Why Do Teachers Leave? Arming Educators to Keep Kids Safe PAGE 20 Why Texas Schools Are Better Than You Think PAGE 8
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Create a Paperless Classroom PAGE 6
SAVE THE DATE July 7–10, 2015 Austin, Texas
W I N T E R
2 0 1 4
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V O L U M E
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N U M B E R
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ON THE COVER:
Why Do Teachers Leave?
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ew teachers are leaving the profession at alarmingly high rates. ATPE News talked to current and former educators across the state to find out why teachers leave and what schools can do to help them stay. PAGE 16
special sections 24
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Regional Roundup · Family Album · Kudos · Foundation News · ATPE award deadlines · ATPE-PAC honor roll
Review and save this claims procedure information and summary of the professional liability insurance policy.
departments features 12 What Is an Achievement
School District?
4 President’s Message 5 Calendar 6 Recipe for Success 43 For the Record
A controversial new method of managing underperforming schools is gaining traction in Texas. Find out what you need to know about Achievement School Districts.
columns
20 Why Carthage ISD
Is Arming Employees to Keep Kids Safe
With the rise in school shootings across the country, some Texas schools are arming their employees. Take a look inside Carthage ISD’s plan to keep their students safe.
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Texans on Education
Why Texas public education is better than you think
10
Your Ally. Your Voice.
What to expect from the 84th Legislature
atpe.org | 3
president’s message
The official publication of the Association of Texas Professional Educators
Richard Wiggins ATPE State President
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STATE OFFICERS
Richard Wiggins President, Boerne (20)
Cory Colby Vice President, Willis (6) Julleen Bottoms Secretary, Corsicana (12) Carl Garner Treasurer, Mesquite (10)
Ginger Franks Past President, Pineywoods (7)
Michael Sweet Pharr-San Juan-Alamo (1)
BOARD OF DIRECTORS
Cesarea Germain Corpus Christi (2) Andy Erdelt Palacios (3) Ron Fitzwater Alvin (4) Bill Moye Warren (5) Judi Thomas Willis (6) Janie Leath Nacogdoches (7)
Jimmy Lee Paris (8)
Kristi Daws Jacksboro (9)
Jackie Davis Garland (10) David Williams Keller (11)
Jason Forbis Midway (12)
Jayne Serna Leander (13)
Tonja Gray Abilene (14) Darlene Kelly Ballinger (15)
Dawn Riley Bushland (16)
Lynette Ginn Hale Center (17)
Bridget Loffler Odessa (18)
Socorro Lopez San Elizario (19)
Tina Briones San Antonio (20)
ATPE STAFF
Gary G. Godsey Executive Director
Alan Bookman Deputy Executive Director Elaine Acker Marketing & Communications Director
ATPE NEWS STAFF
Gary G. Godsey Executive Editor
Elaine Acker Editor
John Kilpper Art Director
Leslie Trahan Managing Editor
Erica Fos Senior Graphic Designer Jean Schlitzkus Staff Writer/Editor
ATPE News contains legislative advertising contracted for by Gary G. Godsey, Executive Director, Association of Texas Professional Educators, 305 E. Huntland Dr., Ste. 300, Austin, TX 78752-3792, representing ATPE.
PHOTO BY JOHN KILPPER
THE TEACHING PROFESSION HAS CHANGED dramatically over the past decade. As you’ll see in the “Why Do Teachers Leave?” article in this issue, there are many reasons why teachers are no longer making education a lifelong career. We have hard work ahead as we address the big issues such as school finance, standardized testing, and salaries. But there are things we can do right now to make a positive difference in the classroom where it matters most to teachers and students. The best thing I’ve seen recently has been the establishment of professional learning communities where educators work collaboratively to achieve better results for students. We all love our students, but when you’re in the classroom with 25–30 students every hour of every day, you’re essentially on an island. On my own campus, Boerne Middle School South, Principal Susan Cleveland has taken charge and built a collaborative environment where teachers are working together. As a result, good things are happening for students. Students’ transcripts, not their standardized test scores, are the real determiners of their success. Together, in our professional learning community, we’re asking four critical questions: • What do students need to know in order to be successful? • How do you know when they know it? • What do you do when they know it? (For example, what types of extended learning opportunities are available?) • What do you do when they don’t know it? (What types of responses and interventions might be successful?) This is where teachers’ expertise and collaboration come into play. We learn from each other, just as professionals do in every other industry in the country. Doctors train with other doctors; salesmen make calls with other salesmen. It’s only natural for teachers to watch other teachers. You want to see what other teachers are doing in the classroom, but even more important, you want to know how students are responding to those teachers. My advice to other campuses interested in establishing professional learning communities is to approach the challenge as though each child were your own. When we get to that level, we’ve got passion, we’ve got commitment, and we’ve got a profession that will be rewarding and meaningful for years to come.
ATPE News (ISSN 0279-6260) is published quarterly in fall, winter, spring and summer. Subscription rates: for members of the association, $3.32 per year (included in membership dues); non-members, $10 per year. Extra copies $1.25 each. Published by the Association of Texas Professional Educators, 305 E. Huntland Drive, Suite 300, Austin, TX, 78752-3792. Periodical Postage Paid at Austin, Texas and at additional mailing offices. POSTMASTER: Send address changes to ATPE News, 305 E. Huntland Dr., #300, Austin, TX, 78752-3792. Advertising rates may be obtained by sending a written request to the above address. Opinions expressed in this publication represent the attitude of the contributor whose name appears with the article and are not necessarily the official policy of ATPE. ATPE reserves the right to refuse advertising contrary to its purpose. Copyright 2014 in USA by the Association of Texas Professional Educators ISSN © ATPE 2014 0279-6260 USPS 578-050
305 E. Huntland Dr., Suite 300 Austin, TX 78752-3792 (800) 777-ATPE (2873) • (512) 467-0071 atpe.org • atpe@atpe.org
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calendar
December 22–31 ATPE state office closed for winter break
January Show your appreciation by giving school board members a public ATPE membership (only $10)! atpe.org
School Board Recognition Month
1–2 ATPE state office closed for winter break 10 Region 10 meeting 12 Region 9 meeting 13 84th Texas Legislature convenes 17 Region 1 meeting 19 Martin Luther King Jr. Day (ATPE state office closed) 24 Region 10 meeting; Region 18 meeting; Region 20 meeting
31 Last day to join ATPE via payroll deduction
February
Career & Technology Education Month
1 Nomination deadline: Educator of the Year and Sam Houston Award for Political Involvement
2 Application deadline: ATPE Foundation Beth Ann Rogers Literacy Initiative
Apply for one of five $1,500 grants for Texas public school libraries. atpefoundation.org
grants DESTINATION:
LEGISLATIVE
13 State Board of Education meeting
SUCCESS
20–21 Third Quarter Board of Directors meeting
Join us at the state capitol for Political Involvement Training and Lobby Day.
24 Volunteer Succession Planning webinar (open to local unit/regional officers)
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22–23 Political Involvement Training and Lobby Day
March
Music in Our Schools Month
1 Texas Public Schools Week
2 Entry deadlines: Educator of the Year, Local Unit of the Year, Campus Representative of the Year, and Sam Houston Award for Political Involvement
15 Deadline: State officer nominations and proposed bylaws amendments and
©HAND HOLDING CARD, BOY HOLDING BOOKS, RAISED HANDS/ISTOCK/THINKSTOCK
resolutions due in state office
28 Region 6 meeting; Region 15 meeting
Nominate a colleague for Educator of the Year by Feb. 1. atpe.org call (800) 777-2873 to be put in touch with your region officers red dates indicate atpe deadlines
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recipe for success
by TK, Andrea TK Reavis, Professional Learning Manager
Go Paperless in the
Classroom
HOW TO CREATE A PAPERLESS, BUT CREATIVE, LEARNING ENVIRONMENT In a paperless classroom, lessons, homework assignments, and projects rely on digital technology and materials other than paper.
Fact or fiction? A paperless classroom uses only digital technology. FICTION: These classrooms use digital technology as well as non-digital tools and techniques, such as kinesthetic activities and dry erase boards. Paperless classrooms should incorporate a balance of digital and non-digital tools. FACT: No classroom should use only one tool for students to access information; it goes against the spirit of differentiation. Because teachers tailor instruction for individual learning styles, it only makes sense to use a variety of mediums and tools for lessons and assignments. A paperless classroom doesn’t take very much preparation; the transition is relatively smooth. FICTION: It is very important to plan ahead when transitioning to a paperless classroom. One of Jillian Howard’s webinars, “The Paperless Classroom,” will help you convert your classroom. She shares how to communicate with administrators, parents, and students and has suggestions for researching and setting up a paperless classroom.
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Your paperless toolkit: MICROSOFT ONENOTE This free resource is essentially an electronic notebook. It allows educators and students to organize materials, create a portfolio, communicate with others, and assess their progress. Howard says her students use OneNote as a one-stop shop. It’s where they find everything they need to be successful and participate fully in class. And best of all, it’s FREE! See www.onenote.com.
Your paperless toolkit: CELL PHONE APPS If school policy allows your students to have cell phones in class, turn those devices into a learning tool. Poll Everywhere is an app that allows educators to engage their students in real time. Ask a question with the Poll Everywhere app, and students can respond anonymously with their cell phones. The entire class can watch responses roll in live on the web or in a PowerPoint presentation. See www.polleverywhere.com.
Your paperless toolkit: PASSWORD Teach your students how to play “Password” to strengthen foreign language skills or learn new vocabulary. In pairs, one student must get their partner to guess the appropriate word by describing or giving examples without using the word, similar to the game “Catch Phrase.” Students have to stretch their vocabulary to get their partner to correctly identify the word.
© FEMALE TEENAGE STUDENT/ISTOCK/THINKSTOCK
FOR MORE INFORMATION Log on to the ATPE Professional Learning Portal via the ATPE Resources page (http://www.atpe.org/en/Resources) to view the on-demand webinar by Jillian Howard, “The Paperless Classroom.” You will earn one hour of CPE credit and get access to immediate resources and tips to help you eliminate some, or all, of the paper from your classroom! “The Paperless Classroom” includes great information about how to prepare for a paperless classroom from an educator who has already made the switch.
Jillian Howard at the 2014 ATPE Summit. ▸
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Texans on education
by Michael Marder, professor of physics and co-director of UTeach at the University of Texas at Austin
Texas Public Education: Better Than You Think
Let’s start with middle school mathematics. On the National Assessment of Educational Progress in 2013, comparing all the states, Texas’s low-income students are in a four-way tie for second place, dipping slightly from a first-place showing in 2011. Texas’s Hispanic students are in fourth place, as are our African American students. The results in other subjects are not as striking but still good: Texas’s
Between 2005 (left) and 2013 (right), the percentage of Texas students not needing remedial mathematics after high school improved greatly. Every bubble is a school. The horizontal axis shows school poverty concentration, and the vertical axis shows percentage of kids with high enough test scores in mathematics to exempt them from remedial mathematics if they go to college.
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low-income eighth graders perform significantly higher than the national average in science and at the national average in reading. One aspect of these rankings can be puzzling. Texas students overall are in a four-way tie for 16th place in eighth-grade mathematics. Why do Texas students overall rank much lower than both the state’s low-income students and its well-off students? The answer is that Texas has a particularly large share of low-income students, around 50 percent. Students across the country who are eligible for free or reduced-cost lunch do worse on almost every academic measure than students who are not eligible. In judging the effectiveness of teachers and schools, it is only fair to take that into account, and the way to do that is to pay more attention to the rankings of subgroups such as lowincome students than to overall rankings.
The Truth about Texas Schools
Texas schools have made remarkable progress in very important areas, and everyone should know about it.
Public education is often in the news, and the news is almost always bad. Criticism of public schools comes from the desire to make them better. Yet, so relentless is the emphasis on things going wrong that even those who work in schools can become discouraged and wonder if they are doing much good. Here is the reality. Texas schools have made remarkable progress in very important areas, and everyone should know about it.
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As students move through high school, the picture is mixed; the number of low-income Texas students who are college-ready according to SAT/ACT is still very low. Yet even in high school, there has been great progress. The percentage of low-income students leaving high school with high enough scores to bypass remedial mathematics in community college increased from 33 percent in 2005 to 57 percent in 2013, and gains are visible in almost every school. This improvement in career and college readiness took place at the same time that Texas’s high school graduation rates soared, reaching second-best overall among the states and first for African American and Hispanic students. These official results have met a great deal of skepticism. They seem too good to be true. I checked the numbers, both with some simple estimates and with a state database following each student through school from 2003 to 2013. Somewhat to my own surprise, I concluded that the state results are most likely correct.
Looking toward the Future There is little time to pause for congratulations. After House Bill 5 of 2013, testing and graduation requirements dramatically changed. Teachers can now focus more on teaching and less on testing, but students, parents, counselors, and teachers will all need some time to get used to the new freedom provided by personalized graduation plans with endorsements, selected by students based on their areas of interest. There is the risk that career and college readiness will slip backward because students are no longer uniformly required to take courses preparing them to enter community colleges and universities without remediation. Yet Texas teachers and students have shown they can achieve some of the best results in the nation. Let’s keep that in mind in K-12 schools, colleges, and universities, as we public educators try to find the best path forward for Texas students.
Read this article online at http://www.atpe.org/ en/News/ATPE-NewsArchives for links to additional resources.
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your ally. your voice.
by Jennifer Canaday, ATPE Governmental Relations Manager
Capitol Watch Looking Ahead to the 84th Legislature
Here is a preview of some of the issues ATPE will be following during this legislative session.
Texas will welcome a new slate of statewide elected officials, all Republicans, in January. They include Governor-Elect (and outgoing attorney general) Greg Abbott and Lieutenant GovernorElect Dan Patrick, who will preside over the Texas Senate. Turnout in the Nov. 4 general election was abysmally low, with around one-third of registered voters coming out to vote. In practically all statewide races, the Republican winner earned roughly 59 percent of the vote, with Democrats garnering approximately 38 percent. Republicans picked up enough wins to secure 98 seats in the Texas House, compared to 52 Democrats, and gained a seat in the Senate, where the split will be 20-11. What does this new crop of legislators mean for education in Texas? Here is a preview of some of the issues ATPE will be following during this legislative session.
School Finance Throughout 2014, ATPE looked closely at candidates to see how they might approach the school finance crisis. The state is currently appealing a district court’s ruling that Texas’s method of funding public education is unconstitutional. Governor-Elect Abbott has overseen the state’s defense in his role as attorney general. Citing that pending litigation, he offered few insights during the campaign about his school finance goals beyond stating that he supports “fully funding our schools.” The conventional wisdom, based on past experience, is that the 84th Legislature will not take comprehensive action on school finance until all appeals have been exhausted and the Supreme Court issues a final ruling. That is unlikely to occur by the time the regular legislative session adjourns on June 1. Meanwhile, the election results suggest that we are likely to see more legislation promoting “choice” and “flexibility” while incorporating outcomes-based funding and competitive grants for specific initiatives. Examples may include funding educational programs that can demonstrate
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long-term success through data (e.g., what Abbott refers to as “gold standard” pre-kindergarten programs); merit pay for teachers; giving districts “mandate relief ” (which often means permitting them to ignore quality control measures in statute such as class-size limits or the minimum salary schedule); and assorted privatization and tax relief proposals billed as cost-savers.
Healthcare/TRS ATPE has long fought to preserve the Teacher Retirement System’s defined benefit structure, and an additional priority for 2015 is urging the legislature to provide sufficient funding to meet the healthcare needs of active and retired educators while protecting the solvency of TRS. In response to ATPE’s Candidate Survey, Abbott stated that he supports maintaining the current TRS structure and considers educators’ healthcare a cost that should be shared by the state, school districts, and educators. He wrote, “When dealing with health care costs, the solutions are multifaceted and generally involve more funding from multiple sources. Educators should not have to shoulder these costs alone.”
Privatization Another priority for ATPE this session will be fighting the privatization of public schools. The election outcomes bode well for supporters of privatization. Lieutenant Governor-Elect Dan Patrick has been one of the state’s most outspoken cheerleaders for “school choice” and will almost certainly push the Senate to consider proposals such as tax breaks for companies that pay students’ private school tuition. ATPE will urge the legislature to reject any voucher, scholarship, tax credit, or similar program aimed at enrolling students in private, home, or for-profit schools at taxpayers’ expense. A new variety of privatization reform that has been gaining popularity around the country is the single statewide school district, often called an “Achievement School District” (ASD), that can oversee all of a state’s low-performing schools. Most
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proposals call for allowing a private charter operator to manage the schools placed under an ASD, which makes the plans controversial. ATPE objects to paying private entities to take over the authority and accountability vested in locally elected school boards, and most legislative candidates responding to our 2014 Candidate Survey agreed with us. Abbott, however, called ASDs “innovative reforms” and included them in his campaign platform. ASD bills filed in 2013 were all defeated, but the idea is expected to resurface. Read more about ASDs in “What Is the Achievement School District?” in this issue.
Testing Testing and using students’ test scores to make decisions about students, teachers, and schools have become the primary mandates in public education, thanks to state and federal accountability laws that gave rise to the testing industry. Most education reform is driven by the quest to acquire and utilize student performance data. Testing also determines where most of our education dollars are spent. In their campaign messages, several candidates expressed a desire to reduce high-stakes testing. ATPE has long opposed the use of state standardized test scores as the primary measure of student achievement, educator effectiveness, or school performance. We appreciated the 83rd Legislature’s efforts to decrease required testing at the high school level, and we hope to see renewed efforts in 2015. ATPE is particularly interested in efforts to address the high-stakes testing that persists in lower grades. A few legislative attempts in 2013 to reduce testing in grades three through eight were stymied by conflicts with the No Child Left Behind Act (NCLB) and a veto by Gov. Rick Perry.
Evaluations Complaints about outdated, punitive aspects of NCLB prompted Texas and other states to ask the U.S. Department of Education for accountability waivers. The federal government granted Texas an NCLB waiver conditioned on the state’s changing the way it evaluates educators and placing more emphasis on student achievement. The state’s teacher evaluation overhaul is currently being piloted, with broad implementation not expected until 2016. The 84th Legislature will almost definitely be asked to tweak state evaluation statutes in the meantime. We expect lawmakers to debate the frequency of observations, district flexibility to customize evaluations, training and qualifications of appraisers, and the use of evaluation results. ATPE’s chief evaluation-related objectives are transparency, meaningful and timely feedback to educators, fairness, and validity of statistical methods—especially growth measures that employ Value-Added Modeling (VAM) using student test scores. Based on responses to the 2014 ATPE Candidate Survey, lawmakers share many of our concerns about incorporating test score data into evaluations. State Representative-Elect Dade Phelan (R) said, “I hear too often about the problems with the STAAR test to trust its ability to evaluate a student, much less the teacher.” Likewise, Rep. Mary Gonzalez (D) summed it up by saying, “There should be little, if any, teacher evaluations based on state standardized tests. … Dozens of days are wasted each school year so that teachers and schools can chase positive evaluations and accountability ratings instead of actually teaching children. This must stop.”
TEACHTHEVOTE.ORG Visit TeachtheVote.org to view complete election results and ongoing coverage of the upcoming legislative session.
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WHAT IS AN ACHIEVEMENT SCHOOL DISTRICT?
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You may not have heard of Achievement School Districts (ASDs) yet, but during this legislative session, you will. ASDs are a new approach to managing schools that have chronically underperformed on standardized tests. BY MONTY EXTER, ATPE LOBBYIST
ere in Texas, several bills were filed in 2013 to create an ASD, and although none were successful, the idea is far from defeated. Governor-Elect Greg Abbott is a proponent of ASDs and recommended creating a Texas ASD in his campaign platform. Under the ASD approach, low-performing schools are removed from their home districts to become part of a new statewide school district called an “Achievement School District.” The ASD would be run by a statewide superintendent and managed by a private management company, which would likely be an existing charter school operator. As a result, locally elected school board members would lose virtually all authority to govern campuses that were placed under the statewide ASD.
Texas ASD Proposals To get a better sense of how a Texas ASD might play out, let’s take a look at the most significant attempt to create one last session. Senate Bill (SB) 1718, by Sen. Royce West (D-Dallas), had the backing of well-financed reform groups, although it was opposed by most in the education community, including ATPE. Under SB 1718, certain campuses that were rated unacceptable for multiple years would have been removed from their school districts and placed in an ASD. Campuses that became part of the ASD would have received essentially the same funding as before but would be treated like charter
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schools. This means schools in an ASD would be exempt from much of the Texas Education Code, with a few notable exceptions. First, unlike charter schools, ASD campuses would be required to hire certified teachers, and those teachers would only be permitted to teach the subject in which they were certified. The second major difference is that the campus’s original school district would be required to provide some services, such as transportation and certain special education services, to the ASD students. Per SB 1718, students and teachers at a campus that is placed in an ASD would have a few critical decisions to make. Students would have to decide whether to enroll in the new ASD campus or attend another school in the original school district. For teachers, the choice is more complicated. Those working at a campus that is incorporated into an ASD would have to decide whether to stay with the school or be reassigned to another school in the ISD, according to the district’s transfer and reassignment policies. Staff members who choose to follow their campus into the ASD would not be guaranteed employment. Under SB 1718, ASD campuses would not have been required to give their teachers contracts or recognize their rights under Chapter 21 of the Texas Education Code. In other words, teachers at an ASD campus would most likely have become at-will employees. In opposing SB 1718, ATPE pointed out that this policy would serve as a disincentive for high-quality teachers to work in any school that is struggling academically, as these teachers would risk losing their contract rights and job security if the campus
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were incorporated into an ASD. Without teacher contracts and other quality measures such as class-size limits and discipline standards, ASD schools would likely be filled with inexperienced teachers who, absent contracts, could walk away from their jobs at any time, even in the middle of the school year. Governor-Elect Abbott’s ASD proposal mirrors Sen. West’s 2013 legislation, but there are a few key differences. First, SB 1718 envisioned a cap on the number of campuses that could be placed in the ASD, but Abbott’s plan mentions no limit on the number of campuses the ASD could contain at any one time. Abbott’s proposal only says that the bottom 15 elementary schools with an F rating (under an A–F rating system) for the two prior years would be moved to the ASD. Second, under the governor-elect’s plan, the ASD superintendent would determine whether to send campuses back to their original ISDs at some future point. SB 1718 provided a more prescriptive timeline for returning ASD campuses to their original ISDs.
Many Texas reformers point to the Louisiana RSD as a model system, claiming it has helped improve the performance of New Orleans schools. They point to the fact that, despite lackluster achievement results, campus ratings under the state’s accountability system are better. However, digging deeper into Louisiana’s accountability system reveals that much of the success attributed to the RSD could be due to manipulation of cut scores at the state level (see the sidebar “An In-Depth Look Into Louisiana’s Recovery School District” for more information). Tennessee’s ASD is younger than Louisiana’s RSD, so there is much less achievement data available. Nonetheless, there are some concerning trends and skewed data.
To learn more about the Tennessee ASD, read “Gary Rubinstein’s Blog: Frayser 9GA, the Miracle School of the Achievement School District” at nepc. colorado.edu/blog/frayser-miracle-school.
ASDs in Other States Texas is not the first state to pursue ASDs. Tennessee has already implemented an ASD, and Louisiana has a Recovery School District (RSD), which is the same concept. In 2003, the Louisiana Legislature created its RSD to take over the operations of failing schools, which the state defined as schools that did not meet minimum academic standards for at least four consecutive years. Louisiana’s was the first RSD/ ASD model to be passed into law.
As the 84th Legislature prepares to convene, it’s too soon to know what the next Texas ASD bill will look like. But, Governor-Elect Abbott has said he would like to see Achievement School Districts become a reality in our state. ATPE will keep a watchful eye on any such bills and will work to ensure that teachers’ rights and students’ best interests, rather than the welfare of private charter management companies, are served by any ASD proposal.
A CLOSER LOOK AT LOUISIANA’S RECOVERY SCHOOL DISTRICT Prior to the 2004-05 school year, Hurricane Katrina, and the mass transfer of New Orleans schools to the RSD, the cut score for passing the state test was 50. Act 35 brought the cut score up to roughly 82—the average score on the previous year’s test. The post-Katrina legislation meant 107 public schools were transferred into the RSD and all of the schools in New Orleans were reclassified as failing. The following year, after those failing schools were swept into the RSD, the state lowered its cut score back down to 60. This change caused many of the schools that had just been classified as failing to be considered passing again. Therefore, much of the improvement attributed to the RSD could actually be the result of cut score manipulation.
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MARK YOUR MAP AND YOUR CALENDAR FOR
DESTINATION:
LEGISLATIVE
SUCCESS
ATPE POLITICAL INVOLVEMENT TRAINING AND LOBBY DAY FEB. 22–23, 2015 • HYATT REGENCY AUSTIN DOWNTOWN & THE TEXAS STATE CAPITOL
www.atpe.org/lobbyday
AT THE CAPITOL
Why Do Teachers Leave? BY LESLIE TRAHAN
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E
mily* decided that she wanted to be a teacher when she was in the third grade. Her teacher that year showed a love for her students and a passion for educating young minds that inspired Emily to pursue teaching herself. Now in her first year as a third-grade teacher, Emily displays the same passion for educating students that her long-ago teacher instilled in her. She loves watching her students’ faces as they finally come to grasp something they’ve been struggling to understand. And she finds comfort in knowing that she’s dedicated her life to helping others, particularly her students, who she says, “don’t get a lot of attention at home.” Emily sounds like the ideal first-year teacher, right? She has some struggles, but she loves her job and will persevere through the typical challenges that new teachers face. Right? Not exactly.
©TEACHER IN CLASSROOM/CREATAS/THINKSTOCK
Soon, Emily will officially become part of the 9.5 percent of teachers in the United States who leave their jobs during the first year. The high rate of teacher turnover is one of education’s most striking concerns. Forty to fifty percent of teachers leave their jobs within the first five years, and over the past two decades, the number of new teachers who have decided to leave the classroom has increased by 40 percent. Education has changed dramatically over the past 20 years, and we are letting impassioned and talented new teachers like Emily slip away.
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R
ichard Ingersoll, a former high school teacher and current professor at the University of Pennsylvania’s Graduate School of Education, has spent the better part of his career researching the issue of teacher turnover. Ingersoll maintains that some common concerns contribute to the high rate of teacher attrition in the United States: inadequate support from administrators, a lack of collaboration with colleagues, student discipline issues, low salaries, and a feeling that teachers’ voices aren’t heard at their school or district. Research for this article, which included interviews with current and former teachers from different backgrounds, subject areas, and grade levels across the state, showed that similar concerns exist for Texas teachers. David,* a high school teacher who is looking for a new career, feels undermined by the administration at his school. He has been asked to lower his standards in order to allow students to pass and ultimately help the school achieve higher graduation rates. Realizing that he doesn’t have as much control over his classroom as he initially thought, David feels he has been “just
Forty to fifty percent of teachers leave their jobs within the first five years.
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babysitting all these years.” This feeling has played a large part in his decision to finally leave the field of education. When David began teaching eight years ago, he received very little support from his school. He had a long-distance mentor, but that was the only assistance his school or district offered. As a new teacher, David’s initial orientation came a mere four days before his first day in the classroom when he was handed outdated textbooks and asked to plan his class. Other teachers have had similar experiences. Many indicated that a lack of formal support, in addition to a shallow understanding of the true demands of working within the school system, left them feeling more than a little overwhelmed. Despite having a degree in elementary education and a wealth of experience teaching, Emily was ill-prepared for the additional challenges of paperwork and testing, and she was taken aback by the administrative hurdles that came with taking the reins of her own classroom. Former educator Alan Waltrip echoed this concern: “What had appeared to be easy in a college classroom turned out to be a nightmare as the year went on. I was constantly being put into situations where I didn’t know what to do, using my free or meeting periods to cover other classes or the in-school suspension rooms.” Many first-year teachers discover that there
The State of Texas alone spends more than $100 million annually on recruiting and certifying new teachers.
are very distinct differences between the career they were prepared for and the reality of their jobs. Testing is perhaps the most overwhelming component of that reality. Almost every teacher lists it as a top concern. Renice Burnham, a retired elementary educator and ATPE member with 24 years of experience in the classroom, reflected on the changes she’s seen over the years: “When I started teaching, there was standardized testing at each grade level, but these tests were used more as a tool to assess students’ progress and to understand how to better help them. Now it’s tied to money that your district may or may not receive based on the results. Even teacher pay will be based on test performance, and that creates fear and stress in an already difficult job.” Middle and high school teachers, though, struggled most with discipline issues. David feels frustrated that his Discipline Committee refuses to acknowledge that fights and assaults on teachers have occurred, choosing instead to focus its efforts on tardiness. Lisa,* a 12-year teacher who has worked in urban elementary and middle schools, feels similarly frustrated by the poor handling of discipline issues at her school: “It is very difficult to have a student removed from class, even if they are affecting the learning of their classmates.”
atpe news
Although dissatisfied educators pointed to a lack of administrative support, most were also able to acknowledge that the true problem was with “the system,” rather than with their particular school or district. They indicated that recent changes in the world of education, most notably testing and funding concerns, have placed added strain on both teachers and administrators. As David said, “Administrators have boiled their goals down to completion rates, attendance, and test scores because that’s where the funding comes from.” Renice noted that teachers’ and administrators’ differing priorities can create tension in schools, with both groups feeling the pressure: “Since there is a financial side to education, teachers feel apart from the administration sometimes based on the fact that one sees the business side and the other sees the face of the child. As long as money is tied to scoring, this gap will exist.” Studies have shown that areas with high administrative turnover have higher-thanaverage teacher turnover as well, and both of these problems affect low-income schools at disproportionate rates.
With all of these factors working against teachers, what makes some teachers stay? ATPE member Linda Geistweidt has been teaching kindergarten and elementary school for 25 years. Like Emily, she was drawn to the profession in childhood, but unlike Emily, she has never looked back. Although Linda acknowledges that there is plenty to be concerned about in the field of education (testing, pay, and lack of parental involvement, for starters), she has never reconsidered her decision to become a teacher. So why do teachers like Linda remain in a career that they have honest reservations about? Linda is passionate about her job and her students, as are many educators who choose to leave the field, and she’s just as troubled by the negative changes she’s seen over the years.
Linda admits that she receives ample assistance from administrators and colleagues, and that the rural community she lives in is very supportive of its teachers. These factors have certainly played a big part in her ability to remain steadfast in her career, but for Linda, the joy of working with the Frequent teacher turnover children in her classroom has a direct effect on student is what really sustains her. success. If we want our Living in a rural community
students to succeed, we need to keep their teachers in the classroom.
Mentors, time to collaborate with other teachers, and opportunities for communication with the principal are the most effective support measures.
means she often gets to watch her students grow and thrive into adulthood, and for her, this reward is second to none. High school teacher Dixon Seider, also an ATPE member, followed a very different route into teaching. He originally intended to become a banker, but when things didn’t go as he had expected, Dixon decided to get a teaching certificate to honor his mother, who had taught for 35 years. Thinking that he would teach for a year before pursuing a business career, Dixon never anticipated that he would still be teaching 27 years later. Despite his unusual career path, Dixon couldn’t be happier with his decision. What has made him stick with teaching all these years, when so many others who have consciously pursued teaching wind up leaving the profession? Like Linda, Dixon says that he feels supported by his administration and his community. Although he was never given an official mentor, Dixon speaks fondly of the staff he worked with as a new teacher and the guidance they provided. As one of the more experienced teachers at his school now, Dixon does his best continued on page 40
*Note that that some teachers chose to remain anonymous, and we have changed their names at their request.
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Why Carthage ISD Is Arming Employees to Keep Kids Safe In Texas, several school districts have opted to allow selected employees to carry concealed firearms on campus. Most of these districts are situated in rural areas where residents feel that the presence of weapons on campus can deter violence and enable qualified staff to quickly respond to active shooter situations, even before law-enforcement officials arrive on the scene. Texas’s Guardian and School Marshal Plans can make it legal for employees to carry concealed weapons, and ATPE News recently visited Carthage ISD, in northeast Texas, to learn more about the community’s reaction to guns on campus. BY G. EL A IN E ACK ER
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C
arthage, Texas, is situated in the heart of the northeast Texas Piney Woods. It’s a rural community where kids still grow up camping, fishing, and hunting, and it’s not unusual for boys and girls to learn to shoot even while they’re still learning their ABCs. So perhaps it was only natural that Carthage would become one of a growing number of Texas schools allowing staff members to carry concealed handguns on campus. School shootings in the United States date back to the 1700s, but over the past two decades, the shootings have become decidedly more deadly. Each shooting inspires a new round of gun-control debates across the country, but some, such as the shooting at Sandy Hook Elementary in Newtown, Connecticut, have galvanized communities to take action.
School districts in Texas that have adopted the Guardian Plan
5
Witchita Falls
8
9 Dallas Tyler
1 10
3
2 6
Austin Houston San Antonio
4
7
Victoria 5
Witchita Falls
8
9 Dallas Tyler
1 10
3
2 6
Austin Houston San Antonio
4 Victoria
7
1. Cayuga ISD
6. Huntington ISD
2. Carthage ISD
7. Louise ISD
3. Central Heights ISD 8. Union Grove ISD 4. Ganado ISD
9. Van ISD
5. Harrold ISD
10. Westwood ISD
Eveyln Wedgeworth is a first-grade teacher at Carthage Primary School, one of six Carthage campuses. “After the Sandy Hook massacre, our community started to really talk about how to keep our kids safe,” she says. “The teachers responded to a questionnaire asking if we’d be open to guns in the schools, our school board discussed it in meetings. The public was open to the idea.” Seven years ago, the small community of Harrold, in North Texas, was the first Texas district to arm personnel. It did so under the existing Texas Penal Code §46.03(a)(1), dubbed the “Guardian Plan,” which allows school districts to designate employees to carry handguns. In a legal opinion issued by the Committee on Homeland Security and Public Safety, Chairman Joe Pickett stated that Texas laws allowed educational institutions to grant written exceptions to a state law that bans guns on school premises and in buildings where school-sponsored events are held “as long as the requirements are included in written regulations.” The Guardian Plan gives school boards broad discretion, and a total of 10 districts have adopted the plan. Other schools are now considering a new alternative known as the “School Marshal Plan.” HB 1009, or the Protection of Texas Children Act, was signed into law in June 2013 and creates a new category of certified peace officer called a “school marshal.” However, the requirements are much more restrictive than the Guardian Plan. The School Marshal Plan only allows one marshal per 400 students, and additionally requires 80 hours of situational instruction, psychological exams, and in some instances that the handgun be kept in a locked and secured safe. Because of the greater flexibility of the Guardian Plan, Chairman Pickett anticipates more districts will opt for the Guardian Plan over the Marshal Plan, but he also noted that there is nothing that prohibits school districts from adopting both plans. This past fall, Carthage ISD authorized selected staff members to carry firearms on all campuses under the Guardian Plan. “There are just a few people who carry,” says Wedgeworth, “and we don’t know who they are. They’ve been through training and we want our kids to feel that we’ll do whatever it takes to protect them. I’m glad there are people who are willing to step up and do that.” Most parents agree. “I haven’t heard anyone who’s opposed to it,” says Polly Maines, whose daughter, Kacey, is a senior at Carthage High School this year. “I feel that the kids are a lot safer having someone armed continued on page 40
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atpe news
1
2
3
1. Carthage High School is one of six campuses that now allow selected staff members to carry concealed weapons. 2. Ashleigh Edge and Kacey Maines are seniors at Carthage High School. They grew up in a rural community where kids learn to shoot at an early age, and feel safer knowing that someone on campus is armed. 3. Notices are posted on the doors on each Carthage ISD campus.
PHOTOS BY ELAINE ACKER
School Marshal Plan Requirements The Guardian Plan typically requires that those appointed to carry weapons hold a concealed handgun license (CHL), but beyond that, the written regulations vary by school district and can be very broad. Conversely, the School Marshal Plan has very specific requirements.
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1 Obtain a CHL 2 Be licensed via the Texas Commission on Law Enforcement (TCOLE) training program 3 Complete 80 hours of instruction in: • Strategies for preventing school shootings and securing the safety of victims • Legal issues facing peace officers in the use of deadly force • Law enforcement strategies and techniques • Handgun proficiency • Effective responses to active shooter situations 4
Pass a psychological examination administered by TCOLE
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your atpe
O
regional roundup
ur state is home to millions of students and thousands of educators with endless success stories to tell. Regional Roundup highlights some of those news headlines from Texas schools. When something special happens at your school district, let us know! Send news to comm@atpe.org.
5 AMARILLO
2 DALLAS
3 EL PASO
4 SAN ANGELO
6 COLLEGE STATION
1 SAN ANTONIO
7 LAREDO
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atpe news
REGIONAL ROUNDUP:
HEADLINES FROM ACROSS THE STATE
1
S an Antonio students’ experiment heads to space
An experiment designed by students from Hobby Middle School will be included on a mission to the International Space Station. The young scientists are investigating the growth of crystals in outer space. http://nisd.net
2
Dallas ISD outpaces other urban school districts on AP exam
Recent Advanced Placement (AP) exam results show Dallas ISD is outperforming other large urban districts. A minority student in Dallas ISD is more than twice as likely to earn a qualifying score of three or higher on an AP exam as compared to other large U.S. urban school districts. https://thehub.dallasisd.org
3
C anutillo football coach wins 100th game
Canutillo High School Head Football Coach Scott Brooks reached a landmark in September, when he led the Eagles to their 100th win. Brooks began his career as head coach of Canutillo High School in 1999. http://canutillo.ss6.sharpschool.com
4
San Angelo middle school to receive support from the George W. Bush Institute
San Angelo ISD’s Robert E. Lee Middle School is one of three schools selected to receive help implementing high-quality, research-based strategies for advanced
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reasoning, data management, dropout prevention, and instruction in reading, writing, and math. It’s all part of the George W. Bush Institute’s Middle School Matters (MSM) program. www.saisd.org
5
A marillo school district recognized for energy efficiency
Amarillo ISD received a $181,609 rebate from Xcel Energy for upgrading heating and air conditioning systems and installing more energy-efficient lighting. The energyefficiency efforts are part of the 2013 school bond program. www.amaisd.org
6
College Station student earns highest-possible score on ACT
A&M Consolidated High School senior Shilpa Saravanan earned the highest-possible score on the ACT exam. Saravanan earned a composite score of 36 on the exam. Saravanan is the third CSISD student to score a composite score of 36 in the last two years. www.csisd.org
7
L aredo elementary students name new U.S. Border Patrol horse
Fourth-grade students from Clarence L. Milton Elementary School in Laredo selected the name Whisper for a new U.S. Border Patrol horse. www.facebook.com/laredoisd
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your atpe
family album
1
3 2
8. ATPE Connect: Austin Gina Fuentes and Tina Steiner-Johnson visit at the Blackfinn Ameripub during ATPE Connect: Austin. ATPE Connect is a chance for educators to chat, collaborate, and connect over free appetizers and happy hour specials.
JOIN US! There are three more ATPE Connect events scheduled: Dallas (1/15), Ft. Worth (2/12), and McAllen (3/19).
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atpe news
1 Pharr-San Juan-Alamo Pharr-San Juan-Alamo Local Unit members fill goodie bags at Garza-Pena Elementary for campus reps to use during recruiting. Pictured from left to right are: Michael A. Sweet, Lydia Rodriguez, Isabel Vasquez, and Janie Ruiz.
2 Tyler ATPE Tyler ATPE members pictured from left to right are: Betty Berndt, Janna Dugie, and Bobby Barnes.
PHOTOS COURTESY OF: 1. REGION 1 ATPE FACEBOOK; 2. ELAINE ACKER; 3. CYNTHIA VILLALOVOS; 4. CYNTHIA VILLALOVOS; 5. MARY JO BURGESS; 6. REGION 13 ATPE FACEBOOK; 7. CYNTHIA VILLALOVOS; 8. ERICA FOS
3 Cleveland ATPE Cleveland ATPE sponsored a powerlifting meet at Cleveland High School. Pictured from left to right are: Kevin Anderson, George Taylor, Jesse Woods, Andrew Higham, and Jim Gregory.
4 Tomball NTO
4
ATPE is represented at the Tomball ISD new teacher orientation. Pictured from left to right are: Eli Rodriguez, Cathy Eng, Lizette Pinto, Donna Gibbon, Charles Ricketts, and Pamela Kaiser.
5 Vidor ATPE Vidor ATPE members gather at their district convocation in August. Pictured from left to right are: Leslie Wilson, Jaime Carter, Kira DeVillier, and Shanon DeVillier.
6 Region 13 Officers Meeting 5
6
Region 13 ATPE officers meet at Serrano’s Restaurant in Austin. Pictured from left to right are: Secretary Beth Wolpman, Connie Hernandez, Christie Smith, Genie Rolf, Jayne Serna. Michael Perez is not pictured.
7 Galena Park ATPE
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Galena Park ATPE members from left to right are: Sharon Dixon, Debbie Williamson, Marla Taylor, Katie Perkins, Donald Scarborough, Cynthia Villalovos (ATPE regional representative), Gina Lewis, Cecilia Morales, Cheryl Clardy, and Lynn Nutt.
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your atpe
kudos
Bravo, ATPE Members
Congratulations to all ATPE members who go the extra mile to achieve great heights in their field. AUSTIN
The following ATPE members were selected to receive a 2014 Outstanding Teaching of the Humanities Award.
Mary Ledbetter, a UT Elementary School fifth-grade teacher, was honored with the 2014 James F. Veninga Outstanding Teaching of the Humanities Award from Humanities Texas.
This award, presented annually by Humanities Texas, recognizes teaching excellence in fields such as language arts and social studies in Texas.
HOUSTON
CARROLLTON
Judy Wallis was honored by the Texas Council of Teachers of English Language Arts with the Edmund J. Farrell Distinguished Lifetime Service Award. Wallis currently teaches at the University of Houston and serves as a literacy consultant. She retired as Spring Branch ISD’s ELA director.
Lorraine Dumerer is an AP social studies teacher at Turner High School.
HOUSTON Teresa Lee-Galiazzo is the fine arts department chair and a teacher at Alief Hastings High School.
SAN ANTONIO Mary Lagleder is an AP U.S. history and human geography teacher at Warren High School.
LEAGUE CITY Betty McCulloch, a sixth-grade science teacher at Clear Creek Intermediate School, was named the middle school recipient of the 2014 Texas Medical Association Ernest and Sarah Butler Award for Excellence in Science Teaching.
ROUND ROCK Holly Griffin, an English teacher at Cedar Ridge High School, is one of two Texas teachers to win the Award for Outstanding Early-Career Teaching from Humanities Texas.
SAN ANTONIO Jennifer Lankes, an AP biology teacher at Fox Tech High School, was named an Innovation Honoree at San Antonio ISD’s Inspire Awards.
WILLIS Donna Ward, the PEIMS coordinator at Willis ISD, was named district MVP for Willis ISD for the month of September. Ward is the Region 6/Willis ATPE president.
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ATPE CONGRATULATES THE 25 TEXAS SCHOOLS THAT RECEIVED 2014 NATIONAL BLUE RIBBON HONORS These 25 schools were awarded Blue Ribbon honors for 2014. The schools were nominated by the Texas Education Agency (TEA). The program recognizes public and private elementary, middle, and high schools where students perform at very high levels. All schools were selected as exemplary high performing schools as measured by state assessments or nationally normed tests. Each school has an economically disadvantaged population of 40 percent or greater.
• Conroe ISD–Geisinger Elementary School • Clear Creek ISD–Bay Elementary School • Clear Creek ISD–Lavace Stewart Elementary School • Dallas ISD–Henry W. Longfellow Career Exploration Academy • Dallas ISD–Kathlyn Joy Gilliam Collegiate Academy • Dallas ISD–Dr. Wright L. Lassiter, Jr. Early College High School (formerly Middle College High School) • Dallas ISD–School of Business and Management at Yvonne A. Ewell Townview Center
• Avalon ISD–Avalon School
• Eagle Pass ISD–Liberty Elementary School
•C arrollton-Farmers Branch ISD– Early College High School
• El Paso ISD–Cielo Vista Elementary School
• Carrollton-Farmers Branch ISD– McCoy Elementary School
• El Paso ISD–Transmountain Early College High School
atpe news
•F ort Worth ISD–Charles Nash Elementary School •G arland ISD–Routh Roach Elementary School •G arland ISD–Walnut Glen Academy for Excellence •H ouston ISD–Houston Academy for International Studies • Kerrville ISD–Nimitz Elementary School •K IPP Inc. Charter–KIPP Houston High School •K IPP Inc. Charter–KIPP Sharp College Prep (Houston) • Mason ISD–Mason Elementary School • Saltillo ISD–Saltillo School •S an Angelo ISD–Santa Rita Elementary School • Sudan ISD–Sudan High School •W aller ISD–Fields Store Elementary School For more information about the national Blue Ribbon Schools program, visit the U.S. Department of Education’s website at www2.ed.gov/programs/nclbbrs.
Correction In the Fall edition of ATPE News, we announced that Caryn Bartle, Plano ATPE, had received the Campus Representative of the Year Award for local units with 501 or more members. The photo accompanying the announcement, however, was of Jill Gipson. We appreciate Caryn and Jill’s good humor and understanding and wanted to highlight Caryn’s award one more time.
CARYN BARTLE “ I love to talk to people and find it easy to speak about things I believe in. I believe in ATPE. I use every opportunity that I have to speak to the staff and parents in the buildings about ATPE, what we stand for, and what we are doing for our community.”
Be recognized for YOUR EFFORTS! If you know an ATPE member who deserves recognition (it could even be you!), let us know. Kudos covers awards, scholarships, and other education-related achievements only; promotions, retirements, and non-education-related personal achievements will not be included.
E-mail kudos to ATPE Communications at comm@atpe.org or send them to: ATPE News | 305 E. Huntland Dr., Ste. 300 | Austin, TX 78752-3792
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your atpe
foundation news
Playing for a Good Cause Another successful ATPE Foundation Golf Classic means a win for public schools The ATPE Foundation raised close to $70,000 in cash and in-kind donations during its fifth annual golf tournament on October 17 at Teravista Golf Club in Round Rock. This year’s tournament was the largest to date, with more than 100 players hitting the links. One hundred percent of the money raised at the golf tournament goes toward the foundation’s mission of enhancing literacy, technology, and educator recruitment and retention programs in Texas public schools. Specifically, the money raised will fund the foundation’s seven Beth Ann Rogers Literacy Grants and two Technology Grants, which will be given to educators and public schools during the 2014-15 school year, as well as $1,500 in scholarships for twenty university education students. This event was a success in large part because of our generous sponsors. For a complete list of sponsors, read the latest issue of Enrich, the foundation newsletter at bit.ly/1sgni6m.
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atpe news
GIVE A GIFT TO STUDENTS, TEACHERS, AND SCHOOLS The ATPE Foundation works to advance public education and the success of Texas students through literacy initiatives, technology programs, and educator recruitment and retention efforts. The ATPE Foundation puts students first by working to ensure their success through our grant and scholarship programs. We provide grants because we believe Texas students must have access to resources and technology that will help them compete and excel. We provide scholarships because we support the next generation of Texas teachers in educator preparation programs. By donating to the ATPE Foundation, you are directly helping a student succeed.
GOLF PHOTOS-ATPE STAFF; © HEART ENVELOPE/BELIALINC_STUDIOS/ISTOCK/THINKSTOCK; GIRL WITH LAPTOP/ISTOCK/THINKSTO CK; CHILDREN IN LIBRARY/JUPITERIMAGES/THINKSTOCK
You can make a donation online at atpefoundation.org or mail a check or money order to:
dation ATPE Foun list ram Specia Attn: Prog , Ste. 300 tland Drive n u H . E 5 0 3 78752 Austin, TX
2014-15 Beth Ann Rogers Literacy Initiative Through the Beth Ann Rogers Literacy Initiative, the ATPE Foundation provides $1,500 in grants to Texas public school libraries to purchase literacy materials and modernize literacy resources. Seven grants will be awarded during the 2014-15 school year. View the grant criteria, guidelines, and application at atpefoundation.org. All applications must be received by February 2, 2015.
Read ATPE News online at http://www.atpe.org/ en/News/ATPE-News-Archives for links to additional resources.
When you think CPE, think ATPE! DID YOU KNOW… • ATPE produces live webinars almost every month? • Our strategic partners offer professional learning opportunities for ATPE members? • The ATPE Professional Learning Portal provides access to on-demand webinars and other CPE courses?
BEST OF ALL, THESE RESOURCES ARE FREE TO ATPE MEMBERS. Go to the Resources section of atpe.org, register for upcoming webinars, and then visit the ATPE Professional Learning Portal. Are you an expert in your field? Submit a course proposal form for the opportunity to develop a CPE course for ATPE. Course proposal forms can be found in the Resources section of atpe.org.
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your atpe
award deadlines
Recognize a colleague in education who changes lives and inspires excellence by nominating them for an ATPE Educator of the Year Award. You can also apply for one of ATPE’s other awards programs and honor outstanding ATPE members. FEB. 1: NOMINATION DEADLINE
MARCH 2: APPLICATION DEADLINE
Feb. 1 is the nomination deadline for the ATPE Educator of the Year Awards, which are presented in five categories: Administrator, Associate, Elementary Teacher, Secondary Teacher, and Special Services Educator. Winners each receive $5,000. Self-nominations are not accepted. Find more information and a nomination form at www.atpe.org/en/ Member-Benefits/Awards-Grants/Educator-of-the-Year.
March 2 is the application deadline for the Educator of the Year Award, the Local Unit of the Year Award, the Campus Representative of the Year Award, and the Sam Houston Award for Political Involvement.
QUESTIONS ABOUT ATPE AWARDS? CALL THE ATPE STATE OFFICE AT (800) 777-2873 Each year, ATPE recognizes educators, ATPE leaders, and those friends of Texas public schools who demonstrate exceptional capabilities in their respective fields, recruit ATPE members, participate in ATPE’s advocacy efforts, and report on what matters most in public education. Find out more about ATPE awards and grants at www.atpe.org/en/Member-Benefits/ Awards-Grants/Get-Recognized.
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• The Local Unit of the Year Award honors exceptional local units in four categories: 1–200 members, 201–500 members, 501-plus members, and university. Each winning local unit will receive a check for $1,000. www.atpe.org/en/ Member-Benefits/Awards-Grants/Local-Unit-of-the-Year • The Doug Rogers Campus Representative of the Year Award recognizes volunteers in three categories: 1–200 members, 201–500 members, and 501-plus members. Each winner will receive $1,000, and their local units will each receive $250 for future activities. www.atpe.org/en/ Member-Benefits/Awards-Grants/Campus-Rep-of-Year • The Sam Houston Award for Political Involvement honors one member for excellence in the growth and development of individual grassroots political involvement. The winner is presented with a special gift and a stipend (up to $1,250) to attend ATPE’s Political Involvement Training and Lobby Day or other involvement events. www.atpe.org/en/Member-Benefits/ Awards-Grants/Sam-Houston-Award
atpe news
atpe-pac honor roll
The following ATPE members donated $50 or more to ATPE’s Political Action Committee (ATPE-PAC) POLITICAL ACTION between July 1 and Sept. 30, 2014. COMMITTEE
Amarillo Shane Whitten
your atpe
THANK YOU FOR YOUR DONATION!
Crowley Elaine Basham Steve Pokluda
Jacksboro Jean Henderson Elizabeth Reynolds
Monahans-WickettPyote Vicki Greenfield
Spring Branch Jamie Russo Cindy Woods
Cypress-Fairbanks Stephanie Bailey
Jasper Rebecca Dougharty
Nacogdoches Janie Leath Katherine Whitbeck
Stanton Teresa Griffin
Dallas Beverly Stone
Joshua Keri Henderson
Austin Kay Platis Kimloan Tran
Dayton Cathy Harbour
Keller Darius Hatchett
Bandera Jettie Whitlock
Del Valle Mary Hopkins
Beaumont Suellen Ener Patrice Rabalais Mary Beth Woodall
Fort Bend Cathy Duvall
Killeen Eileen Walcik Melissa Walcik Ron Walcik Archie Woody Sharon Woody
Andrews Teresa Gross Arlington Carole Lemonds
Birdville Monty Bill Elizabeth Shier Boerne Richard Wiggins Burleson Mary Bryan Carrollton-Farmers Branch Nicholi Hoskins Stefani Johnson Columbus Charlotte Tilotta Comal Kim Farlow Corpus Christi Barbara Ruiz
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Fredericksburg Rhonda Eckert Garland Carol Phelps Jed Reed Nichole Waggoner Gatesville Skip Omenson Harlandale Alma Lee Amende Hays Lois Hunt Humble James Ellis Gayle Sampley Irving Connie Kilday Gary Schepf
Northside (20) David de la Garza Lisa Gray Olney Sam Spurlock
Sweeny Jeanette Hlavaty Tyler Eddie Hill Vidor Janice Brent
Pineywoods Ginger Franks Dorothy Franks Melinda McGinnis
Waco Sandra O’Connor Jane Sykes
Krum Betty Ann Plunkett
Pittsburg Gay Cooley
Warren Sue Allen
La Grange Beverly Albers
Ranger Bobbie Thompson
Waxahachie Nora Crist
Lake Worth Gina McNeely
Robinson Kimberly Cowart
West Janice Hornsby
Lubbock Ranelle Baldwin
Robinson Kim Granger
Willacy County Pat Brashear
McAllen Twila Figueroa Dwight Smith
San Antonio Tina Briones Skip Hildebrand
Woden Malinda Holzapfel
Mesquite Carol Davies Barbara Jo Green Janice Houston Debbie Massey Diane Nix
Schertz-CiboloUniversal City Sherri Ledford
Midlothian Harriette Fowler
Tuloso-Midway Dora Cerda
Spearman Sherry Boyd
Friends of Public Education Bickie Coffey Deryl Elms Roger Gutierrez Michael McClain Cindy Merka Sandra Rosinbaum
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MARCH 15: ATPE STATE OFFICER NOMINATION DEADLINE The ATPE Nomination/Election Committee is seeking qualified state officer candidates with excellent leadership ability. As the elected leaders of the organization, state officers speak and act on behalf of ATPE’s more than 100,000 members and Texas students. State officers participate in all ATPE Board of Directors meetings and represent ATPE at region meetings and other functions. The vice president, secretary, and treasurer travel 15 to 20 days per year on ATPE business; the president devotes considerably more time to representing ATPE. Per the ATPE State Bylaws (available at http://www. atpe.org/en/About-ATPE/ Governance/House-ofDelegates), professional, associate, and retired members are eligible to run for office. Call (800) 777-2873 or email dhamad@atpe.org to request a nomination form. Nominations must be received in the state office by March 15. The election will be held during the 2015 ATPE Summit.
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Allen Bettis, Frankie Jarrel, Diane McLaurin, Chris Douglas (chair), Stacy Brown, Crystal Huff-Peterman, Mark Buckner
Meet the Volunteers ATPE is proud to be member-owned and member-governed. ATPE members from across the state volunteer to serve on committees that determine the direction of the organization. This helps ATPE stay focused on our mission. The Nominations and Elections Committee is one of these vital standing committees. Do you recognize any of your ATPE colleagues in the picture above? These dedicated volunteers convened in Austin in October 2014. They proposed the 2015 election rules to the ATPE Board of Directors and are soliciting qualified candidates to run for ATPE state office. But the committee’s work does not end there. Committee members will also oversee the integrity and fairness of the election process when the ATPE House of Delegates convenes in Austin this July. Every delegate will cast a ballot in that election for his or her candidate of choice. There are many benefits to being an active ATPE member, but the ultimate reward is to roll up your sleeves at the leadership level and take charge of your organization’s future. If you are interested in becoming an ATPE volunteer, contact Kelli Johnson, our volunteer program coordinator, at kjohnson@atpe.org for more information.
atpe news
ATPE IS COMMITTED TO PROTECTING YOU * ATPE values superior service, and we have a long history of protecting our members. Our dedicated legal team is here for you if your integrity and work ethics are challenged, your livelihood is in jeopardy, or you simply need an answer only an experienced education law attorney can provide. We also value honesty. We want you to understand the superior protection your ATPE membership affords you. That’s why we think it is important to provide you with the details of your insurance policy. There are many ways we share this with you, and we choose to print it in ATPE News in the interest of transparency. We’re proud of the protection we offer, and we think you deserve to know exactly what you’re getting for your membership. Your insured protection benefits are outlined in the following detailed summary of the 2014-15 Educators Professional Liability Insurance Policy. Please read the summary carefully, and save it for future reference. You may also view it and other valuable information at www.atpe.org/protection. *Eligibility, terms, and conditions apply.
INSURANCE POLICY* HIGHLIGHTS INCLUDE: • Up to $8 million per claim and aggregate in liability insurance, including a $2 million limit for civil rights claims plus defense costs. • Up to $20,000 aggregate for employment rights defense with a $10,000 per-claim limit, win or lose. • Additional $5,000 per claim for favorable-outcome certification and termination claims. • Up to $15,000 aggregate for criminal defense. • Up to $5,000 per claim for bail bond reimbursement. • Up to $10,000 aggregate for successful appeals beyond the school board or commissioner of education.
THE INSURANCE COMPANY APPROVES THE FOLLOWING ATTORNEYS AND FIRMS:
For assistance, members must call (800) 777-2873. For more information, visit www.atpe.org/protection.
• Birdsong and Armstrong P.C. • Brim, Arnett & Robinett P.C. • How Frels Rohde Woods & Duke P.C. • Langley & Banack Inc. • The Law Office of Daniel A. Ortiz • The Law Offices of Shane Goetz • The Law Offices of James Darnell • The Law Offices of Ruben Peña • The Lungwitz Law Firm P.C. • The McCormick Law Firm • Oscar Alvarez • Tony Conners, Attorney at Law • Tritico & Rainey PLLC • Upton, Mickets & Heymann LLC • Watson, Caraway, Midkiff & Luningham LLP
CLAIMS PROCEDURE
The approved list above is subject to change at any time and without notice.
In addition to the above insured benefits, ATPE maintains a staff of 11 full-time attorneys who are available to assist eligible members with professional concerns.
Except for situations necessitating immediate representation by a privatepractice criminal defense attorney, eligible ATPE members must contact the ATPE Member Legal Services Department at (800) 777-2873 from 8 a.m.– 5 p.m. Monday–Friday for legal assistance with employment concerns. In some cases, eligible ATPE members are referred to private-practice attorneys on the approved list (see right). Except for criminal defense, only fees from attorneys and law firms approved by National Union Fire Insurance Co. of Pittsburgh, Pa., may be covered. If members retain attorneys in private practice, they must comply with the claims procedure set forth by ATPE. To access benefits, you must be an eligible member in the appropriate insured category at the time of the activity that leads to the action against you.
ATTORNEYS AND LAW FIRMS ARE SELECTED USING THE FOLLOWING CRITERIA: • Experience in education and employment law. •Q uality of services and responsiveness to clients’ and ATPE’s needs, as demonstrated by user feedback. • Efficiency, billing practices, and compliance with claims procedures. • Competitive rates. • Availability and geographic location of practice. • Ability to constructively interact with all components of the program. • Cooperation with the claims administrator and insurance carrier. • Philosophy and approach compatible with those of ATPE. • Demonstrated sound judgment.
ATPE members may submit recommendations for attorneys to be considered for approval to: AIG, Jorge Godreau, Errors & Omissions/Financial Lines Claims, 175 Water Street, 8th Floor, New York, NY 10038. The Educators Professional Liability Insurance Policy is underwritten by National Union Fire Insurance Co. of Pittsburgh, Pa., with more than $5.8 billion in net surplus and more than $24.7 billion in total admitted assets as of Dec. 31, 2013. The insurer may not be subject to all insurance laws and regulations of this state. The foregoing notice is provided pursuant to Texas Insurance Code Article 21.54. ALL COVERAGE IS SUBJECT TO THE EXPRESS TERMS OF THE MASTER LIABILITY INSURANCE POLICY ISSUED TO ATPE AND KEPT ON FILE AT THE ATPE STATE OFFICE. Coverage applies to an insured’s activities within his/her professional capacity and does not apply to activities that predate the coverage period. View a detailed summary at atpe.org. Eligibility for ATPE membership benefits is contingent upon ATPE’s receipt of the entire annual membership dues amount for your appropriate membership category. A disruption in payments to an authorized payment plan may result in discontinuation of such benefits, including cancellation of insurance coverage for the entire membership year retroactive to Aug. 1 or your membership date. ATPE reserves the right to determine eligibility for the appropriate membership category. The membership year runs from Aug. 1–July 31. *
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IMPORTANT NOTICE
AVISO IMPORTANTE
To obtain information or make a complaint: You may call the Company’s toll-free telephone number for information or to make a complaint at: 1-800-553-6938
Para obtener informacion o para someter una queja: Usted puede llamar al numero de teléfono gratis de la compania para informacion o para someter una queja al: 1-800-533-6938
You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or complaints at: 1-800-252-3439
Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439
You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us Email: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should 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 of the attached document. 94396 (4/07)
Puede escribir al Departamento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us Email: ConsumerProtection@tdi.state.tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE A VISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto.
ASSOCIATION OF TEXAS PROFESSIONAL EDUCATORS EDUCATORS PROFESSIONAL LIABILITY INSURANCE Underwritten By National Union Fire Insurance Company of Pittsburgh, Pa.* This insurance is only available to eligible members of the Association of Texas Professional Educators (ATPE) through a Purchasing Group. All coverage provided under the terms of the Educators Professional Liability Insurance Policy in the event of a loss or occurrence is subject to the express terms of the master insurance policy issued to ATPE by National Union Fire Insurance Company of Pittsburgh, Pa. (NUFIC) and kept on file with ATPE, including all terms, conditions, exclusions, and endorsements. The following is a summary provided by ATPE of the policy issued to ATPE.** The endorsements and/or provisions that form a part of the policy but which are not reproduced herein include: Rate and Premium, Policy Holder Notice 91222(12/09), ATPEDIV(2/99), Notice 53365, Choice of Counsel.
DECLARATIONS POLICY NUMBER: 25407121 ITEM 1. NAMED INSURED: ASSOCIATION OF TEXAS PROFESSIONAL EDUCATORS MAILING ADDRESS: 305 E. HUNTLAND DRIVE SUITE 300 AUSTIN, TX 78752-3792 ITEM 2. POLICY PERIOD: From: August 1, 2014 (12:01 A.M. standard time at the address stated in Item 1. above) To: August 1, 2015 (12:01 A.M. standard time at the address stated in Item 1. above). ITEM 3. LIMITS OF LIABILITY: Coverage A $ 8,000,000 per Insured per occurrence subject to $ 2,000,000 per Insured per occurrence for civil rights claims $ 8,000,000 aggregate per Insured Coverage B $ 10,000 per claim per Insured under B(1)(a) $ 20,000 aggregate per Insured under B(1)(a) $ 10,000 per claim and aggregate per Insured under B(1)(b) $ 5,000 per claim per Insured under B(1)(c) $ 10,000 aggregate per Insured under B(1)(c) $ 15,000 per claim and aggregate per Insured under B(2) $ 200,000 aggregate for any class action suit subject to the limit per claim and aggregate limit per Insured under B(1a) Coverage C $ 5,000 per Bail Bond per Insured. Coverage D $ 2,500 per claim per Insured. Coverage E $ 2,500 per claim per Insured subject to: $ 2,500 aggregate per Insured The Company agrees with the Insured, named in the Declarations made a part hereof, in consideration of payment of the premium and subject to the limits of liability, exclusions, conditions and other terms of this policy;
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INSURING AGREEMENTS Coverage A - Liability Coverage To pay on behalf of the Insured all sums, in excess of any other valid and collectible insurance, including but not limited to, the Insured’s employers general liability or errors and omissions coverage, which the Insured shall become obligated to pay by reason of liability imposed by law for damages resulting from any claim made against the Insured arising out of an occurrence in the course of the activities of an Insured in his/her professional capacity [as set out in definition (b)] and caused by any acts or omissions of the Insured or any other person for whose acts the Insured is legally liable, and the Company shall defend any suit seeking damages on account thereof which are payable under the terms of this policy, even if such suit be groundless, false or fraudulent; but the Company may make such investigation, negotiation and settlement of any claim or suit as it may deem expedient. In the event no other valid and collectible insurance exists this policy shall pay on behalf of the Insured all sums which the Insured shall become obligated to pay by reason of liability imposed by law for damages resulting from any claim made against the Insured arising out of an occurrence in the course of the activities of an Insured in his/her professional capacity [as set out in definition (b)] and caused by any acts or omissions of the Insured or any other person for whose acts the Insured is legally liable, and the Company shall defend any suit seeking damages on account thereof which are payable under the terms of this policy, even if such suit be groundless, false or fraudulent; but the Company may make such investigation, negotiation and settlement of any claim or suit as it may deem expedient. Coverage B - Reimbursement of Attorney Fees (1) To reimburse an Insured on account of such attorney fees for services as are reasonable and necessary which the Insured is legally obligated to pay to an attorney approved by the Company to whom the Insured has been referred by the Named Insured for the defense of any action brought against such Insured arising out of the following activities, but without obligation to furnish such attorney: (a) Incurred in the defense of any action or proceeding involving such Insured’s salary, dismissal, contract nonrenewal, change of assignment, tenure, leave of absence, resignation or other
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professional rights, duties and responsibilities, allegations of intentional or negligent sexual conduct and arising within the scope of employment; involving the issuance, suspension, cancellation or revocation of such Insured’s credential, life diploma or certification document issued by the State Board of Education, State Board of Educator Certification or Commission on Credentials; based upon an alleged violation of such Insured’s civil rights guaranteed by the Constitution or civil rights statutes of the United States or any state arising out of activities of an Insured in his/her professional capacity and not otherwise covered; as a result of an Insured’s service on an appraisal and/or a career ladder select committee. (b) Incurred in the appeal of a decision by the governing board of a school district or the commissioner of education resulting from defense of an action or proceeding under Coverage B (1)(a), provided, however, final judgment is rendered in favor of the Insured. (c) i n addition to any amount reimbursed pursuant to Coverage B(1)(a), incurred in the defense of any action or proceeding involving dismissal, contract renewal, or suspension, cancellation or revocation of any credential, life diploma or certification document issued by the State Board of Education, State Board of Educator Certification or Commission on Credentials, provided that the final outcome in such action or proceeding is in favor of the Insured. (2) To reimburse an Insured on account of such attorney fees for services as are reasonable and necessary which the Insured is legally obligated to pay to an attorney for the defense of any criminal action or proceeding brought against such Insured, but without obligation to furnish such attorney, arising out of the Insured’s activities in his/her professional capacity on the property of an educational institution while performing duties of employment or during an event to which the Insured is assigned by the educational institution. The reimbursement of attorney fees shall be according to the following schedule and subject to the limit of liability stated under Coverage B(2) of the Declarations: 1. Up to $10,000 (including an initial amount of up to $5,000 for a retainer), regardless of the final outcome of such criminal action or proceeding; and 2. Up to an additional $5,000, but only if the Insured is found not guilty or otherwise acquitted of all charges in such criminal action or proceeding, or if all criminal charges in such criminal action or proceeding are withdrawn or dismissed with prejudice. Deferred adjudication, a plea of no lo contendre, or a plea to or conviction on lesser charges in such criminal action or proceeding shall not constitute a not-guilty finding, acquittal, withdrawal or dismissal. Coverage C - Bail Bonds To pay the premium for Bail Bond required of the Insured arising out of activities of the Insured in his/her professional capacity, as hereinafter defined, not to exceed $5,000 per bail bond, but without obligation to apply for or furnish such bond. For purposes of this coverage, a series of continuous or similar actions by the Insured shall constitute a single claim regardless of the number of indictments. Coverage D - Assault-related Personal Property Damage To pay an Insured up to $2,500 for damage to or destruction of the Insured’s personal property which is caused by an assault upon the Insured arising out of an occurrence in the course of an Insured’s authorized course of activities in his/her professional capacity to the extent that such damages exceed the coverage provided by any Homeowners, Personal Property Floaters or other similar valid and collectible insurance. This coverage does not apply to damage or destruction of a vehicle of any kind, or to damage to or destruction of leased or loaned property. Coverage E – Personal Identity Theft Coverage To reimburse the Insured up to $2,500, for reasonable and necessary attorney fees which the Insured is legally obligated to pay to an attorney, as a result of a Stolen Identity Event occurring during the policy period but without obligation to furnish such attorney, to the extent that such fees exceed the coverage provided by any other benefit, program or policy available to the Insured. SUPPLEMENTARY PAYMENTS The Company will pay, in addition to the applicable limit of liability for Coverage A: a. all expenses incurred by the Company, all costs taxed against the Insured in any suit defended by the Company and all interest on the entire amount of any judgment therein which accrues 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; b. 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 for or furnish any such bonds; c. expenses incurred by the Insured for first aid to others at the time of an accident for bodily injury to which this policy applies; d. reasonable expenses incurred by the Insured at the Company’s request in assisting the Company in the investigation or defense of any such claim or suit, including actual loss of earnings not to exceed $50.00 per day.
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DEFINITIONS a. The word “Insured” wherever used shall mean a person who is a professional, associate, teacher trainee or life member of the Named Insured. If the policy is a renewal, the word “Insured” includes members covered under the expired policy who reapply within sixty days of the inception of this policy. b. The phrase “activities of an Insured in his/her professional capacity” wherever used shall mean activities of an Insured in the course of his/her duties of employment with an “educational institution” or activities of an Insured in the course of his/her duties as a student in a teacher education program in an accredited college or university. With respect to Coverage A, “activities of an Insured in his/her professional capacity” shall not include services rendered in the practice of law, construction, accountancy, financial or other similar professionally licensed services. c. The term “occurrence” only applies to Coverage A. It means an event, which results in damages to someone other than the Insured. An occurrence can involve a single, sudden event or the continuous or repeated exposure to the same conditions. If a Claimant or Claimants allege to have sustained damages caused by repeated exposure to the same conditions caused by the Insured during different policy terms, then the exposure shall be deemed to have occurred as of the most recent exposure to said conditions, and shall be covered only by the last of all policies issued by the Company to the Insured and not by more than one policy issued by the Company. d. The term “membership date” means the date on which a person becomes a professional, associate or teacher trainee member of the Named Insured. e. The term “membership year”, for purposes of use in this policy, means the period for obtaining membership in the Named Insured, beginning August 1st and ending on August 1st, twelve months following. f. The term “educational institution” means a public school district, institution of higher education, Regional Education Service Center, or the Central Education Agency. g. The term “attorney fees” means costs incurred by an attorney approved by the Company in accordance with policy terms and the claims reporting procedures as set forth by the Named Insured. h. The term “civil rights claims” where used shall mean any claim against an Insured alleging a violation of any person’s civil rights, as protected by: the Constitution of the United States or of any state; The Civil Rights Acts of 1866 and 1964, as amended; the Americans with Disabilities Act; and any state or federal statute, regulation or executive order. i. The term “Stolen Identity Event” means the theft of non-public information about the Insured (including, without limitation, the Insured’s social security number) which has resulted or could result in the wrongful use of such information. j. The term “criminal action or proceeding” means any: (1) criminal proceeding against an Insured which is commenced by the return of an indictment or receipt or filing of a notice of charges in a court of law and alleges one or more violations of any federal or Texas criminal laws; or (2) investigation by a law enforcement agency or other authorized governmental entity, including an educational institution, of one or more alleged violations by an Insured of any federal or Texas criminal laws. EFFECTIVE DATES OF INSURANCE The effective date as respects an “Insured” is the “membership date” in the “membership year” except as follows: 1. If this policy is a renewal, the word “Insured” includes members covered under the expired policy who reapply within sixty (60) days of inception of this policy, and coverage for such members is effective on the inception date of this policy. 2. As respects new and renewal members who join after the annual enrollment period (August 1 to September 30) and who were otherwise eligible for membership during the enrollment period, the effective date of coverage under Coverage B, C, D and E of this policy shall be thirty (30) days after the “membership date”, and coverage is not provided for actions resulting from activities of an Insured which begin prior to the effective date of coverage. POLICY PERIOD 1. As respects Coverage A, this policy applies only to occurrences (as defined) during the policy period. 2. As respects Coverage B, C and D, this policy applies only to actions resulting from activities of an Insured (as defined) which begin during the policy period. 3. As respects Coverage C, this policy applies only to any bail bond required as a result of an event or series of events which happen or are alleged to have happened during the policy period. 4. As respects coverage E, this policy applies only to Stolen Identity Events occurring during the policy period. This policy period shall begin August 1, 2014 and end August 1, 2015 (12:01 A.M. standard time at the address stated in Item 1., of the declarations) POLICY TERRITORY Anywhere in the world with respect to an occurrence arising out of the covered activities of any Insured permanently domiciled in the United States of America though temporarily outside the United States of America, its territories and possessions or Canada, provided the original suit for damages because of any such injury or damage is brought within the United States of America, its territories or possessions or Canada. Anywhere in the world with respect to a Stolen Identity Event, but only attorney fees incurred in the United States of America. Payment of loss under this policy shall only be made in full compliance with all United States of America economic or trade sanction laws or regulations, including, but not limited to, sanctions, laws and regulations administered and enforced by the U.S. Treasury Department’s Office of Foreign Assets Control (“OFAC”).
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EXCLUSIONS This policy does not apply: a. To activities of an Insured that are not activities of an Insured in his/her professional capacity, as defined above. b. To activities of an Insured that are carried on in a private business, private professional endeavor or private school, other than an Institution of higher education, except this exclusion does not apply to activities of a teacher trainee doing practice teaching in a private school. c. To the ownership, maintenance, operation, use, loading or unloading of (a) vehicles of any kind, other than farm tractors not operated on public highways, (b) watercraft, (c) aircraft, except, however, coverage would apply to: (1) a driver training instructor while riding as a passenger in the course of duties as an employee of a school system and (2) a vocational education instructor in the course of regular instruction carried on in a shop provided by the school and (3) an Insured while supervising students entering or exiting a school bus. The coverage afforded herein does not apply when the Insured has any other Insurance of any kind, whatsoever which affords coverage as to such liability. d. To liability assumed by the Insured under any contract or agreement. e. To injury, sickness, disease, death or destruction due to war, whether or not declared, civil war, insurrection, rebellion, or revolution, or to any act or condition incidental to any of the foregoing. f. To any obligation for which the Insured or any carrier may be held liable under worker’s compensation, unemployment compensation, disability benefits or similar laws. g. To the rendering, teaching or supervising of medical, surgical, dental, nursing, or other similar services of the omission thereof; except however, coverage would apply to: 1. First aid and regular nursing services rendered by a school nurse employed for the purpose of rendering such services; 2. First aid and regular nursing services rendered by a certified health aide employed for the purpose of rendering such services under the supervision of a school nurse; 3. Physical therapy rendered by a licensed physical or occupational therapist, or licensed athletic trainer, employed for the purpose of rendering such services; 4. The administration of oral prescription medicine to a student by an Insured, provided the Insured has advance written authorization for such administration from the parent or guardian of the student; 5. Emergency first-aid services rendered by the Insured when a school nurse or other medicallytrained person is not readily available; or 6. Psychological therapy or treatment rendered by a licensed practitioner employed for the purpose of rendering such services. h. Under Coverage A. to criminal acts other than corporal punishment. i. U nder Coverage A. to the defense of any civil suit for criminal acts other than corporal punishment. j. To liability in respect of claims brought by any employee or former employee of any educational institution against an Insured, as defined by the policy, except to the reimbursement of attorney’s fees as provided under Coverage B. The following three exceptions apply to this exclusion: 1. This exclusion shall not apply to any claim made or suit brought against an Insured by or on behalf of another employee of an institution of higher education if the claim or suit arises out of an occurrence in the course of activities of the Insured in his/her professional capacity as a participant in the peer review system of an Institution of higher education; however, this exclusion shall apply to an assault upon an Insured by another employee of an Institution of higher education if the assault arose out of an occurrence in the Insured’s aforementioned peer review activity. 2. This exclusion shall not apply to any claim made or suit brought against an Insured by or on behalf of another employee of an educational Institution if the claim or suit arises out of an occurrence in the course of activities of the Insured in his/her professional capacity as a member of a board of commission, established by the Insured’s state government, which has as its purposes the licensure or certification of educators, or the setting of standards for the licensure or certification of educators. 3. This exclusion shall not apply to any claim made or suit brought against an Insured by or on behalf of a minor or incompetent child of an employee of an educational Institution, if the claim or suit arises out of an occurrence in the course of activities of the Insured in his/her professional capacity. k. To punitive damages in excess of $5,000. l. E xcept as provided under Coverage B, this policy does not provide coverage to claims arising out of occurrences in which the Insured intentionally causes damage of any nature to another person or entity, except for claims arising from corporal punishment of any student or pupil administered by, or at the direction of, the Insured in his/her professional capacity. m. To the defense of any action of declaratory judgments, injunctive relief, or other similar proceeding, except as provided in Coverage B, unless the relief prayed for therein also seeks damages which are covered under Coverage A.
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n. To activities of any Insured while acting as a member of any school board or similarly constituted body. o. Except as provided under Coverage B, this policy does not provide a defense or coverage to damages resulting from any claim for actual sexual action or conduct or harassment. p. To any claims, 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, which are made because of any damages or injury arising out of Human Immune Deficiency Virus (HIV) Acquired Immune Deficiency Syndrome (AIDS), no matter how transmitted, except to reimbursement of attorney’s fees as provided under Coverage B. q. Under Coverage B, to any claim involving health, disability, unemployment or retirement benefits including such benefits payable, under any Workers Compensation law whether payable by an insurance company, trust, self insurance benefit plan of any school district, any similar carrier or provider or device arranged to handle such benefits, or to any action involving the payment or refund of premium(s) for such benefits. Neither the term “salary” nor the phrase “other professional rights, duties and responsibilities” under Coverage B(1)(a) shall be inclusive of such benefits. This exclusion shall not apply to claims involving the continuation of the insured’s group health coverage solely as provided in Texas Education Code §22.004, subsections (k) and (l). r. To bodily injury, property damages, personal injury or advertising injury arising out of the removal, transport, storage, installation or use of asbestos for any purpose whatsoever. This includes any loss, cost or expenses related to asbestos. s. With respect to Coverage E, to any dishonest, criminal, malicious or fraudulent acts if the Insured personally participated in, directed, or had knowledge of such acts. t. Under Coverage A, to any claim, defense or activity whatsoever involving a firearm, explosive weapon or device, stun gun or other device. u. To misuse, embezzlement, misappropriation, or breach of fiduciary duty, in the handling or managing of public and/or private monies, investments, securities or other funds held in a trust capacity, except as provided under Coverage B. v. Under Coverage A, to employment practices liability, including without limitation, wrongful dismissal, discrimination, harassment, retaliation or any activity of an Insured in connection with an educational institution’s employment, discharge or termination of any individual. w. Under Coverage A, to any claim against an Insured whose position requires administrator certification, or who is acting in a supervisory capacity, where such claim arises out of the Insured’s supervision or employment of any individual, the conduct of the Insured’s subordinate, or any alleged failure to report, prevent, address or remediate such subordinate’s conduct. x. Under Coverage B, to any action against an Insured arising out of the Insured’s actual or alleged activi- ties in a supervisory capacity, or relating to the Insured’s role in the creation or interpretation of any employment policy or procedure.
CONDITIONS 1. Limits of Liability The limits of liability stated in the Declarations are the limits of the Company’s liability for all damages, including damages for care and loss of services, arising out of one occurrence. 2. Notice of Occurrence When an occurrence takes place written notice shall be given by or on behalf of the Insured to the Company or any of its authorized agents as soon as practicable. Such notice shall contain particulars sufficient to identify the Insured and also reasonably obtainable information respecting the time, place and circumstances of the occurrence, the names and addresses of the injured and of available witnesses. 3. Notice of Claim or Suit If claim is made or suit is brought against the Insured, the Insured shall immediately forward to the Company every demand, notice, summons or other process received by him or his representative. 4. Notice of Stolen Identity Event When a Stolen Identity Event occurs, a report shall be filed by the Insured or on the Insured’s behalf with the appropriate police authority. Any claim for attorney fee reimbursement shall contain particulars sufficient to identify the Insured and also reasonably obtainable information respecting the time, place and circumstances of the Stolen Identity Event. 5. Assistance and Cooperation of the Insured The Insured shall cooperate with the Company, and upon the Company’s request, shall attend hearings and trials and shall assist in effecting settlements, securing and giving evidence, obtaining the attendance of witnesses and in the conduct of suits. The Insured shall not, except at his/her own cost, voluntarily make any payment, assume any obligation or incur any expenses other than for such immediate medical and surgical relief to others as shall be imperative at the time of the occurrence. 6. Action Against Company No action shall lie against the Company, unless as a condition precedent thereto, the Insured shall have fully complied with all terms of this policy, or until the amount of the Insured’s obligation to pay shall have been finally determined either by judgment against the Insured after actual trial or by written agreement of the
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Insured, the claimant and the Company. Any person or organization or the legal representative thereof who has accrued such judgment or written agreement shall thereafter be entitled to recover under this policy to the extent of the insurance afforded by this policy. Nothing contained in this policy shall give any person or organization any right to join the Company as co-defendant in any action against the Insured to determine the Insured’s liability. Bankruptcy or insolvency of the Insured or of the Insured’s estate shall not relieve the Company of any of its obligations hereunder. 7. Other Insurance If other insurance, excluding policies issued by the Company, is available to the Insured covering a loss also covered by this policy, then this policy shall apply in excess of, and shall not contribute with, such other insurance. If any other policy issued by the Company also applies to a loss which would be covered by this policy then this policy will pay its share of the loss based on the percentage this policy’s limit of liability bears to the total limits of liability of all insurance available to pay the loss. Other Insurance includes but is not limited to: (a) I nsurance, coverage or benefits provided by school boards, school districts or any similar entity including, without limitation, the Texas Association of School Boards (TASB); (b) Insurance, coverage or benefits provided by the National Education Association or any other national or local professional association or similar organization; (c) Insurance, coverage or benefits provided by self-insurance, trusts, pools, risk retention groups, captive insurance companies, or any other insurance plan or agreement of risk assumption; and (d) Insurance, coverage or benefits provided by an Insured’s homeowner’s, renter’s or personal umbrella policy. 8. Subrogation In the event of any payment under this policy, the Company shall be subrogated to all the Insured’s right of recovery therefor 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.
9. Changes Notice to any agent or knowledge possessed by any agent or by any other person shall not effect a waiver or a change in any part of this policy or estop 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. 10. Cancellation This policy may be canceled by the Named Insured for any reason by surrender thereof 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 by the Company only for non-payment of premium by mailing to the Named Insured at the address shown on the policy, written notice stating when not less than fortyfive days thereafter such cancellation shall be effective. The mailing of notice as aforesaid shall be sufficient proof of notice. The time of surrender of the effective date and hour of cancellation stated in the notice shall become the end of the policy period. Delivery of such written notice either by the Named Insured or by the Company shall be equivalent to mailing. If the Named Insured or the Company cancels the policy, earned premium shall be computed on a pro rata basis. Premium adjustment may be made either at the time cancellation is effected or as soon as practicable after cancellation becomes effective. Any other premium adjustment or return premium as would apply had cancellation not been affected shall be computed substituting the date of cancellation for the expiration date of this policy. 11. Terms of Policy Conformed to Statute Terms of this policy, which are in conflict with the statutes of the state wherein this policy is issued, are hereby amended to conform to such statutes. * NUFIC is located at 175 Water Street, New York, New York 10038-0150 **The description of coverage herein is a summary only. It does not include all provisions of the policy issued to ATPE by NUFIC. Please refer to the master policy kept on file with ATPE for complete details of coverage.
United States Postal Service Statement of Ownership, Management and Circulation 1. Publication Title: ATPE News 2. Publication Number: 578-050 3. Filing Date: October 1, 2014 4. Issue Frequency: Quarterly (Fall, Winter, Spring, Summer) 5. Number of Issues Published Annually: 4 6. Annual Subscription Price: $10.00 7. Complete Mailing Address of Known Office of Publication: 305 E. Huntland Drive, Suite 300, Austin (Travis), Texas 78752-3792 Contact Person: Elaine Acker Telephone: (512) 467-0071 8. Complete Mailing Address of Headquarters or General Business Office or Publisher: 305 E. Huntland Drive, Suite 300, Austin (Travis), Texas 78752-3792 9. Full Names and Complete Mailing Addresses of Publisher, Editor and Managing Editor: Publisher: Gary G. Godsey, 305 E. Huntland Drive, Suite 300, Austin (Travis), Texas 78752-3792 Editor: Elaine Acker, 305 E. Huntland Drive, Suite 300, Austin (Travis), Texas 78752-3792 Managing Editor: Leslie Trahan, 305 E. Huntland Drive, Suite 300, Austin (Travis), Texas 78752-3792 10. O wner: Association of Texas Professional Educators, 305 E. Huntland Drive, Suite 300, Austin (Travis), Texas 78752-3792
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11. Known Bondholders, Mortgagees and Other Security Holders Owning or Holding 1 Percent or More of Total Amount of Bonds, Mortgages or Other Securities: None 12. Tax Status: The purpose, function and nonprofit status of this organization and the exempt status for federal income tax purposes Has Not Changed During Preceding 12 Months. 13. Publication Title: ATPE News 14. Issue Date for Circulation Data Below: Fall 2014 15. Extent and Nature of Circulation Average No. Copies Each Issue During Preceding 12 Months a. Total Number of Copies: 108,415 b. Paid Circulation (1) Mailed Outside-County Paid Subscriptions Stated on PS Form 3541: 105,499 (2) Mailed In-County Paid Subscriptions Stated on PS Form 3541: 0 (3) Paid Distribution Outside the Mails Including Sales Through Dealers and Carriers, Street Vendors, Counter Sales and Other Paid Distribution Outside USPS: 0 (4) Paid Distribution by Other Classes of Mail Through the USPS: 0 c. Total Paid Distribution: 105,499 d. Free or Nominal Rate Distribution
(1) Free or Nominal Rate OutsideCounty Copies included on PS Form 3541: 2,050 (2) Free or Nominal Rate In-County Copies Included on PS Form 3541: 0 (3) Free or Nominal Rate Copies Mailed at Other Classes Through the USPS: 31 (4) Free or Nominal Rate Distribution Outside the Mail: 93 e. Total Free or Nominal Rate Distribution: 2,174 f. Total Distribution: 107,673 g. Copies not Distributed: 742 h. Total: 108,415 i. Percent Paid: 97.98% No. Copies of Single Issue Published Nearest to Filing Date a. Total Number of Copies: 117,671 b. Paid Circulation (1) Mailed Outside-County Paid Subscriptions Stated on PS Form 3541: 115,037 (2) Mailed In-County Paid Subscriptions Stated on PS Form 3541: 0 (3) Paid Distribution Outside the Mails Including Sales Through Dealers and Carriers, Street Vendors, Counter Sales and Other Paid Distribution Outside USPS: 0 (4) Paid Distribution by Other Classes of Mail Through the USPS: 0
c. Total Paid Distribution: 115,037 d. Free or Nominal Rate Distribution (5) Free or Nominal Rate OutsideCounty Copies included on PS Form 3541: 2,044 (6) Free or Nominal Rate In-County Copies Included on PS Form 3541: 0 (7) Free or Nominal Rate Copies Mailed at Other Classes Through the USPS: 1 (8) Free or Nominal Rate Distribution Outside the Mail: 138 e. Total Free or Nominal Rate Distribution: 2,183 f. Total Distribution: 117,220 g. Copies not Distributed: 451 h. Total: 117,671 i. Percent Paid: 98.13% 16. Total circulation DOES NOT include electronic copies. 17. Publication of Statement of Ownership: Required. Will be printed in the Winter 2014 issue of this publication. 18. Signature and Date: Elaine Acker, Communications Director, October 1, 2014 I certify that all information furnished in this form is true and complete. I understand that anyone who furnishes false or misleading information on this form or who omits materials or information requested on the form may be subject to criminal sanctions (including fines and imprisonment) and/or civil sanctions (including civil penalties).
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to provide the same degree of guidance to the newer teachers he works with. For Dixon, too, working with his students is what sustains him most in his career. As he says, “Teaching provides an excellent opportunity to make the world a better place, one student at a time.”
Certainly, some attrition is to be expected in any profession. And teaching is inherently a tough career—there will always be people who are not fit for the challenge. Should we just accept turnover as an unavoidable part of the profession? To some extent, yes. But teacher attrition is 4 percent higher than in other professions. And turnover in teaching has a higher price than in most other fields—literally. Certifying and training more new teachers every year is an expensive endeavor. The State of Texas alone spends more than $100 million annually on recruiting and certifying new teachers.
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on campus. They’re not sitting ducks if a shooter comes in. We grew up with guns, and we’ve taught our kids to respect them. Kacey learned to shoot when she was just seven or eight years old out squirrel hunting with her dad. We’ve taught our kids how to use guns safely and I’m confident that the people who have been selected to carry guns on campus will know when and how to use them.” Kacey Maines and one of her best friends, Ashleigh Edge, have seen big changes in security during their years at Carthage ISD. The doors to every school are now locked, and visitors need credentials to enter. Drug dogs frequently walk the halls. It’s their new reality. “We have lockdown drills so we’ll know what to do if there’s an armed intruder,” says Kacey. “We lock the doors, we cover the windows so that no one can see in, and we sit in a corner with the lights out. When we do that, I like knowing someone has a gun on campus. It makes me feel safe.”
But students pay the highest price. Studies have shown that frequent teacher turnover has a direct effect on student success. If we want our students to succeed, we need to keep their teachers in the classroom. When asked what could be done to improve their working conditions, dissatisfied teachers offered a variety of suggestions— greater support from mentors, better communication with administrators, and a lighter load for teachers in their first few years. Teachers in all Texas schools face some version of the challenges identified in this article, but whether they can stay the course often depends on how great those challenges are and the amount and quality of support they have access to. The support measures shown to have the greatest influence on teacher attrition are a mentor from the same field, routine scheduled collaboration with other teachers, and regular opportunities for supportive communication with the principal. Richard Ingersoll’s research shows that schools that provide new teachers with comprehensive orientation and guidance including these elements can reduce attrition by half.
But what about Emily? After dreaming of being a teacher since she was a child, is one bad year really enough to drive her away?
JOIN THE CONVERSATION ON SOCIAL MEDIA! Get connected and stay up to date on ATPE members, education news, and special events. Our social media channels are a great place to share your opinions, post your photos, and keep in touch with your colleagues. It’s just another way ATPE is your ally and your voice.
Not entirely. She plans to leave her job but wants to continue her career in education. So, is she optimistic about the future of education in Texas? There is a long silence. “Yes. The students have plenty of potential.”
40 | atpe.org
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Questions You Might Have About ATPE Membership What does the Liability and Employment Rights Defense Insurance cover?
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Insurance coverage applies to your activities as a Professional or Associate member in the course of your duties of employment with an educational institution, or to your activities as a Teacher Trainee member in the course of your duties as a student in a teacher education program in an accredited college or university. Coverage is underwritten by National Union Fire Insurance Company of Pittsburgh, Pa. ALL COVERAGE IS SUBJECT TO THE EXPRESS TERMS OF THE MASTER INSURANCE POLICY ISSUED TO ATPE AND KEPT ON FILE AT THE STATE OFFICE. View a detailed summary at atpe.org. The policy applies only to activities that begin during the period when coverage is effective and does not apply to activities that predate the coverage period.
For paper applications, your membership date is established when your application is received in the state office, or when your application is received, signed and dated by a designated ATPE representative. For online applications, your membership date is established at 12:01 a.m. CST on the date following successful transmission of your online application and payment at atpe.org.
Are ATPE membership dues tax-deductible? ATPE membership dues are not deductible as charitable contributions for income tax purposes but may be deductible as miscellaneous itemized deductions, subject to IRS restrictions. Approximately 95 percent of your dues dollar is considered deductible; 4.6 percent is used for lobbying activities and is therefore not deductible.
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by Gary Godsey
for the record
THE
TRUTH ABOUT ATPE There are a lot of associations that occupy the education space in Texas. All say they represent the best interests of educators, and for people working in public education, it can be difficult to choose. Here is one of the characteristics that distinguishes ATPE from other organizations.
A
t ATPE, we pride ourselves on our professionalism. Professionalism is one of our tenets—it’s even part of our name. But not every education organization values professionalism. One of our competitors recently distributed a marketing piece that contained blatant lies about ATPE, hoping to convert some of our current members and to convince new educators that their organization is superior. We don’t condone this sort of activity and would never engage in such tactics. But neither will we stand by and let untrue things be said about us. We have taken legal action to inform our competitors that we are no longer going to let them spread lies about ATPE. We believe that public educators deserve to know the truth. I encourage you to research the facts for
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yourselves. It’s easy to find information about any nonprofit online, including us and our competitors. You can use www.guidestar.org, a free resource, to review all the education organizations’ federal tax returns (Form 990). Seeing how an organization spends their money can be very revealing. We truly believe that educators who take the time to compare us side-by-side with any of our competitors will choose ATPE. We offer the most value, the highest quality services, and the best products to our members.
Gary Godsey, ATPE Executive Director
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Association of Texas Professional Educators
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FOUR GREAT WAYS TO RECOUP THE COST OF YOUR ATPE MEMBERSHIP Make the most of your ATPE membership with these valuable benefits.
Register for a FREE webinar and get CPE credit. Did you know that ATPE produces new webinars almost every month? You can join us live, or you can replay the webinar on demand.
Save big with member discounts on travel, insurance, and real estate. You can easily save $1,300 or more when you cash in on discount theme park and zoo admissions, save up to 35% on trips to Orlando, or earn cash back when you buy, sell, or refinance a home.
LOG IN AT ATPE.ORG!
Find your next job. ATPE members enjoy invitation-only meetings and happy hour events where you can learn about other campuses and positions. You can also visit our website and explore the job search links.
Get cash back when you shop online. ATPE partners with Azigo, an online shopping mall that pays you cash back for shopping at your favorite stores such as Kohl’s, Target, Nordstrom, Zappos, 1-800 Flowers, and Sephora.