when working with special education students, it’s often the small moments that mean the most.

“To me, success is when I see my students smile, I see my students follow my instructions, I see my students clean up

Though she officially retired in May, Johnston missed being in the classroom so much that she started substitute teaching in October. That decision is no surprise considering that Johnston believes that “a great educator must believe what they are doing will make a difference in a child.”

NO SCHOOL ON FRIDAY

MORE TEXAS DISTRICTS SHIFT SCHEDULES TO Four-Day School Weeks

Athens Independent School District’s four-day school week played a major role in Elizabeth VanOrden’s decision to accept a job as the head choir director at Athens High School in 2021.

“A four-day work week is easier pacing for myself and my students,” she said, adding that it builds consistency, which helps student thrive. “I have a solid hour with my students every class period. And for those weekends when I have extracurricular responsibilities (like Saturday TMEA All-State Choir auditions), I still have a day where I can take care of home responsibilities.”

The shorter work week was also a welcome benefit for Julie Behnke, who joined Athens ISD in August 2019 after relocating from California. The fourth-grade teacher at Bel Air Elementary said she uses her Fridays without students to finish lesson plans at home, grade papers and enter grades.

With more teachers leaving the profession or considering different careers, attracting and retaining educators has become a greater challenge for many districts. This is especially true in small, rural Texas districts that are often

unable to compete with higher salaries and other amenities offered by larger schools.

Several TCTA members in four-day districts said the shorter week has been a big boost to student and staff morale, but how it will impact student performance and other factors tied into school district accountability ratings is still an open question.

At least 27 districts made the switch to four-day school weeks beginning with the 2022-23 school year, more than doubling the number of four-day districts in Texas. Nationwide, four-day school weeks are used in over 1,600 schools across 24 states, according to a 2021 study published in Education Finance and Policy.

Mineral Wells ISD voted to make the switch in May after it began losing teachers to neighboring districts that already offered four-day school weeks.

“Last year we were on a nine-period day from 8:09 to 4:10,” said Mark Beaty, who teaches U.S. History and AP Government at Mineral Wells High School. “We now go from

EAST TEXAS

• Apple Springs ISD: Started 202122 school year. Mondays off, school days 7:45 a.m. to 4 p.m.

• Athens ISD: Started 2019-20. Fridays off. School day is 7:10 a.m. to 3:55 p.m.

• Corrigan-Camden ISD: Started 2020-21 school year. Fridays off. Elementary school hours from 7:25 a.m. to 3:45 p.m. Junior high and high school hours from 7:40 a.m. to 4 p.m.

• DeKalb ISD: Started 2022-23. Fridays off. Earliest start at 7:45 a.m., latest bell is 4:15 p.m.

• Devers ISD: Started 2019-20. Fridays off. 7:25 a.m. to 3:35 p.m.

• Hardin ISD: Hybrid schedule started 2022-23. 5-day weeks in August, September, January and May. Fridays off rest of the year. School day is 7:40 a.m. to 3:45 p.m.

• Hubbard ISD: Started 2022-23. Fridays off.

• Hull-Daisetta ISD: Started 2022-23. Fridays off.

• Jasper ISD: Started 2022-23. Fridays off.

• Latexo ISD: Flex Fridays started 2020-21. Elementary school day from 7:50 a.m. to 4:10 p.m. and junior high and high school 7:55 a.m. to 4:15 p.m.

• Liberty ISD: Started 2021-22. Fridays off. 7:30 a.m. to 3:40 p.m. school days.

• Malta ISD: Started 2022-23. Fridays off. 7:25 a.m. to 3:45 p.m.

• New Boston ISD: Started 2022-23. Fridays off.

• New Summerfield ISD: Started 2022-23. Fridays off. 7:45 a.m. to 4 p.m. school days.

• Pewitt CISD: Started 2022-23. Fridays off.

• Sulphur Bluff ISD: Started 2022-23. Fridays off. 7:55 a.m. to 4:15 p.m. school days.

• Timpson ISD: Started 2022-23. Fridays off.

NORTH TEXAS

• Chico ISD: Started 2022-23.

• Gordon ISD: Started 2019-20. Fridays off. School day 8 a.m. to 4:15 p.m.

• Gorman ISD: Started 2022-23. Fridays off. School day from 7:55 a.m. to 4 p.m.

• Graford ISD: Started 2022-23. Fridays off. 7:45 a.m. to 4 p.m. school days.

• Merkel ISD: Started 2022-23. Mondays off.

• Mineral Wells ISD: Started 2022-23. Fridays off.

• Montague ISD: Started 2022-23.

8:10 to 4:20 (just 10 minutes longer) on an eight-period day.”

He said the 12 extra minutes per class has really helped. “I can teach a lesson and start an assignment and help them (or make them get started) instead of just assigning a homework lesson that many would not do.”

The longtime Mineral Wells ISD teacher said his biggest fear was that students would “get behind,” but so far that hasn’t happened.

“I think attendance has been better this year and the failure rate each six weeks has not increased,” Beaty said. “Of course, the big test will be how our STAAR scores are in the spring, but I am not feeling any more apprehensive than usual about them.”

Joyce LaMont likes having a weekday to run errands and schedule appointments. Despite a longer workday and occasional Fridays for professional development at Lamar Elementary in Mineral Wells ISD, she said, “Morale among teachers is higher, students are rested and ready to learn.”

Teacher retention issues prompted Athens ISD to make the switch to four-day weeks beginning in the 2019-20 school year. Knowing there would be some community pushback, Athens officials surveyed parents, staff and community members before beginning a three-year pilot program with a Monday-Thursday schedule.

On Fridays, free pick-up lunches are available for lowincome students, and at least one of the city’s largest employers, Biomerics, added a Monday-Thursday option to make things easier for working parents and caregivers.

Superintendent Janie Sims recently told KERA that every group polled at the end of the pilot program overwhelmingly liked the four-day week, so the district extended it for the foreseeable future. Several TCTA members in Athens ISD said they liked the three-day weekends that allow them to spend more time with family, though some said adjusting to the four-day week took a little time.

“I feel more relaxed and energized for the next week,” said Chera Gandy, who teaches at Central Athens Elementary.

FREEDOM TO CHOOSE

Districts like Mineral Wells and Athens have the freedom to implement four-day school weeks because Texas only requires that schools be open a minimum of 75,600 minutes over a school year. Many of the districts opting for four-day school weeks extended the length of the instructional day to ensure this time requirement is met.

The Texas Education Agency does not track four-day districts, but TCTA is aware of at least 42 operating under the model during the 2022-23 school year (see the blue box at the top of pages 12 and 13). How that works varies by district.

The first district in Texas to implement the four-day school

Fridays off. School day 7:45 a.m. to 4 p.m.

• Moran ISD: Started 2022-23. Fridays off. 7:50 a.m. to 4:17 p.m. school days.

• Palo Pinto ISD: Started 2022-23. Fridays off. School days are 40 minutes longer, from 7:35 a.m. to 4 p.m.

• Perrin-Whitt CISD: Started 2022-23. Fridays off.

• Petrolia CISD: Started 2021-22. Most Fridays off. Elementary school day from 7:40 a.m. to 4 p.m. and junior high and high school from 7:45 a.m. to 4:05 p.m.

• Prairie Valley ISD: Started 202122. Flex Mondays. School days on Tuesdays through Fridays are extended by 40 minutes. School day begins at 7:40 a.m. and ends at 3:40 p.m.

• Tioga ISD: Started 2022-23.

Mondays off. School day is 28 minutes longer and the school year will be three weeks longer.

• Woodson ISD: Started 2019-20. Fridays off. School starts at 7:45 a.m. and ends at 4:12 p.m.

TEXAS PANHANDLE

• Channing ISD: Started 2022-23. Fridays off. School days from 7:30 a.m. to 4:10 p.m.

• Follett ISD: Started 2022-23. Hybrid schedule with most Fridays off. School days from 8 a.m. to 4 p.m.

• Groom ISD: Started hybrid schedule in 2022-23, with Mondays or Fridays off throughout the year.

• Happy ISD: Hybrid schedule with Fridays or Mondays off started 2022-23. School days are 7:40 a.m. to 4 p.m.

• Kelton ISD: Started 2020-21. Fridays off. 7:50 a.m. to 4:30 p.m. school day.

• Silverton ISD: Started 2021-22. Fridays off. 7:45 a.m. to 4 p.m. school days.

• Spring Creek ISD: Started 2018-19. Fridays off. 7:45 a.m. to 4 p.m. school days.

SOUTH TEXAS

• Santa Rosa ISD: Started 2022-23. Fridays off.

WEST TEXAS

• Olfen ISD: Started 2016-17. Some Fridays optional. School day from 7:55 a.m. to 4 p.m.

• Winters ISD: Started 2022-23. Fridays off.

CENTRAL TEXAS

• Rochelle ISD: Started 2020-21. Fridays off; at least one Friday a month is a teacher workday.

week was Olfen ISD in the 2016-17 school year. The small district in West Texas operates with a modified schedule that makes some Fridays optional for students.

Pewitt CISD started a four-day school week this year, giving students Fridays off.

“Sometimes it’s hard to get everything you’ve planned for a unit in the four-day week, especially if there’s a lot of reteaching needed,” said Belinda Abston, who teaches at Pewitt Elementary. But she said, “It’s great to have three Fridays off almost every month. Teachers worked two Fridays in August, and we’ll work two Fridays in March and April. I have time to get things done and regroup.”

Having Fridays without students is also a plus for Sharon Atkins in Jasper ISD, which also started four-day school weeks this year to help retain and attract teachers. “Fridays are traditionally excitable days (for students), and this is a good day to have off,” she said. Jasper ISD teachers are required to work one Friday a month for professional development.

IMPACT ON ACADEMICS

While the shorter work week is a plus for educators, its impact on student performance has been mixed so far. Athens ISD has seen improvement in test scores over the past three years, but recent studies in Oregon and Oklahoma found that four-day weeks negatively impacted students’ academic performance.

Paul Thompson, an associate professor of economics at Oregon State University, said his research shows shorter school weeks can be especially hard on younger students. Examining student test scores in reading and math over 15 years, he found math scores dropped 6% and reading scores 4% because of reduced instructional time in the four-day districts he studied. For a four-day week to be effective, he said, students need as much instructional time as they would get in a traditional five-day model.

“If time in school doesn’t change between whether you go four days a week or five days a week, the composition of the time doesn’t really seem to matter all that much for achievement,” Thompson told the Fort Worth Star-Telegram.

While Texas districts await more data on student performance, for now, the four-day school weeks are popular, especially with teachers who felt overworked during and since the pandemic.

“I used to spend Saturday on schoolwork and Sunday on housework. Now I have a day to enjoy my family,” said Shawna Poage, who teaches at Corrigan-Camden Elementary. Corrigan-Camden ISD started four-day weeks in 2020-21. “I don’t think I could ever go back to five days a week.”

Cynthia Wise in DeKalb ISD agrees.

“I like having the extra time to do things that I usually would not be able to do,” she said. “I feel more refreshed on Mondays. I believe that I get more work done.”

Winter 2022-23 | THE

JOIN YOUR FAMILY

We hope you can join us for TCTA’s 2023 Convention on Feb. 10-11 at Kalahari Resort in Round Rock.

We’ll begin with a visit to the Capitol on Friday, Feb. 10., and the Representative Assembly will take care of association business on Saturday, Feb. 11. We’ve also built in time to ensure attendees can enjoy all the amenities Kalahari has to offer, including time to bowl with State President Eleanore Malone on Friday evening.

Find more information and links to registration and hotel reservations at tcta.org/convention. Online registration ends Jan. 27.

Delegates to the Representative Assembly will elect statewide officers for 2023 during the meeting. Positions on the ballot this year include PresidentElect, Governance chair, Legislation chair, Membership chair and Professional Rights & Responsibilities chair. Odd-numbered districts also will elect directors to two-year terms beginning June 1. TCTA may also need to elect directors-at-large to one-year terms to ensure the Directors’ Council holds minority representation that is proportional to TCTA’s full membership.

The following candidates declared their intent to run by Nov. 13, and their names will appear on the ballot. Additional nominations for write-in candidates may be made from the floor during the first business meeting on Feb. 11.

MELODY YOUNG PRESIDENT-ELECT

TCTA MEMBER FOR 25 YEARS

CURRENT JOB: AP Statistics, Honors Precalculus and Honors Algebra 2 at Sherman High School, Sherman ISD

EDUCATION: Master of Education (Gifted Education) from Southeastern Oklahoma State University; Bachelor of Science in Education (Secondary Math) from the University of Central Oklahoma; certifications in Secondary Math, Gifted Education and ESL.

PREVIOUS TCTA LEADERSHIP: Budget Committee chair, Curriculum & Instruction Committee chair, District 10 director, Sherman CTA president

CANDIDATE STATEMENT: I moved to Texas 25 years ago, and Paula Rivoire asked me to join TCTA. It was the best decision I made. I think TCTA is the best organization in Texas. I have gradually stepped up my involvement with TCTA, from local president, to district coordinating council, to the Directors’ Council and finally to the Executive Board, now I am ready to take the final step as President-Elect. I would like to continue working with the great staff and help lead the organization. If elected, I will bring 36 years of teaching experience to the role. I am not afraid to give my opinion, but I try to do it diplomatically.

JENNIFER HUTCHINSON GOVERNANCE

TCTA MEMBER FOR 16 YEARS

CURRENT JOB: Language arts teacher, grades 6-8, the Impact Center, Hays CISD

EDUCATION: Bachelor of Arts in Sociology, University of Texas at Austin; Master of Education, Texas State University

PREVIOUS TCTA LEADERSHIP: Hays CTA president; San Marcos CTA president; District 13 Director

CANDIDATE STATEMENT: I am grateful for the opportunity to serve my fellow teachers in the role of Governance chair. This position is a good fit for me because I am committed to assisting the local associations with the details of and adherence to the guidelines established within the TCTA governance documents. I understand and am willing to undertake the responsibility of receiving and processing all motions to amend TCTA governance documents, interpreting existing governance documents, assisting local affiliates in drafting governance documents, and making recommendations for necessary additions or changes in the TCTA governance documents. Thank you for considering me for reelection to this position.

DEBRA HELBERT MEMBERSHIP

TCTA MEMBER FOR 32 YEARS

CURRENT JOB: Science teacher, grades K-5, Long Elementary, Lamar CISD

EDUCATION: Bachelor’s degree in Early Childhood/Elementary Education, Houston Baptist University; Master of Education in Curriculum and Instruction, Houston Baptist University.

PREVIOUS TCTA LEADERSHIP: Lamar CTA faculty representative; District 4 Director CANDIDATE STATEMENT: For the past 24 months, it has been my privilege and honor to serve as TCTA’s Membership chair. TCTA membership is a strong passion of mine. I know from personal experience with friends how detrimental it can be for educators if they have no representation. I share these experiences with teachers to encourage those who are reluctant to join a professional organization. Unfortunately, COVID, teacher exodus and the economy have affected our membership. Our TCTA staff continues to work tirelessly to keep our membership strong. I will continue to work closely with TCTA staff to form ideas and implement ideas to increase our membership to ensure we remain the best professional organization for educators in Texas. It has been a fulfilling experience to serve our dedicated educators at the state level. I thank you for your consideration to allow me to continue as Membership chair.

BREC ESPINOZA LEGISLATION

TCTA MEMBER FOR 9 YEARS

CURRENT JOB: Dyslexia coordinator and educational diagnostician in Brownwood ISD

EDUCATION: Bachelor of Science in Multidisciplinary Studies, Texas Tech University; Master of Education, Midwestern State University

PREVIOUS TCTA LEADERSHIP: District 15 director, DCC 15 president; Brownwood CTA president and faculty representative

CANDIDATE STATEMENT: I would love to serve you as TCTA Legislation chair. I plan to listen to your concerns and be a voice for Texas educators when visiting the elected officials at the Capitol. It would be a privilege to work beside TCTA’s top-rated education lobby team in making sure that TEA, SBOE, SBEC, our governor and lieutenant governor, and our legislators understand that teaching is the most important investment for our country and the future. I would be honored to have the opportunity to serve as the TCTA Legislation chair.

SHARRON WOOD PROFESSIONAL RIGHTS & RESPONSIBILITIES

TCTA MEMBER FOR 20 YEARS CURRENT JOB: Reading specialist, Deweyville Elementary, Deweyville ISD

EDUCATION: Bachelor’s degree in General Studies, Master of Education Administration, ESL

PREVIOUS TCTA LEADERSHIP: LCM CTA secretary; District 5 Director, DCC 5 President and Vice President

CANDIDATE STATEMENT: In the great state of Texas, we have excellent teachers who deserve the very best. The very best begins with you and your team at TCTA. I am a candidate for Executive Board as the Professional Rights and Responsibilities chair. As your representative, I will continue to strive for excellence as your voice. I have been in the educational system for 21 years. I have worked as a substitute, a paraprofessional, a prekindergarten, kindergarten, second grade, third grade and fourth grade teacher and a reading specialist. I have been a member of only one professional organization and I have served in many different capacities from my local to district as well as serving on various committees throughout the years. I hope you will consider me to continue to represent you and TCTA in this role as your representative on the Executive Board as the chair of the Professional Rights and Responsibilities Committee.

Back to Business

Texas lawmakers to grapple with significant challenges during the 2023 session

Texas lawmakers will likely have more money than they can spend when the 88th Legislature convenes in Austin on Jan. 10.

With an unexpected surplus of $27 billion, the State of Texas is expected to be flush with cash for the next two-year budget, but legislators will be constrained from using it all unless they take some politically perilous votes to exceed various limits on spending.

At the same time, the state is grappling with significant challenges that will be costly to address, such as high rates of employee turnover in critical areas, major agency breakdowns, inadequate infrastructure, and underfunding of public education. State agencies have requested almost $20 billion in “exceptional items” on top of their base budgets for 2024-25.

Republicans will remain firmly in charge of the Texas Capitol for the 2023 legislative session, with Gov. Greg Abbott and Lt. Gov. Dan Patrick each winning a third term and Speaker Dade Phelan on track to secure another session as leader of the Texas House of Representatives. The GOP also picked up some new seats in both the Texas House and Senate in the first election using district maps drawn in 2021 to bolster their majority.

Every lawmaker has a lot of ideas about how the surplus should — or should not — be spent.

Abbott has said he wants to tap half of the $27 billion balance to reduce school property taxes, which would help taxpayers but does not provide additional resources for schools.

Property tax relief tops Patrick’s priority list as well, though his approach is somewhat different and would likely provide a smaller tax break than what Abbott has proposed.

Phelan has called for major investments in infrastructure for transportation, water and coastal protection.

Will teachers be a priority?

Given Texas’ strong fiscal situation, the state clearly has the means to provide a significant across-the-board pay raise for teachers. Whether there’s the political will to do so is yet to be determined.

“Teachers stepped up in a big way to serve students during a very tumultuous period,” said Paige Williams, TCTA’s

director of legislation. “It’s long past time for the Texas Legislature to do the same for teachers by compensating them as the highly trained professionals they are.”

TCTA has provided lawmakers an analysis that shows teacher pay has not kept pace with overall increases in school funding. In 2001, teacher salaries accounted for 43.8% of school districts’ per-pupil operating expenditures. Two decades later, that figure has dropped to 38.1%.

If teacher pay had remained in line with increases in school expenditures over that same period, the average teacher salary would have been 15% higher in 2021 — lifting the average teacher salary of $57,641 by an additional $8,660.

In an important show of solidarity, the four statewide groups that represent teachers at the Texas Capitol have all come together to call for an across-the-board pay increase of at least $10,000 in addition to more state support for active teacher health insurance and a boost for retired teachers. (See

page 9 for more on what’s ahead for retirement and health insurance in the 2023 session.)

Patrick included increased teacher pay among his leading budget priorities for the upcoming session. He noted that the Legislature provided teachers a sizable pay increase in 2019, and he’d support doing the same again in 2023.

In 2019, the Texas Legislature included a provision in House Bill 3 that provided for increases in teacher salaries by raising the minimum salary schedule, which lifted salaries for teachers in districts paying at or close to the schedule. That mechanism, however, does not ensure that all teachers benefit from the additional funding.

TCTA has urged lawmakers to take a different approach this time by increasing the basic allotment and adding a provision to guarantee a minimum increase to each educator.

Raising the basic allotment, which is the foundation of the school finance system, is a policy recommendation shared by

a wide array of public education advocates because it helps all school districts equally. It also injects more state dollars into classrooms in contrast to the property tax relief proposals that use state dollars to compress the local tax rate without providing additional resources for students and teachers.

The $6,160 per-student basic allotment was last updated in 2019. Lawmakers, who will be crafting a budget for the next two years, would need to raise the basic allotment by about $1,000 per student just to keep up with inflation today, according to Bureau of Labor Statistics calculations.

Keeping teachers in the classroom

When TEA launched the Teacher Vacancy Task Force in March, Education Commissioner Mike Morath stated that “teachers are the single most important school-based factor affecting student outcomes.”

In an important show of solidarity, the four statewide groups that represent teachers at the Texas Capitol have all come together to call for an across-the-board pay increase of at least $10,000 in addition to more state support for active teacher health insurance and a boost for retired teachers.

Yet teachers were, for the most part, an afterthought in the creation of the task force. The first iteration of the task force included only two teachers among the 28 appointees, though it was subsequently expanded amid criticism that teachers were being given short shrift. And the stated mission of the task force focused primarily on the needs of school districts and administrators, not teachers.

As TCTA noted in a letter to the task force members last spring, the root causes of today’s teacher vacancy crisis are pretty simple to understand: difficult working conditions, low pay, a lack of support from administrators, and hostile political rhetoric directed at teachers for simply doing their jobs.

Task force discussions have not been open to the public but notes from the meetings over the summer seemed promising. It appears now, however, that several teacher-friendly proposals have been watered down or eliminated.

While the task force won’t finalize its recommendations until February, TEA recently asked teacher group representatives to review the preliminary recommendations and identify “what is missing that would be important to your members.” TCTA’s short answer: pretty much everything.

TCTA’s feedback focused on our concern that earlier task force discussions on key issues had either morphed into weakened recommendations or had not been addressed at all. For example, we suggested that the task force make clear that ALL teachers, not only those paid on the minimum salary schedule, should receive an increase in base pay; and we asked for a more direct recommendation on setting limits around extra duty and time requirements for teachers.

TCTA continues to work toward policy solutions that address the root causes of teacher burnout, such uncompensated extra duties and student discipline. For example, TCTA’s lobby team has been assisting Sen. Charles Perry, R-Lubbock, with legislation that would strengthen a teacher’s ability to remove disruptive students from the classroom and that would prohibit school districts from exempting themselves, through the District of Innovation process, from the statutory requirement to have a campus behavior coordinator at every school.

In addition, TCTA has recommended that lawmakers increase the school safety allotment — currently $9.72 per student — and expand the allowable uses so schools can hire behavior interventionists to help teachers manage disruptive students.

Other school safety items, such as school hardening and additional mental health resources for children, will likely be top priorities for the Legislature in the wake of the Robb Elementary shooting in Uvalde. State leaders have already announced new investments in mental health programs, including the Texas Child Health Access Through Telemedicine (TCHATT), and Patrick included rural mental health facilities among his spending priorities.

Discussions about arming teachers or bolstering the school marshal program have been muted so far but could very well pop up during the legislative session.

Empowering parents

Parents have long had clear rights in state law to information about their child’s schooling as well the ability to examine materials and opt out of certain programs and lessons. But the organized efforts to oppose certain library books and other issues led to calls to strengthen parental rights by adding them to the Texas Constitution.

Abbott endorsed the constitutional amendment during his reelection campaign with the aim of reinforcing that “parents are the main decision-makers in all matters involving their minor children.” He also supported expanding parents’ online access to course curriculum and other learning materials, though parents are already entitled to see that information upon request.

Other potential changes include a standard grievance process for parents to challenge books, and penalties for school employees that provide minors offensive materials.

The “parent empowerment” efforts have also breathed new life into a not-so-new issue in the Capitol: private school vouchers.

The Legislature has repeatedly considered vouchers in some form over the past few decades, only to have the proposals killed in the House of Representatives by a coalition composed primarily of Democrats and rural Republicans.

This time, there’s been a stronger outside push than in the past to create a program that allows parents to use public dollars for their child’s private school tuition, homeschooling, or other educational purposes. While voucher proponents weren’t successful in defeating House members who oppose vouchers, they did win the backing of Abbott during his reelection campaign.

Patrick, a longtime voucher supporter, has repeatedly ensured passage of a “school choice” bill out of the Senate and has vowed to do so again in the 88th Legislature. He did, however, acknowledge the concerns of rural voters by suggesting during his reelection campaign that rural areas could be exempted from the legislation.

Phelan, however, remains cool to the voucher idea, citing his intent to leave the matter to the will of the House.

What such a program would look like — and cost — is unclear at this point. Proponents could try to limit the program to certain populations, such as special education students, to control costs and perhaps lure enough holdouts.

TCTA continues to oppose any policy that would divert state money away from public education to pay for private education, which lacks transparency and accountability to taxpayers.

“This session is one of the most crucial we have ever faced,” said Ann Fickel, TCTA’s executive director. “If the Legislature refuses to make a major commitment to enhancing the teaching profession — bolstering compensation, improving working conditions, and promoting respect — we will continue to lose great educators to retirement or to other professions. Teachers have the power of numbers, but we have to be vocal. Now is the time to let your state representative and senator know what it will take to keep you in the classroom.”

DECLARATIONS TCTA EDUCATORS PROFESSIONAL LIABILITY INSURANCE

This Insurance is only available to members of Texas Classroom Teachers Association through Texas Classroom Teachers Association Services Corporation (RPG). THESE POLICY PROVISIONS, WITH THE APPLICATION, DECLARATIONS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THIS POLICY.

ITEM 1. POLICYHOLDER & MAILING ADDRESS

Texas Classroom Teachers Association Services Corporation 700 Guadalupe Austin, Texas 78701

SCOTTSDALE INSURANCE COMPANY

Home Office: One Nationwide Plaza | Columbus, Ohio 43215

Administrative Office: 18700 North Hayden Road Scottsdale, Arizona 85255 800-423-7675 A STOCK COMPANY

GENERAL AGENT NAME & ADDRESS

Notice of CLAIM shall be given to: R-T Specialty, LLC 820 Gessner Road, Suite 1850 Houston, TX 77024-4274

Attn: Claim Administrator Educators Professional Liability

FROM: 08/01/2022 TO: 08/01/2023 12:01 a.m. Standard Time at the address of the POLICYHOLDER as stated herein.

ITEM 2. POLICY PERIOD

ITEM 3. LIMITS OF LIABILITY

COVERAGE A—Educators Liability Insurance

1. Per INSURED, per OCCURRENCE (other than CLAIMS based on alleged federal civil rights violations)

............................................................................. See Section V. Limits of Liability

2. Per INSURED, per OCCURRENCE for CLAIMS based on alleged federal civil rights violations $2,000,000

Subject to the Coverage A.1. limitation above, there is a $10,000,000 annual aggregate for Coverage A.1. for the POLICY PERIOD as respects CLAIMS in excess of $3,000,000.

Coverage A—Annual aggregate for the POLICY PERIOD as respects each INSURED $8,000,000

COVERAGE B—Supplemental Coverage

1. Per INSURED, per CLAIM (other than CLAIMS based on actual or alleged SEXUAL ACTION OR SEXUAL CONDUCT involving a minor or student) .......................................................... $15,000

2. Per INSURED, per CLAIM, and aggregate per INSURED for CLAIMS based on actual or alleged SEXUAL ACTION OR SEXUAL CONDUCT involving a minor or student $10,000

COVERAGE C—Bail Bond per bail bond, per INSURED ............................................................................................................. $5,000

COVERAGE D—IDENTITY THEFT per INSURED $10,000

COVERAGE E—ASSAULT Related Personal Property Damage per ASSAULT ...................................................................... $5,000 Subject to the Coverages B, C, D, and E above annual aggregate for the POLICY PERIOD as respects each INSURED ............................................................................................................................................................. $240,000

NOTICE OF SETTLEMENT OF LIABILITY CLAIMS — TEXAS

(This endorsement is attached to the policy and reproduced below).

The Company will notify the POLICYHOLDER in writing of its initial offer to compromise or settle a CLAIM against the INSURED under this policy. The notice will be given on or before the tenth (10th) day after the date on which the offer is made.

The Company will notify the POLICYHOLDER in writing of any settlement of a CLAIM against the INSURED made under this policy. The notice will be given on or before the thirtieth (30th) day after the date of the settlement.

The following endorsements are attached to the policy but are not reproduced here: NUCLEAR ENERGY LIABILITY EXCLUSION | MOLD EXCLUSION | ASBESTOS EXCLUSION

EDUCATORS PROFESSIONAL LIABILITY POLICY

Scottsdale Insurance Company

A Stock Insurance Company, herein called the Company

This policy is not subject to the terms and conditions of any other insurance and contains provisions that may be different from those of any other insurance. The policy should be read carefully by the INSURED.

I. INSURING AGREEMENTS

In consideration of the payment of premium and full compliance with the terms and conditions contained in this policy, the Company agrees, subject to all limitations, definitions, conditions, exclusions and terms contained in this policy, to provide the INSURED with the coverages set forth herein under COVERAGE A, COVERAGE B, COVERAGE C, COVERAGE D and COVERAGE E as follows:

COVERAGE A — Liability Coverage

To pay on behalf of an INSURED all sums which an INSURED shall become legally obligated to pay as damages by reason of liability imposed on him or her by law for damages resulting from a CLAIM arising solely out of the ACTIVITIES OF AN INSURED IN HIS OR HER PROFESSIONAL CAPACITY and caused by any acts or omissions of the INSURED or any other person for whose acts the INSURED is legally liable, provided such acts or omissions occur during the POLICY PERIOD as stated in Item 2. of the Declarations.

With respect to such CLAIMS under this COVERAGE A and provided the CLAIM is otherwise covered by this policy, the Company shall defend the INSURED against any CLAIM or suit seeking damages which are payable under the terms of this policy, even if such suit is groundless, false or fraudulent; but the Company may make such investigation, negotiation and settlement of any CLAIM or suit as is deemed expedient. The Company shall provide Supplemental Payments in addition to the limits of liability with respect to such insurance as afforded by this policy under COVERAGE A as follows:

1. All expenses incurred by the Company; all costs taxed against the INSURED in any suit defended by the Company and interest only on that part of any judgment therein which occurs after entry of the judgment and before the Company has paid or tendered or deposited in court that part of the judgment which does not exceed the limit of the Company’s liability thereon;

2. Premiums on appeal bonds required in any such suit, premiums on bonds to release attachments in any such suit for an amount not in excess of the applicable limit of liability of this policy, but the Company shall have no obligation to apply or reapply for or furnish any such bonds;

3. Expenses incurred by the INSURED for such immediate medical or surgical relief to others as shall be imperative at the time of the OCCURRENCE, for bodily injury to which this policy applies; and

4. Reasonable expenses incurred by the INSURED at the Company’s request in assisting the Company in the investigation or defense of any CLAIM or suit, including polygraph examination fees, if deemed appropriate by counsel, or actual loss of earnings, not to exceed $50 per day.

COVERAGE B — Supplemental Coverage

To reimburse the INSURED for reasonable attorney’s fees for services and costs of court which the INSURED is legally

obligated to pay in the defense of any CRIMINAL ACTION OR PROCEEDING or for any other proceeding described in COVERAGE B and not otherwise covered by this policy arising as a result of the ACTIVITIES OF AN INSURED IN HIS OR HER PROFESSIONAL CAPACITY, provided such activities occur during the POLICY PERIOD as stated in Item 2. of the Declarations. The INSURED may select an attorney, subject to the approval of the Company. Reimbursement provided shall be limited to the Limit of Liability described for COVERAGE B in the Declarations and further limited to CLAIMS arising from:

1. Expenses incurred in any CRIMINAL ACTION OR PROCEEDING or civil action not otherwise covered under COVERAGE A against the INSURED arising out of ACTIVITIES OF AN INSURED IN HIS OR HER PROFESSIONAL CAPACITY, except those charges or pleadings arising from actual or alleged SEXUAL ACTION OR SEXUAL CONDUCT involving a minor or student, in which instance coverage shall be the limit shown in Item 3. Coverage B.2. on the Declarations. Expenses for any action or proceeding covered by this paragraph will be paid regardless of final judgment;

2. Expenses incurred in any action, proceeding or notice for dismissal of a non-probationary employee at any time or for the dismissal of a probationary employee during the school year, provided, however, that in such an action final judgment is rendered in his or her favor;

3. Expenses incurred in any action against or brought by the INSURED involving dismissal, career ladder level assignments, salary, leave of absence, assignment, resignation, contract nonrenewal, appraisal, or other professional rights, duties and responsibilities, arising within the scope of employment, provided, however, that final judgment is rendered in his or her favor; or

4. Expenses incurred in any action or proceeding against or brought by the INSURED involving the issuance, suspension, cancellation, or revocation of any credential, life diploma, or certification document issued by the State Board for Educator Certification, State Board of Education or other commission, provided, however, that in such an action or proceeding, a final decision or judgment is rendered in his or her favor.

COVERAGE C — Bail Bond

To pay the premium for bail bond required of the INSURED arising solely out of ACTIVITIES OF AN INSURED IN HIS OR HER PROFESSIONAL CAPACITY during the POLICY PERIOD, but without obligation to apply for or furnish such bond. Coverage for bond premiums shall not exceed the limit shown in Item 3. Coverage C.1. on the Declarations.

COVERAGE D — Identity Theft

The Company will reimburse the INSURED for reasonable and necessary attorney fees which the INSURED is legally obligated to

pay an attorney, but without obligation to furnish such attorney, incurred as a result of being a victim of IDENTITY THEFT. Coverage for IDENTITY THEFT shall not exceed the limit shown in Item 3. Coverage D on the Declarations.

COVERAGE E — Assault Related Personal Property Damage

The Company will pay up to the limit of liability shown in Item 3. Coverage E on the Declarations for damage or destruction of the INSURED’S personal property or other people’s personal property when being used by, or in the care, custody or control of

EDUCATORS PROFESSIONAL LIABILITY POLICY

an INSURED, provided the damage or destruction is caused by an ASSAULT upon the INSURED on or surrounding school property or while away from school property provided the INSURED is on an authorized school activity. This coverage is excess over any valid and collectible insurance available to the INSURED including Homeowners and Personal Property Floater policies. This coverage does not apply to damage or destruction of a VEHICLE of any kind. This coverage also does not apply to damage or destruction to property leased to, owned by or rented by an EDUCATIONAL UNIT.

II. COVERAGE LIMITATIONS

Coverage A, B and C shall apply only for CLAIMS arising out of acts or omissions of the INSURED which occur during the POLICY PERIOD set forth in Item 2. of the Declarations.

A. ACTIVITIES OF AN INSURED IN HIS OR HER PROFESSIONAL CAPACITY

Coverage D and E shall apply to ASSAULT or IDENTITY THEFT which is reported to the appropriate civil police entity during the POLICY PERIOD as set forth in Item 2. of the Declarations.

III. DEFINITIONS

D.

Means activities of the INSURED in the course of his or her duties as an educator, classroom teacher, teacher’s aide, school secretary, substitute or student teacher, coach, member of a teaching staff, school nurse, licensed physical therapist, licensed athletic trainer, counselor, student counselor engaged in practicum, librarian, diagnostician, student diagnostician engaged in practicum, or other professional, nonadministrative employee of a Texas public school district or Texas institution of higher education. The terms of this policy shall specifically include the performance of assigned duties of an eligible INSURED as an appraiser, member of a career ladder selection committee, or a site-based decision-making committee.

B. ASSAULT

Means a physical attack on an INSURED. Proof of an ASSAULT shall be a report of such ASSAULT to the appropriate civil police entity during the POLICY PERIOD.

C. CLAIM

1. As respects COVERAGE A, means an oral or written notice from any party whose intention is to hold an INSURED responsible for any acts or omissions of the INSURED arising out of an OCCURRENCE in the course of ACTIVITIES OF AN INSURED IN HIS OR HER PROFESSIONAL CAPACITY.

2. As respects COVERAGE B, means an oral or written notice from the INSURED or the INSURED’S attorney requesting reimbursement for attorney fees as a result of an action or proceeding arising from ACTIVITIES OF AN INSURED IN HIS OR HER PROFESSIONAL CAPACITY.

As respects C.1. and 2. above, CLAIMS based on or arising out of the same ACTIVITIES OF AN INSURED IN HIS OR HER PROFESSIONAL CAPACITY or series of related or continuous ACTIVITIES OF AN INSURED IN HIS OR HER PROFESSIONAL CAPACITY of one or more INSUREDS, regardless of the number of claimants who allege damages, will be considered a single CLAIM.

CRIMINAL ACTION OR PROCEEDING

Means the prosecution during the POLICY PERIOD of any INSURED initiated by the filing, with a court, or an investigation by a law enforcement department or the Child Protective Services that could lead to the filing, with a court, of an information, complaint, or indictment, and any amendments thereto, alleging that the INSURED had committed one or more crimes involving one or more incidents, acts or events. Any such prosecution shall be considered a single CRIMINAL ACTION OR PROCEEDING, notwithstanding the fact that the prosecution may involve multiple incidents, multiple complainants, counts, or charges, and/or multiple trial and/or appellate proceedings.

E. EDUCATIONAL UNIT

Means a school district, a college or university, a state department of education, and/or any other institution for which the instruction of students is its primary purpose.

F. IDENTITY THEFT

Means the act of knowingly transferring or using, without lawful authority, a means of identification of an INSURED with the intent to commit, or to aid or abet another to commit, any unlawful activity that constitutes a violation of federal law or a felony under any applicable state or local law. Proof of IDENTITY THEFT shall be a report of such IDENTITY THEFT to the appropriate civil police entity during the POLICY PERIOD.

G. INSURED

Means a member of the Texas Classroom Teachers Association (TCTA) in accordance with the terms of its governance documents, with the following exceptions: A retired member is not an INSURED. A life member is an INSURED only if the member is engaged in a professional capacity as provided in Section III.A. above, in a position for which the member would otherwise be eligible to join TCTA as an active or associate member and has purchased this coverage. A student member is an INSURED only during the member’s semesters of student teaching for which the POLICYHOLDER has been

notified. If this policy is a renewal, the term INSURED includes any members covered under the expired policy who reapply for coverage within sixty-one (61) days of the inception of this policy and who qualify as INSUREDS under the terms of this policy.

H. OCCURRENCE

Means an event that results in damages to person(s) other than the INSURED. An OCCURRENCE can involve a single, sudden event or the continuous or repeated exposure to the same conditions. If the latter, the exposure shall constitute a single OCCURRENCE and shall be deemed to have occurred as of the most recent exposure to said conditions.

I. POLICYHOLDER

Means the Texas Classroom Teachers Association Services Corporation.

J. POLICY PERIOD

Means the period of time stated in Item 2. of the Declarations.

K. SEXUAL ACTION OR SEXUAL CONDUCT

Means conduct prohibited by a penal statute involving physical, verbal, and/or nonverbal activity of a sexual nature including, without limitation, rape, indecency with a child, indecent

EDUCATORS PROFESSIONAL LIABILITY POLICY

exposure, lewdness, sexual assault, sexual abuse, and other sexual offenses; and any other physical, verbal, and/or nonverbal activity of a sexual nature including sexual harassment with any adult or minor; and any tort or legal or equitable cause of action involving conduct of a sexual nature. The term also means conduct of the INSURED, conduct by a person acting under the direction or supervision of the INSURED, conduct by any person acting in concert with the INSURED, and alleged or actual omissions of the INSURED which may give rise to liability of the INSURED for the SEXUAL ACTION OR SEXUAL CONDUCT of any other person.

L. VEHICLE

Means:

1. Any motor driven device designed for transport on or off public roads. This includes, but is not limited to, autos, buses, motorcycles, motor bicycles, dune buggies, snowmobiles and golf carts;

2. Any trailer or other device being towed by or carried on a VEHICLE; and

3. Any device which travels on fixed rails or crawler treads.

Wheelchairs are not considered VEHICLES.

IV. TERRITORY

This policy applies only to OCCURRENCES within the United States of America, its territories or possessions, or Canada. The

original suit or CLAIM for damages must be brought within the United States of America, its territories or possessions, or Canada.

V. LIMITS OF LIABILITY

The limits of liability provided under COVERAGE A, COVERAGE B, COVERAGE C, COVERAGE D and COVERAGE E are separate and distinct from each other.

A. The limit of liability applicable to Coverage A.1., per INSURED, per OCCURRENCE is the maximum limit of the Company’s liability for any CLAIM(S) not alleging federal civil rights violations:

The first $3,000,000 of the per INSURED, per OCCURRENCE limit for Item 3. Limits of Liability Coverage A.1. is not subject to an annual maximum limit — all CLAIMS for all INSUREDS; The next $5,000,000 up to $8,000,000 per INSURED, per OCCURRENCE limit for Item 3. Limits of Liability Coverage A.1. is subject to an annual maximum limit of $10,000,000 — all CLAIMS for all INSUREDS as stated in Item 3. Coverage A of the Declarations page.

After the annual aggregate is exhausted, the limit of liability stated in Item 3. of the Declarations as applicable to Coverage A.1., per INSURED, per OCCURRENCE is reduced from $8,000,000 to $3,000,000. The annual aggregate is part of and not in addition to the applicable limits of liability for Coverage A.1.

B. The limit of liability applicable to Coverage A.2., per INSURED, per OCCURRENCE for any CLAIM(S) alleging federal civil rights violations shall not exceed the limit shown in Item 3. Coverage A.2. on the Declarations and is the maximum limit of the Company’s liability for any CLAIM(S) alleging federal civil rights violations.

C. The Company’s limit of liability for COVERAGE A is further always subject to the annual aggregate for the POLICY PERIOD as set forth in the Declarations as respects each INSURED member.

D. With respect to COVERAGE B, the Company’s limit of liability is the limit shown in Item 3. Coverage B.1. on the Declarations per INSURED, per CLAIM arising from CRIMINAL ACTION(S) OR PROCEEDING(S) or other proceedings as set forth in I. INSURING AGREEMENTS, COVERAGE B — Supplemental Coverage and is further limited to the limit shown in Item 3. Coverage B.2. on the Declarations, per INSURED and aggregate per INSURED for charges or pleadings of actual or alleged SEXUAL ACTION OR SEXUAL CONDUCT involving a minor or student. The Company’s total liability per INSURED and aggregate per INSURED for charges or pleadings of actual or alleged SEXUAL ACTION OR SEXUAL CONDUCT involving a minor or student shall never exceed the limits shown in Item 3. Coverage B.2.

E. With respect to COVERAGE C, the Company’s limit of liability per bail bond, per INSURED shall not exceed the limit shown in Item 3. Coverage C.1. on the Declarations as respects each INSURED.

F. With respect to COVERAGE D, the Company’s limit of liability per INSURED shall not exceed the limit shown in Item 3. Coverage D on the Declarations as respects each INSURED.

G. With respect to COVERAGE E, the Company’s limit of liability per ASSAULT shall not exceed the limit shown in Item 3.

EDUCATORS PROFESSIONAL LIABILITY POLICY

Coverage E on the Declarations as respects each ASSAULT.

H. The Company’s limit of liability for COVERAGE B, C, D and E is further always subject to the annual aggregate for the

This insurance does not apply:

POLICY PERIOD as set forth in the Declarations as respects each INSURED member.

VI. EXCLUSIONS

A. To any activities of the INSURED not carried on in his or her professional capacity, as defined in III. A. herein;

B. To any loss sustained as a result of the ownership, maintenance, operation, use, loading, or unloading by any INSURED, by any person under the supervision of an INSURED or by any other person of: (a) vehicles of any kind, other than farm tractors not operated on public highways; (b) watercraft; or (c) aircraft; except, however, coverage would apply to: (1) an INSURED who is a driver training instructor while riding as a passenger in the course of his or her duties as an employee of a school system; (2) an INSURED who is an automobile mechanics instructor in the course of his or her regular instruction carried out in a shop provided by the school; and (3) an INSURED while supervising students entering or exiting a school bus. However, coverage does not apply to B.(1), B.(2) or B.(3) above when the INSURED has any other insurance of any kind whatsoever which affords coverage for such CLAIM(S).

SECTION VII–CONDITIONS, F. Other Insurance, does not apply to this exception to Exclusion B.;

C. To liability assumed by the INSURED under any contract or agreement other than a contract or agreement for performance of services or employment as an instructor, or member of a faculty or teacher staff or a Texas public school or Texas institution of higher education;

D. To any obligation of the INSURED directly occasioned by, happening through, or in consequence of war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation or nationalization or requisition or destruction of or damage to property by or under the order of any government or public or local authority;

E. To employers’ liability, including employers’ liability as respects occupational diseases, and any obligation for which the INSURED or the INSURED’S employer and/or any company as their insurer may be held liable under any workers’ compensation, unemployment compensation, or disability benefits or similar law; and any obligation of the INSURED or the INSURED’S employer to indemnify another or contribute to the liability of another arising from a CLAIM by an employee of the INSURED arising out of the course of employment of that employee;

F. 1. To the rendering of any dental, medical or surgical services or the omission thereof, except by an INSURED who is a registered or licensed vocational nurse, licensed physical therapist, or licensed athletic trainer in the course of his or her duties as an employee of a school system; or who is performing the procedure as a related service for a student with disabilities or pursuant to an individualized education program; or

2. To the administering of medication to students by

any INSURED unless the INSURED administers the medication pursuant to an employing district’s policy adopted pursuant to Sec. 22.052(a), Texas Education Code or any similar state or local law;

G. To the sale or furnishing of any food or beverage, whether in a cafeteria or otherwise, except to the reimbursement of attorney’s fees as provided under COVERAGE B.2., 3. and 4.;

H. To criminal acts or for conduct prohibited by a state or federal penal statute, except as provided in COVERAGE B;

I. To the defense of any civil suit for alleged or actual criminal acts or for conduct prohibited by a state or federal penal statute other than corporal punishment of any student by or at the direction of the INSURED administered as permitted by the law governing corporal punishment in the jurisdiction where the school is located;

J. To CLAIMS brought by INSUREDS against the POLICYHOLDER, as defined by the policy, or against the Texas Classroom Teachers Association;

K. To punitive damages or exemplary damages in excess of $5,000;

L. To any damages resulting from intentional acts of, or at the direction of, the INSURED, whether or not such damages are intended or foreseeable, except as provided by the following three exceptions to this exclusion:

1. This exclusion shall not apply to acts involving corporal punishment of any student or pupil administered by or at the direction of the INSURED in the course of ACTIVITIES OF AN INSURED IN HIS OR HER PROFESSIONAL CAPACITY administered as permitted by the law governing corporal punishment in the jurisdiction where the school is located;

2. This exclusion shall not apply to allegations of libel, slander, or defamation of character arising from an act within the course and scope of employment of an INSURED;

3. This exclusion shall not apply if the civil proceeding against the INSURED is based on an alleged violation of any civil rights guaranteed by the Constitution or Civil Rights statutes of the United States, except that this insurance shall not apply to any damages resulting from acts or omissions indicating deliberate indifference to a clearly established statutory or constitutional right of another of which a reasonable person would have known;

M. To any action for equitable relief, injunctive relief, declaratory relief or any other relief or recovery that is not seeking monetary judgment, award or settlement, except as provided in COVERAGE B, unless the relief prayed for also seeks damages which are covered under COVERAGE A;

N. To any action for any fees, costs or expenses including, but not limited to claimant/plaintiff attorney fees related to equitable

EDUCATORS PROFESSIONAL

LIABILITY POLICY

relief, injunctive relief, declaratory relief or any other relief or recovery that is not seeking a monetary judgment, award or settlement, except as provided in COVERAGE B, unless the relief prayed for also seeks damages which are covered under COVERAGE A;

O. To activities of any INSURED while acting in his or her capacity as an administrator or a member of any School Board or similarly constituted body, or other capacity for which the individual is ineligible for membership in the Texas Classroom Teachers Association;

P. To any obligation of the INSURED arising out of Human Immunodeficiency Virus (HIV), Aids Related Complex (ARC), Acquired Immune Deficiency Syndrome (AIDS), or any virus, complex or syndrome related to the preceding including, but not limited to, any CLAIM, accusations, or charges brought against any INSURED, and to any obligation or duty of the Company to afford defense for such CLAIMS, accusations, or charges that were made because of any damages or injury arising out of HIV, ARC, and/or AIDS, no matter how transmitted;

Q. To bodily injury or personal injury; or loss of, damage to, or loss of use of property directly or indirectly caused by or arising out of seepage into or onto and/or pollution of and/or contamination of air, land, water and/or any other property, however caused and whenever happening, or to bodily injury or personal injury; or loss of, damage to, or loss of use of property directly or indirectly caused by or arising out of: (a) disposal, dumping, conveyancing, carriage, or transportation of any seeping and/or polluting and/ or contaminating substances or materials or waste substance(s) or waste material(s) of whatever nature; (b) waste of disposal sites which were, or currently are, owned, operated, or used by the INSURED or were or currently are utilized by others acting for and/or on behalf of the INSURED; or (c) evaluating and/or

monitoring and/or controlling and/or removing and/or nullifying and/or cleaning up seeping and/or polluting and/or contaminating substances and materials.

The words “loss of, damage to, or loss of use of property” as used in this exclusion include, but shall not be limited to: (a) the costs of evaluating and/or monitoring and/or controlling and/or removing and/or nullifying and/or cleaning up seeping and/or polluting and/or contaminating substances; (b) loss of, damage to or loss of use of property directly or indirectly resulting from subsurface operations of the INSURED; and (c) removal of, loss of, or damage to subsurface oil, gas or any other substances;

R. To any circumstance or CLAIM resulting from the manufacture, distribution or use of asbestos or products or premises containing asbestos fiber including, but not limited to, any circumstance or CLAIM resulting from asbestosis or any related disease and any circumstance or CLAIM resulting from the inhalation of asbestos fiber and including, but not limited to, any circumstance or CLAIM arising out of the abatement or removal of asbestos from buildings;

S. To CLAIMS for actual or alleged SEXUAL ACTION OR SEXUAL CONDUCT of an INSURED or any other person or to the defense thereof, regardless of whether such action is alleged to be intentional or negligent, including, but not limited to, charges of sexual harassment brought by an employee or by or on behalf of a student of any school district or institution of higher education, except to the reimbursement of attorney’s fees as provided under COVERAGE B; or

T. To the payment of any fines, monies, levies or other forms of payment required by a judge, court, or administrative agency as restitution or penalty for commission of a crime or for engaging in conduct prohibited by an administrative rule or regulation by an INSURED.

VII. CONDITIONS

A. In addition to all the above terms, limitations, provisions, conditions and exclusions, this policy is further subject to the following conditions:

1. If a CLAIM is first made or suit is first brought against an INSURED for an act or omission which occurred during the POLICY PERIOD as stated in Item 2. of the Declarations, the INSURED shall immediately forward in writing to the POLICYHOLDER or the Company every demand, notice of summons or other process received by his or her representatives. If the required documentation is sent to the POLICYHOLDER, the POLICYHOLDER shall then immediately forward to the Company every demand, notice of summons or other process received by his or her representatives.

2. The INSURED shall cooperate with the Company and, upon the Company’s request, shall submit to examination and interrogation by a representative of the Company, under oath if required, and shall attend hearings, depositions and trials and shall assist in effecting settlement, securing and giving evidence, obtaining the attendance of witnesses in the conduct of suits, as well as in the giving of written statement or statements to

the Company’s representatives, and meetings with such representatives for the purpose of investigation or defense and all without charges to the Company.

3. Upon request, the Company shall furnish the INSURED copies of CLAIM or suit pleading, motion papers and depositions. The Company will defend any suit against the INSURED seeking damages to which this insurance applies, even if any of the allegations of the suit are groundless, false or fraudulent, and it is agreed that the Company may make such investigation and settlement of any CLAIM or suit as it deems expedient, but the Company shall not be obligated to pay any CLAIM or judgment or to defend any suit after the applicable limit of the Company’s liability has been exhausted by payment of judgments or settlements.

4. The Company shall have the exclusive right to contest or settle any of the said suits or CLAIMS. The INSURED shall not interfere in any way respecting any negotiations for the settlement of any CLAIM or suit, or in the conduct of any legal proceedings. The INSURED will cooperate with the Company’s authorized representatives and render to them all possible cooperation and assistance.

B. SETTLEMENT

The INSURED shall not, except at his or her own cost, voluntarily make any payment, admit any liability, settle any CLAIM, assume any obligation, or incur any expense without the written consent of the Company.

C. SUBROGATION

In the event of any payment under this policy, the Company shall be subrogated to all the INSURED’S rights of recovery against any person or organization and the INSURED shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The INSURED shall do nothing after loss to prejudice such rights.

D. IMPAIRMENT OF RECOVERY

The Company shall not be bound to any loss of the INSURED if the INSURED shall have impaired any right of recovery for loss.

E. ACTION AGAINST COMPANY

No action shall lie against the Company unless, as a condition precedent thereto, there shall have been full compliance with all the terms of this policy, nor until the amount of the INSURED’S obligation to pay has been finally determined either by judgment against the INSURED after actual trial or by written agreement of the INSURED, the claimant and the Company. Any person or organization or the legal representative thereof who has secured such judgment or written agreement shall thereafter be entitled to recover under this policy to the extent of the insurance afforded by this policy. No person or organization shall have any right under this policy to join the Company as a party to any action against the INSURED to determine the INSURED’S liability, nor shall the Company be impleaded by the INSURED or his or her legal representative. Bankruptcy or insolvency of the INSURED or of the INSURED’S estate shall not relieve the Company of any of its obligations hereunder.

F. OTHER INSURANCE

This policy is specifically excess if the INSURED has other insurance of any kind whatsoever, whether primary or excess, or if the INSURED is entitled to defense or indemnification from any other source whatsoever, including by way of example only, such sources as state statutory entitlements or provisions. Other insurance includes, but is not limited to, insurance policies, state pools, and programs of self-insurance, purchased or established by or on behalf of any EDUCATIONAL UNIT, to insure against CLAIMS arising from activities of the EDUCATIONAL UNIT or its employees, regardless of whether or not the policy or program provides primary, excess, umbrella or contingent coverage. In addition, COVERAGE A is specifically excess over coverage provided by any EDUCATIONAL UNIT’S or school board’s errors and omissions or general liability policies, purchased by the INSURED’S employer or former employers, or self-insurance program or state pools, whether collectible or not, and it is specifically excess over coverage provided by any policy of insurance which purports to be excess to a policy issued to the INSURED.

This condition is not applicable to Section VI–EXCLUSIONS, Exclusion B.

G. ASSIGNMENT

Assignment of interest under this policy shall not bind the

Company until its consent is endorsed hereon. If, however, the INSURED shall die or be adjudged to be incompetent, this policy shall cover the INSURED’S legal representatives as INSURED with respect to liability previously incurred and covered by this policy.

H. DECLARATIONS

By acceptance of this policy, the INSUREDS, the POLICYHOLDER, and any successors agree that the statements in the Declarations and in the application forming a part of this policy are issued in reliance upon the truth hereof and that this policy embodies all agreements existing between such persons and the Company or its agent relating to this insurance.

I. CHANGES

Notice to any agency or knowledge possessed by any agent or by any other person shall not effect a waiver or change in any part of this policy or stop the Company from asserting any right under the terms of this policy nor shall the terms of this policy be waived or changed except by endorsement issued to form a part of this policy.

J. CANCELLATION OR NONRENEWAL

This policy may be canceled by the POLICYHOLDER by surrendering the policy to the Company or any of its authorized agents, or by mailing to the Company written notice stating when thereafter the cancellation shall be effective.

This policy may be canceled for nonpayment of premium with a written notice to the POLICYHOLDER mailed to the address shown in the Declarations, stating when, not less than sixty (60) days such cancellation will be effective. In which case, earned premium shall be computed pro rata.

If this policy shall be canceled by the POLICYHOLDER, the Company shall retain the customary short rate proportion of the premium hereon. Payment or tender of any unearned premium by the Company shall not be a condition precedent to the effectiveness of cancellation, but such payment shall be made as soon as practicable. If the period of limitation relating to the giving of notice is prohibited or made void by any law controlling the construction thereof, such period shall be deemed to be amended to be equal to the minimum period or limitation of such law.

In the event of cancellation and with the consent of the Company, not to be unreasonably withheld, the coverage for individuals for whom premium has been paid will continue until the end of the POLICY PERIOD. If the Company elects not to renew this policy at the end of a POLICY PERIOD, a written notice of nonrenewal stating the reason for such nonrenewal will be mailed or delivered to the POLICYHOLDER at least ninety (90) days before the expiration date of the policy. The notice will be mailed to the last known address of the POLICYHOLDER. If notice is mailed, proof of mailing is sufficient proof of notice.

If the policy is written on a reporting basis, the POLICYHOLDER agrees in the event of cancellation to report the units of exposure and to pay premium thereon to the Company as provided herein up to date of cancellation. Premium adjustment may be made either at the time cancellation is effected or as soon as practical after cancellation becomes effective, but payment or tender of unearned premiums is not a condition of cancellation.

EDUCATORS PROFESSIONAL LIABILITY POLICY

K. SOLE AGENT

Notice to the POLICYHOLDER shall constitute notice to each INSURED. By acceptance of this policy, the POLICYHOLDER will act on behalf of all INSUREDS with respect to:

1. The giving and receiving of notice of CLAIMS or cancellation;

2. Accepting any endorsement issued to this policy;

3. Paying premium when due; and

4. Receiving return premium.

Each INSURED agrees the POLICYHOLDER will act on the

INSURED’S behalf. The POLICYHOLDER is charged with the responsibility of notifying the Company and all INSUREDS of any changes that might affect the insurance provided by this policy.

L. AUDIT

The deposit premium shown in the Declarations is provisional and is based on the number of insured members at inception. The POLICYHOLDER agrees to maintain a record of insured members and the policy will be subject to audit in a manner determined by the General Agent with the agreement of the Company. The premium will be adjusted accordingly based on the outcome of the audit. The final premium is subject to a Minimum Earned Premium.

DEDUCTIBLE ENDORSEMENT (THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY)

The following is added to Section III. DEFINITIONS: Deductible means the amount the POLICYHOLDER must pay for CLAIMS.

The following is added to Section V. LIMIT OF LIABILITY: Subject to the Limits of Liability, the Company will only be liable to pay CLAIMS in excess of the per CLAIM DEDUCTIBLE shown in ITEM 4. DEDUCTIBLE, 1. Per CLAIM of the Declarations.

The total of the POLICYHOLDER’S responsibility for all

DEDUCTIBLE payments will not exceed the Annual Aggregate DEDUCTIBLE amount stated in ITEM 4. DEDUCTIBLE, 2. Annual Aggregate of the Declarations.

In the event that the Company expends funds for CLAIMS on the INSURED’S behalf, the POLICYHOLDER will reimburse the Company for such expenditures up to the amount of the DEDUCTIBLE shown in ITEM 4. DEDUCTIBLE of the Declarations. Reimbursement of the DEDUCTIBLE will be due within sixty (60) days from the date the Company bills the POLICYHOLDER.

FIREARMS EXCLUSION

(THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY)

The following exclusion is added to the EXCLUSIONS Section of the policy:

The Company shall not be obligated to make any payment or defend any lawsuit in connection with any CLAIM against the insured arising from:

1. The ownership, possession, maintenance, use (including the loading, reloading or use of ammunition), threatened use, operation or entrustment to others of any FIREARMS(S) by any insured; or

2. The negligent hiring or supervision of others by any

insured with respect to the ownership, possession, maintenance, use (including the loading, reloading, or use of ammunition), threatened use, operation or entrustment to others of any FIREARM(S).

The following definition is added to the DEFINITIONS Section of the policy:

FIREARM(S) includes, but is not limited to, guns, handguns, revolvers, pistols, rifles, shotguns, semi-automatic weapons or stun guns or similar devices.

All other terms and conditions of this policy remain unchanged.

TEXAS AMENDATORY ENDORSEMENT

(THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY)

Coverage A. is afforded for Educators Liability subject to the limits of liability, as stated in Item 3. of the Declarations, in excess of the underlying limit provided to Texas public school district employees through the Texas Association of School Boards (TASB) for liability for damages arising from negligence,

wrongful acts or failure to act.

The following is to the Other Insurance Condition: In addition, Coverage A. is specifically excess over coverage provided by the Texas Association of School Boards (TASB).

EDUCATORS PROFESSIONAL LIABILITY POLICY

REIMBURSEMENT OF ATTORNEY FEES — PRIVATE INSTRUCTION (THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY)

1. The following is added to SECTION I — INSURING AGREEMENTS, Coverage B — Reimbursement of Attorney Fees, Subsection A.:

A. The Company will reimburse the insured for reasonable and necessary attorney fees which the insured is legally obligated to pay an attorney for the defense of any action brought against such insured arising out of the following activities, but without obligation to furnish such attorney: incurred in the defense of an action or proceeding against the insured arising from private instruction activities of such insured.

2. As respects the coverage provided by this endorsement, the following sublimits apply:

Coverage B — Reimbursement of Attorney Fees

SCOTTSDALE

IMPORTANT NOTICE — TEXAS

Sublimits of Liability

$10,000 per CLAIM, per insured $10,000 Annual Aggregate, per insured and subject to the Annual Aggregate, all CLAIMS, as shown on the Declarations. The sublimits of liability stated in this endorsement shall be part of, and not in addition to, the limits of liability shown on the Declarations.

3. Exclusion B. of SECTION VI — EXCLUSIONS is deleted in its entirety and is replaced by the following: The Company shall not be obligated to make any payment or defend any lawsuit in connection with any CLAIM against the insured arising from:

B. as respects Coverage A. only, activities of the insured carried on in a private business or private professional endeavor.

INSURANCE COMPANY

To obtain information or make a complaint: You may contact your agent or you may call Scottsdale Insurance Company’s toll-free number at: 1-800-423-7675.

You may also write to Scottsdale Insurance at: Scottsdale Insurance Company 8877 N. Gainey Center Drive PO Box 4110 Scottsdale, AZ 85261

You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439.

You may write the Texas Department of Insurance at: MC 111-1A PO Box 149104 Austin, TX 78714-9104 Fax: 1-512-490-1007 Web: http://www.tdi.texas.gov Email: ConsumerProtection@tdi.texas.gov

PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance.

ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document.

LOSS CONTROL AVAILABILITY — TEXAS Loss Control techniques are a function of safety in any operation. Loss Control is a managed analysis of accidents, equipment, facilities and employees to reduce the possibility that a loss will occur and/or reduce the severity of those that do occur. One or more of the following methods for controlling losses may be implemented:

• On-site physical inspection with recommendations for improvement

• Hand-outs of similar industry claims and loss analysis

• Provision of loss summaries and analysis of your operation

• Recommendations for vehicle maintenance and inspection

• Bulletin board type safety materials for posting in conspicuous locations

• Loss Control Newsletter

Managing losses through Loss Control techniques can reduce both personal and financial injury. Should you desire Loss Control services, call 1-800-423-7675, extension 3184.

The professional liability insurance is provided by Scottsdale Insurance Company, a wholly owned subsidiary of Nationwide®, one of the largest insurance and financial service providers in the United States with an A.M. Best Rating of A+XV (superior). The coverage is provided through a purchasing group, and the insurer may not be subject to all insurance laws and regulations of the state.

RISK MANAGEMENT OVERVIEW

Information provided by the Texas Classroom Teachers Association in cooperation with Scottsdale Insurance Company

THE SCOPE OF QUALIFIED IMMUNITY IN TEXAS

Fortunately for Texas teachers, the state of Texas has strong laws providing for qualified immunity from liability for professional public school employees. The purpose of this article is to provide an overview of those state statutes and review sources of potential liability in an effort to prevent liability. (NOTE: This article does not address any potential liability under federal law.) The Texas statute that provides for qualified immunity was amended and strengthened by the 78th Texas Legislature during the regular session and reads as follows:

Sec. 22.051. DEFINITION; OTHER IMMUNITY.

(a) In this subchapter, “professional employee of a school district” includes:

(1) a superintendent, principal, teacher, including a substitute teacher, supervisor, social worker, school counselor, nurse, and teacher’s aide employed by a school district;

(2) a teacher employed by a company that contracts with a school district to provide the teacher’s services to the district;

(3) a student in an education preparation program participating in a field experience or internship;

(4) a school bus driver certified in accordance with standards and qualifications adopted by the Department of Public Safety of the State of Texas;

(5) a member of the board of trustees of an independent school district; and

(6) any other person employed by a school district whose employment requires certification and the exercise of discretion.

(b) The statutory immunity provided by this subchapter is in addition to and does not preempt the common law doctrine of official and governmental immunity.1

Sec. 22.0511. IMMUNITY FROM LIABILITY.

(a) A professional employee of a school district is not personally liable for any act that is incident to or within the scope of the duties of the employee’s position of employment and that involves the exercise of judgment or discretion on the part of the employee, except in circumstances in which a professional employee uses excessive force in the discipline of students or negligence resulting in bodily injury to students.

(b) This section does not apply to the operation, use, or maintenance of any motor vehicle.

(c) In addition to the immunity provided under this section and under other provisions of state law, an individual is entitled to any immunity and any other protections afforded under the Paul D. Coverdell Teacher Protection Act of 2001 (20 U.S.C. Section 6731 et seq.), as amended. Nothing in this subsection shall be construed to limit or abridge any immunity or protection afforded an individual under state law. For purposes of this subsection, “individual” includes a person who provides services to private schools, to the extent provided by federal law.2

(d) A school district may not by policy, contract, or administrative directive:

(1) require a district employee to waive immunity from liability for an act for which the employee is immune from liability under this section; or

(2) require a district employee who acts in good faith to pay for or replace property belonging to a student or other

person that is or was in the possession of the employee because of an act that is incident to or within the scope of the duties of the employee’s position of employment. Generally, the statute provides qualified immunity from liability in the following situation for the persons defined in Section 22.051. A professional school employee is immune from liability under state law if the following conditions are met:

• the act is incident to or within the scope of the duties of the employee’s position of employment;

• the act involves the exercise of judgment or discretion on the part of the employee;

• the employee is not using excess force or negligence in the discipline of a student3; and

• the act does not involve the operation, use, or maintenance of any motor vehicle.4

Other than the use of motor vehicles, professional school employees have exposure to potential liability in two primary areas: ministerial acts and student discipline. Ministerial acts are actions or omissions that do not involve the exercise of judgment or discretion on the part of the employee. The negligent performance of (or lack of performance of) a ministerial act by a professional school employee resulting in injury could make the teacher liable for the injury. So far, the Texas cases have construed the term “ministerial” fairly narrowly. The Texas Supreme Court defines ministerial acts as those “where the law prescribes and defines the duties to be performed with such precision and certainty as to leave nothing to the exercise of discretion or judgment.”5

Nevertheless, the Texas Supreme Court has declined to overrule a decision of the Fort Worth Court of Appeals holding that the alleged failure of school employees to follow certain mandatory procedures of the school constituted a ministerial act for which the qualified immunity from liability did not apply.6 In that case, a mentally disabled student was allegedly sexually assaulted by another student in the school elevator. The school administration implemented new procedures that included such measures as never allowing the students to be alone together, only allowing adults to have the keys to the elevator, and executing a mandatory tardy policy for the students. The parents of the student alleged that these procedures were not followed and that the student was assaulted two additional times in the school elevator. The parents filed suit against the school district superintendent, principal, vice principal and special education diagnostician. These professional school employees asserted that they were entitled to the qualified immunity from liability. The Court of Appeals held that they were not entitled to immunity from liability. According to the court, the procedures that were implemented to protect the student from additional assaults “defined the duties with such precision as to leave nothing to the exercise of Appellants’ judgment or discretion.”7 Since those

procedures were not followed, the employees could be held liable under Texas tort law.

The other source of potential liability is in the discipline of students. A professional school employee can be liable for using excessive force in the discipline of students or by being negligent in the discipline of students. The most important thing to keep in mind is to be very careful not to use excessive force when disciplining students. You should be very familiar with your district’s policies relating to student discipline, especially if your policies authorize corporal punishment. You should also strictly adhere to any policies relating to physical contact with students. While provisions of the Texas Penal Code and Education Code allow an educator to use reasonable force to maintain discipline, you should only use force on a student if necessary to protect another student or yourself from bodily injury.8

Teachers must keep in mind that potential liability for the negligent discipline of a student is not limited to situations involving corporal punishment or use of force against a student. The Dallas Court of Appeals envisioned the following scenario as a basis for potential liability:

In other instances, the punishment involves no force, but rather requires some action on the part of the student as a result of which the student suffers bodily injury. An example of the latter instance would be running laps around an athletic field. It is conceivable that an act or failure to act on the part of the professional employee might be a proximate cause of bodily injury suffered by a student in running the laps.9

While the definition of corporal punishment in state law excludes physical pain caused by reasonable physical activity associated with athletic training, competition or physical education, any physical activity should be assigned for the purpose of conditioning or training rather than as punishment.10

Professional employees should also note that another statute providing for immunity from liability for employees who dispense medication to students has been amended. This law provides:

(a) On the adoption of policies concerning the administration of medication to students by school district employees, the school district, its board of trustees, and its employees are immune from civil liability from damages or injuries resulting from the administration of medication to a student if:

(1) the school district has received a written request to administer the medication from the parent, legal guardian, or other person having legal control of the student; and

(2) when administering prescription medication, the medication is administered either:

(A) from a container that appears to be: (i) the original container; and (ii) properly labeled; or

(B) from a properly labeled unit dosage container filled by a registered nurse or another qualified district employee, as determined by district policy, from a container described by Paragraph (A).11

(b) The board of trustees may allow a licensed physician or registered nurse who provides volunteer services to the school district and for whom the district provides liability insurance to administer to a student:

(1) nonprescription medication; or

(2) medication currently prescribed for the student by the student’s personal physician.

(c) This section may not be construed as granting immunity from civil liability for injuries resulting from gross negligence. It is unclear whether this law is supplemental to the immunity provided by Section 22.0511, or whether it creates an entirely different standard for immunity when dispensing medication. Although it is possible that Section 22.0511 also applies, school employees should only dispense prescription medication under the circumstances provided under the above statute.

While Texas law provides a strong qualified immunity to its professional school employees, it is clear that there are situations in which there is exposure. For this reason, it is fortunate that the Texas Legislature placed a $100,000 cap on damages for suits against professional school employees for “actions incident to or within the scope of duties of the employee’s position of employment.”12 As this is a relatively new statute, it remains to be seen how the Texas courts will implement this cap on damages.

The fact that you may be immune from liability in certain circumstances does not keep someone from filing a lawsuit against you. If this happens, you will need the assistance of qualified counsel to represent you and assert the qualified immunity from liability on your behalf. You should be sure that you renew your membership in TCTA and the professional liability coverage within the grace period provided by the policy to make sure there is no lapse in your coverage. One of the most important ways to prevent liability is to consult with legal counsel if you have any questions about your potential for liability and how to minimize it. TCTA members are fortunate to have toll-free access to staff attorneys to advise you on these matters. If you ever have any questions about the potential for liability, you should contact the TCTA Legal Department at 888-879-8282.

1 Section 22.051, Texas Education Code.

2 Section 22.0511, Texas Education Code.

3 The Texas Supreme Court has ruled that the use of the term negligence in this wording of the statute applies only in the context of disciplining a student. Barr v. Bernhard, 562 S.W.2d 844 (Tex.1978); Hopkins v. Spring Independent School District, 736 S.W.2d 617 (Tex. 1987).

4 It is important to note that the professional liability policy available to TCTA members does not cover the operation, use or maintenance of any motor vehicle except as provided by Exclusion B in Section VI of the policy. Members should make sure they are covered by their own motor vehicle policy or that they are specifically named as an insured under their district’s motor vehicle policy if they transport students, whether in a school district vehicle or a personal vehicle.

5 Downing v. Brown, 935 S.W.2d 112, 114 (Tex.1996).

6 Myers v. Doe, 52 S.W.3d 391, 395-96 (Tex.App.-Fort Worth 2001, pet. denied).

7 Id. at 396.

8 Section 22.0512, Texas Education Code and Section 9.62, Texas Penal Code.

9 Diggs v. Bales, 667 S.W.2d 916, 918 (Tex.App.-Dallas 1984, writ ref’d n.r.e.).

10 Section 37.0011, Texas Education Code.

11 Section 22.052, Texas Education Code.

12 Section 22.0515, Texas Education Code

LEGAL NOTES

Continued from page 7

by Texas Education Code §37.009. It is required to be scheduled by the campus behavior coordinator, or other appropriate administrator, and include a parent or guardian of the student, the teacher removing the student from class, if any, and the student. At the conference, the student is entitled to written or oral notice of the reasons for the removal, an explanation of the basis for the removal, and an opportunity to respond to the reasons for the removal. The student may not be returned to the regular classroom pending the conference.

If the administrator decides to place the student back in class over the teacher’s objection, a Placement Review Committee must be convened to consider the placement of the student. Texas Education Code §37.003 says this committee shall consist of three members made up of two teachers selected by the campus faculty, and one member that the principal chooses from the professional staff at a campus. Please note that the teacher who has removed the student may not serve on this committee. This committee will meet and determine what is the best or only setting for the student. Only a lawfully constituted Placement Review Committee can return a student to a teacher’s class.

Again, when a teacher removes a student from class, the principal can put the student into another teacher’s classroom, into in-school suspension, or into a DAEP. The teacher does not have to accept the return of this student to their class unless a committee composed in part of teachers determines that this classroom is the best or only alternative for the student. More importantly, the campus administration has no authority to prohibit a removal.

There is one important exception to the ability of a district to place a student back in a teacher’s class after removal. Pursuant to a law that was initiated by TCTA, a teacher may not be placed back in a teacher’s class if the student has assaulted the teacher, causing bodily injury. According to case law, the infliction of pain is considered to be bodily injury, so a punch, bite, or slap causing pain would apply, as would a shove that causes pain due to a fall or being pushed into an object, if the shove causes pain. There may be an issue about how this law applies to special education students, but the provision should apply unless the removal constitutes a change in placement for the student.

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

WASHINGTON WATCH

Continued from page 8

include school choice, charter schools and parents’ rights in reviewing curriculum that may include gender and race ideologies. There also is interest in reforming the postsecondary education system and expanding pathways to careers as well as blocking the Biden administration’s efforts to forgive student loan debt and protect LGBTQ students’ rights. Although the Higher Education Act and the Elementary and Secondary Education Act both need to be reauthorized, it seems unlikely there will be political muscle to revive those efforts in 2023.

House Republicans will have more sway in determining hearing topics and will be able to select more witnesses on panels and provide general oversight of the U.S. Department of Education. While the department is working on Title IX regulations, such as adding protections for LGBTQ students, the committee will inspect, examine, review and question every piece of guidance and rulemaking as it moves forward. Regardless, Education Secretary Miguel Cardona is expected to forge ahead on many of these policy priorities.

Social Security offsets

The Social Security Fairness Act of 2021 (H.R. 82), which repeals the Windfall Elimination Provision and the Government Pension Offset, passed out of the House Ways and Means Committee in September. Although the bill was not advanced with a favorable opinion, it was placed on the consensus calendar of the House floor, which is a fast-track mechanism. One of the drawbacks of the measure is that it

does not have a “pay-for,” an offset to minimize the impact on the federal debt. There are also concerns about the bill’s broader impact on the solvency of Social Security. If Speaker Nancy Pelosi does not elect to bring the bill for a vote on the House floor before the start of the next Congress in January, the measure will die. Another bill would need to be introduced in the 118th Congress for the process to start again. There are members from both sides of the aisle who are supportive of repealing the provisions, including Cassidy and Sanders.

Student Loan Debt Forgiveness

In February, the U.S. Supreme Court will take up a state challenge to President Biden’s student debt relief program. This action was taken at the administration’s request following a ruling from a lower court that refused to lift an order blocking an executive action to cancel federal student loans for millions of borrowers. In anticipation of a delayed ruling, the U.S. Department of Education extended the loan repayment pause that began with the onset of the COVID-19 pandemic through the end of June 2023. The Biden administration’s debt forgiveness plan provides up to $20,000 in relief to Pell Grant recipients with loans held by the U.S. Department of Education and up to $10,000 in debt relief to non-Pell Grant recipients. Borrowers are eligible for this relief if their individual income is less than $125,000 or $250,000 for households. The application process has been halted and actual debt discharge is paused until the Supreme Court rules on the case.

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

Continued from page 2

administrators and police departments to get together to start programs that encourage our students to stay away from drugs and other outside distractions.

We also need to remember to take care of ourselves — mentally, physically and emotionally. We have to remember self-care and also to look out for our teacher friends. But even with these challenges, it’s exciting to have a year that feels like normal.

After my recent trip to District 1 for their Christmas party, I’m really looking forward to seeing many of you at TCTA’s 2023 Convention at Kalahari Resort in Round Rock this February. We’ll share ideas, set policy positions and, best of all, meet new friends and catch up with old ones. If you arrive by that Friday evening, I’m challenging all my directors and district members to a bowling tournament. We want to work together to make TCTA better than ever, but we also want everyone to come and enjoy yourselves and bring your families. This will really be an AMAZING convention and I can’t wait to see you.

TCTA 2022-23 State President Eleanore Malone teaches in Chapel Hill ISD in Tyler.

U.S. Postal Service Statement of Ownership, Management and Circulation*

Publication Title: The Classroom Teacher

Publication Number: 815620

Filing Date: Sept. 27, 2022

Issue Frequency: Quarterly

Number of Issues Published Annually: 4

Annual Subscription Price: $10

Complete Mailing Address of Known Office of Publication: PO Box 1489, Austin, Travis County, TX 78767-1489

Contact Person: M. Clare Haefner; Telephone: 512-477-9415

Complete Mailing Address of Headquarters or General Business Office of Publisher: PO Box 1489, Austin, Travis County, TX 78767-1489

Full Names and Complete Mailing Addresses of Publisher, Editor, and Managing Editor: Texas Classroom Teachers Association (Publisher), PO Box 1489, Austin, TX 78767-1489; M. Clare Haefner (Editor), PO Box 1489, Austin, TX 78767-1489; Ann Fickel (Managing Editor), PO Box 1489, Austin, TX 78767-1489

Owner: Texas Classroom Teachers Association, PO Box 1489, Austin, TX 78767-1489; Texas Classroom Teachers Assoc, 700 Guadalupe St., Austin, TX 78701

Known Bondholders, Mortgagees, and Other Security Holders Owning or Holding 1 Percent or More of Total Amount of Bonds, Mortgages, or Other Securities: None Tax Status: Has Not Changed in Preceding 12 months

Publication Title: The Classroom Teacher

Issue Date for Circulation Data Below: July 12, 2022 Extent and Nature of Circulation: Average No. Copies Each Issue in Preceding 12 Months:

a. Total Number of Copies: 30,500 b. Paid Circulation

1. Mailed Outside-County Paid Subscriptions: 28,102

2. Mailed In-County Paid Subscriptions: 284

3. Paid Distribution Outside the Mails: 0

4. Paid Distribution by Other Classes of Mail Through USPS: 0

c. Total Paid Distribution: 28,386

d. Free or Nominal Rate Distribution

1. Outside-County: 191

2. In-County: 0

3. Mailed at Other Classes Through the USPS: 0

4. Outside the Mail: 1,444

e. Total Free or Nominal Rate Distribution: 1,635

f. Total Distribution: 30,021

g. Copies Not Distributed: 479

h. Total: 30.500

i. Percent Paid: 94.55%

No. Copies of Single Issue Published Nearest to Filing Date

a. Total Number of Copies: 28,500 b. Paid Circulation

1. Mailed Outside-County Paid Subscriptions: 27,091

2. Mailed In-County Paid Subscriptions: 0 3. Paid Distribution Outside the Mails: 0 4. Paid Distribution by Other Classes of Mail Through USPS: 0

c. Total Paid Distribution: 27,091 d. Free or Nominal Rate Distribution

1. Outside-County: 0

2. In-County: 0

3. Mailed at Other Classes Through the USPS: 0 4. Outside the Mail: 1,000 e. Total Free or Nominal Rate Distribution: 1,000 f. Total Distribution: 28,091 g. Copies Not Distributed: 409 h. Total: 28,500 i. Percent Paid: 96.44% 16. Total Circulation Includes Electronic Copies: No 17. Publication of Statement of Ownership: Winter 2022 18. I certify that all information furnished on this form is true and complete. I understand that anyone who furnishes false or misleading information on this form or who omits material or information requested on the form may be subject to criminal sanctions (including fines and imprisonment) and/or civil sanctions (including civil penalties).

Signed by: M. Clare Haefner, Editor

Items above were reported using PS Form 3526.

*Note: The information listed above does not include copies of The Classroom Teacher delivered digitally to members who go green and opt out of printed materials.

Eleanore Malone at the District 1 Christmas party in McAllen in December, above, and with members in Districts 4 and 5 at a summer training workshop in Houston in July.