What you need to know before the 2017 legislative session PAGE 18
YOUR VOICE Help your students get comfortable in the classroom PAGE 22
ONCE UPON a TIME
WINTER 2016 | ATPE.ORG
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ATPE News
DIRECTOR'S MESSAGE
The official publication of the Association of Texas Professional Educators
State Officers Julleen Bottoms. . . . . . . President, Corsicana (12) Carl Garner. . . . . . Vice President, Mesquite (10) Byron Hildebrand. . . . Secretary, San Antonio (20) Tonja Gray. . . . . . . . . . . . . . Treasurer, Abilene (14) Cory Colby . . . . . . . . . . . Past President, Willis (6)
Board of Directors Michael Sweet. . . . . . . Pharr-San Juan-Alamo (1) Cesarea Germain. . . . . . . . . . . . Corpus Christi (2) Andy Erdelt. . . . . . . . . . . . . . . . . . . . . . . Palacios (3) Eli Rodriguez . . . . . . . . . . . Cypress-Fairbanks (4) Suellen Ener. . . . . . . . . . . . . . . . . . . . Beaumont (5) Charles Lindsey II . . . . . . . . . . . . . . . . Magnolia (6) Janie Leath. . . . . . . . . . . . . . . . . . Nacogdoches (7) Jimmy Lee. . . . . . . . . . . . . . . . . . . . . . . . . . . Paris (8) Dale Lovett. . . . . . . . . . . . . . . . . . . . . . . . . Olney (9) Meredith Malloy. . . . . . . . . . . . . . . . . . . Ferris (10) Karen Hames. . . . . . . . . . . . . . . . . . . Lewisville (11) Jason Forbis. . . . . . . . . . . . . . . . . . . . . Midway (12) Jayne Serna. . . . . . . . . . . . . . . . . . . . . . Leander (13) Desirie Ries. . . . . . . . . . . . . . . . . . . . . . Hawley (14) Darlene Kelly. . . . . . . . . . . . . . . . . . . Ballinger (15) Dawn Riley. . . . . . . . . . . . . . . . . . . . . Bushland (16) Brenda Bryan. . . . . . . . . . . . . . . . . Hale Center (17) Bridget Loffler. . . . . . . . . . . . . . . . . . . . Odessa (18) Rudy Romero. . . . . . . . . . . . . . . . . . . . . . . Clint (19) Tina Briones. . . . . . . . . . . . . . . . . San Antonio (20)
ATPE Staff Gary G. Godsey. . . . . . . . . . . . . Executive Director Alan Bookman. . . . . . Deputy Executive Director Elaine Acker . . Mkting 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. . . . . . . . . . . . . . . . . . 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. 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 2016 in USA by the Association of Texas Professional Educators
A
TPE is still the biggest and most influential educators’ group in Texas, and we owe that to you. Thank you to everyone who has joined or renewed your membership, whether it’s your first year with ATPE or your 37th. And a special thank you goes to all our volunteers who helped make this year’s membership campaign a success! ATPE was built by and for its members, and we’re grateful to have you representing the best educators’ organization in the state. Even as our official membership campaign comes to a close (members can still join until Jan. 31, 2017!), we’re preparing for the 85th Texas Legislature, which begins in January. A lot is at stake for educators. Healthcare, school finance, vouchers, testing, and payroll deduction are some of the big issues we’ll be tackling at the Capitol this session. See Governmental Relations Director Jennifer Canaday’s article on pages 18-20 for a look at the legislative concerns facing educators as well as ATPE’s stance. Our staff is ready to get to work fighting for the causes that matter most to you! Your voice matters, too. For this legislative session, we’re proud to unveil our new legislative action tool, Advocacy Central, which will host all the information you need to have a successful session. You’ll be able to track bills related to our legislative priorities and easily communicate with your legislators. You can even use it to register for ATPE at the Capitol (formerly known as Lobby Day) and manage appointments with your legislator! Join us this session as we continue to demand the best for Texas public schools and students. We’re proud to be fighting alongside Texas educators.
Gary G. Godsey ATPE Executive Director
ISSN © ATPE 2013 0279-6260 USPS 578-050 305 E. Huntland Dr., Ste. 300 Austin, TX 78752-3792 (800) 777-ATPE (2873) atpe.org | atpe@atpe.org ATPE NEWS 3
Contents ATPE NEWS | Winter 2016, Volume 37, Number 2
18
24
18
Education Issues for the 85th Legislature: Priorities and Pitfalls Governmental Relations Director Jennifer Canaday addresses ATPE’s public education priorities for the upcoming legislative session. 4 ATPE NEWS
22
Getting Comfortable in the Classroom Learn how some ATPE members have made flexible seating work in their classroom.
24
On the Cover
Once Upon a Time: How an Iguana Named Iggy Changed Literacy in Houston Children’s book author Melissa Williams helps students become published authors.
Cover and literacy photos: John Kilpper; Flexible seating photos: Valerie Satterwhite, Sarah Williams; © Texas Capitol Dome Interior/Istock/Thinkstock
FEATURES
EVERYTHING ELSE 6 Calendar 8 Regional Roundup 10 Education Inspiration
Brain break and transition activities
12 Spotlight
Lubbock ISD’s director of sports medicine talks to ATPE about preventing student injuries.
14 Texans on Education
Are face-to-face communication and etiquette old fashioned?
15 PAC Honor Roll 16 Your Ally
Recent disciplinary rule changes may affect your job.
17 Your Voice
Lobbyist Kate Kuhlmann addresses rising standards for educator preparation.
28 Members Speak
SPECIAL SECTION
Turning Passion into Action: Five steps for making a difference in Texas education
30 Family Album 35 Your Protection Benefits
32 ATPE News
We’re proud of the protection we offer, and we think you deserve to know exactly what you’re getting for your membership.
43 Brain Break
Call for ATPE leaders • SXSWedu • ATPE award deadlines • Advocacy Central
22 ATPE NEWS 5
December | 19-30
CALENDAR
State office closed for winter break
January 10
85th Texas Legislature convenes
16
State office closed for Martin Luther King Jr. Day
31
Last day to join ATPE as a professional, first-time professional, or associate member; last day to join ATPE via payroll deduction
31-3 State Board of Education meeting
Utilizing payroll deduction is an easy way to make sure your association dues are paid annually. Call the state office at (800) 777-ATPE with any questions about your membership.
February 1
ATPE-PAC Awareness Month
27-3
NOMINATION DEADLINE: ATPE Educator of the Year Awards
Texas Public Schools Week
March 3
ENTRY DEADLINES: Local Unit of the Year and Doug Rogers Campus Representative of the Year awards
6 ATPE NEWS
3-4
ATPE Board of Directors meeting
5-6
ATPE at the Capitol Political involvement training and face-to-face meetings with legislators
6-9
SXSWedu Conference and Festival
15
DEADLINE: State officer nominations and proposed bylaws amendments and resolutions due to state office
© Texas Capitol and Ranger Statue/Texas flag on blackboard/Istock/Thinkstock
Do you know a superstar educator? Nominate them for an ATPE award! Find out more at atpe.org/About-ATPE/ Awards-Grants/Get-Recognized.
SAVE THE DATE 2017 ATPE SUMMIT Austin Convention Center July 10–12, 2017
ATPE Summit is keeping it weird. One. More. Time. Save the date for the 2017 ATPE Summit. After that, we’ll take this show on the road!
July 10
Let your hair down, dance the night away, and roll the dice!
July 11
Educate, motivate, connect, and inspire
July 12
Let your voice be heard!
REGIONAL ROUNDUP
Kansas
T
here are more than a thousand school districts in Texas and each one has success stories. Regional Roundup highlights some of the achievements happening in our public schools. When something special happens in your school district, let us know! Send news to comm@atpe.org.
2 DALHART
Oklahoma
1 FABENS
6
3 KERRVILLE
4 SEGUIN
5
CLEVELAND
ROSENBERG
Gulf of Mexic
8
From Across the State teen is committed 1 Ftoabens community service
Rodrigo Estrada, senior class president at Fabens High School, is a force for change both in and out of the classroom. From spearheading the Civic Engagement Initiative that grants students a platform to raise their concerns to elected leaders to legally representing juveniles in court as a student lawyer, Rodrigo exemplifies his community’s values through his service. fabensisd.net
Arkansas
students recognized 2 Dforalhart exemplary behavior
Students at Dalhart Intermediate School are demonstrating positive character traits like respect, honesty, and fairness as part of a campus CHARACTER COUNTS!© program. Every six weeks, the school encourages the students to focus on and demonstrate a new positive trait. The students who best exemplify that period’s trait are invited to breakfast with the principal. The students’ photographs are also framed and displayed. facebook.com/DalhartIntermediateSchool
Louisiana 1. Ruben Carrillo; 2. Dalhart ISD; 3. Kerrville ISD; 4. Seguin ISD; 5. Lamar CISD; 6. Tarkington ISD
co
HEADLI N ES
eguin students 4 Scelebrate unity
Briesemeister Middle School faculty, staff, and students celebrated Unity Day on Oct. 19. They wore orange to represent that they are collectively against bullying and united for kindness and inclusion. All 789 students in sixth through eighth grades participated in lessons and activities that not only discussed bullying prevention but also asked students to create opportunities for kindness and acceptance. seguin.k12.tx.us
Rotary club donates 5 dictionaries
Every third-grade student in Lamar CISD will have his or her own dictionary, thanks to the Rotary Club of Rosenberg. The Rotarians have been making the annual donation to Lamar CISD elementary schools for more than 10 years. Ginger Johnson, past president of the club, says the group has received many thank-you notes saying the dictionary helps not only students but their family members as well. lcisd.org
students volunteer 3 Katerrville food bank
Tarkington volleyball coach 6 reaches 600 wins
Hal Peterson Middle School’s National Junior Honor Society (NJHS) members volunteered their time throughout October at St. Vincent de Paul food bank. The students helped fulfill orders for families and restocked the pantry shelves. They also worked with the thrift shop, sorting and pricing clothes. Peterson’s 46 NJHS members are continuing their efforts in their school by leading a food drive. facebook.com/KerrvilleISD
Tarkington High School’s Denise Johnson has achieved a milestone that only about 30 coaches in the history of Texas high school volleyball have reached. The head volleyball coach has 600 wins under her belt. Johnson started the Ladyhorn volleyball program in Cleveland in 1986. The team clinched their 11th consecutive district championship this season. tarkingtonisd.net
ATPE NEWS 9
EDUCATION INSPIRATION
Brain Breaks Looking for classroom inspiration? You’ve come to the right place! In this department, we highlight fun and inspiring educational activities found on social media. Check out these cheap and easy brain break/transition ideas for your classroom.
Use this gross motor cube to get your students moving. Make it even more fun by including pictures of animals for them to imitate. bit.ly/29mHTQ7
2 Encourage students to take a creative expression break with this “think outside the box” activity. Start students off with a standard drawing, and let them create the rest of the scene. bit.ly/2d09p9l
FOR MORE CLASSROOM IDEAS, FOLLOW ATPE ON PINTEREST pinterest.com/atpe
4 Try these fun games that students can play with just a few lines of tape on the floor. bit.ly/1RzcsAJ
10 ATPE NEWS
3
Write several brain breaks on popsicle sticks and have a student pick an activity stick out of a cup when the class has earned a break. bit.ly/2aIfVAl
EDUCATION INSPIRATION
1 Photo courtesy of lifeovercs.com 2 Photo courtesy of thehappyteacher.co 3 Photo courtesy of handsonaswegrow.com 4 Photo courtesy of firstgradewow.blogspot.com
5
5 Photo courtesy of nevershushed.com 6 Photo courtesy of teachingace.com 7 Photo courtesy of larremoreteachertips.blogspot.com 8 Photo courtesy of theinspiredtreehouse.com
Make your own toy construction set for students to experiment with during breaks. bit.ly/2cDspHi
Turn your brain breaks into a game of Bingo for the whole class with these fun cards. bit.ly/Whafmf
8
DO YOU HAVE A CLASSROOM ACTIVITY TO SHARE? Send your photos to comm@atpe.org and you could be featured in Education Inspiration.
6 Try these techniques for incorporating a few simple yoga poses into your class routine. bit.ly/2cmEVtW
Build time into your schedule for students to “turn and talk” in pairs or groups. bit.ly/2dhBvuu
7 ATPE NEWS 11
SPOTLIGHT
Ronnie Kirk was involved in the design of the new PlainsCapital Park athletic facility, where extra padding was installed underneath the turf to help prevent student injuries. 12 ATPE NEWS
SPOTLIGHT
Playing Offense Against Injury
Ronnie Kirk has been a member of ATPE for 32 years.
Ronnie Kirk is passionate about the prevention and care of student athletic injuries.
F
INTERVIEW AND PHOTO BY JEAN SCHLITZKUS
or more than 30 years, Ronnie Kirk has been involved in school athletics in his hometown, Lubbock, Texas. He was an athletic trainer at Coronado High School for 17 years. Currently, he oversees the care and prevention of athletic injuries for Lubbock ISD. Last season, Kirk worked at 72 football games and responded to countless health-related issues. But Kirk says his job involves much more than responding to on-the-field injuries. He takes pride in developing and implementing proactive solutions to help keep student athletes healthy.
What are the responsibilities of an athletic trainer?
The number one priority is the health and safety of kids. At Lubbock ISD, we are very fortunate to have licensed athletic trainers to provide comprehensive healthcare for the athletes. Athletic trainers are medical professionals who specialize in the prevention, assessment, treatment, and rehabilitation of athletic injuries and illnesses. We also serve as a liaison between the medical community and the coaching staff to ensure that student athletes are being cared for with the utmost professionalism.
What sort of injuries do you deal with? We deal with a wide variety of injuries
from sprains and strains, bumps and bruises, to catastrophic situations. With contact sports, increased competitiveness, and Title IX, there’s just more people involved in athletics, which increases the chance of injury.
How do you begin to address a student injury?
Just imagine how catastrophic it would be if it was your senior year, you’re finally going to start on the team, you injure your knee, and the doctor says you’re going to have to have surgery. It’s devastating. Our athletic trainers try to take care of physical therapy in house. But we have to deal with an entire spectrum of issues, not just the injury. We’ve got
I haven’t needed legal help, but I know it’s always there for me. As an athletic trainer, you are out on a limb, taking care of injuries. I’ve always known ATPE will back me up. I’ve never looked at any other association.
to be psychologists and help both the student and the parents. I’ve got to be there for those kids, and they can be in a lot of pain—hurting mentally, physically, and socially.
How has the reaction to student injuries changed over time?
We have state and UIL guidelines that must be followed, including “Return to Play” concussion guidelines. We are now beginning to think of concussions a bit differently. Concussions are brain injuries that affect thought process and mental capacity. Across the state, we are starting to look at the process as a “Return to Learn.” One of the big things continued on page 40
ATPE NEWS 13
TEXANS ON EDUCATION
Are Communication and Etiquette Old Fashioned?
C TIM GREENWELL Principal of Lewisville ISD’s Liberty Elementary School and Texas PTA Board Member
14 ATPE NEWS
ommunication between people is a We all know better. Our parents taught us well dying, or maybe just severely injured, and our teachers demanded respect. So what has art form. Our world is filled with tech- happened? Where did we go wrong as individuals nological devices that allow us to “chat” with one or as a society? Do we have the time, the need, or another without ever hearing the sound of a live the willingness to improve our communication voice, circumventing the longest standing style strategies? of communication—talking and listening. None Family and school are still two of the best of us are immune to this, but there are ways to resources for modeling and practicing effective, combat poor communirespectful communicacation if we are willing to tion. Kids can learn from make the effort. adults, with parents/ Educators are often guardians taking the asked to teach both lead and educators folcurriculum and charlowing suit. Add to the FAMILY AND SCHOOL acter education. Many mix coaches, mentors, teachers have no probreligious leaders, youth ARE STILL TWO OF lem doing this as they volunteers, and employTHE BEST RESOURCES are well versed in their ers, and there are a lot FOR MODELING subject matter, grew up of potential role models AND PRACTICING in a time when you had for students. to talk to communicate, Schools can do their EFFECTIVE, RESPECTFUL had quality role models, part to help students COMMUNICATION. and are willing to take develop communication on the responsibility of skills by both providing assisting their students character education and in becoming well-rounded, educated members of setting parameters for electronic device usage society. But despite their skills in the classroom, during the school day. Personal interactions becommunicating with other adults can sometimes tween school community members, students and cause educators to have anxiety. staff, and staff and families, should occur throughWhy is it so difficult to visit with another person out the day. A strong and consistent dialogue beface to face? It is amazing how many people are tween parents and educators benefits students unable or unwilling to communicate directly with by keeping everyone in the loop and helping both one another. A lot of energy is devoted to rumor sides avoid surprises. Respect should be encourand hearsay—almost always leading to some form aged and expected. of miscommunication that promulgates hurt feelSo, parents and educators, it is up to you. It is ings, a sense of being left out, and mistrust. important to initiate conversations that require When actual verbal communication does take talking and listening, to model examples of applace, respect and courtesy are often absent. Is propriate interactions, and to utilize electronic respect old fashioned? Are we too short on time devices to convey your message in a respectful and patience to remember to be courteous? Has and meaningful way. Do what it takes to engage our use of electronic devices made that determi- in respectful communications. You will be glad nation for us? you did.
ATPE-PAC HONOR ROLL
THANK YOU FOR YOUR DONATION!
The following ATPE members invested $50 or more in ATPE’s Political Action Committee (ATPE-PAC) from July 1, 2016, through Sept. 30, 2016.
Abilene Tonja Gray Alvin Kristopher Clancy Amarillo Yolanda Capetillo Shane Whitten Andrews Tina Hardarson Arlington Stephanie Hudson Carole Lemonds Austin Elizabeth Abrahams Axtell Janice Hornsby Bandera Jettie Whitlock Beaumont Suellen Ener Big Spring Russell Mullins Birdville Bill Monty
Boerne Margie Hastings Teri Nail Richard Wiggins Jeri Willis
Dallas Floyd Trimble
Hawley Desirie Ries
Lubbock Ranelle Baldwin
Dickinson Lisa Cook
Mansfield Jim Vaszauskas
Bryan Sallie McGehee
Edinburg Benjamin Lozano
Irving Althea Jones Connie Kilday Miranda Madden Kristi Woodhouse
Calallen Robert Caro Calhoun County Lori Torres Columbus Charlotte Tilotta Comal Chris Douglas Katie Ewen Alison LiVecchi Corpus Christi Cesarea Germain Corsicana Julleen Bottoms Crowley Steve Pokluda Cypress-Fairbanks Stephanie Bailey Eli Rodriguez
Ennis Dora Cervantes Merry Creager Nathan Moye Falls City Phyllis Jarzombek Galena Park Imelda Hernandez Galveston Paula Franklin Garland Jackie Davis Jed Reed Seidy Trent Hale Center Brenda Bryan Harlandale Lee Amende Janet McDaniel Robert Moyer Nancy Tom
Jacksboro Kristi Daws Jean Henderson Keller Jacquline Price Killeen Alice Page Eileen Walcik Melissa Walcik Ron Walcik Sharon Woody
McAllen Twila Figueroa Dwight Smith Maria Trevino
Northside (20) David de la Garza Madonna Felan Patti Garcia Lisa Gray Yvette Milner Bobbye Patton Odessa Bridget Loffler
McGregor Lisa Hudson
Olney Dale Lovett
Mesquite Michele Garner Debbie Massey Vickie Rabb-Wiggins
Pflugerville Gregory Vidal
Midway (12) Jason Forbis
Rio Hondo Elizabeth Moncivaiz
Plano Lindsay Beattie
Krum Betty Ann Plunkett
Millsap Deann Lee
Lancaster ISD Becky LeBreton
Nacogdoches Janie Leath Katherine Whitbeck
San Antonio Skip Hildebrand
North Lamar Alison Hayter
Tuloso-Midway Dora Cerda
Leander Jayne Serna Lewisville Karen Hames Samantha Montano
Robinson Mary Betke
Waco Jane Sykes Waxahachie Nora Crist Kim Kriegel Wichita Falls Belinda Wolf Willis Gidget Belinoski-Bailey Donna Hoke Woden Malinda Holzapfel Teresa Millard Retired Members Deryl Elms Sandy Riddles Pearl Valutsky ATPE Staff Elaine Acker Alan Bookman Ginger Franks
Tyler Betty Berndt Eddie Hill
Invest in the ATPE Political Action Committee today!
It’s easy to set up recurring monthly or quarterly donations online at atpe.org/pac-donate.
ATPE NEWS 15
YOUR ALLY
What You Don't Know Can Hurt You Recent Changes in Disciplinary Rules Can Put Educators’ Jobs in Jeopardy
PAUL TAPP ATPE Managing Attorney
16 ATPE NEWS
Unfortunately, teachers have been showing up in the news in record numbers for the wrong reasons. As public attention on teacher conduct increases, the State Board for Educator Certification (SBEC) is responding by tightening rules relating to disciplining certified educators for misconduct. These changes apply to both how educators perform their professional duties and educators’ personal lives. Since many educators are likely unaware of these changes, we wanted to describe them.
permanent revocation of the educator’s certificate under the SBEC rules.
Mandatory Sanctions for Drugs and Alcohol
In a recent controversial move, SBEC approved new rules that require a minimum one-year suspension of a teacher who is “subject to sanction” because the educator “tested positive for drugs or alcohol while on school campus, was under the influence of drugs or alcohol on school campus, or was in possession of drugs or alcohol on school campus.” Although it’s not immeTHE STATE BOARD FOR Student-Teacher diately obvious, the word Communications EDUCATOR CERTIFICATION “illegal” is missing from All educators know that the new rule. When the HAS TIGHTENED RULES an inappropriate relarule was proposed, ATPE tionship with a student RELATING TO DISCIPLINING raised concerns, pointCERTIFIED EDUCATORS can lead to a loss of job ing out that educators and career and, in many may be under the influFOR MISCONDUCT. cases, criminal proseence or in possession of cution. SBEC has long legally prescribed drugs. believed that inapproIn response, Texas priate communication Education Agency staff is the precursor to an inappropriate relationship. stated that an educator in possession of, under In an effort to stop inappropriate relationships the influence of, or testing positive for legally prebefore they start, SBEC has heightened both the scribed drugs would not be considered “subject to scrutiny and the consequences of communica- sanction.” However, they stopped short of clarifytion deemed inappropriate, even where there is ing the rule by adding the term “illegal.” no physical relationship. “Inappropriate communication with a student” has been added to the list Mandatory Sanctions for Criminal of Priority 1 allegations that require an immediate Convictions or Admissions flag on an educator’s virtual certificate. Districts Finally, SBEC recently adopted rules estabare also now required to report an educator who lishing minimum certification sanctions in cases has resigned or been terminated if there is any ev- where an educator has pled guilty or accepted a deidence that the educator (a) “engaged in a roman- ferred adjudication or some other type of pretrial tic relationship,” which may involve only com- resolution of a criminal charge beyond a simple munication, or (b) “solicited” sexual contact with dismissal of the charge, even where the charges a student, which again may involve nothing but are ultimately dismissed or where prosecution communication. Educators must recognize that does not relate to the educator’s job or profession. even “soliciting a romantic relationship,” which The rules are too complex to detail here, but it is could mean only flirting, requires mandatory continued on page 40
YOUR VOICE
Strengthening Preparation and Support for Texas Teacher Candidates
F KATE KUHLMANN ATPE Lobbyist
or the better part of 2016, the State Board a sampling of why ATPE focuses on ensuring all for Educator Certification (SBEC) dedicat- Texas teacher candidates receive the high-quality ed a good portion of its bimonthly meetings preparation and support they deserve. to discussing, reviewing, and revising a number The new rules do not raise expectations as much of rules involving educator preparation in Texas. as we’d hoped, but they do set a foundation and The lengthy process concluded in October, and represent a positive step. The changes include: the result was a fresh set of rules covering teach• a two-tiered system of probationary certificaer preparation, educator preparation program tion for alternative certification candidates, (EPP) requirements, teacher candidate pathways which better identifies a candidate’s level of to full certification, and more. training and requires supplementary support The board’s work to rewrite the rules was done for less prepared candidates; with a focus on raising standards and increasing • revised measures of accountability for EPPs, outcomes for students in the classroom. ATPE resuch as a newly established new teacher survey; tains a similar focus, recognizing that we do a dis• a more appropriate definition of “late hire” service to our teachers candidates, who are put and our students when in the classroom as the inadequately prepared teacher-of-record with educators are placed in significantly less coursethe classroom and exwork and training; and pected to achieve excel• an increase in the ATPE FOCUSES ON lence. Legislators and number of courseother state and national work hours a candiENSURING ALL TEXAS policymakers have spent date must receive priTEACHER CANDIDATES significant money and or to an internship or RECEIVE THE HIGHtime attempting to find clinical teaching. QUALITY PREPARATION ways to identify low-perSBEC’s new rules now forming teachers and go to the State Board AND SUPPORT THEY remove them from the of Education (SBOE), DESERVE. classroom, but ATPE has which can affirm the maintained that a better proposals or send them goal is to ensure that all back to SBEC for further teachers are entering the classroom adequately review. Regardless of the SBOE’s actions, another prepared and with great potential. piece of education policy has the potential to inResearch continues to show that access to an terfere with SBEC’s work: Districts of Innovation effective educator is the most important school- (DOI). DOI was created by the Texas legislature based factor affecting a student’s academic success, last session and it allows certain districts to opt and that we can better prepare Texas teachers and out of the majority of the Texas Education Code, create a higher achieving student body by raising including provisions requiring quality teacher standards for educator preparation. Meanwhile, preparation and certification. ATPE will continstudies also show that candidates seeking certifi- ue to advocate for high-quality educator training cation through the state’s most popular pathway, and will encourage the upcoming legislature to alternative certification (or a post-baccalaureate join SBEC in its quest toward raised standards path that can currently involve as little as two as they consider the potential negative effects weeks of training), are leaving the classroom at of the broad exemption opportunities created a faster rate than their peers. These findings are under DOI. ATPE NEWS 17
Education Issues for the 85th Legislature
PRIORITIES AND PITFALLS
With the start of the 2017 legislative session right around the corner, ATPE is preparing to address several public education priorities. BY JENNIFER CANADAY, ATPE GOVERNMENTAL RELATIONS DIRECTOR
Alleviating the Pressure of Student Testing
F
rom test administration glitches to timing bathroom breaks, concerns about STAAR were a perennial news story during the last school year. The 85th Legislature will consider interim recommendations from the Texas Commission on Next Generation Assessments and Accountability, while also discussing whether to continue an ATPE-supported bill that helped some students graduate high school despite failing a mandatory STAAR test. At the same time, teachers who will be evaluated under the new T-TESS rubric this year remain concerned about what role student test scores might play in their appraisals. All of this points to student testing as a high-priority issue for the 2017 session. ATPE supports reducing the time and emphasis placed on high-stakes testing. We oppose the use of state standardized test scores as the primary measure of student achievement, educator effectiveness, or school performance. Texas’s use of test scores as the basis for “grading” our schools, compensating and making career decisions about educators, and concluding which opportunities should be afforded to students is disheartening an already test-weary population of students, parents, and teachers.
18 ATPE NEWS
Saving Payroll Deduction
S Improving School Finance
E
arlier this year, the Texas Supreme Court ruled our school finance system constitutional, but encouraged lawmakers to fix what it deemed an “undeniably imperfect” system. “Texas’s more than five million school children deserve better,” wrote Supreme Court Justice Don Willett in the opinion, and we wholeheartedly agree. For years, the system has received only short-term tweaks to meet minimal constitutional standards and to address complaints from school boards struggling under the state’s complicated “recapture” system for equalizing funding. Those measures have created a patchwork of “hold harmless” provisions that merely exacerbate the inequity of school funding in the long run. With climbing enrollment and recent reports about the impact of poverty on our state’s education system, it’s time for real change through the adoption of suitable funding levels overall and better weights that will prioritize resources for our most pressing needs.
ome lawmakers are again looking to prohibit educators and other public employees from paying their voluntary association dues through payroll deduction. A similar politically charged bill was stopped in 2015. ATPE will fight to save our members’ rights to take advantage of this convenient payment method that produces no cost for state taxpayers or school districts. ATPE opposes politically motivated efforts to take away school employees’ right to use payroll deduction for safe, reliable, and convenient payment of association dues. Texas is a right-towork state in which employees are free to choose whether to join a professional association at their own cost. Attempts to prohibit payroll deduction serve only to hurt professional associations and public servants who choose to join them.
ATPE supports legislation to dramatically improve the state’s school finance system. Every child deserves access to an exemplary public education rather than one that meets only minimum standards. We urge lawmakers to provide the resources necessary for Texas to fulfill the economic and moral imperative to help all students reach their full potential.
Funding Educators' Healthcare
T
exas educators benefit from one of the healthiest pension funds in the country, but they are being squeezed by the rising costs of their own healthcare and state funding that hasn’t kept up. Lawmakers have not raised the state’s $75 per employee contribution for health insurance since the inception of the program in 2001. ATPE supports measures to provide educators with more affordable healthcare benefits through the Teacher Retirement System (TRS). We urge the legislature to address the rising cost to TRS members for benefits that have lagged behind those offered to educators in other states and those employed in other professions. ATPE believes the state should provide sufficient funding to meet the healthcare needs of active and retired educators while preserving the solvency and defined benefit structure of TRS. ATPE NEWS 19
Opposing Vouchers and other Privatization Plans
L
t. Gov. Dan Patrick (R) is once again leading a charge in the Texas Senate to push private school vouchers, claiming students have a “civil right” to attend a private school of their choice at taxpayers’ expense. While ATPE supports parents’ right to choose their children’s educational setting, we will continue to fight against sending public funds to schools that are not held accountable for how they spend the money and not required to comply with state and federal laws that protect students. ATPE will also oppose legislation that takes state dollars away from our public schools and places the money instead into an Education Savings Account (ESA), which essentially lets parents use a state-funded debit card for any expense they feel is warranted for their child’s education, including home and private school costs. The best way for Texas to adequately and equitably fund the education needs of our children is by focusing on neighborhood public schools—not by paying for a parallel system of unregulated private schools. ATPE opposes the privatization of public schools. We urge the legislature to reject any voucher, scholarship, tax credit, education savings account, or similar program that directs funding away from the public schools and toward unaccountable, often inferior educational settings. We also oppose using public tax dollars to pay private entities to operate Texas public schools and take over the authority vested in locally elected school boards.
Fostering Educator Quality
T
he educator pipeline remains a high priority, and ATPE will continue to advocate for laws that will help us build and support an esteemed workforce and provide fulfilling career options for those who choose to enter the vital teaching profession. ATPE supports improving educator quality through selective recruitment and rigorous training of future educators combined with supporting and rewarding teachers in order to maximize retention. We recommend raising the standards for educator preparation and certification; state-funded mentoring for all new teachers; increasing teacher compensation while preserving the integrity of the state’s minimum salary schedule; and evaluating teachers in a manner that is fair, transparent, statistically valid, and meaningful.
Limiting and Monitoring Regulatory Exemptions
I
n 2015, legislators gave late approval to a law that permits acceptably rated school districts to exempt themselves from various state regulations through a District of Innovation (DOI) declaration. Dozens of districts have undertaken the process to become a DOI and started claiming exemptions from state laws covering the school start date, teacher certification requirements, class-size limits, and a host of other standards. Commissioner of Education Mike Morath recently finalized rules to implement the DOI law, which gave the commissioner extremely limited oversight. ATPE and some lawmakers have expressed concerns about the breadth of the DOI law and the possibility it will result in declining educational outcomes and an erosion of parents’ and educators’ rights. ATPE supports limiting, repealing, or adding safeguards to regulatory exemptions that have been granted to some public schools. We urge lawmakers to consider potential negative effects of broad DOI exemptions and take proactive measures to prevent a decline in classroom quality if districts exempt themselves from research-based statutes that were continued on page 40
Visit atpe.org/advocacy-central to stay informed throughout the legislative session. ATPE is fighting for your rights, and Advocacy Central is the place to keep a close eye on hot-button issues.
20 ATPE NEWS
Save the date!
MARCH
5–6, 2017
ATPE at the
CAPITOL
ATPE’s popular lobby day and political involvement training event has a new name for 2017! Mark your calendars for ATPE at the Capitol. On Sunday, March 5, learn about the top education issues being debated during the legislative session and receive training on how to become an effective spokesperson for your profession. Then hit the State Capitol on Monday, March 6, to put your training into action and advocate for ATPE’s legislative priorities.
RENAISSANCE AUSTIN HOTEL & THE TEXAS STATE CAPITOL ATPE.ORG/ADVOCACY-CENTRAL
Comfortable GE T T I N G
IN THE
M
Classroom
any of today’s classrooms look more like your favorite coffee shop than a traditional classroom. Flexible seating, a student-centered classroom model that provides a variety of seating choices, is the newest trend in classroom design. Popular arrangements include a variety of configurations of desks, tables, comfortable chairs, sofas, and pillows or rugs. Research has shown that providing students with different seating options helps them feel more empowered in the classroom and increases academic performance. But
22 ATPE NEWS
making the switch can be daunting. We reached out to ATPE members who have successfully implemented flexible seating in their classrooms to get their tips on how to make student-centered seating work in any classroom. For more flexible seating advice and ideas, see ATPE’s blog post on flexible seating at atpe.org/flexible-seating and our Flexible Seating Pinterest board at pinterest.com/atpe/ flexible-seating.
TIP #1 Have a plan for your classroom. Know how you will decide who gets to sit where, if and how you will rotate the students, and how you will make transitions. After I taught the routines and procedures for each area, students became independent and successful in transitions and worked much more effectively. — Katie Rendon, special education resource/inclusion teacher, Beaumont
TIP #2 There are tons of resources available through other educators on Twitter. I follow the hashtags #desklesstribe and #starbucksmyroom. There are teachers all over the country willing to jump in and answer questions anytime you have one. —Sarah Williams, first-grade teacher, Waxahachie
TIP #3 We play a round of “Goldilocks” for the week as kids test out chairs. At the end of the week, they give me their top three seats and the one seat they hate. I need a seating chart, so this allows me to give them choice while providing me a little structure. We change seats every grading period. —Brittany Templeton, seventh-grade math teacher, Kingwood
Photos courtesy of: Nicole Clark; Katie Rendon; Valerie Satterwhite; Brittany Templeton; Sarah Williams
TIP #4 One challenge was what to do with all of their stuff, specifically pencils. I found an idea on Pinterest where someone taped large straws to the desks as pencil holders. This has worked wonders in my class! There is always a pencil at each spot. They keep their "tool box" of supplies in their book box along with a couple of books to read. They can leave it on the shelf and go get things as they need it, or carry their book box with them to their spot. We have baskets for each subject's journals and students help pass them out. —Jennifer Jones, third-grade teacher, Leander
TIP #5 The first question everyone asked was how my students would take assessments (I have no desks). My students use what they have learned about how they work best to choose their optimal work space for assessment. We just took our first district common assessment, and it was amazing! Students were comfortable, they were easily able to keep their answers private, and I was proud of their results. —Nicole Clark, fourth-grade ELA and social studies teacher, Willis
NEED HELP FUNDING YOUR CLASSROOM MAKEOVER? ATPE has joined forces with DonorsChoose.org to help our members get the tools they need for their classrooms. Through this special partnership, ATPE will match 50 percent of members’ projects (total cannot exceed $1,000, including fees) once the first half of the funds have been donated. To take advantage of this member benefit, you must identify yourself as an ATPE member in your project title or description. See atpe.org/DonorsChoose for details. ATPE NEWS 23
24 ATPE NEWS
Once Upon A Time HOW AN IGUANA NAMED IGGY CHANGED LITERACY IN HOUSTON
Photo by John Kilpper
by Elaine Acker
As an eight-year-old, writer Melissa Williams was fascinated by iguanas. Her pet iguana, named Iggy, became her creative inspiration as she wrote a series of children’s books, and has become one of Houston’s strongest voices for literacy. Through iWRITE, her literacy nonprofit, she has now partnered with the Barbara Bush Houston Literacy Foundation to publish and celebrate students’ short stories, poems, and illustrations, and to create resources for teachers in the classroom.
ATPE NEWS 25
STUDENTS BECOME PUBLISHED AUTHORS
Williams has now visited more than Demacio Johnson was just 13 years old when children’s 200 schools and spoken to more than book author Melissa Williams first visited his classroom 100,000 students. Her experience as and encouraged students to take their dreams seriously. a writer and counselor created a solid “I could see the gleam in his eye,” said Williams. “He was foundation for the iWRITE Literacy determined to become a published author.” Organization, but it was an iguana Behind that gleam, however, were more challenges than named Iggy that fueled her imaginaany one child deserves. Growing up, Demacio spent time tion. “I loved reptiles as a kid, especialin a foster facility where an educator told the children, ly my very own Iggy, and I loved writ“Eighty-five percent of you will end ing,” Williams tells up in jail or on the street.” Demacio the students. “I was said, “Not me. I’m not going to live in LITERACY ISN’T JUST also obsessed with poverty. I’m going to make a differABOUT READING AND Disney characters, so ence with my life.” His commitment WRITING. IT’S ABOUT I turned Iggy into a paid off. He entered and won (in blind QUALITY OF LIFE. character and other judging by educators and librarians) critters became his the iWRITE publishing contest, his sidekicks.” The result artwork appeared on the anthology cover, and he has been was the Iggy the Iguana series. When helping illustrate a book written for orphaned children in kids started asking if they could become published auMexico. He has also appeared with Williams on news pro- thors, too, Williams had an “ah ha” moment and launched grams highlighting that literacy isn’t just about reading the annual publishing contest. and writing. It’s about quality of life. “At iWRITE, we invite students in the third through twelfth grades from all over the US to submit short stories, poetry, and artwork to our annual publishing contest called I Write: Short Stories by Kids for Kids,” says The Groomed for Literacy initiative kicked off Williams. “Each year we select 65 winners to be published in September 2016 at Houston barber shops. in our anthology and attend our big annual book signing celebration in Houston.” Students can submit their entries from Jan. 1 through May 31 and have the opportunity to see their work professionally published and available at Houston bookstores and online retailers. Last year, there were 300 entries. While Williams focuses on school-aged children, Dr. Julie Baker Finck, president of the Barbara Bush Houston Literacy Foundation, has turned her attention to preschool-aged children. “We have far too many children entering kindergarten who are lacking reading readiness skills,” says Finck. The foundation points to data from the National Institute for Early Education Research at Rutgers’ Graduate School of Education. “The State of Preschool,” examines benchmarks in education for each state, and Texas has been found lacking. “We don’t have a high-quality childhood education system in Texas. When you look at the indicators for a quality education, Texas meets only two.” Finck views literacy as an essential investment in Texas’s future. “In Houston, one in five adults is functionally illiterate,” she says. “These adults oftentimes struggle to serve as a child’s first teacher, and the cycle of illiteracy continues, putting constraints on our education system. If Ms. Smith has 22 kids at different levels of readiness, it puts a constraint on that classroom. But 26 ATPE NEWS
Photos and graphics courtesy of Barbara Bush Houston Literacy Foundation
FOCUSING ON PRESCHOOL READINESS
HOUSTON CHILDREN LACK READING READINESS SKILLS WHEN ENTERING KINDERGARTEN.
Dr. Julie Baker Fink (right) plans to help volunteers place more than 60 Little Free Libraries at barber shops across Houston. if we invested in quality early childhood education and parent involvement early on, it would mitigate the issues we see when kids enter school.” According to Finck, economically disadvantaged children are especially at risk for losing quality early learning development time. These children are behind before they ever walk through the school’s doors. “We’ll reap the investment in the long run,” says Finck. The foundation published a study titled “Houston’s Literacy Crisis: A Blueprint for Community Action.” The study provides an indepth look at how the cycle of illiteracy impacts communities. What is clear is that dollars invested in early childhood education would mean that Texas taxpayers would spend less money addressing the consequences of low literacy rates, including poverty, crime, and the prison system. In September, the foundation partnered with the Houston Public Library in a project called Groomed for Literacy. “We need to meet parents where they are,” said Finck. “The families and children who need the library’s services the most often don’t have the time or means to get there. But they do go to the grocery store, or see their pastor or barber each week. We talked to barbers who wanted to be mentors and promote reading, and then we funded Little Free Libraries in the barber shop. Children can take a book home to read and bring one back.” More than 60 Little Free Libraries will be made available across Houston, and volunteers from the Friends of the Houston Public Library are working to keep them stocked.
HOUSTON YOUTH FAIL READING AND WRITING EXAMS REQUIRED FOR GRADUATION ON FIRST ADMINISTRATION.
HOUSTON CHILDREN DO NOT MEET MINIMUM STANDARDS AT GRADE 3.
LITERACY ON CAMPUS
In a similar effort, Houston ISD invested 8.5 million dollars in classroom-level libraries. Teachers are often better at understanding the child’s reading level and choosing appropriate books. Teachers can also work closely with parents to help continued on page 40
HOUSTON ADULTS ARE FUNCTIONALLY ILLITERATE.
ATPE NEWS 27
MEMBERS SPEAK
YOUR 3 PRIORITIZE ISSUES/CONCERNS.
Don’t try to fix everything at once. With information and assistance from our GR team, I testified twice before the SBOE. It felt great to stand up for what I believed in. After ATPE Lobby Day, I made an appointment to speak with my representative. She said she rarely heard from educators—about anything. I was sad and embarrassed that she might construe that inaction as a lack of interest. You and I know better!
Cathy Duvall (right) meets with a legislative staffer during ATPE Lobby Day in 2015.
Turning Passion into Action
Five Steps for Making a Difference in Texas Education BY CATHY DUVALL
I
don’ t consider myself a political animal, but as a teacher, I do have opinions about education. Once I started speaking up for my students, it really wasn’t that hard. Here are five simple steps to making an impact during this legislative session.
ATTENTION. 1 PAY I used to bemoan the current state of affairs without taking action. I didn’t even
have a clear understanding of who was responsible for what. It wasn’t until I started to pay attention to ATPE’s legislative information that I began to advocate for my career and my students. The Bible says, “Thou shalt not stand idly by.” Time to take action!
YOURSELF. 2 EDUCATE ATPE has an outstanding Governmental Relations (GR) team. They helped me un-
derstand the major players in Texas education: the State Board for Educator Certification (SBEC), the State Board of Education (SBOE), the Texas Education Agency (TEA), and the legislature. During ATPE Lobby Day (next year, known as ATPE at the Capitol), our GR team walked members through the issues and explained how to advocate. They provided everything we needed to be successful: transportation to the Capitol, maps of the building, and materials to leave with legislators we visited. I even had the honor of serving on several SBEC and TEA committees. That service gave me valuable insight into those entities’ challenges and opportunities.
Cathy Duvall recently retired after 40 years in education. She has been an ATPE member for 36 years. 28 ATPE NEWS
IN 4 ENGAGE CONVERSATIONS.
You don’t have to come to Austin to make a difference. Share your expertise as an educator with everyone who will listen, including your legislator. Tell your story of how funding, pending school board action, or legislation impacts Texas students. The more educated we are about a topic, the more sound our decision making can be.
TO 30 MINUTES, 5 COMMIT AN HOUR, OR MORE.
What can you do to further your cause? No action is too small. Write a Facebook post supporting public education. Send an email to elected officials about how legislation will impact your students and your school. Write a letter to your local newspaper supporting teachers’ efforts to meet the needs of all students. Talk with family and friends about the issues that concern you. As Dr. Seuss says in The Lorax, “Unless someone like you cares a whole awful lot, Nothing is going to get better. It’s not.” DO YOU HAVE A STORY TO SHARE?
Email comm@atpe.org with Members Speak submissions.
GCU SCHOLARSHIPS FOR ATPE MEMBERS
THE ASSOCIATION OF TEXAS PROFESSIONAL EDUCATORS AND GCU ARE WORKING TOGETHER FOR YOU! With over a 60-year history of providing quality teacher and administrator degree programs, GCU will teach you a thing or two, so you can do the same. • Advance your career. From bachelor’s to doctoral, choose from over 150 online programs across nine distinct colleges to specialize in the area that fits your career goals. • Learn at your convenience. Complete your coursework 100% online around your schedule. • Graduate sooner. Ask about our complimentary transcript evaluation to see how many of your prior credits will transfer, lowering your total cost. You could earn your degree in as little as 16 months.
ATPE members receive a scholarship of 10% off tuition to help you get started on earning your degree!
For more information, please visit gcu.edu/TXEducators or call 855-428-1772 The information printed in this material is accurate as of July 2016. For the most up-to-date information about admission requirements, tuition, scholarships and more, visit gcu.edu. For more information about our graduation rates, the median debt of students who completed the program and other important information, please visit our website at gcu.edu/disclosures. Please note, not all GCU programs are available in all states and in all learning modalities. Program availability is contingent on student enrollment. Grand Canyon University is regionally accredited by the Higher Learning Commission. (800-621-7440; http://hlcommission.org/) GCU, while reserving its lawful rights in light of its Christian mission, is committed to maintaining an academic environment that is free from unlawful discrimination. Further detail on GCU’s Non-Discrimination policies can be found at gcu.edu/titleIX. 16COEE0146
FAMILY ALBUM
OUR FAMILY ALBUM SHOWCASES ATPE MEMBERS WORKING, COLLABORATING, AND HAVING FUN ACROSS THE STATE. Are you or someone you know featured on these pages? If not, send us a photo for the next issue! You can send a high-quality photo to comm@atpe.org. Don’t forget to include the names of the people in the photo and tell us what event was taking place.
REGION 5
Mary Wajert, David Ochoa, and Ernest Stanford promote ATPE at Vidor ISD.
REGION 10
Greg Platt (far left) and Jackie Davis (far right) give away Office Depot gift cards to new Garland ISD employees at the district’s new teacher orientation.
REGION 14
Canyon ATPE local unit officers recruit new members at their new teacher orientation.
REGION 20
Northside ISD educators from Bob Lewis Elementary School learn about ATPE protection and benefits at the district’s orientation.
30 ATPE NEWS
REGION 20
Student educators from Our Lady of the Lake University from left to right: Ashley Camacho, Linda Jacobo, and Jessika Arredondo.
FAMILY ALBUM
REGION 4 Lewis Cruz, Eden Renovato, Mary Jane Oliver, and Paula García enjoy bowling in Prairie View.
<HED_2> <Body_2> 1 REGION
Photos by ATPE staff
Pharr-San Juan-Alamo ATPE members pose with Alvi at the district’s new teacher orientation.
REGION 9
ATPE Campus Representative Patricia Lewis greets Kirby Middle School educator Laura Cason at the Wichita Falls new teacher orientation.
REGION 2
Barbara Ruiz of Corpus Christi ATPE shares her excitement about our association with new district employees.
ATPE NEWS 31
ATPE
News
ARE YOU READY TO HELP LEAD ATPE? Consider running for a spot on the ATPE Board of Directors (BOD)! The BOD consists of 20 directors (one from each region) and five state officers. Each region maintains its own independently elected officer corps. The regional director serves as the liaison and representative to the ATPE BOD. This year, 10 regions will elect someone to fill a board seat. If you’re not ready to take the plunge and run for a spot on the ATPE Board of Directors, consider running for office in your local unit or region instead! For more information on ATPE leadership opportunities, contact ATPE’s volunteer program coordinator, Anna Belle Burleson, at aburleson@atpe.org.
Did you know you can earn CPE credit just by reading this magazine? That’s right! ATPE is an approved CPE provider through the Texas Education Agency. Reading ATPE News qualifies as a self-study of relevant professional materials. Fill out the form to receive credit for reading ATPE News at atpe.org/ATPE/media/ATPE/PDF/15-misc-cpecert.pdf.
32 ATPE NEWS
ATTEND AN INSPIRING CONFERENCE = EARN CPE! Connect with some of the world’s most inspiring education stakeholders and earn CPE credits at SXSWedu®! Make plans now to attend the seventh annual SXSWedu® Conference & Festival in Austin, March 6-9, 2017. Be a part of education innovation through collaboration, creativity, and action. Plus, ATPE is partnering with SXSWedu® to certify selected sessions for CPE credits. That means you can earn valuable CPE while enjoying inspiring sessions, interactive workshops, hands-on learning experiences, film screenings, and more! To register to attend SXSWedu®, go to sxswedu.com/attend.
THE 2016-17 ATPE AWARDS: CALL FOR NOMINATIONS Through our awards and grants, ATPE recognizes outstanding Texas educators. Consider applying for or nominating a fellow ATPE member or local unit for one of the following awards. Recognize a colleague who changes lives and inspires excellence by nominating them for a Charles Pickitt Educator of the Year Award. Highlight the work of your local unit by applying for a Local Unit of the Year Award or nominate outstanding ATPE volunteers for a Doug Rogers Campus Representative of the Year Award. Find out more about ATPE awards at atpe.org/Member-Benefits/Awards-Grants.
Charles Pickitt Educator of the Year Awards
Charles Pickitt Educator of the Year Awards are presented in five categories: Administrator, Associate, Elementary Teacher, Secondary Teacher, and Special Services Educator. Recipients each receive $5,000. Feb. 1, 2017, is the nomination deadline, and nominees must submit completed applications by March 3, 2017. Self-nominations are not accepted. Find more information and a nomination form at atpe.org/Member-Benefits/Awards-Grants/Educator-of-the-Year.
Local Unit of the Year Awards
The Local Unit of the Year Awards honor exceptional local units in four categories: 1-200 members, 201-500 members, 501-plus members, and university local units. Each winning local unit will receive a check for $1,000. March 3, 2017, is the application/nomination deadline for the Local Unit of the Year Awards. Self-nominations are allowed. Find more information and an application/nomination form at atpe.org/ Member-Benefits/Awards-Grants/Local-Unit-of-the-Year.
Doug Rogers Campus Representative of the Year Awards
The Doug Rogers Campus Representative of the Year Awards recognize volunteers in three categories: 1-200 members, 201-500 members, and 501-plus members. Local units may nominate one or more campus representatives. Each winner will receive $1,000, and their local unit will receive $250 for future local unit activities. March 3, 2017, is the nomination deadline for the Doug Rogers Campus Representative of the Year Awards. Self-nominations are not accepted. Find more information and a nomination form at atpe.org/Member-Benefits/ Awards-Grants/Campus-Rep-of-Year.
QUESTIONS ABOUT ATPE AWARDS?
Call the ATPE state office at (800) 777-ATPE (2873)
Follow ATPE on social media to stay up to date with Texas education news Thousands of members are following OfficialATPE on Facebook! Are you one of them? Member photos, association news, education information, teaching tips, and election updates are shared daily. Follow your association on Facebook at facebook.com/ OfficialATPE.
WANT EVEN MORE PHOTOS AND TIPS? Follow ATPE on Instagram @officialATPE and Pinterest @ATPE.
Kally Evans receives her award from State Vice President Carl Garner at the 2016 ATPE Summit.
THE ATPE
VISION
ATPE is the preeminent public educator association in Texas and makes a difference in the lives of educators and schoolchildren. In partnership with all stakeholders, we are committed to providing every child an equal opportunity to receive an exemplary public education. ATPE NEWS 33
ATPE
News INTRODUCING:
ATPE is pleased to announce a new tool that will help make participation in the legislative process easy and effective. Advocacy Central will house important calls to action, bill summaries, and updates from the legislative session. Members who visit Advocacy Central will be automatically matched with their elected officials at the state and federal level and will find easy ways to communicate with them. The site will offer quick links for outreach to decision makers using email, phone calls, letters, and even social media. During the legislative session, use Advocacy Central to track bills that may affect our legislative priorities, see how legislators are voting, and use your voice to influence the legislative process. Youâ&#x20AC;&#x2122;ll also find all things related to ATPE at the Capitol, our upcoming lobby day and political involvement training event in March. Register, view meeting schedules, and even share your feedback from your legislator visits through a convenient online form.
Visit atpe.org/advocacy-central for more information.
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This season, join Texas ASCD and make next year the most educational yet!
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34 ATPE NEWS
ATPE IS COMMITTED TO PROTECTING YOU * ATPE values honesty. We want you to understand the superior protection your 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 2016-17 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: •U p to $8 million per claim and aggregate in liability insurance, including a $2 million limit for civil rights claims plus defense costs. • U p to $20,000 aggregate for employment rights defense with a $10,000 per-claim limit, win or lose. •A dditional $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. •U p to $10,000 aggregate for successful appeals beyond the school board or commissioner of education. In addition to the above insured benefits, ATPE’s staff attorneys are available to assist eligible members with professional concerns.** For assistance, members must call (800) 777-2873. For more information, visit www.atpe.org/protection.
CLAIMS PROCEDURE Except for situations necessitating immediate representation by a private-practice criminal defense attorney, eligible ATPE members must contact the ATPE Member Legal Services Department at (800) 7772873 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.
THE INSURANCE COMPANY APPROVES THE FOLLOWING ATTORNEYS AND FIRMS: • Birdsong and Armstrong P.C. • Brim, Arnett & Robinett P.C. • How Frels Rohde Woods & Duke P.C. • 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 The approved list above is subject to change at any time and without notice.
ATTORNEYS AND LAW FIRMS ARE SELECTED USING THE FOLLOWING CRITERIA: • Experience in education and employment law. • Quality 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 $6.6 billion in net surplus and more than $26 billion in total admitted assets as of Dec. 31, 2015. 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. **The insured benefits and staff attorney services are provided through separate programs.
ATPE NEWS 35
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
INSURING AGREEMENTS
POLICY NUMBER: 80777515 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, 2016(12:01 A.M. standard time at the address stated in Item 1. above) To: August 1, 2017 (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;
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) I ncurred 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 professional rights,
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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) in 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. U p 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. U p 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.
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. T he 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. T he 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. T he term “membership date” means the date on which a person becomes a professional, associate or teacher trainee member of the Named Insured. e. T he 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. T he 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. T he 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. T he 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. T he 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. A s 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. A s 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. A s respects coverage E, this policy applies only to Stolen Identity Events occurring during the policy period. This policy period shall begin August 1, 2016 and end August 1, 2017 (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 student teacher 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. T o 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 medically-trained 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. Under Coverage A. to the defense of any civil suit for criminal acts other than corporal punishment. j. T o 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. 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
38 ATPE NEWS
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. T o 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 activities 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 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
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 forty-five 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.
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) Insurance, 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) I nsurance , 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.
UNITED STATES POSTAL SERVICE STATEMENT OF OWNERSHIP, MANAGEMENT AND CIRCULATION 1. Publication Title: ATPE News 2. Publication Number: 578-050 3. Filing Date: September 16, 2016 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: Leslie Trahan 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. Owner: Association of Texas Professional Educators, 305 E. Huntland Drive, Suite 300, Austin (Travis), Texas 78752-3792 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 2015 15. Extent and Nature of Circulation Average No. Copies Each Issue During Preceding 12 Months a. Total Number of Copies: 102,790 b. Paid Circulation (1) M ailed Outside-County Paid Subscriptions Stated on PS Form 3541: 100,026 (2) M ailed In-County Paid Subscriptions Stated on PS Form 3541: 0 (3) P aid Distribution Outside the Mails Including Sales Through Dealers and Carriers, Street Vendors, Counter Sales and Other Paid Distribution Outside USPS: 0 (4) P aid Distribution by Other Classes of Mail Through the USPS: 0 c. Total Paid Distribution: 100,026 d. Free or Nominal Rate Distribution (1) F ree or Nominal Rate OutsideCounty Copies included on PS Form 3541: 1,006
(2) Free or Nominal Rate InCounty Copies Included on PS Form 3541: 0 (3) Free or Nominal Rate Copies Mailed at Other Classes Through the USPS: 1,138 (4) Free or Nominal Rate Distribution Outside the Mail: 93 e. T otal Free or Nominal Rate Distribution: 2,237 f. Total Distribution: 102,263 g. Copies not Distributed: 527 h. Total: 102,790 i. Percent Paid: 98.81% No. Copies of Single Issue Published Nearest to Filing Date a. Total Number of Copies: 110,552 b. Paid Circulation (1) Mailed Outside-County Paid Subscriptions Stated on PS Form 3541: 106,416 (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: 106,416 d. Free or Nominal Rate Distribution (5) Free or Nominal Rate
Outside-County Copies included on PS Form 3541: 1,256 (6) Free or Nominal Rate InCounty Copies Included on PS Form 3541: 0 (7) Free or Nominal Rate Copies Mailed at Other Classes Through the USPS: 1,466 (8) Free or Nominal Rate Distribution Outside the Mail: 73 e. T otal Free or Nominal Rate Distribution: 2,795 f. Total Distribution: 109,211 g. Copies not Distributed: 1,341 h. Total: 110,552 i. Percent Paid: 97.44% 16. T otal circulation DOES NOT include electronic copies. 17. P ublication of Statement of Ownership: Required. Will be printed in the Winter 2016 issue of this publication. 18. S ignature and Date: Elaine Acker, Marketing and Communications Director, September 26, 2016 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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that you have to do is modify the student’s classwork until they get back to normal. Athletes need time to recover mentally as well as physically.
What are some policies that you’ve helped implement to improve sports medicine?
ImPACT® (Immediate Post-Concussion Assessment and Cognitive Testing) is a computerized exam that athletes take prior to the season to establish a baseline. Then, if an athlete suffers a concussion, they retake the exam to help determine the extent of the injury and the information can be shared with the team doctor and concussion management team. A decision can be made as to when return to play is appropriate and when to start the concussion management protocol. Another thing I’m really proud of is the implementation of a program called “Who We Play For” that deals with sudden cardiac events in young athletes. We do electrocardiogram (ECG) tests on all of our high school athletes. Our athletic trainers perform the ECG screenings and send them off to be read by a cardiologist electronically. If a student has any glitches in their reading, we don’t let them participate until they are cleared. Several students have been disqualified from athletics because they had a problem. Their parents didn’t even know and they got treatment so they could participate safely. At one time, we were the only school district that was paying to get these ECGs read. I’m also proud of our partnership with an infection control company here in Lubbock called GermBlast. GermBlast provides a comprehensive, state-of-the-art sanitation system to combat the growing danger of quick-spreading infectious disease. GermBlast disinfects all of our athletic facilities. We’ve even had them disinfect every elementary classroom and do treatments on all of the buses we travel on. Out here in West Texas, sometimes we have to travel five or six hours and the students are confined to that bus. But sickness is down and the service pays for itself because of the money we get from the state for attendance.
What’s the community's reaction been to the district’s proactive work?
We are very fortunate to have a supportive school board and administration that allows us to have a positive impact on our student athletes. Health and safety is our number one priority, and kids and parents are very appreciative that we have licensed athletic trainers to provide quality comprehensive care. continued from page 16
important to know that a resolution of a criminal complaint that includes probation, community service, counseling, or anything beyond an outright dismissal of the charge may result in a required sanction. The minimum sanction for a misdemeanor-level prosecution is an inscribed reprimand on the educator’s certificate. The minimum sanction for a felony-level prosecution is a suspension for the period of any probation 40 ATPE NEWS
or community service. Because of this new rule, all educators should get advice about how their agreement to resolve a prosecution might affect their certification. continued from page 20
put in place for the benefit of students. At the very least, the DOI law should require enhanced state oversight for districts that take such actions as hiring uncertified teachers not regulated by the State Board for Educator Certification, exceeding statutory limits for elementary class sizes without parental notice, and employing teachers without annual contracts. Continued from page 27
them understand the importance of reading with their children every day. “Teachers can really help parents understand how to pick out a book,” says Finck. “Whether they’re going to a library or a bookstore, sometimes parents just don’t know how to choose. The kids may run over and grab a book with an interesting character on the cover, but it may not be the right book for their level.” Finck also notes that teachers can help create a culture of reading by building in 10 to 15 minutes of independent reading time during the school day (the time can also be spent reading with another child), and by making books visible in the school by decorating the walls with book covers. Another resource for teachers, just launched by iWRITE, is an interactive journal for elementary students. Activities in the journal encourage kids to write for fun and help offset the negative attitudes about writing that are often created by standardized testing. A mascot, “i” The Guy, speaks to students via comic book bubbles and offers writing prompts using silly sayings, personality charts, and character development exercises.
Students Helping Students
When Williams first told her Iggy stories, visited classrooms as a guest author, and met students like Demacio, she quickly realized how critical writing and publishing could be to building confidence and self-esteem, and to opening the doors to future opportunities for students. In addition to becoming published authors, students whose work appears in the anthologies soon become public speakers, role models, and leaders. Like Williams, they visit classrooms in Title I schools and help inspire a new generation of writers. “Melissa’s approach is successful because she’s doing three things,” says Finck. “One: she’s taking her own skills and passion around creative writing and inspiring children to have the skillsets to become writers, too. Two: she’s working with teachers so that her process is passed to educators who can incorporate the lessons in their own classrooms. And three: she’s celebrating the work of those children in publishing their stories. They have something to aspire to. Her passion is just infectious, and people want to be involved.”
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BRAIN BREAK
Can you spot all ten differences?
W
elcome to round two of Brain Break, our new section featuring games, quizzes, and fascinating factoids. This issue, we are putting an ATPE spin on a spot-the-difference game. Take a look at the two photos of members at the ATPE Summit dance party. At first, the two shots might appear identical, but if you look closely, you’ll see several differences. Once you’ve spotted all ten differences in the two photos, head to the ATPE Blog at atpe.org/ Winter16/ BrainBreak to see an answer key. Good luck!
KEEP TRACK OF YOUR PROGRESS.
ENTER TO WIN AN ATPE-BRANDED PRIZE! If you’d like to be entered into a drawing for an ATPE-branded prize, snap a photo of this page after you’ve circled the differences, and email the photo to comm@atpe.org by Jan. 1.
ATPE NEWS 43
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