2023 TEPSA November/December News

Page 1

For many years, Chapter 26 of the Texas Education Code has been devoted to parental rights. Parental rights also appear in the Texas Family Code, federal law, the U.S. and Texas Constitutions, and in myriad state and federal court decisions. Enter the nonprofit organization, The Texas Justice Foundation (TJF) and a form called “Notice and Declaration of Parental Rights” (NDPR). The 16-page NDPR form is a compendium of parental rights, enumerated and annotated, made to look like a formal legal document. It seeks to place you on formal notice that rights are being claimed by the parent. You may have received an NDPR from a parent. What do you do?

The Power

Publicity is Surging, But Parental Rights Are Not Expanding

There has been increased publicity surrounding parental rights in recent years, probably due to our divided political climate and to the pandemic, or both. Although parental rights are in the news, parental rights have not significantly expanded in recent years. The NDPR creates the impression they have.1

Basic Parental Rights

The Texas Family Code grants the broadest parental authority. So long as these rights have not been modified or terminated by a court order, a parent has:

) page 4

of Unspoken Words: How Leaders Shape Culture through Conversations Left Unsaid

In the realm of effective leadership, the impact of conversations is widely acknowledged. Engaging in open dialogue, setting expectations, and providing feedback are seen as crucial aspects of building a positive workplace culture. However, the significance of the conversations leaders fail to have is often overlooked. It is within these unspoken words that the leader’s influence truly manifests, shaping the very essence of the organizational culture.

Leadership is not solely defined by what is said, but also by what is left unsaid. By failing to address certain

topics or concerns, leaders inadvertently set a precedent, influencing the behavior and attitudes of their team members. Silence can be interpreted as acceptance, and when important conversations are avoided, a culture of avoidance and complacency can take root. Here are three advantages organizations gain when the leader chooses to have a needed conversation.

1. Values and Expectations: When leaders neglect to explicitly articulate their values and expectations, employees are left to navigate their roles without a clear compass. By proactively discussing and

) page 12

Lead from the Heart with Todd Nesloney and Ross Braun page 16

Serving Texas School Leaders Since 1917 | November/December 2023 | Vol. 80, No. 6 | www.tepsa.org Texas Elementary Principals & Supervisors Association News Texas Elementary Principals and Supervisors Association News BonusArticleLegal Inside
and
of Parental
I Received a “Notice
Declaration
Rights.” What Should I Do?
The "S" in TEPSA with Debra Cantú, PhD page 13 Guest Column with Marianne Renner page 7 Legal Ease with Kevin Lungwitz page 10

Know the Best First Step

The key to accelerating learning for every student is knowing exactly what to do first. i-Ready ’s prerequisite strategy empowers Texas educators with actionable data that:

• Identifies students’ prerequisite learning needs

• Automatically groups students with similar needs together

• Links to recommended TEKS-based resources for instruction

Learn more at i-Ready.com/TEPSA.

Get Texas-Size Student Growth with i-Ready—Satisfaction Guaranteed

Executive Committee

Cindy Tierney President-Emeritus, Lufkin ISD

Cooper Hilton President-Elect, Coppell ISD

Dana Boyd Vice President, El Paso ISD

Gerrie Spellmann Member At-Large, Alamo Heights ISD

Jaci Underwood Member At-Large, Lubbock ISD

Annette Sanchez NAESP Representative, Beeville ISD

Harley Eckhart TEPSA Executive Director

Standing Committee Chairs and Vice Chairs

Elodia Witterstaetter Advocacy Chair, Texarkana ISD

Magdalena Garcia Advocacy Vice Chair, Grand Prairie ISD

Veronica Delgado Membership, Marketing & PR Chair, Crowley ISD

Lorena Carrasco Membership, Marketing & PR Vice Chair, Pasadena ISD

LaToya Patterson Programs & Services Chair, Spring ISD

Lindsey Clayborn Programs & Services Vice Chair, San Benito CISD

Yolanda Delaney Nominating Committee Chair, Canyon ISD

Julie Gauthier Nominating Committee Vice Chair, Port Neches-Groves ISD

Region Presidents

Nora Lamas La Feria ISD (1)

Lori Maldonado London ISD (2)

Yasmina St. Jean Victoria ISD (3)

Rachelle Ysquierdo Sheldon ISD (4)

Jennifer Fisher Silsbee ISD (5)

Donna Bairrington College Station ISD (6)

Brittany Eldred Quitman ISD (7)

Liliana Luna Texarkana ISD (8)

Jared Jacobs Wichita Falls ISD (9)

Erin Whisenhunt Grand Prairie ISD (10)

Celina Goss Hurst-Euless-Bedford ISD (11)

Carol Whitley Rogers ISD (12)

SueAnna Thomas Wimberley ISD (13)

Alana McClure Jim Ned CISD (14)

Curt McKneely Miles ISD (15)

Amy Meek Canyon ISD (16)

Amy Estrada Idalou ISD (17)

Maxine Barrera Gonzales Midland ISD (18)

Jonathan Flores Socorro ISD (19)

Amy Malone Comal ISD (20)

TEPSA regions coincide with regional education service center boundaries.

Staff

Harley Eckhart Executive Director

Joni Carlson Director of Events & Governance

Cecilia Cortez Marketing & Communications Manager

Kristina Jaimes Exhibits & Student Leadership Manager

Anita Jiles Associate Executive Director for Marketing & Communications

Trae Kendrick Chief Operating Officer

Elizabeth Kernan Membership Services Coordinator

Heather Loomis Events Services Coordinator

Belinda Neal Associate Executive Director for Instruction

Todd Nesloney Director of Culture & Strategic Leadership

Louis Silvas Web Content Specialist

Mark Terry Deputy Executive Director

TEPSA News

Published six times a year by Texas Elementary Principals and Supervisors Association. Subscription is included in TEPSA membership dues. Postage paid at Austin, Texas.

Articles may be reproduced by TEPSA members without written request, provided that duplication is for an educational purpose at a nonprofit institution; copies are available without charge; and each copy includes full citation of the source.

Copyright © 2023 by the Texas Elementary Principals and Supervisors Association

Contact

Hello TEPSA friends!

The busiest time of the year is right around the corner...the holidays! I love this time of year for many reasons...the time with family, the lights, the music, and the anticipation of great things ahead! In contrast, November and December can be fast paced with unlimited distractions, and the length of my to-do list can be completely overwhelming. Although I love the holiday season, I sometimes find it challenging to stay focused and concentrate on the big picture.

Effective leaders ride the wave by focusing on goals they want to achieve, not necessarily all the items on their to-do list, but on the broader purpose that drives their actions every day. What are your professional and/or personal goals for 2023-2024? Write them down and reflect on them often. Having a sense of purpose can keep you motivated, on track, and more productive.

Another strategy that leaders utilize to stay focused is prioritizing tasks. I am not the expert here! In fact, I often find myself completing the easiest tasks first, leaving all the difficult chores for the end of the day. When I do this, I sometimes find myself lacking energy to complete the most strenuous (and often the most urgent) work. Personally, I do my best work during the morning hours, so rethinking my task list, placing the most complex items earlier in the day, and the easier jobs during the afternoon would be a more efficient way to prioritize my list. Another way to prioritize tasks would be to consider what needs to be accomplished first, move that item to the top of the list, and then move down the list according to the level of urgency.

One more tip that successful leaders use to maintain focus is to take breaks throughout the day. Regular, short breaks will increase energy levels, reduce stress, and improve creativity. Set a timer to stretch, step outside, or enjoy a snack. A quick mental break will enable you to return refreshed and more productive.

Please remember that it takes time and practice to build these skills. When we improve our focus, the winds and the waves will be on our side, as illustrated in the following quote:

The winds and the waves are always on the side of the ablest navigators. -Edward Gibbon

Ride the wave, y’all!

TEPSA 501 East

TEPSA News TEPSA President-Emeritus/Cindy Tierney
10th Street
TX
800-252-3621
Follow on social media @TEPSAtalk
Austin,
78701 512-478-5268
Fax: 512-478-1502 www.tepsa.org
Texas Elementary Principals & Supervisors Association

I Received a “Notice and Declaration of Parental Rights” continued from page 1

• The right to make decisions regarding the child’s education.2

• The duty to support the child, including providing the child with an education.3

Here are some important parental rights in the Texas Education Code:4

• To see their minor children’s educational records.5

• “… to request a change in the class or teacher to which the parent’s child has been assigned, if the reassignment or change would not affect the assignment or reassignment of another student.”6

• To review all teaching materials, textbooks, and other teaching aides used in the child’s classroom, electronic or otherwise, and to be given the login credentials to online materials; to review every test given to the child, including a state-assessment test, after it is given. A request for the child to bring home any textbook used in the classroom shall not be unreasonably denied, provided the child will bring back the textbook the next day if requested by the teacher.7

• To request that the district do an instructional material review.8

• The right to consent in writing before a school employee may make or authorize the making of a videotape of a child or record or authorize the recording of a child’s voice.9

• The right to temporarily remove a child from a class or activity because of a religious or moral conflict, if the parent delivers to the teacher a written statement authorizing the removal of the student. This cannot be done to avoid a test or to avoid a class for an entire semester.10

What About the NDPR?

The last right above was the subject of a recent Commissioner’s Decision at the TEA. A parent delivered an NDPR to the elementary principal at the beginning of the school year, opting the student out of a variety of subjects and/or material. In mid-March the teacher showed a PG movie to the class and the parent claimed a violation of the NDPR. It is unclear whether “Do not show my child a PG movie” was specifically listed on the NDPR, but it is undisputed the teacher violated campus practices in doing so. The parent pursued a grievance. In the grievance process, the district conceded a failure to follow campus policy and promised

to counsel with the teacher, but the district denied implementing the specific disciplinary measure against the teacher requested by the parent.

The Commissioner can hear appeals that allege a violation of the Texas Education Code. The parent appealed to the Commissioner on that basis. The Commissioner wrote:

… [Texas Education Code section] 26.010 … entitles parents to remove a child from a school activity that conflicts with the parent’s religious or moral beliefs. It applies “if the parent presents or delivers to the teacher of the parent’s child a written statement authorizing the removal of the child from the class or other school activity. (emphasis in the decision)

Because the parent did not deliver the NDPR to the student’s teacher, the parent failed to comply with Section 26.010 and the Commissioner dismissed the appeal.

Some lingering questions: Had the parent given the teacher the NDPR, it is unclear whether showing a PG movie specifically violated the NDPR or Section 26.010, even though it violated campus policy. Let us assume, though, that the parent gave the teacher the NDPR, and that the PG movie did violate the NDPR and Section 26.010. The Commissioner cannot grant monetary damages for a violation of a school law, nor can the Commissioner order that a specific punishment be given to the teacher. The Commissioner can only declare that a violation occurred. If the district had conceded a violation during the grievance process, the parent’s appeal would be moot.

How to Handle An NDPR

Parental rights are real and must be respected, but the NDPR is overwhelming. It amounts to a parent casting a gigantic net from a shrimping trawler, when the parent only wants to catch a couple of minnows. It is hard to know specifically what the parent wants, other than to vaguely assert their full rights under the law. If you or your teachers receive an NDPR, it is advisable for you and the teacher(s) to have that discussion with the parent. What specific activity, lesson or material does the parent object to? What is the parent most concerned about? Teachers would be advised to regularly communicate lesson plans and teaching

4 November/December 2023

material to the parent, and to place the burden back on the parent to make a specific objection should the desire to do so arise.

6Tex. Educ. Code Sec. 26.003 (a)(2)

7Tex. Educ. Code Sections 26.005; 26.006.

8Although parents have had the right to review teaching materials, petition the school board, and file complaints, beginning on Sep. 1, 2023, parents have a right to “a process” to request an “instructional material review” by the district under Tex. Educ. Code Sec. 31.0252. See Texas. Educ. Code Sec. 26.0061.

Kevin Lungwitz practices law in Austin and is a former Chair of the School Law Section of the State Bar of Texas.

Endnotes

1Most of the improvements in parental rights in recent years clarify that the rights parents had with respect to books, parents also have with electronic media.

2Tex. Fam. Code Sec. 151.001(a)(10)

3Tex. Fam. Code Sec. 151.001(a)(3)

4See Chapter 26 of the Texas Education Code for more parental rights.

5See Policy FL (Legal) for exceptions to this general rule.

9An employee is not required to obtain consent if the videotape or voice recording is to be used only for: 1) The purposes of safety, including the maintenance of order and discipline in common areas of the school or on school buses; 2) A purpose related to a co-curricular or extracurricular activity; 3) A purpose related to regular classroom instruction; or 4) Media coverage of the school. Tex. Educ. Code Sec. 26.009 (a) (2); (b)

10Tex. Educ. Code Sec. 26.010

11Parent v. Richardson Indep. Sch. Dist., TEA Docket No. 002-R10-10-2022 (Comm’r Educ. Apr. 4, 2023)

Note: Information is believed to be correct upon publication but is not warranted and should not be considered legal advice. Please contact TEPSA or your school district attorney before taking any legal action as specific facts or circumstances may cause a different legal outcome.

Leading the way in next-generation K–12 curriculum and assessment

Learn

TEPSA News 5
more at texas.amplify.com.

TEA Launches Texas SPED Support

The Texas Education Agency's (TEA) new Texas SPED Support website provides educators an array of special education resources that are easily searchable by topic, type (article, video, tool/template, online course, etc.) audience and language.Visit https://spedsupport.tea.texas.gov.

Additional Resource:

Positive Supports for Behavior and Discipline Website (U.S. Department of Education Office of Special Education and Rehabilitative Services): Online database with more than 200 resources related to reducing exclusionary discipline. Visit https://bit.ly/48jGAgU

Sources: Texas Education Agency. (2023). https://spedsupport.tea. texas.gov

U.S. Department of Education Office of Special Education and Rehabilitative Services. https://osepideasthatwork.org/federalresources-stakeholders/topical-issues/positive-supports-behaviorand-discipline

Annual PDK Poll on Public Schools Shows Support for

Teachers Remains High

Results from the annual PDK “Public’s Attitudes Toward the Public Schools” found support for public school teachers remains high among Americans.

• 67% support increasing teacher salaries by raising local property taxes.

• 66% say teacher salaries are too low.

• 58% think teachers are overworked.

Results from a recent Gallup poll found that parental satisfaction with their child’s K-12 school also remains high at 76 percent. However, results also showed a record low in the general public's satisfaction with public schools at 36 percent.

Sources: PDK Poll. (2023). The 55th Annual PDK Poll: Continued support for teachers; growing support for a four-day school week. https://pdkpoll. org/2023-pdk-poll-results/

Brenan, M. (2023, August 31). K-12 Education Satisfaction in U.S. Ties Record Low. Gallup. https://news.gallup.com/poll/510401/education-satisfaction-tiesrecord-low.aspx

Music Teachers Need Targeted

Music Teachers Will Learn Effective Strategies to:

 teach the required TEKS for music.

 include students with special needs.

 improve classroom management.

 incorporate technology effectively.

 motivate every child to learn. Over

6 November/December 2023 State and National News
Professional Development For only $70, register them to attend the Texas Music Educators Association Clinic/Convention, February 7–10, where they’ll learn from the best! WWW.TMEA.ORG/CONVENTION
2,000 Elementary Music
60 professional development workshops specific to elementary music instruction. Scan to view a list of elementary music workshops during the TMEA convention: TMEA.ORG/2024CLINICS
Teachers Attend! Over

The Confident-Humble Leader: How to Lead with the Right Dose of Both

We all know that the best leaders have confidence. But did you know they also have a healthy dose of humbleness?

If you lean too far one way or the other, the results can be detrimental. You could lose trust with your team or sabotage your ability to make the impact you desire.

The mark of a great leader is someone with the right balance of both confidence and humbleness.

Confident-Only Leader (Steam Roller)

Having confidence is a good thing. Confidence demonstrates knowledge and the ability to lead a team toward a common vision.

But without humbleness, the confident-only leader, or what we call the “steam roller” can come across as arrogant and lose respect of the team. With all of their passion and zeal, Steam Rollers can appear as though they’re the only ones with good ideas. In their eagerness, they steam-roll right over others.

You might recognize a steam roller as the person who talks far more than listens. Their requests come across as demands, and they leave little room for others to ask questions about strategy or tasks.

Result

You might be a steam roller if you rarely hear questions from your team, or if those around you hesitate to

challenge your ideas. Others may follow you but only because they have to. As a result, they won’t give you their best work. More likely, they’ll give you the bare minimum. If you find yourself struggling with high turnover on your team and are unable to hold on to high performers, this could be an indication that you lean heavily toward confidence without humbleness.

Humble-Only Leader (Door Mat)

We don’t always think of humbleness when we think of great leaders. But the right amount of humbleness brings out the best in others. Lean too much into humbleness, however, and your team will lose faith in your ability to lead.

The humble-only leader, aka the “door mat,” tends to be overly self-conscious and therefore second-guesses every decision regardless of how big or small.

You might recognize these leaders as those who take a subservient position to others on the team. They defer to their peers when they need to make important decisions.

Result

You might be a door mat if you have a hard time taking a stand on important issues. You may notice that others around you don’t follow your lead. You feel like your good ideas don’t get the attention they deserve. These leaders can feel like an actual door mat and become frustrated as others walk right past their ideas.

) page 8

TEPSA News 7 Guest Column/ Marianne Renner

Guest Column continued from

page 7

Door mats are also empathetic and caring toward others, which are great qualities in a leader. But because they lack the confidence they need, those characteristics either become overused or lost in a sea of uncertainty. Empathy and care, when overused, manifest as lack of boundaries and people-pleasing.

Neither-Nor Leader (Train Wreck)

There is one more potential pitfall you can fall into as a leader. This is the leader who has neither confidence, nor humbleness.

This is the most ineffective and dangerous leader of all. That’s because leaders with neither confidence nor humbleness work hard to hide their shortcomings. They don’t believe in their abilities, and because they lack humbleness, they overcompensate by trying to outperform and out-prove those around them. They feel an overwhelming need to prove their worth. They try to mask their self-perceived inabilities with sarcasm, snide remarks, criticism, and negativity. These actions stem from fear of not being good enough and fear of getting “found out.”

Result

Unfortunately, these leaders leave quite a bit of wreckage in their wake. They either create or stimulate drama and drag others down around them.

Good News

The good news is that every leader can grow to become the confident-humble leader, or what I call the “influencer.” Your levels of confidence and humbleness are not fixed like your eye color or height. No matter where you are currently, there are actions you can take to improve and work your way into the right balance of confidence and humbleness.

Every leader has the ability to become a leader of impact and influence. Here are a few steps you can take to become the leader you were destined to become.

Self-Awareness

Self-awareness can turn any leader into a great leader. The goal is to increase awareness of your confidence or humbleness throughout the day. Having self-awareness is like having a golden key that unlocks a magic door to new growth. Without awareness, you have nothing. With awareness, you have the power to change.

Daily self-check-ins are a great way to raise selfawareness. At the end of the day spend 15 minutes, reviewing your calendar. Reflect on your meetings

and interactions with others. Use a daily journal to answer these questions:

1. Where did I demonstrate confidence?

2. Where did I demonstrate humbleness?

3. How did others respond during our interactions?

4. What would I change next time?

Practice for the Confident-only Leader

Ask more. Listen more. If you skew heavily toward confidence and find yourself light on humbleness, here’s something that will help. Ask for others’ ideas before sharing your own during a conversation or meeting. Commit to listening more and talking less. You’ll still be able to share your ideas, and your team will be more receptive to hearing them.

Practice for the Humble-only Leader

Step outside your comfort zone. Trust your instincts, and act on your ideas—especially when you don’t feel like it. Remind yourself when problems arise that you have the answers. You’ll be right 90% of the time. And when you’re not, you can learn and grow from those lessons.

No judgment zone. No one gets it perfect. There’s no such thing as a perfectly confident-humble leader. There will be times when you’ll feel more confident and other times when you won’t. At times you’ll have triggers—those experiences that lead you to retreat into self-doubt. Your position on the confidencehumbleness matrix will fluctuate.

The key is not to judge yourself harshly. Rather, just notice. Be aware of where you’re leaning. Evaluate where you want to grow.

You’ll quickly notice the positive impact you have on those around you. Your teams will become more energized. Productivity will increase. You’ll have just the right dose of confidence and humbleness.

8 November/December 2023
Marianne Renner is a leadership coach, speaker and author. Learn more at MarianneRenner.com.
Reprinted with permission from Marianne Renner. Copyright Marianne Renner. This article originally appeared on Marianne Renner’s blog September 14, 2023 at https://mariannerenner.com/ confident-humble/?mc_cid=24055148dd&mc_eid=ba23af5cd8

At School Outfitters, our project experts are ready to help your school make the most of its ESSER funds.

We’ll work closely with you to outfit school spaces that address the unique needs of your students and staff.

And with our ready-to-ship inventory, you can be sure your ESSER funds project will get done on time and on budget.

Purchasing compliance

Easily navigate your state’s ESSER purchasing requirements with our expert guidance.

Ready-to-ship inventory

Find the products you need, in stock and ready to ship.

Objective-driven space planning

Plan your spaces around your specific educational goals.

Multi-phase project management

Scan now to view our Elementary Classroom collection.

Work with experts who know how to manage large, complex projects.

Hassle-free installation

Tap into our network of reliable installers for customized installation.

TEPSA News 9
Create spaces that support learning recovery
ESSER funds into engaging spaces What makes us different 1-800-260-2776 | www.SchoolOutfitters.com
We’ll help turn your

Sexual Misconduct on Your Campus

Part 2 of 2: Student-to-Student Sexual Misconduct

In part one of this two-part series, we reviewed employee sexual misconduct with students. In this article, we will examine student-to-student sexual misconduct.

What if sexual assault is reported?

If student-to-student sexual assault is alleged, the principal, other supervisors, and the district SRO—or local law enforcement—should be immediately notified. A report should also be made to CPS within 48 hours. Criminal conduct will impact the school’s discipline of the student. Any student who engages in a felony within 300 feet of school property or while attending a schoolrelated activity must be placed in the DAEP.1 Sexual violence (i.e., sexual assault) may arise in the form of hazing and bullying, and Title IX may come into play.

Bullying

Sexual misconduct includes bullying based on a student’s sex, sexual orientation, and gender identity. According to your school district’s policy FFI (Legal), and the Texas Education Code, bullying is an act that exploits a power imbalance, which may be written, verbal or physical.2 Bullying could occur verbally or by physical contact, or through electronic means (cyber-bullying) and may include hazing, threats, taunting, teasing, confinement, assault, demands for money, destruction of property, theft of valued possessions, name calling, rumor spreading or ostracism.3 Bullying will vary by case and may not always be sexual in nature.

Harassment, Dating Violence

Harassment is a subset of bullying. Student-to-student sexual harassment includes unwelcome sexual advances, sexually intimidating conduct, requests for sexual favors, and sexually motivated physical, verbal or nonverbal conduct. 4 Dating violence occurs when Person #1 in a current or past dating relationship uses physical, sexual, verbal or emotional abuse to harm, threaten, intimidate or control Person #2 in the relationship; or when Person #1 commits these acts against Person #3, the new relationship partner of Person #2.⁵

Bullying, harassment, and dating violence are three sides of the same coin. They are all actionable— meaning a court would likely recognize a legal claim by the complainant—when the conduct is severe, persistent, or pervasive enough that it:

1. Affects a student’s ability to participate in or benefit from an educational program or activity, or creates an intimidating, threatening, hostile or offensive educational environment;

2. Has the purpose or effect of substantially or unreasonably interfering with the student’s academic performance; OR

3. Otherwise adversely affects the student’s educational opportunities.⁶

In 2021, The U.S. Department of Education, Office of Civil Rights issued a notice that Title IX protects

10 November/December 2023 Legal Ease/Kevin Lungwitz

students from harassment based on sexual orientation and gender identity.7

While we quickly think of student-to-student sexual misconduct as including unwanted sexual contact or unwanted sexual advances, schools must also protect against sexually motivated bullying, dating violence and harassment. For brevity, we will refer to these three types of sexual misconduct as “sexual harassment” because each is fueled by a desire to control the victim, usually based on a power imbalance.

Know the District’s Title IX Coordinator

Title IX requires every school district to have a Title IX Coordinator and to prominently display the coordinator’s name and contact information across all its normal communication platforms including websites, policies, and student handbooks. The Title IX Coordinator should ensure campus administrators understand how to help facilitate a student report. Staff should be trained to keep an ear and eye out for student complaints. Teachers must forward that information to the principal or to the Title IX Coordinator so that appropriate and prompt action may occur.

Can a school employee or the district be held liable for student-to-student sexual harassment?

When an allegation of sexual harassment is made, the district is obligated to investigate, regardless of whether the student files a written report. As stated earlier, the complainant may have a legal claim if the sexual harassment was “severe, persistent, or pervasive” in addition to other factors. If a school employee—especially one in an administrative position—or the district is “deliberately indifferent” to the allegation, the district could be liable for the complainant’s damages. A prompt investigation is usually proof the district was not deliberately indifferent. If the district does not ignore a complaint and acts reasonably in an investigation, it is not likely that the district or an employee will be held liable for the complainant’s damages.

Do I investigate?

Whether campus administration, central office or an outside entity will investigate may depend on the allegations. Clarify with the district your team’s obligations. If you are asked to conduct a sexual harassment or sexual violence allegation, you should seek the advice or your supervisor(s), HR, or the school attorney. Policy FFH and FFI (Legal) and (Local), and in some districts the (Regulation) or (Exhibit) versions of those policies contain valuable informa-

tion about the nuts and bolts of a sexual harassment investigation. The principal or assistant principal should promptly notify parents or guardians, as well as the Title IX Coordinator. If the allegation constitutes child abuse or sexual violence, law enforcement should be contacted, as well as CPS within 48 hours.

What are the remedies? What is the punishment?

The district should be prepared to offer the complainant immediate, interim relief from the alleged conduct, in consultation with the complainant and their parent(s) or guardian(s). If the investigation confirms prohibited conduct, after consultation with the affected party, the school should offer the complainant non-punitive, supportive measures, which could include: counseling; academic accommodations, including course-related adjustments; schedule modifications and/or extensions of school deadlines; providing an escort to ensure the student can move safely between classes and other district programs and activities; increased security and monitoring; and/or mutual restrictions on contact between the complainant and other parties.8

If the allegation is substantiated, discipline of the perpetrator must follow the district’s Student Code of Conduct and policies FFI and FFH.

Endnotes

1Tex. Educ. Code Sec. 37.006(a)(2)(A)

2Policy FFI (Legal); Tex. Educ. Code Sec. 37.0832

3Policy FFI (Legal) and (Local)

4Policy FFH (Legal) and (Local)

5Id.

6See Davis v. Monroe County Bd. of Educ., 119 S.Ct. 1661 (1999)

7U.S. Dep’t of Educ., Office for Civil Rights, Federal Register

Notice of Interpretation: Enforcement of Title IX of the Education Amendments of 1972 with Respect to Discrimination Based on Sexual Orientation and Gender Identity in Light of Bostock v. Clayton County (Aug. 20, 2021)

8See Austin ISD Policy FFH (Regulation)

Note: Information from Legal Ease is believed to be correct upon publication but is not warranted and should not be considered legal advice. Please contact TEPSA or your school district attorney before taking any legal action as specific facts or circumstances may cause a different legal outcome.

TEPSA News 11
Kevin Lungwitz practices law in Austin and is a former Chair of the School Law Section of the State Bar of Texas.

The Power of Unspoken Words

continued from page 1

reinforcing core values, leaders establish a shared sense of purpose and direction, fostering a positive culture based on mutual understanding and alignment.

2. Feedback and Growth: The conversations leaders fail to have regarding feedback can hinder personal and professional growth. Constructive feedback is essential for improvement, but when leaders avoid providing it, they unintentionally cultivate an environment where mediocrity is tolerated, hindering innovation and progress.

3. Difficult Conversations: Avoiding difficult conversations sends a message that certain issues are too uncomfortable or sensitive to address. This creates a culture of avoidance, where conflicts remain unresolved, and toxicity can thrive. By embracing challenging discussions, leaders demonstrate their commitment to growth, transparency, and the well-being of their team. Leaders hold immense power in shaping the culture of their organizations through both spoken and unspoken conversations. By recognizing the impact of the conversations, they fail to have, leaders can proactively address crucial topics, establish clear expecta-

tions, foster growth-oriented feedback, and nurture a culture of open communication. Embracing the power of unspoken words allows leaders to create an environment that encourages collaboration, innovation, and personal development, ultimately leading to greater success and fulfillment for both individuals and the organization.

Longtime TEPSA member and past state president, Dr. Eddie Damian is founder of the Leadership Remedy. He is a certified professional leadership coach with a specialization in difficult conversations as well as the author of "A Principal’s New Paradigm: Putting Evaluation Research into Action."

Reprinted with permission from Eddie Damian. Copyright Eddie Damian. This article originally appeared on the Leadership Remedy blog June 13, 2023 at https://leadershipremedy.com/thepower-of-unspoken-words-how-leaders-shape-culture-throughconversations-left-unsaid/

12 November/December 2023

Cultivating Shared Accountability

Principal supervisors can impact school improvement and strengthen the principal pipeline by prioritizing the development of instructional leaders through shared accountability. A supervisor’s leadership support is sometimes invisible for assistant principals. Cultivating shared accountability with the campus leadership team may be accomplished by designing a supervisor’s plan to implement relational and structural leadership strategies to positively impact student achievement, teacher growth, school culture and leadership development. This plan influences principal retention and the growth of the district’s principal pipeline.

Relational Strategies

Supervisors have the potential to influence the development of high performing campus leadership teams. The first step is to build a foundation of trust by prioritizing your time to meet with each campus principal and assistant principal(s). Take time through discussion and observation to identify their strengths and collaboratively develop a leadership plan to support their professional growth. Make authentic connections with your leaders through the implementation of their support plan by participating in principal practices. It is recommended to increase time in schools to work directly with the campus leaders to

coach and provide feedback on their identified goals. Commit to measure leadership growth by collecting data, providing feedback and engaging in reflective discussions with each of your campus leaders. The dosage and frequency of the leadership coaching sessions will vary based on the differentiated support you provide and will require you to develop a system for documenting the support plan outcomes. This individualized support fosters an instructional leadership team’s capacity to learn from one another with the shared goal for improving school achievement. To operationalize and implement the individualized support plan for leaders, it is important to design structural processes and systems.

Structural Leadership

School processes, procedures and systems are rarely monitored by supervisors. Structural leadership evaluates systems in collaboration with the team as a strategy for cultivating shared accountability. Consider the quality of the Special Education programs as one example. Supervisors are encouraged to meet with the campus leadership team to review the structures for developing high quality Individualized Education Program (IEP) plans and understand how the principal and assistant principals monitor IEP goals and services within a Multi-Tiered

) page 14

TEPSA News 13 The "S" in TEPSA/Debra
Cantú, PhD

The "S" in TEPSA continued from page 13

System of Supports (MTSS). Supervisors are encouraged to review the campus service delivery models to determine the effectiveness of the design and implementation of services for students. It is important to supervise how IEP goals are used to drive instructional planning to inform the professional learning needs and technical assistance required to strengthen campus systems. These practices may be replicated for all programs and initiatives implemented on the campus.

Supervisors are encouraged to develop a process for conducting classroom walk-throughs with principals and their assistant principal(s) to calibrate their observations and feedback. This allows supervisors to collaboratively develop a shared vision for high quality instructional practices. Coaching and/or monitoring how data is collected from classroom observations and triangulated with student performance, behavior, and attendance data determines the effectiveness of the implementation of the MTSS in data meetings and professional learning needs.

District leaders who participate in principal practices with their teams provide experiential learning op -

portunities that pave the path for high functioning teams. A supervisor’s plan creates conditions to foster a community of learners while establishing shared accountability to impact school improvement and build a principal pipeline of highly effective instructional leaders.

Dr. Debra Cantú serves as an Associate Professor of Practice and Co-Director of the Texas Principal Leadership Academy at the University of Texas in the Department of Educational Leadership and Policy. She serves as Special Assistant for District Partnerships to support the College of Education, as she collaborates with district partners to recruit and develop well-prepared educators. She is the chair of the Texas Program Improvement Network in collaboration with principal preparation programs across the state to foster equitable practices and improve program design and implementation aligned to Quality Measures and Texas Principal Standards to positively impact principal preparation.

THE LEADERSHIP EDGE

Learn strategies to gain the competitive edge needed to make a lasting difference in your campus or district.

From crafting compelling visions to fostering a sense of urgency, discover the power of actionoriented leadership with leading educational practitioners Danieli Parker and Cristi Parsons.

– $299

14 November/December 2023
Guiding questions to create your action plan 8 video modules Ignite a
Excellence & Drive
Culture of
Impactful Action
Earn CPE credits at your own pace with short PD mod ules available on-demand until April 30, 2024.
Inspiring Excellence & Action End of year celebration and collaboration Live coaching opportunities Scan QR code or visit tepsa.org to learn more. Visit tepsa.org. Nonmember
$499
Monthly leadership resources and motivational materials
Member

NAESP AI Guide for School Leaders

If you have not dived into or are just starting to explore AI and its impact on your school, NAESP’s new guide, "Bringing AI to School: Tips for School Leaders," is a great way to kickstart your learning. The guide provides an overview of AI, recommends tools to explore, outlines strategies for successful implementation, and addresses some of the FAQs regarding AI in education. Read and/or download the guide at https://bit.ly/44vnocX.

Need more reliable resources on AI? Visit the TCEA Blog at https://bit.ly/3raVRjs.

Source: NAESP. (2023). Bringing AI to School: Tips for School Leaders. https://www.naesp.org/wp-content/uploads/2023/08/ Bringing-AI-to-School-Tips-for-Leaders.pdf

ICYMI: Scan the QR code to view "TEPSA Presents: The Ins and Outs of ChatGPT." Amen Rahh, the Revolutionary Principal, shares ways to use AI to streamline your work.

Reignite your leadership spark at the gathering of the year for Texas PK-8 school leaders—the most fun you’ll have learning and connecting with your peers all year!

Resources

Cultivating Family-School Partnerships

Explore best practices for effective family and community engagement with Dr. Karen Mapp, author and Senior Lecturer at the Harvard Graduate School of Education. Dr. Mapp shares high impact strategies and resources in a webinar hosted earlier this year by the Harvard Graduate School of Education’s EdRedesign Lab. View "Supporting Success Through Authentic and Effective Family and Community Engagement" at https://bit.ly/3ECHxDt.

Sources: EdRedesign Institute for Successful Planning. (2023, February 23). Supporting Success Through Authentic and Effective Family and Community Engagement [Virtual Learning Series, Session #2]. https://bit.ly/3ECHxDt

Mapp, K. L., & Bergman, E. (2019). Dual capacity-building framework for family-school partnerships (Version 2). Retrieved from: www.dualcapacity.org

Ross, E. M. (2023, March 21, 2023). The Case for Strong Family and Community Engagement in Schools. Usable Knowledge. Harvard Graduate School of Education. https:// www.gse.harvard.edu/ideas/usable-knowledge/23/03/casestrong-family-and-community-engagement-schools

Calling all experts: Yes, YOU!

Session proposals accepted November 16 — January 16. Learn more at tepsa.org.

Registration opens in January.

Early rates until March 15*

Summer Conference is my annual energy pump that makes me realize how much I love my job and also gives me ideas for the upcoming school year.

Conference:

Member $439*

Nonmember $678*

Conference + Master Class:

Member $638*

Nonmember $927*

TEPSA News 15
12-14, 2024
ROCK KALAHARI
SUMMER SUMMER CONFERENCE CONFERENCE JUNE
ROUND

Thriving During the Holidays

The holiday season is upon us! A time of gratitude and giving can quickly turn into hustle, bustle and chaos. In the school year, we often find this a very busy time of year! Winter musicals, sporting events in full force, mid-year evaluations, semester progress monitoring and so much more can easily pile up on us. Your office may look like an F2 tornado went through, and your patience may be as thin as the tinsel on your Christmas tree. We both have been there! Here are a few tips to fill your bucket, recharge your battery, and ensure that you have the second semester you deserve!

1. Disconnect

Turn off the school brain for at least a few days during the break. Use this break to truly disconnect from school and your professional life. It’s okay to not check your email for a couple days. Stay out of your school building and office. They aren’t going anywhere! We know this may be harder to do if you have events taking place over break, but it’s okay to have others fill in for you at an event or two. Disconnecting from the work will allow you to reset and truly recharge.

2. Take a Trip

I (Ross) usually take a trip to the beach with my family over the holiday break. It allows us to fill up on Vitamin D, spend quality time together and make memories. There is just something about the beach air that does the

soul good but if you can’t get to a beach, get away for at least two days! You will return in a better mental shape and ready to tackle the upcoming semester!

3. Have Fun

Sometimes amid getting “all the things” done we forget to be a kid and just have fun with our people. One of my (Todd) favorites is printing out 12 tiny reindeer during the Christmas season and putting a number on the back of each one. Hide them around campus and each time a staff member finds one they bring it to the front office for a prize! It’s silly but fun!

4. Be Thankful

This season may look like it’s all about the gifts and the food, but the biggest part of the season is thankfulness. A fun idea is to collect the mailing address from your staff of the person that means the most to them (mom, sister, best friend, etc). Then you can write a postcard to that important person letting them know how thankful you are that they play a role in your staff member’s life and how much you enjoy having this staff member on campus!

These are just a few ideas you can try this holiday season, but don’t forget about you and your family. The first half of the school year is over, and we know you have done an incredible job of leading your school!

16 November/December 2023
Lead from the Heart/Todd Nesloney and Ross Braun

Your school is lucky to have you. Take time this holiday season to pour into those closest to you, make memories, cherish the special moments and recharge because you deserve it!

Todd Nesloney is TEPSA’s Director of Culture and Strategic Leadership. He is an award-winning educator, author and international speaker.

Ross Braun is a former elementary principal who is passionate about supporting schools and leaders to ensure every child has a safe, loving and engaging learning environment. Ross is now the VP of Positive Education at Spring, Texas based, School Life.

STAAR MASTER® Interactive brings you rigorous, engaging content paired with high-performance tools, giving students what they need to step into recovery, growth, and mastery. That’s evolution, driven by innovation.

TEPSA News 17
PRODUCT DEMOS AVAILABLE NOW READING LANGUAGE ARTS GRADES 3-8 MATH staarmaster.com Confidence is the Catalyst. YEARS SUPPORTING TEXAS TEACHERS AND STUDENTS 41
LOVE WRITING & SHARING IDEAS? SUBMIT AN ARTICLE

Upcoming Award Deadlines: Still Time to Nominate Texas PK-8 School Leaders

Visit the Awards section at tepsa.org to nominate outstanding school leaders for a TEPSA Award including:

NAESP National Distinguished Principal for Texas

In partnership with the National Association of Elementary School Principals (NAESP), the prestigious National Distinguished Principal (NDP) award recognizes exemplary school leadership. The award recipient represents Texas at the NAESP NDP program in Washington, D.C. and receives a monetary gift from Curriculum Associates. Nominees must meet all criteria for selection.

• Nominations due December 8.

• Applications due January 19.

TEPSA Region Assistant Principals of the Year

Selected by their peers at the region level, this award recognizes assistant principals for their efforts to improve student learning. Recipients may apply for the national award. Contact your TEPSA region officers.

Region TEPSANs of the Year

Selected by their regional peers, this award recognizes school leaders for outstanding service to the association. Contact your TEPSA region officers.

Association News
Special Thanks for Supporting TEPSA's Awards Program
Recognize Outstanding PK-8 School Leaders TEPSA
Program Nominations open for Region AP of the Year, TEPSAN of the Year and NAESP National Distinguished Principal for Texas. Visit tepsa.org or scan QR code to learn more.
Awards

$600 million

Our Student Loan Solutions program can help your employees find ways to reduce the burden of student loan debt – at no cost to you or them.

Click

*Potential savings of educators assisted by Horace Mann with Public Service Loan Forgiveness from October 2016 through December 2022 based on assumptions established by the U.S. Office of Federal Student Aid. Horace Mann’s Student Loan Solutions program includes services provided by an independent third party, Tuition.io. Horace Mann is an independent company not affiliated with the Department of Education or the federal government.

AM-C04675 (8-23) horacemann.com
Horace Mann has helped educators find more than in student loan forgiveness*
Horace Mann Service Corporation and certain of its affiliates (Horace Mann) enter into agreements with educational associations where Horace Mann pays the association to provide services aimed at familiarizing association members with the Horace Mann brand, products or services. For more information, email your inquiry to association.relations@horacemann.com. or scan the QR code to learn more.

501 East 10th St

Austin, TX 78701

800-252-3621

www.tepsa.org

Registration for the 2024 TEPSA Summer Conference Opens in January

TEPSA Highlights

Learn more at tepsa.org.

Calendar/Deadlines

• Recognize outstanding PK-8 school leaders. Visit the Awards section at tepsa.org to nominate and/or submit an application for the NAESP National Distinguished Principal for Texas. Nominations due December 8. Applications due January 19.

• Connect locally! Visit https://bit. ly/regionmeetings to find a TEPSA Region Meeting in your area this spring.

• Start making plans to join us at the TEPSA Summer Conference June 12-14 at the Round Rock Kalahari. Conference registration opens in January. Topic session proposals accepted November 16 - January 16. Early rate ends March 15.

• Have a great leadership strategy to share with your peers? Submit an article to TEPSA for publication online or in print. Learn more at bit.ly/3QTLZF1

Leverage Your Teachers' Expertise with Teacher-Led PD

Teachers, like school leaders, learn best with and from each other. In an Education Week article, author Elizabeth Heubeck writes that teachers want more opportunities to choose (and lead) relevant and practical PD for themselves. Administrators throughout the country are exploring different models for tapping into the talent in their own schools by providing teacher-designed and teacher-lead PD. Tennessee Assistant Principal Derek Voiles and his team have successfully leveraged teacher expertise and created a more collaborative culture with PopUp PD. During the short PopUp PD sessions the presenting teacher shares a lesson in their classroom. PD sessions are also recorded for those who cannot attend and made accessible to all in the school's growing library of best practices.

Sources: Heubeck, E. (2023, August 21). Professional Development That Matters: What Teachers Say They Want. Education Week. https://www.edweek.org/leadership/ professional-development-that-matters-what-teachers-say-they-want/2023/08

Voiles, D. (2023, March 8). Want to Leverage Teacher Expertise? Try PopUp PD. Principal Project Blog. https://principalproject.org/want-to-leverage-teacher-expertisetry-popup-pd/

PRSRT STD U.S. Postage PAID Austin, TX Permit No. 127

Turn static files into dynamic content formats.

Create a flipbook
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.