TASPA HR Connection - February 2025

TASPAHR Connection

89th Texas Legislature:

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Staff & Executive Board

TASPA STAFF

Chandelle Crane, Executive Director

Jeannie Tomasek, Director of Programs & Membership

Kathy Cervantez, Director of Communications & Professional Development

TASPA EXECUTIVE BOARD

Johjania Nájera, President, Keller ISD

Chris Bailey, President Elect, Abilene ISD

Craig Lahrman, First Vice President, Ysleta ISD

Ben Muir, Second Vice President, Northside ISD

Dr. Tamey Williams-Hill, Secretary, Manor ISD

Kimberly Rich, Immediate Past President, Dickinson ISD

TASPA DISTRICT REPRESENTATIVES

Anthony Kosub, District I, Pleasanton ISD

Dr. Tyrone Sylvester, District II, Harris County Department of Public Education

Eddie Curran, District III, Round Rock ISD

Theresa Burkhalter, District IV, Waxahachie ISD

Rodney Caddell, District V, Levelland ISD

Jose Barraza, District VI, Canutillo ISD

ADVOCACY LIAISON

Brian Kroeger, District II, Splendora ISD

TASPA Committees

TASPA ADVOCACY COMMITTEE

Max Flores, District I, Seguin ISD

Brian Kroeger, District II, Splendora ISD (Committee Liaison)

Dr. Ronnita Carradine, District III, Waco ISD

Jason Liewehr, District IV, Denton ISD

Robin Fawcett, District V, Ector County ISD

Bobbi Russell-Garcia, District VI, Ysleta ISD

TASPA NOMINATIONS COMMITTEE

Diana Silvas, District I, Robstown ISD

Cyndy Pullen, District II, Angleton ISD

Amelie Sanchez, District III, Round Rock ISD

Greg Gaston, District IV, Plano ISD

Paul Kimbrough, District V, Canyon ISD

Jiovana Gutierrez, District VI, Ysleta ISD

TASPA SCHOLARSHIP COMMITTEE

Rita Uresti, District I, South San Antonio ISD

Marcus Higgs, District II, Texas City ISD

Lindsey Gonzalez, District III, Del Valle ISD

Dr. Sandra Moore, District IV, ESC Region 10

Paige Anderson, District V, Amarillo ISD (Committee Chair)

Celina Stiles, District VI, Socorro ISD

TASPA CONFERENCE PLANNING COMMITTEE

**Includes President, President-Elect & District Representatives

Dr. Destiny Barrera, District I, Judson ISD

Dr. Nkrumah Dixon, District II, Huntsville ISD

Michelle Rocha, District III, Manor ISD

Norma Salazar, District IV, Waxahachie ISD

David Manchee, District V, Amarillo ISD

Fernando Garnica, District VI, Anthony ISD

President’s Message

JOHJANIA

NÁJERA

2025 TASPA

PRESIDENT

In the middle of a storm…a bit of snow, freezing temperatures and well, the other storm…I was reminded that I needed to write my “first” President’s article (this 2nd time around) for our TASPA Newsletter. In this time of chaos, uncertainty, LOUD noise, unrest, and profound distraction for so many, what could I possibly have to offer our members?

What I have to offer is a simple request: have faith, hope, and take a moment to look and see the many around you that have integrity, commitment, grit and most importantly, they continue to say yes to public education! If you are reading this, that is you!

A dear HR friend in a district not too far from mine, sent me a text saying, “I am praying for you and am here if you need me!” Then when the storm really hit, I received a text from a former HR friend, now Superintendent, saying, “Been thinking about you…” Colleagues taking the time to reach out with authentic, caring support provides hope in the middle of the storm. I have witnessed many of our members (you) reaching out to colleagues not only across neighboring school districts, but across the state, to lend support by sharing best practices, processes and most

importantly, sharing guidance, advice and giving time.

The remainder of this school year, as well as the upcoming year, may appear grim, full of unrest and unknowns for many districts across the state. But you are not alone! Rely on TASPA for learning, resources and most importantly, for connecting with colleagues in Human Resources - that will be one of the most valuable connections you will make. Connections will not only provide great support but great laughs (we are all great fun), caring and a true understanding of whatever issue you may be dealing with at the time. In closing, I ask each of you to have faith and hope as you continue to say yes to our students and the future of public education.

Johjania Nájera is the 2025 TASPA President. She is the Chief Human Resources Officer in Keller ISD.

Is Your District Ready for the Proposed Changes to the Special Education Assignment Rules?

Join us for: Understanding Special Education HOUSSE Led by: Kathy Cervantez, Director of Communications & PD

THIS WORKSHOP WILL HELP YOU:

 Understand the Texas Administrative Code (TAC) & Chapter 231 Special Education certification requirements.

 Assess your teachers’ qualifications against the Special Education HOUSSE standards.

 Complete HOUSSE forms to determine teacher eligibility for special education assignments.

 Stay up-to-date on proposed changes to Special Education Assignment rules and review the Proposed Texas Content Competency Worksheet for Special Education Teachers.

WHAT’S IN STORE?

 Hands-on Activities: Complete HOUSSE forms and assess teacher eligibility.

 In-depth Training: Explore the TAC, Chapter 231, rules and qualifications for unqualified teachers.

 Q&A Session: Bring your district-specific scenarios or questions!

To Schedule a Workshop please contact: jtomasek@taspa.org

Calendar of Events

For more information and updates, please visit our website at taspa.org or call

February 27, 2025

March 4, 2025

March 5, 2025

2025 Virtual Series 2: Advanced H1-B Topics:Navigating Complex Cases and Alternatives

2025 Virtual Series 3: H-1B Compliance: Maintaining Status and Avoiding Violations Virtual via Zoom

Webinar: It’s Go Time!: How to Ensure You Properly Carry Out Chapter 21 Contract Decisions Virtual via Zoom

March 19, 2025 Certification Fundamentals Cypress-Fairbanks ISD

March 19, 2025 Maintaining Service Records Cypress-Fairbanks ISD

April 3, 2025 Fingerprinting & Do Not Hire Registry Overview

Worth ISD

April 9, 2025 Certification Fundamentals Cedar Hill ISD

April 9, 2025 Maintaining Service Records Cedar Hill ISD

April 23, 2025

Webinar: First Amendment Freedoms and Boundaries: Navigating Speech Rights In and Out of the Classroom Virtual via Zoom

April 24, 2025 Understanding Special Education HOUSSE Deer Park ISD

April 29, 2025 Understanding Special Education HOUSSE Spring ISD

April 29, 2025 Personnel Skills for Supervisors of Auxiliary Staff Spring ISD

May 7, 2025

Webinar: All Dogs Go to…Work? Service Animals in the Workplace Virtual via Zoom

May 8, 2025 Understanding Special Education HOUSSE Northside ISD

May 15, 2025 Understanding Special Education HOUSSE Irving ISD

Regional District Meetings

For more information and updates, please

District I

(ESCs 1, 2, 20)

Anthony Kosub SAAPA

District II

(ESCs 4, 5, 6)

Dr. Tyrone Sylvester GCASPA

District III (ESCs 3, 12, 13)

Eddie Curran CTASPA

District IV

(ESC’s 7, 8, 10, 11)

Theresa Burkhalter NCTASPA

District V

(ESC’s 9, 14, 16, 17)

Rodney Caddell WTASPA

District VI

(ESC’s 15, 18, 19)

Jose Barraza PAR 19

February 27, 2025

February 21, 2025

May 13, 2025

February 2025

March 28, 2025

May 2, 2025

February 19, 2025

Deer Park ISD

February 20, 2025

March 27, 2025

April 24, 2025

May 2025 (TBD)

June 19, 2025

Zoom

Cedar Hill ISD

Greenville ISD

Lubbock ISD

Clint ISD

Socorro ISD

Region 19 ESC

TBD

Fabens ISD

Welcome New TASPA Members

New

TASPA Members (November 6 - January 24)

Cynthia Allen

Title lX Coordinator Fort Worth ISD

Christina Anderson

Director of Human Resources West Orange-Cove CISD

Carlos Below

HR Coordinator

Eagle Mountain-Saginaw ISD

Melinda Blansett Investigator Fort Worth ISD

Janay Boykin District Support Consultant The Holdsworth Center

Vince Dawes

Executive Director of Human Resources Richardson ISD

Scott Doring

Asst. Supt. of HR and Leadership Corsicana ISD

Myra Ramirez Specialist ESC Region 20

Congratulations Retirees!

Sheri Blankenship Hereford ISD

Tammy Cunningham Region 8 ESC

Jennifer Greene Gast Bastrop ISD

Tracey Jennings Georgetown ISD

Amy Ybarra Killeen ISD

Andrea Shearman

HR Coordinator Maypearl ISD

Jody Strange Assistant Principal Chapel Hill ISD

Keely Trejo

HR Coordinator of Staffing and Certification Irving ISD

Angela Uribe-Montes Benefits and Leave Specialist Sharyland ISD

Marilyn Vasquez

Human Resource Coordinator Fort Sam Houston ISD

Tara Vozzo

Human Resource Coordinator Friendswood ISD

Dr. Lee Wright

Assistant Superintendent of Human Talent Tomball ISD

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Education Funding Breakdown & Leadership Priorities

different aspects of the budget. By February 14th, the committee will have preliminarily discussed each section of the budget. Then the committee will either take a vote to pass the bill to the Senate floor or will determine if more hearings on the bill will be necessary. Below is an overview of the education provisions in both the House and Senate budget versions.

GOVERNOR ABBOTT’S SEVEN EMERGENCY ITEMS FOR THE 89TH SESSION

STRIVE Writing Staff

The 89th Legislative session is underway. Each session, the Speaker of the House, Lt. Governor, and Governor release a list of priority policy issues. This session, only the Lt. Governor and Governor have released their lists as of this writing. Below is an overview of the emergency items Governor Greg Abbott outlined in his State of the State address on February 2 and a brief overview of his remarks related to education. Lt. Governor Dan Patrick’s priority bills/topics can be found below as well. No timeline has been given as to when new Speaker of the House Dustin Burrows will release his priority bills, but we anticipate them soon. Of note, leadership can add to their emergency item/ priority lists at any time. In fact, at the bottom of his press release, the Lt. Governor noted that more priority bills are to be announced soon.

Meanwhile, both the House and Senate versions of the state budget have been filed. As the House originated the budget bill last session, Senate Finance Committee Chair Joan Huffman has been taking the lead on budget discussions. Since January 27th, Senate Finance has met to discuss and hear testimony concerning

Governor Greg Abbott announced seven emergency items for the 89th Legislative Session during his State of the State address in Austin on February 2, 2025. This designation means lawmakers can take up these issues in the first 60 days of the session.

The items were:

• Property Tax Relief – at least $10 billion

• Texas-size investment in water infrastructure

• Teacher Pay

• Expanding Career Training

• School Choice

• Bail reform

• Texas Cyber Command

GOVERNOR ABBOTT’S REMARKS ON EDUCATION DURING THE STATE OF THE STATE

The Governor prioritized his remarks on education into three pillars. The following are excerpts from his remarks.

The first pillar is empowered parents.

• Parents are a child’s first teacher. Schools must work for parents, not the other way around. Schools must respond to parents’ concerns, and parents should be empowered to choose the school that’s best

for their child.

The second pillar is exemplary teachers.

• We must fund and train the best teachers. That starts with giving our teachers a pay raise this session. To increase teachers’ average salary to an all-time high, I am declaring teacher pay an emergency item.

• Additionally, we must reward the best teachers by putting them on a path to earn a sixfigure salary. More than 25,000 teachers are already on that path. We must expand that merit program to every school district.

• And to keep great teachers, we must restore discipline in our schools. It is common sense to give teachers the authority to remove disruptive students from their classrooms.

• Very simply, our schools must be safe. Safe for students, teachers, staff, and parents. We should invest $500 million more to better secure our schools.

The third pillar is exceptional academics.

• Public education funding is at an all-time. Funding per student is at an all-time high. But improving education requires more than just spending money. It requires highlevel instruction and better curriculum.

• Schools must focus on the fundamentals – reading, writing, math, science, and of course, our country’s founding documents. We want to ensure every child is prepared for college or a good-paying career.

• However, schools must not push woke agendas on our kids. Schools are for education, not indoctrination.

• We must ban DEI in grades K-12.

• No boys in girls’ sports. The State of Texas recognizes only two genders – male and female. Any educator who tells students that boys can be girls should be fired on the spot.

• Vital to education is expanding career training. Many of the most in-demand jobs are careers like welders, plumbers, and electricians.

• To prepare students for these careers, high schools must provide more career training programs so students can go from graduation directly into a good-paying job.

• I am making life-changing career training an emergency item. I will work with Senator Schwertner and Representatives Keith Bell and Gary Gates on this much-needed legislation.

More on School Choice:

• Government-mandated schools cannot meet the

LT. GOVERNOR PATRICK’S PRIORITY BILLS

unique needs of every student. But Texas can provide families with choices to meet those needs. The majority of Texans support school choice. More than 30 states already have a form of school choice. We will continue to fully fund public schools and raise teacher pay, while also giving parents the choice they deserve.

• The fact is, Education Savings Accounts have already succeeded in Texas. In 2020, I created a pilot program for special education students. In 2021, a bipartisan supermajority of the Legislature expanded that program. It provides $1,500 grants for tutors and other support services that help students thrive.

• Thanks to Senator Creighton and Representative Buckley for their leadership.

• Tonight, I am declaring school choice an emergency item that must be passed.

Below is the list of the priority bills from the Lt. Gov. He noted in his press release that more priority bills lists are to come.

Senate Bill 1 – Senate’s Budget for Texas

Senate Bill 2 – Providing School Choice

Senate Bill 3 – Banning THC in Texas

Senate Bill 4 – Increasing the Homestead Exemption to $140,000 ($150,000 for seniors)

Senate Bill 5 – Combatting Alzheimer’s – Establishing DPRIT (Dementia Prevention & Research Institute of Texas)

Senate Bill 6 – Increasing Texas’ Electric Grid Reliability

Senate Bill 7 – Increasing Investments in Texas’ Water Supply

Senate Bill 8 – Requiring Local Law Enforcement to Assist the Federal Government’s Deportation Efforts

Senate Bill 9 – Reforming Bail –Keeping Violent Criminals Off Our Streets

Senate Bill 10 – Placing the Ten Commandments in School

Senate Bill 11 – Protecting the Freedom to Pray in School

Senate Bill 12 – Establishing a Parental Bill of Rights in Public Education

Senate Bill 13 – Guarding Against Inappropriate Books in Public Schools

Senate Bill 14 – Texas DOGE –Improving Government Efficiency

Senate Bill 15 – Removing Barriers to Affordable Housing

Senate Bill 16 – Stopping NonCitizens from Voting

Senate Bill 17 – Stopping Foreign Adversaries’ Land Grabs

Senate Bill 18 – Stopping Drag Time Story Hour

Senate Bill 19 – Stopping Taxpayer Dollars for Lobbyists

Senate Bill 20 – Stopping AI Child Pornography

Senate Bill 21 – Establishing the Texas Bitcoin Reserve

Senate Bill 22 – Establishing Texas as America’s Film Capital

Senate Bill 23 – Removing the Cap on the Rainy Day Fund to Secure Texas’ Long-term Financial Future

Senate Bill 24 – Educating Texas Students on the Horrors of Communism

Senate Bill 25 – Making Texas Healthy Again

EDUCATION FUNDING OVERVIEW

The summaries below cover education funding proposals as presented in the filed versions of SB 1 and HB 1.

In total, the House proposes $335.7B in All Funds and $154.1B in GR and the Senate proposes $332.9B in AF and $151.6B in GR

Comparisons Between House & Senate Recommendations Foundation School Program

House: $71.8B in AF of $12.2B from the 2024-25 biennium. Senate:$71.3B in AF of $11.7B from the 2024-25 biennium.

Recommended GR Funds for the FSP total $39.7B higher of $7.9B.

Property Taxes & The Foundation School Program:

In both bills, recommendations for property tax relief include an estimated $51B to maintain relief pursuant to HB 3 86(R) and provide new property tax contingent upon enactment of 89(R) legislation.

• The Senate notes that $500M of this amount is appropriated to the Texas Education Agency to be used to provide property tax relief for businesses.

• Recommended funding from Other Funds for the FSP includes an estimated increase of House $4.3B and Senate $3.8B which is attributable primarily to increasing from $12.3B to $15.8B the transfer from the General Revenue Fund to the Property Tax Relief Fund to support new property tax relief in the 2026–27 biennium.

• Recommendations also include projected increases of $506.5M in recapture payments and $327.6M from the Tax Reduction and Excellence in Education Fund.

• The 2024–25 biennial amounts for the FSP assume supplemental funding to address supplemental needs to complete fiscal year 2025 expenditures.

• Recommended funding from Other Funds for the FSP includes an estimated increase of House $4.3B and Senate $3.8B which is attributable primarily to increasing from $12.3B to $15.8B the transfer from the GR Fund to the Property Tax Relief Fund to support new property tax relief in the 2026–27 biennium.

• Recommendations also include projected increases of $506.5M in recapture payments and $327.6M from the Tax Reduction and Excellence in Education Fund.

Education Contingency Riders in Both Bills:

Contingency for School Safety Allotment:

• Included in amounts appropriated above and contingent on enactment of legislation relating to amending the school safety allotment under the Foundation School Program, by the 89(R), is $200M in FY 2026 and $200M in FY 2027 from the GR Fund to implement the provisions of the legislation. Rider 3, Foundation School Program Funding, shall be amended accordingly.

Contingency for Education Savings Account:

• Included in amounts appropriated above and elsewhere in this Act and contingent on enactment of legislation relating to the establishment of an education savings account, by the 89(R), is$1B from the GR Fund in FY 2027 to implement the provisionsof the legislation. An amount to be determined by the LBB shall be transferred to the Comptroller – Fiscal Programs to implement the provisions of the legislation.

Contingency for Public Education Funding Increases:

• Included in amounts appropriated above and contingent on enactment of legislation relating to increasing funding for public education by the 89(R) is $2.4B in FY 2026 and $2.4B in FY 2027 from the GR Fund to implement the provisions of the legislation.

Where are we at in the Process?

SB 1: Senate Finance has met since January 27th to hear testimony on and to discuss SB 1 - their schedule continues through February 14th. They met to discuss Article III at 10:00 AM on Monday, February 10th.

FINAL THOUGHTS

The last day of the 89th Legislative session is June 2, 2025. There is a lot of work to be done between now and then.

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CONTRACT PACKAGE

Updated Employee Contract Package for 2025-2026 to reflect recent court rulings.

Key updates include:

✅ Favorable Statute of Limitations – Now incorporated into contracts, aligning with a Fifth Circuit Court of Appeals decision.

✅ New Guidance on Employee Reassignments – Just Sign materials now address a Texas Court of Appeals ruling, providing crucial insights.

✅ Flexible Contract Options – Choose traditional 10-month contracts or contracts designed to accommodate extended work periods due to unforeseen circumstances or calendar adjustments.

Same trusted contract provisions. Enhanced legal clarity. The Just Sign publication remains included, offering a comprehensive guide to the contracting process.

Stay ahead of legal changes. Contact us today to update your district’s contracts with confidence!

To Reassign or Not to Reassign, Districts Should Evaluate Two Essential Questions1

1. Will the reassignment be a violation of state law, specifically Texas Education Code section 21.206?

2. Will the reassignment be a violation of the employee’s written contractual terms resulting in a breach of contract?

SUMMARY OF SUMROW

Dr. Vicky L. Sullivan, Sr. Associate1 Eichelbaum Wardell Hansen Powell & Muñoz, P.C.

In July 2023, the Third Court of Appeals in Austin affirmed a school district’s lawful authority to reassign an athletic director from a certified administrator position to a teaching position. In Caddo Mills Indep. Sch. Dist. v. Sumrow, No. 03-22-00083-CV, 2023 Tex. App. LEXIS 5005 (Tex. App.—Austin July 12, 2023, no pet. h.), the court held the school district did not violate the terms of

the employment contract between Caddo Mills Independent School District and its athletic director, nor did the district violate section 21.206 of the Texas Education Code, which requires the employment of a teacher2 in the “same professional capacity for the following school year” in certain instances.

When reassigning an employee from a certified administrator position to a teaching position, two primary questions must be answered in the negative to constitute a lawful reassignment3:

Sumrow involves the mid-year reassignment of the district’s athletic director, Steven Sumrow, to a teaching position. The district employed Sumrow under a term contract during the 2017-2018 school year. In February 2018, the district renewed the contract and executed a two-year term contract for school years 20182019 and 2019-2020. Sumrow had been employed under the terms of the contract, which documented a position of “certified administrator,” for fifteen years during which he had been assigned to the position of the district’s athletic director every year. However, during the 2018-2019 school year, the district reassigned him because his contract stated Sumrow was hired as a “certified administrator,” but he was not, in fact, certified as such. Claiming Sumrow could not serve in the position of athletic director because he was not a certified administrator as required by the contract terms, the district sought to reassign him to a teaching position.4 Sumrow was

1 As you might have guessed, the title of this article is play off William Shakespeare’s play Hamlet and Hamlet’s famous soliloquy in Act 3 Scene 1: “To be or not to be, that is the question …”

2 Texas Education Code Section 21.201 defines “teacher” as “superintendent, principal, supervisor, classroom teacher, school counselor, or other full-time professional employee who is required to hold a certificate issued under Subchapter B or a nurse” and which includes the position of Athletic Director as referenced herein.

3 The Sumrow case and this article address the lawfulness of a reassignment under the Texas Education Code and contract law. However, human resources professionals should also analyze whether any state and federal anti-discrimination laws, e.g., Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, or Chapter 21 of the Texas Labor Code, are implicated. This has become important since the Fifth Circuit Court of Appeals and United States Supreme Court have loosened the standard for what constitutes an adverse employment action under those laws. The courts now clearly state that transfers and reassignments can constitute adverse employment actions even if pay remains the same. See Muldrow v. City of St. Louis, Missouri, 601 U.S. 346 (2024). A more detailed article about this can be found on TexasISD.com here

4 While the position of athletic director does not require administrator certification under the Texas Education Code, a district has the authority to require administrator certification for its athletic director position, and Caddo Mills ISD elected to require said certification. The district argued that Sumrow was in violation of a basic requirement in his contract, that being the administrator certification requirement. The court dismissed this issue as immaterial. It is unclear, and the case opinion is void of facts, as to why Sumrow filled the position for fifteen years without administrator certification and why the district elected to make it an issue at this juncture. In a concurring opinion, Justice Triana wrote separately to express her view “that the school district’s abrupt change in its course of dealing with an educator who had been employed by the district for 15 years in the same position, absent any cause, is the type of unfair surprise that borders on being unconscionable.” Justice Triana added,

a certified teacher but not a certified administrator. Notably, Caddo Mills ISD’s contract included a term that permitted the district to assign or reassign to positions, duties, or additional duties and to make changes in responsibilities, work, or transfers, at any time during the contract.

In January 2019, the district provided notice to Sumrow of the change in his assignment from athletic director to teacher at the district’s Disciplinary Alternative Education Center (DAEC). The notice included that his salary would continue at the administrator level for the remainder of the 20182019 school year but then would be commensurate with the assignment of a DAEC teacher for the 2019-2020 school year, the second year of his term contract.

Sumrow proceeded through the district’s grievance process and was denied at every stage. He filed a petition for review with the Commissioner of Education.5 The petition included two complaints:

1. The district “did not give any notice to [him] of any proposal to nonrenew his contract at any time” and, consequently, “was required to employ him during the 2018-2019 school year in the same professional capacity as that in which he served during the 2017-2018 school year.”6

2. Assigning him to a position “with considerably less authority and duties and responsibilities, and at a lower position on the district’s salary schedule” constituted a demotion in violation of Sumrow’s written employment contract.

After a hearing, the Commissioner determined that the district did not violate either school laws of the state or any provisions in Sumrow’s employment contract. The Commissioner dismissed his appeal. Sumrow filed for judicial review of the Commissioner’s decision.7

reassignment breached his contract of employment as a “certified administrator.”

After a hearing, the district court reversed the Commissioner’s decision and remanded the case to the Commissioner for further proceedings. The district and the Commissioner perfected an appeal, contending that the Commissioner properly determined that the district’s assignment of Sumrow to the position of DAEC teacher did not constitute a violation of his employment contract. The Commissioner’s decision that the district did not violate the terms of the contract, or the state laws, was not arbitrary or capricious, and was supported by substantial evidence.

EVALUATION AND ANALYSIS OF TEXAS EDUCATION CODE SECTION 21.206

Although Sumrow ultimately abandoned his claim of violation of Section 21.206 of the Education Code, the court of appeals still opined as to why this claim is flawed.

As context, the court reminded that Texas Education Code (TEC) Section 21.206 is part of the Term Contract Nonrenewal Act (TCNA).8 Specifically, section 21.206(a) provides that, not later than the tenth day before the last day of instruction in a school year, the school district’s board of trustees must notify any teacher9 whose contract is about to expire “whether the board proposes to renew or not renew the contract.”10 If the board fails to provide a teacher with notification of renewal or nonrenewal, it “constitutes an election to employ the teacher in the same professional capacity for the following school year.”11

The Sumrow court explained Sumrow’s miscalculation of that section as follows:

Sumrow’s reliance on Section 21.206 and the TCNA is misplaced. The administrative record shows that the District did not breach a duty to provide Sumrow with notice of nonrenewal of his term contract before it expired at the end of the 2018 school year because the District did in fact renew his contract for the 2018-19 school year—an offer that Sumrow accepted, resulting in the execution of a new Term Contract for the next two school years. In school-law lingo, the District did not “nonrenew” Sumrow’s contract.

In his petition to Travis County District Court, where such cases must be filed, Sumrow raised the same two complaints he had asserted in his prior petition to the Commissioner: (1) a violation of section 21.206 of the Education Code, and (2) a violation of the terms of the contract. However, Sumrow later shed the claim of a violation of state law, presented a sole issue on administrative appeal: Whether his “[w]hile there may be legitimate reasons justifying the inclusion of the term allowing reassignment, the school district’s execution of the reassignment here, which it attempted to justify by requiring an additional certification that had not previously been required, is disturbing.”

5 See Tex. Educ. Code § 7.057(a)(2)(A) (granting right to appeal to Commissioner of Education to person aggrieved by decision of school district board of trustees that violates “school laws of this state” or violates provision of written employment contract if violation causes monetary harm to employee).

6 Sumrow alleged that changing his assignment from athletic director to teacher violated his right under Texas Education Code Section 21.206 to “be employed in the same professional capacity for the 2018-2019 school year.”

7 See id. § 7.057(d) (granting right to judicial review to person aggrieved by decision of Commissioner of Education). Review of a Commissioner’s decision is governed by the substantial-evidence rule set forth in Section 2001.174 of the Texas Government Code. See Tex. Gov’t Code § 2001.174; Poole v. Karnack Indep. Sch. Dist., 344 S.W.3d 440, 443 (Tex. App.—Austin 2011, no pet.). Under the substantial-evidence rule, review is highly deferential to the agency’s decision, and “the issue is not whether the agency’s decision is correct, but whether the record demonstrates a reasonable basis for it.” See North E. Indep. Sch. Dist. v. Riou, 598 S.W.3d 243, 251 (Tex. 2020).

8 See Tex. Educ. Code §§ 21.201-.211. Before the Legislature enacted the TCNA, a school district could choose not to renew a teacher’s term contract for the following year without providing any reason. See Grounds v. Tolar Indep. Sch. Dist., 856 S.W.2d 417, 418 (Tex. 1993). Contract renewal decisions were left to the “unfettered discretion of school districts.” Id. The TCNA, which the Legislature enacted in 1981, provides for automatic renewal of a teacher’s term contract unless the employing district provides the teacher with notice of the preestablished reasons for nonrenewal and a hearing. See id. (citing Tex. Educ. Code §§ 21.201–.211).

9 See Tex. Educ. Code § 21.201 (“teacher” is defined and includes principal or other full-time professional employee who is required to hold a certificate issued under Subchapter B or a nurse).

10 Tex. Educ. Code § 21.206(a).

11 Id. § 21.206(b).

The court added:

The Section 21.206(b) requirement to employ a teacher in the “same professional capacity” for the following school year applies only when a contract is about to expire and timely notice of nonrenewal is not given. See Id. § 21.206(a), (b); Grounds, 856 S.W.2d at 420 (recognizing that TCNA was specifically designed “to give teachers due process rights when a school district decides not to renew the teacher’s contract of employment”); see also Martinez v. Rio Grande City Consol. Indep. Sch. Dist., Docket No. 040- R303-2018, 2018 WL 4931938, at *3 (Comm’r Educ. Sep. 17, 2018) (“[T]he requirement to employ a teacher in the same professional capacity is triggered only when a contract is about to expire and timely notice of proposed nonrenewal is not given.”).12 Accordingly, the District did not violate Section 21.206.

Simply stated: Because Sumrow’s contract was not about to expire or set to be renewed, Section 21.206(b) was not applicable, and the district could not have violated Section 21.206(b). Likely recognizing this failing argument, Sumrow chose to focus his argument on the claim that his reassignment was a violation of the terms of his contract.

WRITTEN TERMS OF THE CONTRACT MATTER IN DECISIONS OF REASSIGNMENT

Most school employment term contracts contain some version of a reassignment clause.

In Sumrow, the court noted:

Section 5.3 of Sumrow’s contract expressly provided that “the District has the right to assign or reassign you to positions, duties, or additional duties and to make changes in responsibilities, work, or transfers, at any time during this Contract.” The contract contained no restrictions on the District’s right to reassign him. Nor did the contract specify what his position or salary would be. Thus, the renewed contract’s own terms permitted the District to reassign Sumrow to a new position even if the salary was lower. Therefore, the Commissioner’s determination that the District’s reassignment of Sumrow was permitted by the terms of the contract is supported by substantial evidence.13

WHAT IF THE REASSIGNMENT ENTAILS A REDUCTION IN SALARY

According to the Texas Education Code section

21.210(a), “A teacher employed under a term contract with a school district may relinquish the teaching position and leave the employment of the district at the end of a school year without penalty by filing a written resignation with the board of trustees or the board’s designee not later than the 45th day before the first day of instruction of the following school year.”

In Sumrow, the court opined:

With regard to the 2019-20 school year salary reduction, however, Sumrow was notified of the reduction in his salary long before the end of the 2018-19 school year. This was sufficient notice to comply with the requirement that a school district must inform a teacher of a reduction in pay before the teacher loses the right to unilaterally resign from an employment contract.14

CLOSING THOUGHTS

To avoid the prospective “slings and arrows of outrageous fortune,”15 districts must be mindful not to run afoul of (1) any school law (i.e., Texas Education Code section 21.206(a) and (b), etc.), or (2) any term/condition in an employee’s contract when reassigning a certified administrator position to a teaching position.

Districts should take special notice that the Section 21.206(b) requirement to employ a teacher in the “same professional capacity” for the following school year is applicable and only triggered when a contract is set to expire and timely notice of nonrenewal is not given. For multi-year term contracts that extend into the following school year, Section 21.206(b) is not applicable.

What’s more, districts ought to review their contractual provisions for the inclusion of a reassignment clause that states that the district has the right to assign or reassign the employee, transfer the employee, or make changes in responsibilities and duties at any time during the contract, or similarly specified. Importantly, the language should not restrict the district’s right to reassign the employee, nor should the contract specify position or salary. Maintaining key contract provisions, correctly stated, permits the district to reassign an employee, even to a position with a lower salary, and reduces the likelihood of a legitimate claim alleging violation of an identified contract provision.

12 See also e.g. Jenkins v. Crosby Indep. Sch. Dist. Docket No. 043-RI0-1211 (Comm’r Educ. 2013); Hughes v. Lancaster Indep. Sch. Dist., Docket No. 048-R3-0112 (Comm’r Educ. 2013).

13 Sumrow, No. 03-22-00083-CV at *4.

14 Id. at *5.

15

in this guided word of caution.

Pathways To the Profession

Dr. Cara Malone Chief of Schools

Hutto ISD

THE PROBLEM

As the fifth fastest-growing school district in Central Texas, Hutto ISD has the unique opportunity to think innovatively about staffing our schools.

Hutto ISD passed a 522 million dollar bond in May of 2023 to meet the needs of our growing community through the completion of their second high school and next two elementary schools. This growth has taken Hutto ISD from celebrating the ten thousandth student in the fall of 2023 to approximately 10,700 students in the fall of 2024, with a projected enrollment of 17,800 students by 2033-34.

While student growth brings opportunity to the district, staffing new buildings presents a challenge. Hutto ISD has an average teacher attrition rate of 18% and adds 30-40 new teaching positions annually to accommodate growth.

The Data

According to the National Education Association, the gap between the supply and demand for teachers has widened. As those entering the profession have declined across the nation, there is an increase in the need for more. In addition, many teachers choose the route of alternative certification to become a teacher, and while enrollments in programs have declined, even fewer are completing alternative programs (National Education Agency; US Department of Education, 2022).

The Charles Butt Foundation Survey since 2022 has shown high rates of teachers considering leaving the field (77% in 2022; 75% in 2023 and 78% in 2024). In 2022, of the 77% who considered leaving the profession, 93% had taken at least one step to do so (Charles Butt Foundation, 2022). Nationally, only 37% of parents say they would like their children to be educators (Education Week, 2022).

In Hutto ISD alone, there were 42 open positions at the end of August 2022, 26 vacancies at the end of August 2023 (with 46 new positions added), and 21 vacancies at the end of August 2024

(with 26 new positions and 30 repurposed positions)

Failure to find appropriately certified teachers has led Texas schools to certification exemptions largely through District of Innovation Plans. Uncertified teachers made up 52% of all teachers in Texas during the 2023-2024 school year, creating challenges that could ultimately affect student accountability and definitely affect student learning loss (Texas Tech University, 2024). While Hutto ISD has 16% of teachers on the road to certification, we are aware that this can easily increase and feel very fortunate to have 63% of our teachers with more than five years of experience.

With teachers leaving the profession nationwide, fewer experienced teachers remain in the field, and more have substandard credentials. This teacher shortage and decrease in certified teachers creates increased workloads for remaining teachers and a revolving door of teachers leaving the profession. Recent data from the University of Texas shows potential learning loss in classrooms with uncertified teachers of record, which equates to an average of 6 months in high school English and almost 4 months in high school math (2024).

This study, along with a study from Texas Tech, shows three months of learning loss in elementary math and 4 months in elementary reading unless the teacher has had some experience, such as substituting or working as a teacher’s aide (University of Texas, 2024).

Kirsten Olsen advised, “If students have a poor teacher for one year, it may take two years for a student

to catch up. If a student has a poor teacher for two years in a row, they may never catch up” (Olsen, 2009).

PATHWAY SOLUTIONS

These challenges have led Hutto ISD to respond by creating multiple pathways to the classroom. Hutto has created pathways for exploring teaching models, job-sharing opportunities, international teachers, support in the transition to teaching, clinical student teaching, teacher residency, ambassadorship, preapprenticeship, and registered apprenticeship.

New Teaching Models

Exploration of new teaching models is one way that Hutto ISD is responding. While the oneteacher-one classroom model prevails in the profession, it also creates isolation within the field. While teachers are involved in professional learning communities, they still close their doors and work primarily alone in the classroom. Programs such as Opportunity Culture and Next Generation Workforce provide possibilities for doing things differently and for creating systems that allow the certified teachers within a system to find ways to support not only each other but also the diverse needs of students within the system.

Thinking differently, such as exploring ways to divide students and teachers based on student needs instead of the traditional one-teacher-one-classroom model, can enhance differentiation and allow more time for students’ varied needs.

Job Share

Many teachers in the profession desire flexibility. Ultimately, with the profession’s demands, it is difficult for a teacher to be out of the classroom. Job sharing means having two people make one FTE, allowing two teachers to share either a classroom, such as in

elementary, or different classroom periods in secondary. Whether a person is starting a business, attending to children or a parent, or whatever the reason, job sharing allows two people to work together to meet their own needs as well as the needs of students in the classroom.

International Teachers

Hutto has welcomed twelve International Teachers over the past two years to Hutto ISD in bilingual and special education classrooms. Teachers receiving a J-1 Visa can qualify for a Visiting International Teacher certification from TEA, allowing the local district to determine appropriate classroom placement.

Clinical Student Teaching

Hutto ISD has ten clinical student teaching slots. Student teachers in these spots receive a semester stipend that includes student teaching and tutoring. Those desiring to student teach in high-needs areas can qualify for one of these stipends. Upon completing the student teaching experience, they must commit to Hutto ISD for at least two years.

Teacher Residency

Hutto ISD began a residency program with Texas State University and Region 13 using TCLAS funds in 2022-2023. To date, 61% of the residents have signed to complete their first year in Hutto ISD. The residency offers a one-year student teaching experience while students complete their university program as they work under a cooperating teacher. This program allows students the time that is needed to prepare for the classroom under the direction of a veteran teacher. Such development increases the efficacy of teachers when they enter the profession.

Hippo Ambassadors for Education

One of our greatest and most often overlooked recruiting tools lies within our own system. Hutto

ISD has begun identifying elementary school students as future teachers. Our teaching clubs on elementary campuses and summer camp are both ways students begin to envision themselves in the profession. We started this program in grades 3-5, but it will eventually expand to K-8.

Pre-Apprenticeship

In the fall of 2025, Hutto ISD will launch its first pre-apprenticeship through the high school education and training program. The preapprenticeship will work in conjunction with our Early College High School to offer two pathways (a CTE and an associate degree) to the teaching profession. Students who complete this program will have an associate’s degree by the time of high school graduation. The program aims to offer extensive dual credit coursework and/or a degree to accelerate students toward a teaching career.

Apprenticeship

Teacher apprenticeship is currently the highlighted pathway for the district and possibly the pathway with the most significant future promise. It is not an immediate solution but rather a long-term approach to meet the demand for teachers in our district. Hutto ISD joined a fellowship with five other districts in Texas during the 20232024 school year to learn about teacher apprenticeship. In January of 2024, we launched our information evening about the program. We welcomed 197 individuals who were interested in becoming teachers but just did not know the path to do so. Over 90 applied, over 70 were interviewed, and 2024-2025 has brought 67 teacher apprentices to Hutto ISD. Teacher apprentices are hired into paraprofessional positions with Hutto ISD, complete their degrees, and receive on-thejob teacher training. Additionally, Hutto ISD pays our apprentices’ tuition. Our apprentices work on campuses and are definitely future

teachers. They receive full benefits and progression of wages, and they will complete the Department of Labor recognized program as fully certified teachers. Apprentices join four different on-ramps and come to us with no hours to somewhere in between or with a completed degree. They work under the direction of one or more certified teachers and do not work in the classroom alone but with supervision. The goals of our apprenticeship program are to improve student outcomes, reduce barriers, reduce vacancies, increase educator diversity, increase educator retention, and increase economic mobility. Most of our apprentices live in the area. Thirteen of our apprentices were already employed by Hutto ISD before applying for the program, and eighteen were former Hutto High School graduates.

CONCLUSION

Staffing our classrooms is not as simple as it used to be, and how we decide to do so affects future student achievement. We have a tremendous responsibility to do our best for our students, so we have to think differently about bringing talent into our classrooms.

Resources:

• 6 Charts that Explain the Education Shortage, National Education Agency https://www.nea.org/advocating-forchange/new-from-nea/6-charts-explain-educator-shortage

• US Department of Education https://title2ed.gov/Public/ Home.aspx

• Teacher Certification at Time of Hire, University of Houston Research https://www.uh.edu/education/research/

• The 2024 Texas Teacher Poll: The Value of the Texas Teaching Profession Charles Butt Foundation,2024

• AASA NCE Session Next Generation Workforce Accelerator, NCE February 15, 2023, Brent Madden, Arizona State University

• Amid Rising Number of Uncertified Teachers, Previous Classroom Experience Proves Vital in Texas, Jacob Kirksey, Texas Tech University, 2024

• Rise of Uncertified Teachers, Michael Marder, University of Texas, 2024

• Teacher Career Pathways and Advancement Options — September 2024 SREB

• Strengthening Pathways Into the Teaching Profession in Texas: Challenges and Opportunities, Bland, Wojcikiewicz, Darling-Hammond, Wei, February 22, 2023

• Most Parents Don’t Want Their Kids to Become Teachers, Poll Finds, Libby Stanford, August 25, 2022; September 1, 2022

• Wounded by School, Olsen, Kirsten, 2009.

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Die DEI? A 2025 Reality Check

Jose Barraza

Assistant Director Human Resources

Canutillo

ISD

Public education has always evolved with policy shifts, but today, HR professionals in Texas schools face an unprecedented challenge. The debate over Diversity, Equity, and Inclusion (DEI) has moved beyond administration into political discourse, directly affecting hiring, retention, and workforce development. With the 2025 executive order eliminating DEIfocused initiatives in government agencies, the national stance has shifted toward merit-based hiring. While K-12 education operates under different governance, the message is clear: HR leaders must adapt to changing expectations while ensuring schools are staffed with the best educators and support personnel.

HR’s role is not to engage in ideological battles but to uphold fair, legal, and effective hiring practices. While DEI, as a formal initiative, faces policy restrictions, the core principles of strong hiring

and workforce development remain. The priority is hiring and retaining the best talent while ensuring equitable access to opportunities. This isn’t about politics—it’s about building a workforce that delivers the best outcomes for students.

The federal government’s stance on DEI has shifted, mandating the removal of DEI-related roles and programs within federal agencies. While these executive orders do not directly govern K-12 hiring, they shape the broader perception of DEI in public institutions. Local school boards, influenced by state leadership and community sentiment, may reevaluate their hiring and professional development strategies. HR professionals must ensure compliance while maintaining hiring practices that attract and retain top talent.

Though DEI may be disappearing from policy language, the work of ensuring fair access to opportunities continue. HR must move away from politically

charged terminology and focus on best practices: structured hiring, objective evaluations, and professional development that fosters growth. Fairness in hiring should remain a priority—without unnecessary distractions.

A key criticism of DEI has been its perceived conflict with meritocracy, suggesting that demographic factors outweigh qualifications. However, research indicates that strict merit-based systems can reinforce disparities if hiring structures fail to account for barriers to access. The American Psychological Association reports that recruitment practices lacking outreach and structural fairness often result in disproportionately lower hiring rates for qualified candidates from underrepresented backgrounds—not due to bias, but limited access to opportunity. This does not mean hiring should be based on quotas or lowered standards. It means ensuring a strong applicant pool through proactive recruitment, standardized evaluation processes, and professional development opportunities. The best hiring approach is both competitive and inclusive—ensuring all qualified candidates have an equal opportunity to compete.

With shifting policies, HR professionals must be strategic in framing and implementing hiring and retention policies. As DEI terminology becomes legally and politically sensitive, school districts must focus on compliance and results. Ensuring all hiring decisions are legally defensible is crucial, as scrutiny increases. Documentation and transparency will be essential in avoiding legal challenges and maintaining credibility. At the same time, broad and competitive recruitment

strategies must remain in place. While DEI-specific programs may be phased out, outreach efforts should not shrink, as casting a wide net remains key to hiring the best talent.

Retention must also evolve—strong hiring alone is not enough. The best workforce is built through leadership development, mentorship, and professional growth opportunities. High-performing employees need clear career pathways or they will leave for districts that provide them. Regardless of political shifts, districts that fail to retain top talent will struggle to meet student needs. Workforce development must remain a priority. School boards and administrators must recognize that hiring for educational excellence is not a political issue—it’s an operational necessity. By keeping HR efforts focused on student outcomes rather than ideology, HR

professionals can drive meaningful results. The conversation around DEI is shifting, but the goal of hiring and retaining the most effective educators remains unchanged. Texas HR professionals must navigate policy changes while ensuring hiring and retention strategies support student success. This requires refining practices, maintaining merit-based and legally sound policies, and attracting and keeping the strongest talent. Schools will not succeed by reacting to political trends—they will succeed by upholding strong, transparent, and results-driven HR practices.

At the end of the day, HR’s job is not to engage in political fights—it’s to build and sustain a workforce that improves student outcomes.

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PROFESSIONAL LEARNING

One Step at a Time

Providing a Reasonable Accommodation in Three Stages

Crystal Hernandez Walsh Gallegos Kyle Robinson & Roalson P.C.

Finding yourself stuck in the processing of a request for a reasonable accommodation from an employee? Where to properly begin? When does it end? And how to navigate the in-between? This article will walk you through the essential process of providing a reasonable accommodation from start to finish.

The Americans with Disabilities Act (ADA) is a federal law that prohibits employers from discriminating against a qualified individual on the basis of disability. Discrimination includes “not making reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability” unless the employer can demonstrate that the accommodation would

impose an undue hardship.1 An employee’s request for reasonable accommodation sets off a legal process. We recommend you proceed in the following stages: 1) assess whether you have a “qualified individual”; 2) engage in an interactive process; and 3) implement the reasonable accommodation, with a plan to follow up.

The first step is to consider whether you received a request from a “qualified individual.”

It is important to note that requests for accommodations do not need to be in writing. A request can be made in plain English and doesn’t need to reference the ADA. The employee doesn’t even need to use the magic words “reasonable accommodation.” A request for accommodation could be an instructional aide informing their supervisor that her wheelchair cannot fit under her desk. Another example could be a maintenance foreman informing their supervisor

1 42 U.S.C. § 12101; Demarce v. Robinson Property Group Corp., 642 Fed.Appx. 348 (C.A.5 (Miss.), 2016).

2 Picard v. Tammany Parish Hosp., 423 Fed.Appx. 467 (C.A.5 (La.), 2011).

3 42 U.S.C. § 12102; Id.

that he needs six weeks off to address a back issue. Nonetheless, even if not brought to you in writing, it is a good practice to document a request, including the date, via follow-up written communication to the employee.

The person making the request must be a “qualified individual,” meaning a person with a disability who, with or without the reasonable accommodation, can perform the essential functions of their job.2 The duty to provide a reasonable accommodation applies when an employee has an impairment that substantially limits a major life activity, such as breathing, walking, hearing, seeing, sleeping, concentrating, and performing manual tasks.3 At times, a disability can be evident and presents no need for further assessment; other times, a disability is not so apparent.

The ADA applies to persons who have substantial, and not minor, impairments or who have had a record of such impairments. In some cases, the district may need to ask the employee to explain the nature of the disability and the functional limitations it has caused in relation to work to help identify the reasonable accommodation. If a district has any questions of whether an employee seeking accommodations is a “qualified individual” for purposes of the ADA, it is recommended that it consult with its legal counsel before making any determination to not engage with the employee in the interactive process which is addressed below. If an individual has a disability, the next step would be to determine whether

they require a reasonable accommodation to perform the essential functions of their job. This process is explained in more detail below.

If so, the next step is to engage in the interactive process to find a reasonable accommodation.

When an employee with a disability makes a request for an accommodation, the ADA calls for an interactive process between the employee and the employer.4 The interactive process consists of a meaningful dialogue between the employer and the employee to find the best means of accommodating that disability.5 This process is not to be overlooked as it can create liability for an employer when the employer fails to engage in the interactive process. For this reason, it is recommended to thoroughly document these interactions to reflect the district’s efforts to seek and provide the employee with their required reasonable accommodation.

Since the solution will be specific to the individual’s needs and the job functions in question, the law defines “reasonable accommodation” broadly as one that allows an employee to perform the essential functions of their job.6 A reasonable accommodation may include:

A. making existing facilities used by employees readily accessible to and usable by individuals with disabilities; and

B. job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, appropriate adjustment or modifications of examinations, training

4 Id. 5 Id.

6 E.E.O.C. v. LHC Group, Inc., 773 F.3d

materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.7

By way of example, a reasonable accommodation in the school district setting could include making the entry of a gym or classroom more accessible to and usable by a teacher in a wheelchair or temporarily reassigning an Inclusion Teacher with an injury impeding her movement.

The interactive process is the opportunity to clarify what the individual with a disability needs and to identify the appropriate reasonable accommodations, if any. As the employer, the district needs to know what difficulties the individual is having in the workplace. To that end, the individual needs to be able to describe the problems posed by any workplace barriers. Suggested accommodation from the individual employee may even aide the district in determining the reasonable accommodation. Determining a reasonable accommodation may entail multiple attempts to gather information, communicate and offer and/or consider different proposed accommodations. Thus, the interactive process requires mutual communication to determine the best reasonable accommodation.

Note that an accommodation must be reasonable, not preferred. The ADA doesn’t guarantee employees their preferred accommodations. Ultimately, the district has the discretion to choose between effective accommodations. The district may choose the less expensive accommodation or the accommodation that is easier to provide.8 Moreover, as noted

above, an accommodation is not reasonable if it imposes an undue hardship on the operations of the district. Once the reasonable accommodation has been identified, be sure to thoroughly document the decision, along with a plan for implementation.

Rinse, wash, repeat.

While you might be tempted to consider the matter resolved once you have provided a reasonable accommodation, the interactive process should include an ongoing assessment of how the accommodation is being implemented. It is recommended to make a note or create a calendar reminder for yourself to check in with the employee at a later date regarding how the reasonable accommodation is working out and whether any adjustments need to be made and document these efforts. If the employee reports that the accommodation is no longer effective, engage in the interactive process again, and continue to repeat the steps to maintain a reasonably accommodating and healthy workplace environment.

Finding and providing reasonable accommodations requires several components that are best managed one step at a time, with thorough documentation of each step along the way. Remember, even with full understanding of the accommodation process, some circumstances may not be clear cut. As such, it is strongly recommended to consult with your legal counsel throughout every step of process to analyze specific scenarios, avoid further complications, or just double check your assessments. These processes can easily become complicated, so it is important to utilize legal support and guidance.

2009).

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Driving Continuous Improvement through Strategic Planning and Alignment in HR

Eddie Curran Chief Human Resource Officer

Round Rock ISD

Anyone who has worked in a school district HR department knows how many transactional processes are involved in supporting employees daily. All good systems run on well-developed and consistent processes, and the best HR departments run on well-designed Standard Operating Procedures, handbooks, and guidelines. As much of our work relates to compliance with federal, state, and district law and policy, transactional work and processes can easily dominate our and our employees’ daily tasks.

Round Rock ISD is a large suburban school district just north of Austin. We serve approximately 47,000 students across 56 schools, including 7 high schools, 11 middle schools, and 35 elementary schools. We are a district of over

6,300 employees and hire about 1,300 employees annually. We are also proud to be the home of the 2025 Texas Secondary Teacher of the Year!

I joined the district as the Chief Human Resources Officer in the fall of 2021. Before starting, I had some idea that the work the district HR department was facing, was similar to that in other school districts across the state. We were all in the middle of the pandemic, writing and rewriting COVID protocols, providing guidance to principals on how to address employees regarding masks, and trying to staff in-person and virtual learning programs. The Round Rock ISD HR Team also supported typical transactional processes, including general staffing & recruitment issues, compensation, personnel records, performance management, training and development, and leave and benefits to name but a few. I was fortunate to inherit an experienced

and hard-working staff with much expertise in HR processes. What was not clear at the time was the department’s readiness to approach post-pandemic challenges around staffing and ensuring we were supporting our employees as needs evolved.

So what were these challenges? We had an overall increasing teacher and staff turnover, with fewer applicants for vacant positions. We also were experiencing rising health insurance costs, increasing staff absences and lower substitute fill rates, general inflationary pressures in terms of cost-ofliving as well as overall district budgetary pressures. In addition to these general challenges, the department lacked systems and relied on expertise and experience rather than documented processes. Indeed, knowledge was siloed according to job function, with little shared understanding and collaboration opportunities

within the department. Mining data to look for trends and progress monitor required a lot of time and effort. Lastly, there was a lack of available ongoing feedback from teachers and staff, one example of which led to a lack of awareness of potential turnover/retention issues, with awareness only becoming apparent when the end-of-year climate survey or employee exit survey results became available.

In 2021-22, the district also had a new superintendent and experienced turnover in key positions at the district leadership level, meaning that district priorities were about to change! I knew we would have to modernize, become agile, and be responsive to those new challenges. Knowing that and with so much of our time devoted to completing transactional tasks, how would we find the time to think and act strategically to address these challenges? Moreover, how could we ensure that the HR department functional teams were aligned and empowered to support current and future work? The reality was, that the HR staff was in “survival” mode, spending much of their time addressing employee issues, errors, and requests. Additionally, the existing district strategic plan was almost 10 years old, and while an employee-focused performance objective had been established in that plan, no specific action items, strategies, or timelines had been created that were associated with that objective.

It became quickly evident that we would need to rethink the work in HR if we were going to be able to meet the challenges. We quickly established a simple, common mission for the department to rally around. We shared with staff that the purpose of our HR department was to put systems in place to ensure that every student had a quality educator in front of them every day. Having that single focus immediately allowed us to align our efforts around a single purpose. We knew the importance of having a meaningful mission, and that connecting our work to the students themselves connected our work to the larger purpose of the district. Once the mission was established and articulated came the organization of duties - did we have our resources in the right places to help us ensure the success of our mission? Lastly, it was evident that department goals should be developed. Our HR team needed clarity on where the areas of focus were for the department, and goals that were aligned with the district performance objective would support that: We knew we had to create alignment to the objective and goals; we referenced them often and connected them to concepts within HR trainings, staff and leadership meetings, even when presenting to the School Board.

Everyone needed to understand our purpose!

On reflection, our initial efforts were reactive to the immediate challenges, since quick action was needed in most respects to help us move the district forward. Some examples of these efforts were that we developed an educational assistant-to-teacher pipeline, launched a program that allowed teachers to be paid extra duty pay when covering for absences when substitutes weren’t available, implemented retention and longevity incentives, and launched a listening tour that provided us feedback from teachers directly. Adding extra programs within the department came with some unintended outcomes; there was an increase in staff turnover as areas of responsibility changed, workloads increased and department goals and areas of focus changed. Moreover, the creation of new programs on a short timeline did not allow for much engagement and input from other stakeholders. This meant that while all of these programs were well-intentioned, they landed as an HR solution rather than a district solution - in some cases, they did not survive beyond the first year.

The following year, we started to rethink our approach to change. With virtual learning being in the rearview mirror and the district stabilizing after the pandemic, we were able to devote more time to department goal-setting and perhaps more importantly, connecting those goals with the overall district goals. We intentionally dedicated time and energy to sharing and synthesizing these goals within the HR department, as well as with stakeholders outside of the department. This ensured that there were stronger connections with our work across the district, we enjoyed greater advocacy for those goals outside of our department, and we created an environment where those goals became larger than just those of HR but were shared across the district. We openly talked with principals about their role in recruiting and retaining staff at their campuses for example, and encouraged them to develop campus-specific recruiting approaches. Several of the programs that were implemented the previous year were refined, and aligned with the new goals, while those that were not were discontinued.

Creating shared goals and communicating those often within the department fostered greater cohesiveness and also allowed our HR functional teams to begin working together on shared programs that were responsive to those goals. Over time, this intentional collaboration moved these teams out of siloes and created cross-functionality that allowed for system and process improvements within the department

also. This meant that our transactional work became more efficient, thus creating more time for strategic work! Teams shared perspectives and learned more about other functions within the department, which in turn empowered staff with knowledge and new skills which in some cases led to them advancing within the department.

By 2023-24, the HR department looked very different from how it did two years prior. We had taken the goals from the year prior, developed a department improvement plan with specific action items and associated strategies, developed progress monitoring tools, and expanded the leadership capacity within HR by creating extended leadership training opportunities focused on project management and leadership development. Department teams owned the goals and strategies within their functions, had responsibility for progress monitoring, and shared their progress towards attaining their goals through staff meetings and huddles. We created an HR dashboard, which showcased our metrics and KPIs, and those became a point of pride for teams as they shared their work with others. As new programs from the previous two years matured, they were supplemented by new initiatives that were tied to the goals, while the focus on streamlining and creating efficiencies helped create space for staff to spend more time on strategic work. Staff turnover, which had peaked during the first year, had significantly reduced and staff culture and morale increased as employees became more engaged in the direction of the department.

In the last three years, the Round Rock ISD HR department has morphed into a goal-oriented team driven by data, performance metrics, and reporting. Our staff know and understand the data and can speak to their personal growth goals, how those impact the department goals, and how those goals support the strategic plan of the district. We still

work hard, but there is greater alignment between teams, a shared understanding of the purpose, and opportunities for collaboration between teams, with improved results and a greater likelihood that new programs will be sustained over time.

So how do you drive continuous improvement through strategic planning and alignment in HR? A few key takeaways:

1. Focus on your mission and make sure your team is aligned and focused on the same mission!

2. Identify your priorities according to that mission and make sure that your resources (people, funding, and technologies) are aligned with those priorities.

3. Develop department goals that will help you achieve the mission, and share those goals with all.

4. Align the work your teams are currently completing with the goals - this helps combat feelings of being overwhelmed that often arise when new programs are launched, while also creating alignment, focus, and the sense that individual work is contributing to the overall purpose of the department.

5. Build data and reporting tools - to progress monitor you need metrics and KPIs. Those metrics should be reviewed, monitored, and celebrated at all levels within the department and shared with those outside of HR.

6. Look for intentional ways to build capacity in your staff - you can’t do the work alone.

7. Constantly identify opportunities to streamline and create efficiencies in workflow and processes to free up time to think big.

8. Share and celebrate your story and your wins!

Your advocates for excellence in education

Teacher Rights in Texas Creatively

Using Your DOI to Increase Your Flexibility

Rebecca Bailey & Holly McIntush Thompson & Horton LLP

Texas is a big state, y’all. We have districts with more than 189,000 students and fewer than 20 students. The diversity in Texas is something to celebrate. But the one-size-fits-all approach in the Texas Educate Code doesn’t always meet these diverse needs. That’s precisely why the District of Innovation (DOI) concept was introduced by the 84th Texas Legislature through House Bill 1842 in 2015. It allows traditional independent school districts in Texas to operate like an open-enrollment charter school by allowing districts to apply for exemptions from certain Texas Education Code (TEC) provisions. The idea was to increase local control over district operations by allowing districts to implement policies that suit local needs.

If you haven’t had the time to sit down and read the education code to identify HR requirements to consider for your DOI (beyond those you see in most DOI plans), don’t fret. We’ve done it for you! Below are some areas – common and rare – for your HR departments to consider for your District’s DOI plan.

Although the possibilities of your DOI seem endless, you do want to carefully consider the financial or other unintended consequences of an exemption and what your community will tolerate. And there are still many sections of the Education Code that are not subject to exemption:

• State law applicable to open-enrollment charter schools operating under TEC Chapter 12;

• Parts of TEC Chapter 11 (Subchapters A, C, D, and E except § 11.1511(b)(5) and (14) and 11.162;

• State curriculum and graduation requirements in Chapter 28;

• Academic and financial accountability and sanctions in Chapter 39; and

• A more specific and lengthy list in 19 T.A.C. § 102.1309.

And, of course, you cannot exempt yourself from federal constitutional and statutory requirements!

To guard against those unintended consequences and any negative reaction by your community, we recommend transparency in the initiation/

amendment process and giving strong consideration to your stakeholders’ input

KEY AREAS OF FLEXIBILITY

1. Teacher Employment Contracts (TEC §§ 21.002, 21.102, and 21.401)

Although you could exempt your District from Chapter 21 contracts altogether (and the headaches they sometimes cause), we recommend you consider narrower ways to accomplish your goals. For example, probationary contracts can be extended to give new teachers more time to learn and demonstrate their growth and effectiveness. Additionally, districts can reduce the number of contract days for teachers, provided they meet the minimum instructional minute requirements. This can be particularly beneficial for late hires and overall scheduling!

2. Terminations, Nonrenewals, and Suspensions Without Pay (TEC §§ 21.104(b) and 21.211(b))

Here’s a good one. Most of you have experienced that teacher who just engaged in the most egregious misconduct, and yet you’re stuck paying that employee to sit at home since suspensions-withoutpay are afforded the same Chapter 21 hearing rights as terminations. Meanwhile, you’re scrambling to find a substitute or figure out how to shuffle current staff to meet those vacant needs. Why not give your district the ability to make swift employment and financial decisions, particularly in cases of serious misconduct or allegations covered in the Educator Code of Ethics? To us, this one is a no-brainer – and really shouldn’t generate controversy if your primary intention is to protect students and maintain a safe learning environment (and we know it is!).

Initiating the termination and nonrenewal process can be time-consuming, inefficient, and expensive. Your DOI gives you an opportunity to design your own termination and nonrenewal process—as long as you provide the due process required by the Constitution. For example, you could have appeals reviewed by the Board, a staff member, or another delegated thirdparty review. Or districts could simply delegate (in part or whole) the duty in TEC § 11.1511(b)(14) that the board makes all decisions relating to terminating or not renewing the employment contracts of Chapter 21 employees.

3. The Penalty-Free Resignation Deadline (TEC §§ 21.105, 21.210)

Why not extend the penalty-free resignation deadline from 45 days to 60-90 days to give your HR departments more time to recruit and hire qualified staff? Yes, please!

4. Teacher Certifications and Qualifications (TEC §§

21.003, 21.051, 21.053, and 21.057)

The DOI designation also allows districts to hire the best candidates for hard-to-fill positions, regardless of their certification status, except in special education and bilingual areas. This flexibility is crucial in addressing the shortage of highly qualified teachers in specific fields. But if you do this, consider exempting the District from the parental notice requirements in TEC § 21.057. Districts can also exempt themselves from the requirement of 15 hours of field-based experience for teacher candidates in TEC § 21.051, providing more leeway in recruiting and hiring those with expertise in unique trades and vocations.

5. School Counselors (TEC § 33.002)

Districts must employ at least one school counselor certified by SBEC for every 500 elementary school students in the district. But maybe your community would be better served by the wrap-around services a licensed social worker provides. An exemption would allow you to hire mental health professionals licensed through the Texas State Board of Social Workers or the Texas State Board of Professional Counselors.

6. Local Appraisal System (TEC §§ 21.203, 21.352, 21.354, and 21.3541)

There are many ways to document good and poor performance outside T-TESS, the formal evaluation process in Texas. T-TESS can be unnecessarily burdensome to teachers and administrators. An exemption allows local appraisal systems to be tailored to the district’s needs, reducing the burden of state-prescribed evaluation requirements. This allows for more straightforward documentation of teacher and administrator performance.

7. The Duty-Free Lunch/Teacher Planning and Prep Time (TEC §§ 21.404 and 21.405)

Teachers are entitled to at least 450 minutes every two weeks for instructional preparation. Some teachers would give up those minutes to teach an extra class in exchange for more pay. However, the Commissioner has said this is prohibited even when teachers volunteer to give up their minutes. An exemption could allow teachers to request that their planning and preparation periods be altered—a request you’d certainly approve if they’re offering to teach a class that still has no consistent teacher! The same is true for the “duty-free lunch” requirement. An exemption would give districts the flexibility to assign additional duties to teachers based on district needs. And you can work with your teachers to craft language for your DOI plan that they will support!

8. Furloughs (TEC §§ 21.4021 and 21.4022)

State law dictates how districts implement a furlough

program. Through your DOI, furlough policies can now be locally controlled, allowing districts to make decisions that reflect the views of their local communities.

9. Staff Development (TEC § 21.451)

State law requires staff development for educators to be predominantly campus-based. This same law dictates the staff development topics the state requires educators to receive. Shouldn’t the local school district determine the location and topics it believes best meet the needs of its staff? The lawyers in our office always consider the district’s needs and talk with leadership when asked to do training. An exemption would allow you to customize staff development to your district’s needs rather than adhere to state-mandated topics. We’ve heard this is particularly essential when training new employees and rolling out new curriculum and initiatives.

10. Mentors (TEC §

21.458)

The state sets eligibility requirements for teacher mentors and mentees. According to the state, mentees are teachers with less than two years of teaching experience, even though a teacher at any level benefits from having a mentor. An exemption would give districts the option to assign mentors to teachers anytime the need presents itself.

CONCLUSION

Did you realize the power of your DOI designation? The possibility of tailoring your district’s operations to meet local needs is pretty cool. With all of these options, you will want to work closely with those who know your community best and, of course, your favorite school lawyer. By adopting a DOI plan, districts can innovate and improve their educational offerings, ultimately benefiting students, teachers, and the community.

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Join us again in Fort Worth for our

Advocacy Committee Update

BRIAN KROEGER SPLENDORA ISD

The Texas Legislature officially began the 89th legislature on Tuesday, January 14, 2025. The session officially ends on June 2, 2025. Governor Abbott is again making “School Choice” the main priority of the upcoming session. It is worth noting that the 88th Legislature wrapped with almost no benefit to public education. With no new money to school districts, many school districts were forced to adopt deficit budgets while the state of Texas sat on top of a $32.7 billion dollar surplus. We in the advocacy committee will continue to monitor bills, alert membership to any potential bills that could negatively impact public education, and will once again have TASPA’s Day at the Capitol on March 6, 2025. We can note that at this time SB2 has been passed from the Senate, which is a school choice bill. It now is in the House. It will be a long 140 days, buckle up.

EDDIE CURRAN ROUND ROCK ISD

Board Member Spotlight

Eddie has worked in K-12 HR since 2013, serving as CHRO in Round Rock ISD since 2021. He is a workaholic and loves being CHRO, but his most important role is being a husband to Hanna and dad to Grace.

ADVICE TO THOSE NEW TO HR:

Connect with your HR peers locally and through TASPA as soon as possible, ask lots of questions, don’t believe everything you hear and keep your sense of humor!

CURRENT CHALLENGES IN YOUR DISTRICT:

Fewer qualified candidates for teaching and other roles, inflationary pressures related to compensation, affordable housing issues and health insurance cost increases.

HOW HAS TASPA BENEFITED YOU?

Building a network of trusted colleagues through TASPA has been critical for my own development as an HR leader.

Texas Tuition Promise Fund® – the State’s Prepaid College Tuition Plan

As dedicated professionals at public schools, you play a vital role in shaping the future of our children, and we know you care deeply about their success. The Texas Tuition Promise Fund® (TTPF) is here to help support your students’ higher education journey. TTPF is the state’s prepaid college tuition plan administered by the Texas Comptroller of Public Accounts. We want to help empower families to plan for their child’s future education by sharing this valuable resource with them.

TTPF allows families to lock in today’s prices for tomorrow’s undergraduate resident tuition and schoolwide required fees at Texas public colleges and universities, and the Transfer Value of the plan can be used to pay these costs at medical and dental schools, Texas private colleges and universities, outof-state colleges and universities, career schools, and registered apprenticeship programs.1 2

Our flexible payment options fit almost any budget, and withdrawals are tax-free when used for qualified education expenses.

And – as an added benefit – the Texas Match the Promise FoundationSM awards unique scholarship opportunities to eligible third through ninth graders who are enrolled in TTPF and meet other criteria.3

We know you’re busy, so we make it easy!

Our Outreach Team can provide informational materials for your schools, conduct webinars, make in-person presentations and more. Contact us at TuitionPromise@cpa.texas.gov or 800-531-5441, ext. 3-7570 for more information.

1. Transfer value is limited to the lesser of: (1) the cost the tuition units would cover at a Texas public college or university; or (2) the original purchase price of the tuition units plus or minus the plan’s net investment earnings or losses on that amount

2. Residency restrictions apply.

3. Residency restrictions, age requirements, eligibility criteria and minimum contribution requirements apply.

The Texas Tuition Promise Fund® (“Plan”) is administered by the Texas Prepaid Higher Education Tuition Board (“Board”). Orion Advisor Solutions, Inc. is the manager of the Plan, which is maintained by Catalis Regulatory and Compliance, LLC, who is not affiliated with Orion. The Plan and the Board do not provide legal, financial, or tax advice and you should consult a legal, financial, or tax advisor before participating.

Non-residents of Texas should consider whether their home state, or the beneficiary’s home state, offers its residents any tax or other state benefits such as financial aid, scholarship funds, and protection from creditors that are only available for participants in that state’s plan.

Participation in the Plan does not guarantee admission to or graduation from any college or university. Only the purchaser may direct redemptions, withdrawals, changes in beneficiary, or other contract changes.

You may lose money by participating in the Plan. No part of a contract is a deposit or obligation of, or is guaranteed or insured by, the Board, the state of Texas, or any agency or agent thereof. The contracts have not been registered with or approved by the SEC or any state. Purchasers should carefully consider the risks, fees, charges, and expenses associated with contracts, including Plan termination and reduced Transfer or Refund Value. Transfer Value applies to redemptions at Texas private colleges and

universities, out-of-state colleges and universities, medical and dental schools, career schools, and registered apprenticeship programs and is the lesser of: (1) the costs the units would cover at a Texas public college or university; or (2) the original purchase price of the units plus or minus the Plan’s net investment earnings or losses on that amount. Texas Match the Promise Foundation SM scholarships can only be used at Texas public colleges and universities, and any Transfer Value of a Match the Promise Foundation scholarship account cannot be utilized.

The Plan Description and Master Agreement contain this and other information about the Plan and may be obtained by visiting TuitionPromise.org or calling 800445-GRAD (4723), option 5. Purchasers should read the Plan Description and Master Agreement, and all other Plan documents carefully before purchasing a contract.

© 2024 Texas Prepaid Higher Education Tuition Board. “Texas Tuition Promise Fund” is a registered mark of the Texas Prepaid Higher Education Tuition Board. All rights reserved.

Retaining Excellence: Unpacking the TIA’s Impact on Retention

Sharolyn D. Chitwood, Ed.D.

Fort Worth ISD

Numerous studies have shown that teachers are the most critical factor in student achievement and positive student outcomes (Alger, 2014; Allegretto & Mishel, 2018; Cater, 2017; Swain et al., 2019). Nonetheless, increasing teacher turnover and low enrollment in teacher preparation programs have created a shortage in districts across the United States, especially in high-need subjects and schools (Carver-Thomas & DarlingHammond, 2017; Pellerin, 2020; Podolsky et al., 2016; Podolsky et al., 2019; Sutcher et al., 2016, 2019; Wiggan et al., 2020). Schools struggle to attract, hire, and retain teachers, particularly in highpoverty urban and rural schools serving historically marginalized populations (R. M. Ingersoll & May, 2012; Rude & Miller, 2018; Sutcher et al., 2016, 2019).

The National Center for Educational Statistics (2023) identified 37% of public schools have teaching vacancies. In 2024, 74% of K-12 Schools reported hiring challenges (National Center for Educational Statistics, 2024). A Gallup Poll conducted in 2022 showed 52% of K-12 teachers are burned out. The 2022 Texas Teacher Poll administered by the

Charles Butt Foundation revealed teachers felt undervalued, underpaid, and overworked. Of the teachers randomly surveyed, the percentage of teachers who seriously considered leaving the profession was 77%, and 93% of those who considered leaving took at least one step to go, such as searching online for other jobs, updating their resumes, interviewing for different positions, and enrolling in classes to prepare for another career (Charles Butt Foundation, 2022). The national teacher turnover rate is 16%, and Texas’s turnover rate is 17.7%, which clearly identifies the struggle to retain teachers in Texas.

In response to an open-ended Merrimack College (2022) survey question, a teacher declared,

We are at the tipping point. . . . We are tired, we are underpaid and worried about the valuable staff we need, such as paraprofessionals, who are paid even worse. We cannot continue in this way. . . . We are tired. (p. 5)

High teacher turnover and a pervasive teacher shortage has the education industry investigating new ways to attract and retain talent. Texas, specifically, has invested in compensating teachers for performance in hopes of retaining top teachers in the

classroom through the Teacher Incentive Allotment (TIA), which was established and authorized by the 86th Texas Legislature (Texas Education Agency [TEA], 2022c). The intent behind TIA is to recognize and reward teachers for the work already being done and at the same time encourage them to work in schools that need them most (Lee et al., 2021; TEA, 2022c).

TEACHER SALARIES

Teachers are typically paid on a step-and-ladder salary schedule focused on years of experience rather than on student performance or teacher specialization. This leads to a wage gap between teachers and comparable college-educated professionals. In fact, American teachers are paid about 20% less than comparably skilled college graduates in the workforce (Hanushek & Policy Ed, 2019). Along with other factors, low salaries have led to a loss in attractiveness in the education profession, and thus, universities are offering fewer preparation programs. This creates a cycle of districts having to hire less qualified individuals to teach, and the schools that suffer most are those serving students of color and of poverty.

TEACHER TURNOVER

According to the National Center for Educational Statistics (2024), about 1 in 6 teachers are leaving their school or profession annually. Teacher turnover impacts three main areas: student and school performance, social and

professional culture, and district finances and resources.

Financial Impact to Districts

Many school districts in Texas are experiencing decreased enrollment, which affects the districts operating budget. Turnover impacts district operating budgets directly. The cost of replacing a teacher includes expenses and human capital hours related to processing separation, recruiting, hiring, and training new teachers. Many new teachers need additional professional learning and induction support.

Using the Learning Policy Institute’s interactive tool, “2024 Update: What’s the Cost of Teacher Turnover,” districts can determine an estimate of how turnover is costing a district. For example, a large district (more than 50,000 students) may have a turnover of 300 teachers. The estimated cost of turnover would be nearly $7.5 million dollars; thus, cutting turnover in half could save the district nearly $3.7 million dollars.

A medium sized district (10,00050,000 students) who turns over 75 teachers would expect to pay $1.2 million, and a small district (under 10,000 students) who turnover 10 teachers would expect to spend $118,600 in turnover costs.

Interactive tool: https:// learningpolicyinstitute.org/ product/2024-whats-cost-teacherturnover

Changing attrition would reduce the projected shortages more than any other single factor (Sutcher et al., 2016, p. 2).

WHY TEACHERS LEAVE

Public school districts determine their teachers’ salaries, and teachers are typically paid based on the salary schedule regardless of teaching assignment or content area (Alger, 2014; Blackburn,

2021). A 5th-year monolingual Pre-K teacher earns the same salary as a 5th-year bilingual high school physics teacher. Neither student performance nor teaching specializations are considered in the traditional step-and-lane salary schedule (Alger, 2014; Blackburn, 2021).

Dissatisfaction with low salaries is often cited as a reason for teachers leaving the profession (Blackburn, 2021; R. M. Ingersoll, 2003; R. M. Ingersoll & May, 2012; R. Ingersoll et al., 2019; Merrimack College, 2022; Podolsky et al., 2016; Sutcher et al., 2016). In a study by Ingersoll and Purda, dissatisfaction was the reason identified by 48% of teachers leaving the profession, followed by family or personal issues.

Teacher salaries directly impact the attractiveness of the teaching profession (Adamson & DarlingHammond, 2012; Sutcher et al., 2016, 2019); they influence decisions to enroll in teacher preparation programs, to become teachers post-graduation, to return after career interruptions, and to remain in the teaching field (OECD, 2021). Between 2010 and 2018, teacher preparation programs experienced a 36% decline in enrollments and an approximate 28% decline in completion rates (Elsayed & Roch, 2023; Partelow, 2019). Furthermore, high school students are less interested in pursuing a career in education (Elsayed & Roch, 2023). Teacher salaries also influence teacher attrition and turnover, which impact the teacher shortage (Adamson & Darling-Hammond, 2012; Loeb et al., 2005; Podolsky et al., 2016; Podolsky et al., 2019; Sutcher et al., 2016, 2019). Podolsky et al. (2019) stated 67% of public school teachers who left education identified an increase in salary as one of the top influencing reasons. In the 2022 Voices from the Classroom Survey (Educators for Excellence, 2022),

78% of respondents believed a higher salary would improve teacher retention. Carver-Thomas and Darling-Hammond (2017) posited earning potential was the primary indicator in reducing teacher attrition. Higher-paying public school districts were approximately 31% more likely to retain teachers than lower-paying districts (Carver-Thomas & DarlingHammond, 2017).

THE TEACHER INCENTIVE ALLOTMENT

House Bill 3 (HB3) was a historic school finance bill passed by the 86th Texas Legislature and signed into law by Governor Greg Abbott on June 11, 2019 (TEA, 2022b, 2022c). HB3 authorized the Teacher Incentive Allotment (TIA), which was designed to provide a realistic pathway for Texas’s top-performing teachers to earn a six-figure salary. The stated goals of the TIA are to attract and retain highly effective teachers in hard-to-staff schools in rural and high-poverty areas (TEA, 2022c, 2022d). Rather than encouraging teachers to “work harder,” the TIA is designed to identify the highest-performing teachers and substantially reward them, which is directly aligned with the incentive motivation theories outlined earlier in this chapter (Lee et al., 2021; TEA, 2022c, 2022d). The TIA funds are written into statute, which allows for sustainable funding. TEA (2022d) stated there are no caps on teacher designations or allotment funds.

The TIA provides three designation levels: Recognized, Exemplary, and Master. Recognized teachers represent the top 33%, exemplary the top 20%, and master teachers the top 5% teachers in Texas. There are 1,270 school districts in Texas, which employ over 380,000 school teachers. As of December 2024, about 6.5% of Texas teachers are TIA Designated. Last year, $290 million dollars was paid to teachers in additional compensation

through the TIA.

LESSON LEARNED: WHY TEACHERS STAY

In a 2024 dissertation study (Chitwood, 2024), designated teachers in a large urban district were interviewed to understand what impacts their decision to stay in the classroom, on their campus, and in the district. The teachers serve students of varying socioeconomic and linguistic backgrounds. Because the study occurred after the first year payout year, the participants were limited to the district’s first cohort, which were teachers in middle and elementary levels who taught reading or math (there were no high school teachers in the study). Additionally, most of the participants had more than 10 years of experience in the classroom. Three major themes developed: connectedness, administrative support and compensation.

Connectedness

Connectedness included teacherstudent relationships, community connections, campus engagement, and peer relationships. Teachers expressed a love and true joy working with students. One participant stated, ““The thing I love the most are the kids. Why would I take myself away from that?”

Teachers felt their peer and community relationships were rooted in a shared vision of student outcomes as well as a

genuine desire to see each other succeed. One of the participants shared, “These are my people. This is who I was meant to be a part of and to serve.”

Administrative Support

Some participants described administrative support as developing a positive school culture focused on improving teachers and student outcomes. Another participant described administrative support as having a kind leader with a passion for students who coaches and provides instructional leadership that inspires them. Other participants described administrative support as trust in the form of more autonomy to do what she believed would best benefit her students. While described differently by each teacher, the support provided was focused on doing what is best for students.

Compensation

The previous themes, connectedness and administrative support, underscored why teachers stay in the classroom and in their schools, but the initial attractiveness to the district and what has encouraged them to remain has been competitive compensation. The teacher participants gave conflicting answers as it related to the TIA and its influence on their motivation to remain in the district. However, they all expressed an appreciation for the allotment and that it has

helped “ease” their minds when considering future financial decisions, such as helping their own kids attend college or retirement.

Additional studies are recommended to determine if the TIA is having a broader impact on retention, especially in teachers earlier in their careers and in districts of different sizes.

RETENTION STRATEGIES

Teachers tend to stay where the feel valued, connected, and supported. Districts should prioritize supporting teachers and building positive cultures that nurture connects, relationships, and professional growth. Additionally, Districts need to involve teachers in decisions that affect the school community. The private sector consistently uses incentive pay as a retention strategy (Gerhart & Fang, 2015). The TIA was designed to recognize and reward the highest performing teachers in Texas and is available, with application and approval, to any Texas school district to utilize as a recruitment and retention tool (TEA, 2022c 2002d). For a well-rounded retention strategy, the TIA should be integrated with the other influencing factors to strengthen retention efforts.

*Citations available upon request

2024 pHCLE Cohort Recap

During the 2024 Winter Conference, TASPA partnered with Experience Management Institute (EXMI) to offer a blended learning cohort leading toward certification as a Professional Human Capital Leader in Education (pHCLE).

Participation in the cohort included two days of in-person learning on December 11-12, 2024 at The Worthington Hotel in Fort Worth, followed by self-paced online learning. Cohorts members were also able to participate in TASPA Winter Conference events including conference meals, receptions, after-hours events, and a breakout and general session on Friday.

Eighteen individuals took part in this professional growth opportunity. The cohort was led by Teresa Daulong and Michael Katz of EXMI.

The Human Capital Leaders in Education (HCLE) standards outline the competencies that leaders in PK12 education and related organizations need to strategically manage human capital (HC) processes at the organization, department, team, or individual level. The standards define the core HC knowledge domains along with the skills needed to improve talent practices in education.

Feedback from the cohort was positive. If you would like to participate in a similar cohort in the future, please make your interest known to Jeannie Tomasek so that TASPA staff can plan for future cohorts. There are currently 86 holders of active pHCLE certification in Texas, according to the American Association of School Personnel Administrators (AASPA).

2024 Winter Conference Recap

The TASPA 2024 Winter Conference was held on December 11-13 at The Worthington Renaissance Hotel in Fort Worth, TX. We had a successful turnout with 255 attendees. This year’s conference also included a pHCLE Cohort held in tandem with a TASPA Conference for the second year in a row. Nineteen individuals took part in this professional growth opportunity. The spacious exhibitor area allowed for a record 44 exhibitors!

During the three-day conference, TASPA hosted three general sessions and 28 breakout sessions which included 42 speakers. Attorneys from Eichelbaum Wardell Hansen Powell & Muñoz, PC, Abernathy Roeder Boyd & Hullett PC and Thompson & Horton LLP presented breakouts in addition to presenters from TEA, TASB HR Services and TRS. School district sessions made a significant contribution to the conference this year with eleven districts presenting or co-presenting breakouts. These districts included: Argyle ISD, Fort Worth ISD, Greenville ISD, Harris County Department of Education, Hays CISD, Hutto ISD, Judson ISD, Leander ISD, Pearland ISD, Round Rock ISD and Spring ISD.

The conference opened with a rousing keynote from Dr. Joe Sanfelippo who inspired the audience with a message focusing on three tenets. Be Intentional: Every interaction matters because every interaction

could be the one they talk about forever. Open Doors: When people outside your walls know what you are doing it gives value to those inside. Build People: People who feel that their work has value will go well beyond anything you ask of them. Joe’s inspiring message resonated with all in attendance, and he received a rare standing ovation for a TASPA conference keynote speaker.

During the second General Session the 2024 TASPA award winners and scholarship recipients were recognized.

HONORARY MEMBERSHIP AWARDS

TASPA awarded honorary membership to two individuals who have been a part of TASPA for many years – Melissa Aguero Ramirez and Kay Clark. Melissa has served in the education field in various positions since 1999 including as Chief of Human

TASPA Staff – Kathy Cervantez, Chandelle Crane and Jeannie Tomasek

Anthony Kosub, Assistant Superintendent of Personnel & Student Services, Pleasanton ISD with 2024 TASPA Honorary Member Melissa Aguero Ramirez, PSJA ISD (Retired)

Dr. Diann Huber, iteachTEXAS founder with Kay Clark, iteach Director of Field Experience and 2024 TASPA Honorary Member

Resources with Pharr-San Juan-Alamo ISD and as an HR Director for various other school districts. She spent the majority of her career at Region One ESC where she was instrumental in implementing longstanding initiatives such as the online application system, ONE*APP, SubHub, the only sub program in Texas where substitute teachers contribute to TRS, and also a substitute teacher certification program for the Texas region. She has been a TASPA member for over 20 years and has served on various state level committees for both TEA and TASPA. She also served as a TASB mentor for new HR directors.

Kay has been a constant at TASPA conference for almost 20 years as the Director of Field Experience for iteachTEXAS. She has dedicated her career to ensuring that candidates completing certification requirements are of the highest quality for placement in school districts. We appreciate the continuous collaboration and partnership over the years as well as the steadfast friendships that have grown and will continue to grow. We wish Kay the best in her retirement!

Congratulations to both of our Honorary members!

DISTINGUISHED SERVICE AWARD

Kimberly Rich, Executive Director of Human Resources for Dickinson ISD, was named the 2024 Distinguished Service Award recipient.

Kim Rich, Executive Director for

Kim has served as Executive Director for the last ten years, overseeing critical HR functions including talent acquisition, employee relations, compensation, benefits, and professional development. Prior to this position, she served 19 years in various educational and administrative roles, including junior high special education teacher, high school English teacher, middle school instructional technology specialist, intermediate special education teacher/ARD facilitator, CTE Director, assessment and accountability director, alternative school administrator, and grant manager (federal, state, local, and competitive). Her involvement in professional organizations like TASPA, where she has served on the board and as President, reflects her dedication to advancing HR practices and mentoring future leaders.

Congratulations Kim!

DR. MARY HOPKINS PERSONNEL ADMINISTRATOR OF THE YEAR

Charis Hunt, Chief Human Resources Officer for Prosper ISD, was named the recipient of the Dr. Mary Hopkins Personnel Administrator of the Year award. Charis began her career in public education in 1999 as a classroom teacher in Louisiana before relocating to the Dallas-Fort Worth area where she continued teaching in Richardson ISD. Over the years she has

Human Resources, Dickinson ISD Recipient of the 2024 TASPA Distinguished Service Award

Charis Hunt, Chief Human Resources Officer, Prosper ISD

Recipient of the 2024 Dr. Mary Hopkins Personnel Administrator of the Year Award

held a variety of leadership roles, including Math Specialist, Administrative Intern, Assistant Principal, Principal, and Executive Director of College and Career Readiness. In 2016, she transitioned to the field of Human Resources, serving as the Human Resources Managing Director for Frisco ISD. In 2022, she became the Chief Human Resources Officer for Prosper ISD. With 25 years of experience in education, she is deeply committed to attracting and retaining top-quality teachers and staff.

Congratulations, Charis!

KIM ALVAREZ MEMORIAL SCHOLARSHIP AWARD

The recipient of the Kim Alvarez Memorial Scholarship this year is Terri Ray, who is a senior at Southwestern University and will graduate in May 2025 with certification in Core Subjects (EC-6) and Special Education. She has maintained a 3.884 GPA.

DR. ANN BERG SCHOLARSHIP AWARD

TASPA President Kim Rich, Demetrius Elko from Southwestern University, Recipient of the Dr. Ann Berg Scholarship with Dr. Tamey Williams-Hill representing CTASPA

The Dr. Ann Berg scholarship recipient, Demetrius Elko, is a senior at Southwestern University and will graduate in May 2025 with certification to teach Secondary History (8-12). He has maintained a GPA of 3.00 while participating as a student athlete on the football team at Southwestern.

NORTH CENTRAL TASPA SCHOLARSHIP

The recipient of the North Central TASPA Scholarship, Gladys Lozano, is a senior at Texas A&M - Kingsville and will graduate in May 2025 with certification in Core Subjects with Science of Teaching Reading (Grades EC-6) and Bilingual Education. She has maintained a 4.00 GPA.

BARRY NETTLES SCHOLARSHIP AWARD

This recipient of the Barry Nettles Scholarship, Kendall Baker, is a senior at the University of MaryHardin Baylor and will graduate in May 2025 with certification in Core Subjects (4-8) and ESL. She has maintained a GPA of 3.47.

PETE CHERNICK MEMORIAL SCHOLARSHIP AWARD

The recipient of the Pete Chernick Memorial

Members of GCASPA with Terri Ray from Southwestern University, Recipient of the Kim Alvarez Memorial Scholarship

Scholarship, Daisy Diaz, is a senior at Texas A&M - Kingsville and will graduate in May 2025 with certification in Mathematics (4-8) and Bilingual Education. She has maintained a GPA of 3.8.

Terry Ray and Demetrius Elko were on hand to convey their appreciation to the TASPA membership. Congratulations to all the 2024 TASPA Scholarship recipients!

The Winter Conference also included TASPA’s annual business meeting where the 2025 budget was presented and approved, and the 2025 Executive Board was elected. The President’s gavel was passed from Kim Rich, outgoing president, to the new president, Johjania Najera.

Dr. Joe SanFelippo, Keynote Speaker

Thank you to the speakers, facilitators, TASPA Executive Board , staff and members, and all conference attendees who helped make the conference a huge success! We especially appreciate the support of our 2024 Black Diamond Sponsors: ESS/Proximity Learning, Frontline, iteachTEXAS, and Red Rover as well as our Diamond Sponsors EduStaff, Gulf Coast Educators Federal Credit Union, Kelly Education, and Teachers of Tomorrow. With their support, TASPA continues to be able to provide continued services and professional development to our members through conferences and workshops.

During the 2024 Winter Conference, TASPA

partnered with Experience Management Institute (EXMI) to offer a blended learning cohort leading toward certification as a Professional Human Capital Leader in Education (pHCLE). Participation in the cohort included two days of in-person learning on December 11-12, 2024 at The Worthington Hotel in Fort Worth, followed by selfpaced online learning. Cohorts members were also able to participate in TASPA Winter Conference events including conference meals, receptions, after-hours events, and a breakout and general session on Friday.

Eighteen individuals took part in this professional growth opportunity. The cohort was led by Teresa Daulong and Michael Katz of EXMI.

The Human Capital Leaders in Education (HCLE) standards outline the competencies that leaders in PK-12 education and related organizations need to strategically manage human capital (HC) processes at the organization, department, team, or individual level. The standards define the core HC knowledge domains along with the skills needed to improve talent practices in education.

Feedback from the cohort was positive. If you would like to participate in a similar cohort in the future, please make your interest known to Jeannie Tomasek so that TASPA staff can plan for future cohorts.

There are currently 86 holders of active pHCLE certification in Texas, according to the American Association of School Personnel Administrators (AASPA).

We hope to see you at the 2025 TASPA Summer Conference and Summer Law Conference July 16–18 at The Worthington in Fort Worth!

Members of the Fort Worth ISD JROTC Joint Service Color Guard presenting the colors during the Opening General Session

National Educator Shortage Summit

Equity in Action Summit

The National Educator Shortage Summit is an interactive event that convenes focused groups of PK-20 stakeholders to address the challenges of the national shortage of educators and the educator pipeline and share ways to replicate practices via a national strategy. Central to this conversation will be the use of data and collaboration in sharing promising practices. Above all we hope this Summit will start comprehensive conversations among the PK-20 education community and serve as a place where different groups can pool different perspectives.

/ MAR 6 - 7 / Anaheim, CA / MAR 31 - APR 1 / Chicago, IL

AASPA’s 2025 Equity in Action Summit is a two-day event developed for school leaders who are seeking to increase their knowledge of leadership, recruitment, selection and retention of under-represented individuals in PK-12. This event joins colleagues from across the country to share diverse perspectives and embrace change. An equitable workforce plays a significant role in making the work environment more peaceful and inspiring.

2025 School HR Summer Boot Camp

/ JUN 12 - 13 / Minneapolis, MN

AASPA’s School HR Summer Boot Camp is an unrivaled opportunity for PK-12 HR School System Leaders to collaborate across all levels and gather valuable resources you can use to help your teachers, employees and school district. Our most popular regional meeting, this two-day workshop offers a variety of essential topics for all HR administrators. Breakouts follow two strands of topics - one for the basic HR professional and another for the more advanced administrator. Topics include recruitment, HR legislation, hiring, employee evaluation, employee discipline and more!

/ OCT 7 - 10 / Nashville, TN

AASPA’s 87th Annual Conference delivers four days of engaging content, the opportunity to encounter diverse perspectives and the ability to grow valuable connections across the industry. It is the premier conference that offers PK-12 school leaders ready-to-use solutions and research-based strategies all in a relaxed and fun environment. Our goal is to help you put things into focus, so that you will leave feeling rejuvenated and armed with new ideas, resources and contacts.