The Classroom Teacher | Spring 2022

THE MAGAZINE of the TEXAS CLASSROOM TEACHERS ASSOCIATION Spring 2022 | Volume 41 | Number 4

What SBEC’s new rules may mean for educators who want to resign

ALSO INSIDE: Librarians resist renewed efforts to ban books | Convention wrap-up Check your TRS record for accuracy | School vouchers are a big issue in 2022 elections

EXECUTIVE DIRECTOR’S MESSAGE

Reflections after 43 years at TCTA

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his will likely be my last message to our members, and I hope you’ll indulge me in reminiscing a bit.

I’ll be retiring as executive director on July 1, with Ann Fickel taking the helm. I am so proud that we have had a good succession plan in place for years, and Ann will be brilliant. I’m also grateful for the opportunity to continue to serve as a consultant for a time, since leaving the organization cold turkey might well have had me lurking in the parking lot, peeping in the windows.

It was 43 years ago when I answered a want ad, after a year in private practice with a civil firm upon graduating from law school. The private practice didn’t suit me well, since it encompassed everything from probating wills to business litigation, none of which are you really taught to do in law school. That left me feeling out of my depth and ill-equipped to provide the best to my clients, though I did learn more than anyone should ever know about the Dead Man’s statute (which is an exception to the rule about hearsay evidence, if the person who purportedly said something is no longer in a position to confirm or refute it). That knowledge base was never useful at TCTA. When I walked into the beautiful Bremond building for my interview, I knew that I wanted to work there, as long as it wasn’t a union. Remember that this was preinternet, so it wasn’t so easy to do research on a potential employer. Jan Lanfear, God bless her — she still works for us part time and is beloved by all — screened me and I think was largely responsible for my hiring. I still remember what she was wearing that day. Imagine my surprise when just over two weeks later we had a two-week break for the holidays! I thought this must be the best place ever to work, and I still think that, though for far more reasons.

First, I have to acknowledge our incredible staff. They are such an extraordinary bunch of amazingly talented people, all of whom are dedicated to doing all they can to improve life for our members and be there if you need them. Those of you who have been paying close attention may have noted the unusual length of service of most of the members of our staff (more than one-third, 10 employees, have worked at TCTA for more than 20 years). The people who leave generally do so early, because they weren’t quite as committed or as talented as we needed them to be, and with a staff as relatively small as ours is, a weak link shows up early. (There are some who leave for foolish reasons like getting married and moving, and we’ll forgive them.)

Since the COVID-19 pandemic began, we have not had a single resignation from our staff, though I am sad to report that the irreplaceable Dohn Larson, who is older than I am, plans to leave us in the foreseeable future to enjoy a well-deserved retirement. I attribute the loyalty of our staff largely to the following: supportive and dedicated elected leaders who are true believers in TCTA; the extraordinary privilege of being able to do work that is both professionally and spiritually satisfying; and the camaraderie of talented and sometimes quirky colleagues who enjoy each other’s company and respect each other’s ideas.

A lot has changed over the years, and a lot has stayed the same, as we tangle with issues that have been present for decades. When I started at TCTA, there was much less law on the books and it was harder than anticipated to learn school law, such as it was, since my predecessor had been gone for months and there was a towering stack of files on my desk. (This is not a recommended succession strategy.) My eternal thanks to Joretta Garvin, who took my near-daily calls to teach me school Continued on page 23 2

tcta.org | 888-879-8282

Texas Classroom Teachers Association PO Box 1489, Austin, TX 78767-1489 Office hours: 8 a.m. to 5:30 p.m., weekdays Phone: 888-879-8282 Fax: 512-469-9527 Website: tcta.org

2021-22 Executive Board President

Sherry Miller, Killeen President-Elect

Eleanore Malone, Tyler Immediate Past President

Twila Read, Grand Prairie Budget

Melody Young, Sherman Curriculum & Instruction

Joyce McCurdy, Wichita Falls Governance

Jennifer Hutchinson, Hays Consolidated Legislation

Cristal Isaacks, Levelland Membership

Debra Helbert, Lamar Consolidated Professional Rights & Responsibilities

Sharron Wood, Deweyville Teacher Personal Services

Nydia Alvarez-Alonzo, Mission

Staff Contacts Executive Director

Jeri Stone

General Counsel

Lonnie F. Hollingsworth Jr. Associate Executive Director

Ann Fickel Attorneys

Jeri Stone Lonnie F. Hollingsworth Jr. Dohn Larson Holly Eaton Michael Currie Gerald Francisco Julie Leahy Paige Bruton Williams Business Office

Park Brigtsen

Communications

M. Clare Haefner Legislation

Paige Bruton Williams Lonnie F. Hollingsworth Jr. Ann Fickel Holly Eaton Pamela McPeters Membership

Persie Ngo-Hatchie Professional Development and Advocacy

Holly Eaton

Services Corporation

Jan Lanfear

Special Projects

Kate Alexander

About TCTA

The Texas Classroom Teachers Association is an independent association for Texas teaching professionals that was founded in 1927. TCTA is based in Austin and is the only statewide teachers association that limits active-level membership to those directly involved in classroom teaching or teaching support.

CONTENTS

Spring 2022 | Volume 41 | Number 4

DEPARTMENTS

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On the Cover

Executive Director’s Message THE MAGAZINE of the TEXAS CLASSROOM TEACHERS ASSOCIATION Spring 2022 | Volume 41 | Number 4

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Rule changes give SBEC flexibility when issuing sanctions for contract abandonment

TCTA News & Notes

8 Washington Watch

10 Planning Ahead

Good cause to resign?

What SBEC’s new rules may mean for educators who want to resign

ALSO INSIDE: Librarians resist renewed efforts to ban books | Convention wrap-up Check your TRS record for accuracy | School vouchers are a big issue in 2022 elections

11 In the Classroom

The State Board for Educator Certification has authority to sanction educators who abandon their contracts without good cause. In 2021, the Texas Legislature passed House Bill 2519, which was designed to give SBEC more flexibility when it imposed sanctions for contract abandonment and to allow for less severe sanctions for teachers who resign 30 to 44 days prior to the first day of instruction.

FEATURES

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Orchestrated efforts to ban certain books deemed “pornographic” from school libraries across the country are being met with resistance by groups who say access to a variety of viewpoints is an essential part of a well-rounded education.

Today, the rhetoric around parental rights often pits parents against teachers and schools and creates an adversarial environment around health and safety, curriculum, books and more. Proponents of private school vouchers have seized on this moment to revive their longstanding goal of diverting billions of public dollars to unaccountable private schools in the name of “school choice.” As a result, a bruising battle over private school vouchers looms large in the 2022 elections for the Texas Legislature.

Librarians resist efforts to ban books

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TCTA 2022 Annual Meeting wrap-up

Delegates elect members to district, state leadership posts.

School vouchers a key issue in 2022 elections

THE CLASSROOM TEACHER (ISSN-0279-2494) is the official publication of the Texas Classroom Teachers Association (TCTA), providing news and opinions in the interest of education excellence. All contents are copyrighted and may not be reproduced without the publisher’s permission. The views and opinions contained in this publication are not necessarily those of the publisher. Copyright © 2022. Publication schedule is quarterly. Annual membership dues for TCTA are $175, $5 of which is allocated to a one-year subscription to THE CLASSROOM TEACHER. Subscriptions for nonmembers are available for $10 per year. POSTMASTER: Please send changes of address, articles and/or photographs to: Editor, THE CLASSROOM TEACHER, PO Box 1489, Austin, Texas 78767-1489. TCTA is located at 700 Guadalupe, Austin, Texas 78701. PERIODICALS POSTAGE PAID AT AUSTIN, TEXAS.

Spring 2022 | THE CLASSROOM TEACHER

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TCTA NEWS & NOTES

TEA preparing for shift to online STAAR exams in December Starting in December 2022, all State of Texas Assessments of Academic Readiness exams — grades 3–8 assessments, endof-course assessments, and Spanish assessments, including accommodated versions — will be administered online. Texas English Language Proficiency Assessment System listening and speaking and reading assessments will continue to be administered online.

With the transition, the Texas Education Agency said requests for a special administration of an online assessment (e.g., paper version of STAAR, holistic assessment of TELPAS listening and speaking in grades 2–12) should be submitted only if a required accommodation documented in the student’s individualized education program, individual accommodation plan, or 504 paperwork cannot be delivered in an online format.

Paper policy TEA’s Special Paper Administration of an Online Test Policy provides districts with guidance as to which students may qualify for a special paper administration of a state assessment.

The full policy can be found on the STAAR redesign webpage, and a summary of its key points are noted below. A student who may qualify for a special paper administration of an online test: •

requires an accommodation that cannot be provided in an online format;

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has a physical limitation that does not allow the student to interact with an online test; or

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is in an educational placement that does not permit the student to access the Internet.

Requests for a special administration will only be approved if the rationale includes evidence that a paper administration is necessary due to students’ inability to access the online assessment or accommodations. Requests to test on paper based on parent or student preference will not be granted.

For additional information, see TEA’s STAAR redesign webpage at https://tinyurl.com/448n8syh.

New STAAR question types In response to House Bill 3906 in 2019, TEA has been in the process of developing new, non-multiple choice question types for the STAAR test. In late March, TEA said it expects to finalize the question types now that it has conducted extensive field testing of the new question types in stand-alone field tests administered in February 2022.

Scoring and reporting guides for the new question types are available on TEA’s STAAR redesign webpage, and students can practice using the new question types in the online testing platform.

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Texas Through-Year Assessment Pilot HB 3906 also required TEA to develop and pilot a throughyear assessment model as a possible replacement of the STAAR summative tests. The model is a progress monitoring system that provides students multiple opportunities throughout the school year to demonstrate their mastery of standards and to contribute to their summative performance level reported at the end of the year.

TEA is soliciting applications through April 29 from districts that wish to participate in the pilot, which is a multi-year, fully online pilot that launches in school year 2022-23. The pilot provides three short testing opportunities — one in the fall, winter and spring. Each opportunity will use a multistage adaptive design, allowing for shorter tests with greater accuracy to minimize the disruption to instructional time.

TEA will pilot the following grade levels and subjects during school year 2022-23: •

Grade 5 science

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Grade 6 math

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Grade 7 math

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Grade 8 social studies

Additional grade levels and subjects will be added to the pilot in following years. For more information, go to https://tinyurl. com/vs245sey.

TCTA NEWS & NOTES

Relief coming for Reading Academies in new school year In response to calls from TCTA and others to reduce the burden on teachers imposed by the state-required Reading Academies, Commissioner of Education Mike Morath recently announced a summary of changes to the program for the 2022-23 school year. (See them all at https://tinyurl.com/ mr9p2dxv.)

Many of the changes are in response to TCTA urging state policymakers to provide more flexibility in the design of the program. For example, teachers who are unable to complete the program during its 11-month timeframe would be able to complete the part they hadn’t finished, rather than having to start over when joining the next cohort of participants.

The changes also address TCTA’s suggestion that teachers who are required to pass the Science of Teaching Reading Exam be able to substitute that for at least a portion of the Reading Academy program. Additional changes address TCTA’s suggestion of allowing teachers to “test out” of some or all of the Reading Academy program.

Although these changes have not yet begun to be implemented, they give an important preview of how teachers in the 2022-23 school year might see some relief as follows:

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Content will be streamlined to ensure actual seat time accurately reflects projected seat time.

The commissioner has already exempted certain teachers from having to complete the Reading Academies, including teachers holding all-level certification in art, health education, music, physical education, speech communication and theater arts, or theater, and allowing teachers who participated in the 2018-19 READ Grant to count their participation toward the Reading Academy requirement.

As part of the announced summary of changes, the commissioner continued to reiterate to school districts the importance of supporting teachers in district implementation of the Reading Academies by: •

structuring their master professional development calendars so that the Reading Academies are embedded within it (rather than teachers having to complete them on their own time);

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planning for substitute teachers to cover classrooms so that teachers can complete Reading Academies during class time; and,

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providing teachers with stipends to compensate for their time.

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Districts may allow certain teachers to attempt to demonstrate knowledge without completing modules first;

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Teachers who passed the STR exam will not have to complete all reading academies module content;

The statutory deadline for all K-3 teachers to complete the Reading Academies was extended during the last legislative session to the end of the 2022-23 school year.

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Participants with extenuating circumstances will continue to have additional time to complete academies;

As more information becomes available, TCTA will continue to keep members informed at tcta.org/latest-education-news.

TCTA publications win Star Awards from public relations association

UTeach course provides CPE for G/T teachers

TCTA won three 2021 Star Awards from the Texas School Public Relations Association. Awards were presented during TSPRA’s convention in February: • • •

Gold Star: TCTA’s 2020 Christmas card Silver Star: The Classroom Teacher and Survival Guide Silver Star: eUpdate newsletter

TSPRA’s Star Awards recognized outstanding communications and marketing work produced during the 2020-21 school year. TCTA competed against associations and school districts serving more than 40,000 students.

UTeach at the University of Texas at Austin offers researchbased, online blended learning professional development facilitated by expert educators that provides the six hours of gifted/talented continuing professional education credit that teachers need each school year. Most educators start with the Foundations of Blended Learning course. TEA reimburses districts for the registration cost of the courses. Learn more at https://pd.uteach.utexas.edu/blended-learning.

TRS-Care participants get one-time payment In March, TRS-Care policyholders were issued a one-time payment of $448.12. It was authorized by the TRS Board in response to Senate Bill 8, which designated $286 million in federal pandemic relief funds to help offset any TRS-Care and ActiveCare premium increases due to coronavirus-related claims. TRS-Care premiums did not increase. TRS-ActiveCare premiums will be set during the board’s April 28-29 meeting.

Spring 2022 | THE CLASSROOM TEACHER

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MEMBER ACCOLADES

H-E-B surprises state finalists for 2022 Excellence in Education Awards H-E-B surprised finalists for the 2022 Excellence in Education Awards during campus visits in March. The program honors outstanding public-school professionals and thanks them for their dedication and commitment. Winners at each level receive cash prizes for their classrooms and grants for their schools. TCTA members advancing to the statewide competition include: • Rising Star Elementary: Melinda Armadillo, James Bowie Elementary School, San Marcos CISD • Rising Star Elementary: Mayela Canales, McAuliffe Elementary, McAllen ISD • Leadership Secondary: Megan Malone, School for the Talented and Gifted, Dallas ISD • Leadership Secondary: Alejandra Martinez, Memorial Junior High School, Eagle Pass ISD

Lifetime Achievement Secondary: Jennifer Johnston, Milam Elementary, Conroe ISD

Finalists will be interviewed in Austin in April and winners will be announced in May as H-E-B celebrates the 20th anniversary of its Excellence in Education Awards program. Learn more at facebook.com/ HEBExcellenceinEducationAwards.

TCTA members chosen as Teachers of the Year in Wichita Falls, East Central ISDs

Whataburger surprises Leander ISD teacher after students share experiences

Wichita Falls ISD recently announced its 2022 Teachers of the Year. Winners were selected by their peers. TCTA members who were honored included:

Whataburger threw a party for TCTA member Cody Redfern, a seventh-grade science teacher and volleyball coach at Canyon Ridge Middle School in Leander ISD, after two students contacted the burger chain to share how much they appreciate their teacher.

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Yolanda Drennon, Brook Village Early Childhood Center

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Jennifer Anderson, Fain Elementary

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Meagan DuFour, Fowler Elementary

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Stephanie Musquiz, Franklin Elementary

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Kari Sewell, Jefferson Elementary

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Stephanie Roberts, Lamar Elementary

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Allison Wilson, Milam Elementary

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Taysha Matos, Scotland Park Elementary

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La’Chandra Hooper, Sheppard Elementary

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Kyle Faragher, Southern Hills Elementary

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Shayla Schelter, West Elementary

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Adriana Avila, Zundy Elementary

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Matt McDonald, Barwise Middle School

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Dewey Quickle, Denver, JJAEP

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Rebecca Buck, Hirschi High School

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Jane Ramirez, Rider High School

East Central ISD honored its campus Teachers of the Year at a March 17 board meeting. TCTA members honored include: • Shelly Beasley, Legacy Middle School • Nicole Gawlik, Heritage Middle School Gawlik was also nominated for H-E-B’s Excellence in Education Awards.

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Redfern told KXAN he was floored when Whataburger’s marketing coordinator got in touch with him, and said it reinforced why he teaches the way he does.

“The outcomes are so rewarding,” he said. “Knowing that kids come every day and look forward to being in my classroom, look forward to seeing other teachers. As a middle school teacher, that kids are looking forward to seeing you, it’s something you can’t describe.”

During a March 29 celebration, Whataburger also surprised Redfern with free food for a year, a gift basket and swag.

“I know this year has been a really tough year,” he said. “I know it can be hard with having families and having other obligations, but the impact that teachers can make truly shows, and whether or not teachers know it, it may not be an impact like this, but [students] truly go home and appreciate every single teacher.”

Share your success with us! Were you chosen as your campus Teacher of the Year? Did you win an award or receive grant funding? Email communications@tcta.org and tell us about your recognition so we can share it in The Classroom Teacher.

TCTA NEWS & NOTES

TEA launches task force to tackle Texas teacher shortage The Texas Education Agency has created a Teacher Vacancy Task Force to recommend ways to keep teachers in the classroom and attract more people to the profession.

After getting a lot of public criticism for initially including only two teachers among the 28 appointees, TEA announced in March that it would expand the task force by 24, creating parity between the teachers and the administrators who had already been appointed. TCTA member Jean Streepey of Highland Park ISD, also a member of the State Board for Educator Certification, is one of the two initial teachers appointed to the task force.

TEA accepted nominations through April 1 and said it would name the additional members before the next meeting in May. The task force has begun soliciting feedback from teachers, other educators and the public through a form on its website at https://tea.texas.gov/texas-schools/health-safetydiscipline/covid/teacher-vacancy-task-force-overview.

TCTA is encouraged that TEA responded to the demands for additional teacher representation but still has serious concerns about the focus of the task force. TCTA Executive Director Jeri Stone issued the following statement on March 10 in response to the first meeting of the task force: “What we saw today is that the focus of the task force will be on the needs of school districts, rather than educators and students. That allows state leaders to avoid the fact that teachers are leaving due to poor working conditions, low pay, a lack of support from administrators and hostile political rhetoric directed at teachers for simply doing their jobs.

“All of it has sapped the joy out of teaching for so many

TEA offers free lesson plan resources, updates FAQ on student behavior In response to a request from TCTA, Education Commissioner Mike Morath highlighted TEA’s free lesson plan resources during a recent call with superintendents.

The printable, TEKS-aligned materials, which are available to educators, substitutes and school districts, cover a wide range of K-12 topics.

TCTA attorneys have heard from members for years that lesson plans often require hours of preparation and extensive detail. Morath said the resources may help teachers, including when preparing for a substitute. Explore the resources at https://tinyurl.com/4rkwxj37.

HB 785, passed in the 2021 session, amends statutory requirements related to student behavior plans, Functional Behavioral Assessments, and requirements for the

talented, experienced educators. The best way to determine how to keep qualified teachers in the classroom is to ask them what they need and show them the professional respect they deserve.”

TEA said the task force will meet every other month for one year, with Commissioner Mike Morath and agency leadership regularly facilitating discussions with task force members, while including insights gathered from experts and additional education stakeholders throughout Texas.

In feedback on TCTA’s Facebook page, many people have stressed better pay, fewer extra duties outside regular school hours and limiting required additional training as key ways to improve teacher retention.

documentation of student restraint and use of time-out. TEA compiled answers to commonly asked questions about the changes at https://tinyurl.com/2p85hc2u. It also revised its sample Written Summary of Restraint form, available in English and Spanish at https://tinyurl.com/mr32wcd2.

SBEC updates options for certification records Educators can now view and print the online version of their certificate record that best meets their needs. The State Board for Educator Certification’s portal offers a “current” version that only includes certificates with active dates. The “historical” version includes certificates with expired dates.

Members of the public will continue to have access to the Certificate Lookup feature on TEA’s website at https:// tea.texas.gov/texas-educators/certification/certificatelookup. Educators with a sanction on their file will have that information appear on both versions of their certificate record.

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WASHINGTON WATCH

Title IX ensures protections for transgender students

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ov. Greg Abbott has directed the Department of Family and Protective Services to investigate whether sex-reassignment and puberty-blocking treatments for minors constitute child abuse as outlined in a Feb. 18 opinion issued by Attorney General Ken Paxton. But enforcement is on hold as legal challenges to the governor’s order mount.

Federal officials also are working to shield families from the mandate. On March 31, the U.S. Department of Justice issued a letter to attorneys general around the country to reinforce that “laws and policies that prevent individuals from receiving gender-affirming medical care may infringe on federal constitutional protections.”

The conflicting directives further complicate matters for teachers, who have a duty to report child abuse. In Abbott’s letter to the Department of Family and Protective Services, he highlighted the requirement of professional employees, including teachers, to report suspected child abuse within 48 hours. The department includes the investigative Child Protective Services division.

The governor’s letter is of dubious legality, as the governor has no authority to issue directives outside of state agency rulemaking procedures and the powers specifically delegated to him by the Texas Legislature during emergencies. The attorney general’s opinion likewise is advisory only.

Some county and district prosecutors have stated that they have no intention of complying with the governor’s letter or giving any credence to the opinion of the attorney general, which has been described as “politically motivated and legally incorrect.”

The American Civil Liberties Union and Lambda Legal have sued the state on behalf of a family that was under investigation for getting medically necessary care for their transgender teenager. In mid-March, the Texas 3rd Court of Appeals reinstated a lower court’s temporary injunction blocking the state from investigating parents solely because they provide gender-affirming care to their children. In response,

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Paxton has asked the Texas Supreme Court to intervene.

The problem for teachers is that failure to report suspected child abuse can result in criminal charges. Given the conflicting directives and uncertainty, TCTA members with questions about a specific situation are strongly encouraged to call the TCTA Legal Department well within the 48-hour requirement to report suspected child abuse for advice from a TCTA staff attorney. Information about how to report is available at https://www.dfps. state.tx.us/contact_us/report_abuse. asp. Note that reports can be made anonymously, but DFPS does not provide a confirmation number for an anonymous report.

The fact that suspicion of child abuse depends on the political ideology of the enforcers of that reporting requirement creates yet another burden on educators.

The actions of Abbott and Paxton also put teachers in a difficult position regarding students’ rights of privacy and parents’ rights to raise their children.

The attorney general opinion does not limit its analysis to permanent gender-reassignment surgery, but also describes the use of temporary puberty blockers as constituting child abuse.

Read strictly, the opinion and the letter would require teachers and other professionals to report any suspected case of gender reassignment or use of puberty blockers to law enforcement or the Department of Family and Protective Services.

As the use of medically necessary gender transition services is recognized by the American Medical Association, it’s not clear that the treatment with hormone suppressors in minors by physicians and parents pursuant to a comprehensive treatment plan would

meet the state’s definition of child abuse.

Abbott and Paxton’s recent effort follows passage of House Bill 25 in the third special session of the Texas Legislature in October. HB 25, which became law on Jan. 18, 2022, requires that students compete in UIL athletic competitions based on their biological sex as stated on their official birth certificate, not their gender identity.

Transgender advocates and parents of transgender children have argued that HB 25 unfairly targets children who may see sports as a refuge.

Texas is not the only state attempting to limit the rights of transgender youth.

Since 2020, 11 other states, including Florida, Arkansas and Iowa, have implemented legislation preventing transgender girls from playing girls sports in high schools. Lawmakers in Oklahoma, Arizona, Kentucky and South Carolina passed similar bills this spring.

In Georgia, after defeating an outright ban, lawmakers approved an amended bill that would give a high school athletic association the ability to ban transgender girls from playing sports if it “determines that it is necessary and appropriate.”

Title IX in play

With these laws on the books, LGBTQ youth, their families and advocates now look toward federal guidance and civil rights statutes to ensure justice and equality for all students.

Title IX bans discrimination based on sex in any type of education program.

Title IX states that no person in the United States shall, based on sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal assistance.

The interpretation of the U.S. Supreme Court’s 2020 ruling in Bostock v. Clayton County and the U.S. Office of Civil Rights’ guidance clarifies that Title IX’s prohibition of “discrimination on the basis of sex” includes discrimination based on sexual orientation and gender identity.

Advocates assert that transgender people have the right to equal access of educational opportunities under Title IX, requiring schools to respect transgender students’ gender identity with regard to dress codes, names, pronouns, access to facilities and participation in schoolsanctioned activities, including sports.

The U.S. Departments of Education and Justice have provided guidance to schools that explains the rights transgender students have under Title IX and the requirements for schools to honor them.

The reporting of a sexual harassment violation can be made through the Title IX Coordinator or to any teacher or staff member, which triggers the school’s obligation to respond and immediately offer supportive measures. When Title IX is violated, it requires institutions to investigate and address the reported discrimination or abuse at hand to find out if the behavior made it harder for students to learn or stay in school.

In K-12 schools, regulations define sexual harassment actionable under Title IX to mean one of two types of behavior: 1. “conditioning the provision of an aid, benefit or service of the recipient on an individual’s participation in unwelcome sexual conduct” (often called quid pro quo harassment) and, 2. “unwelcome conduct on the basis of sex that is so severe, pervasive and objectively offensive that it effectively denies a person equal access to the recipient’s education program or activity.” If unsatisfied, the complainant may submit a formal complaint that begins a full

investigation, including a reporting to the Education Department.

When the Office of Civil Rights identifies concerns or violations, resolutions often require educational institutions to adopt effective antiharassment policies and procedures, train staff and students, and take other steps to restore a nondiscriminatory environment. At times, districts are fined for Title IX violations, but there is little precedent for fining teachers and support staff. Employees may face disciplinary action by their districts and if there are criminal charges filed against an individual, a loss of employment and prison sentence may be an outcome.

Following Gov. Abbott’s directive to investigate whether sex-reassignment and puberty-blocking treatments performed on minors constitute child abuse, the U.S. Department of Health and Human Services reaffirmed its commitment to protecting young Americans who are targeted because of their sexual orientation or gender identity, and supporting their families and caretakers.

On March 2, Secretary Xavier Becerra announced several steps his agency has taken, including: 1. releasing guidance to state child welfare agencies that makes clear that states should use their child welfare systems to advance safety and support for LGBTQI+ youth, which importantly can include access to gender affirming care; 2. releasing guidance on patient privacy, clarifying that, despite the Texas government’s threat, health care

providers are not required to disclose private patient information related to gender affirming care; 3. issuing guidance making clear that denials of health care based on gender identity are illegal, as is restricting doctors and health care providers from providing care because of a patient’s gender identity.

“Any individual or family in Texas who is being targeted by a child welfare investigation because of this discriminatory gubernatorial order is encouraged to contact our Office for Civil Rights to report their experience,” Becerra said in a statement.

The U.S. House of Representatives in February passed the Equality Act, a landmark LGBTQ rights bill that prohibits discrimination based on sexual orientation and gender identity in numerous arenas, including employment, housing, education and public accommodations. Although the bill is largely supported along party lines and faces an uncertain future in the Senate, President Joe Biden has said its passage is a priority for his administration.

As such, the federal government will use all measure of guidance and regulations to uphold the civil rights of LGBTQ individuals. It is anticipated that legal challenges at the intersection of Title IX and state laws will continue to play out in the courts.

This article is not a substitute for legal advice. Van Scoyoc Associates, TCTA’s retained lobby firm in Washington, D.C., contributed to this article.

Spring 2022 | THE CLASSROOM TEACHER

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PLANNING AHEAD

Attention, please! Check your annual TRS statement

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hether or not you’re nearing retirement, it’s important to understand how your retirement benefits work — an uninformed move can haunt your retirement years. Judging from the calls we get at TCTA Headquarters, there are a few things that many teachers should be paying closer attention to.

1. Always check your annual statement from TRS. Every year,

TRS members receive a statement that includes information about the records that TRS has on file, including years of service credit. Even if you’re nowhere near retirement, it is crucial that you look over this statement for accuracy.

We have heard from several members in the last year alone who didn’t discover a discrepancy in their record until they were on the verge of retirement — past the deadlines that TRS has set (and strictly enforces) for correcting such mistakes. Even a simple typo by your district can result in the loss of a year of service credit, which can have a significant impact on your ability to retire 10

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when planned and the amount of your monthly check. Take a few minutes to review this statement every year. If you don’t notify TRS of a mistake and get it corrected within five years of the year in question, you have lost your opportunity to rectify the error.

2. Research your Social Security status. The way Social Security works

(or doesn’t work) for school employees is complicated. Most Texas school employees are affected by federal laws that reduce or eliminate Social Security benefits, and too many aren’t aware of these provisions until near or even after retirement.

If you don’t pay into Social Security

through your school district but are eligible for benefits because of a spouse who does participate in the system, the general rule of thumb is that your spousal Social Security benefits will be reduced by two-thirds of your TRS pension. For many retirees, this eliminates any entitlement to spousal Social Security benefits.

If you have paid into Social Security at some point in your career, long enough to have earned benefits on your own record, those benefits are likely to be reduced because of your TRS pension.

Paying into Social Security for more than 20 years can reduce or eliminate the penalty.

The two federal laws affecting Social Security benefits create thorny issues for Texas educators. Employees should discuss their personal situation with a Social Security representative and, ideally, a financial advisor familiar with the TRS/Social Security interactions, Continued on page 22

IN THE CLASSROOM

Akash Patel helps students build global connections

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mid the isolation of the pandemic, Dallas ISD Spanish teacher Akash Patel gave his middle school students something many desperately needed — a connection to the rest of the world.

Patel, who came to the U.S. from India as a college student and speaks six languages, has built the Global Connect network of speakers for virtual “mystery hangouts” where students ask the guests yes-or-no questions to determine where they are.

Global Connect is a program of the Happy World Foundation, which Patel founded and named after his late twin brother, Anand “Happy” Patel. The network boasts more than 1,200 people from 150 countries and is available for any teacher to access for free at www.happyworldfoundation.us.

Over the years, his virtual classroom guests have included professionals — Brazilian engineers, a Nepali actor, a Sri Lankan sea turtle expert, an Alaskan author. Participating students include children not only from the U.S., but from countries such as India, Bangladesh, Lesoto and Swaziland.

It’s a standards-based lesson in the essential skills of problemsolving and critical thinking. But, equally important, it broadens the horizons for students beyond what they see every day and promotes positive role models of color.

Patel hopes to expand the reach of the program now that he has been elected president of the American Council of the Teaching of Foreign Languages (ACTFL) for a term beginning in 2023.

“What brings me joy on a daily basis is teaching languages, empowering our American students to be the global citizens of tomorrow,” Patel said in a 2021 video for Dallas ISD. “And that’s what drove me to create a nonprofit so I could bridge a gap in global education and bring the world to children during a time of a pandemic when folks are isolated from the globe.”

He also hopes to use the ACTFL platform to recruit and retain more foreign language teachers, in part by sharing how he’s found joy and positivity in the classroom and helping others find their own passion for education.

In an interview with The Classroom Teacher, Patel said the silver lining of the pandemic is that every teacher is now familiar with virtual platforms so they can easily connect to people around the world.

He’s found that helping students understand the shared experience of the global pandemic has eased some of their own anxiety and isolation.

It has also inspired empathy, he said, and empathy, in turn, has inspired action. The students in his Title I school have held a toy drive for Syrian children displaced by the war in their country. Recently, his students spoke to one of Patel’s

Ukrainian friends who discussed the refugee situation there, spurring one of his students to offer up her own home to share with a Ukrainian child.

“It’s such a profound lesson in giving,” he said.

Seeing his students develop empathy for others far away has been an “a-ha” moment for him as he contemplated whether to leave teaching given the challenges of the past few years.

His message to others struggling with the same question: Don’t lose hope, and look to inspire happiness in the classroom every day.

The empathy Patel inspires was extended to his own family when his twin brother died in a plane crash in 2018. His students raised $1,500 for his family. He couldn’t accept their money for himself, he said, and they wouldn’t take it back.

Instead, that money was used to start a Happy Meals for the Homeless program to feed people experiencing homelessness in Dallas. Patel’s foundation has continued that effort.

“I continue to believe in the power of connection.”

Spring 2022 | THE CLASSROOM TEACHER

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LEGAL NOTES

Good cause to resign?

Rule changes give SBEC flexibility when issuing sanctions for contract abandonment

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he State Board for Educator Certification has authority to sanction educators who abandon their contracts without good cause. In 2021, the Texas Legislature passed House Bill 2519, which was designed to give SBEC more flexibility when it imposed sanctions for contract abandonment and to allow for less severe sanctions for teachers who resign 30 to 44 days prior to the first day of instruction.

Implementation of this legislation required SBEC to revise its rules. During this amendment period, the board also took the opportunity to expand the circumstances that it would consider to be good cause and mitigating factors to resign from a contract.

Background

Teachers who resign later than 45 days prior to the first day of instruction without good cause and without the consent of their school district are subject to certification sanction if the school board files a complaint with SBEC within 30 days of the educator’s resignation. SBEC has adopted rules that specify that the mandatory minimum sanction for contract abandonment is a one-year suspension of the educator’s certification. The rules also outline what circumstances SBEC considers to be “good cause,” which allows a teacher to resign from a contract without penalty, and other “mitigating factors” that could justify a reduced sanction. The following factors are considered good cause: (A) serious illness or health condition of the educator or close family member of the educator; (B) relocation to a new city as a result of change in employer of the educator’s spouse or partner who resides with the educator; or (C) significant change in the educator’s family needs that requires the educator to relocate or to devote more time than allowed by current employment.

The rules also state that the following mitigating factors can be considered when the board is making a decision regarding 12

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an educator who has abandoned a contract: (A) educator gave written notice to school district 30 days or more in advance of the first day of instruction for which the educator will not be present; (B) educator assisted school district in finding a replacement educator to fill the position; (C) educator continued to work until the school district hired a replacement educator; (D) educator assisted in training the replacement educator; (E) educator showed good faith in communications and negotiations with school district; or (F) educator provided lesson plans for classes following educator’s resignation.

These rules are still in place and continue to apply to complaints of contract abandonment. The amendments adopted by SBEC are additions to the existing framework.

Recurring issues in complaints

In recent years, SBEC has been presented with multiple complaints of contract abandonment in which the required imposition of sanctions on an educator’s certificate resulted in an outcome that board members considered unjust or unwarranted. One recurring issue of concern was that teachers were being reported for contract abandonment even though they had been informed by either a district administrator or in an email that their resignation had been accepted.

In some of these cases, evidence existed that the district had failed to communicate to the educator that their resignation was not accepted or that an administrator told the educator they would be released from their contract, even though they did not have the authority to do so.

In other cases, evidence was introduced to show that a teacher had been reported by the district for contract abandonment even though the campus principal had requested the resignation and believed that the teacher’s resignation was in the best interests of the district. The board began to express discomfort over a lack of discretion in its rules to allow for consideration of extenuating circumstances.

It also began to note a larger pattern of complaints in which educators said that they were not aware that their certification was at risk of sanction when they considered resignation and

UNDERSTANDING THE REVISED RULES OF RESIGNATION 45 days prior to the first day of instruction Educator may resign.

SBEC has no sanction authority.

30-44 days prior to the first day of instruction* Educator must have good cause to resign.

Mitigating factors can reduce sanction.

SBEC may not suspend or revoke. Standard minimum sanction is an inscribed reprimand.

SBEC must consider mitigating factors.

Less than 30 days prior to first day of instruction/during school year* Educator must have good cause to resign.

Mitigating factors can reduce sanction.

SBEC may impose any sanction. Standard minimum sanction is a one-year suspension.

SBEC must consider mitigating factors.

*Note: When an educator resigns later than 45 days prior to the first day of instruction, a school board has 30 days to decide whether to file a complaint with SBEC to seek sanctions for contract abandonment.

that they would not have resigned had they known they were at risk of a complaint being filed with SBEC.

HB 2519

The Texas Legislature was also concerned with SBEC’s lack of flexibility in contract abandonment cases. HB 2519 was passed in 2021 to address this issue and requires the following: • SBEC must notify an educator who has been suspended. The notice must include the basis for the suspension and information regarding the method in which the teacher may respond to the suspension. The notification requirement does not apply to suspensions imposed by agreement.

• A school district that submits a complaint to SBEC

•

•

regarding a teacher must promptly notify the teacher of the complaint. The notice must include the basis of the complaint, information regarding how the teacher may contact the State Board for Educator Certification, and a reminder that the teacher should verify that the teacher’s mailing address on file with SBEC is current.

Before imposing sanctions against a teacher for contract abandonment, SBEC must consider any mitigating factors relevant to the teacher’s conduct and may consider alternatives to sanctions, including additional continuing education or training.

If a teacher fails to timely file a written resignation prior to 45 days before the first day of instruction Continued on page 14 Spring 2022 | THE CLASSROOM TEACHER

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Do you know a

Continued from page 13 but files a written resignation not later than the 30th day before the first day of instruction, SBEC may not suspend or revoke the teacher’s certificate.

Implementation of HB 2519 required SBEC to amend its rules related to contract abandonment.

Amendment process

superstar?

TCTA’s 2021-22 statewide awards program honors those who have made outstanding contributions to public education, the teaching profession or TCTA during the past year.

Nominate TCTA members for: • Leader of the Year • Faculty Representative of the Year • Paraprofessional of the Year • Retiree of the Year Nominate public education supporters for: • Administrator of the Year • Friend of Education (honors a public official this year) • Silver Apple Media Award

Nominations are due May 1 Find more information and nomination forms at

tcta.org/awards 14

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The board conducted a work session and invited four stakeholder participants to serve as a panel to discuss the circumstances that would justify a teacher resigning from a contract. In addition to amendments required to implement HB 2519, SBEC was also interested in using this rule-making process to address its ongoing concerns regarding limitations in its discretion to impose sanctions in contract abandonment cases. TCTA participated on the panel and engaged in a robust discussion with the board and other stakeholders about issues faced by teachers who resign from their contracts after the 45-day deadline.

As a result of this work session, SBEC proposed rule changes. Multiple entities reacted strongly to the proposed rules. TCTA supported the changes, while organizations representing school districts and administrators opposed them, arguing that adopting the rules would result in staffing and budgetary complications for school district administrators.

More than 80 written comments were submitted regarding the proposed rules, and entities representing administrator groups appeared before SBEC throughout the process to voice their objections. However, SBEC ultimately sided with TCTA and educators and adopted the rules, which were then approved by the State Board of Education.

Rule changes

HB 2519 specified that SBEC, in considering contract abandonment cases, “may consider alternatives to sanctions, including additional continuing education or training.” To give SBEC the authority to do this, the rule was amended to create a sanction category in which SBEC may impose conditions that are not linked to a disciplinary sanction.

The amended rule also clarifies the procedure for a new requirement that SBEC give notice to an educator of “the basis for the suspension” and “information regarding the method in which the teacher may respond to the suspension.”

HB 2519 restricts SBEC from issuing a sanction of suspension or revocation for educators who abandon their contracts with school districts 30 days or more before the first day of instruction for the next school year but made no changes to the deadline for educator resignations.

As always, an educator who resigns 45 days prior to the first day of instruction is not subject to sanctions. However, an educator who resigns 44 to 30 days prior to the first day of instruction may be subject to a mandatory minimum sanction of an inscribed reprimand if no mitigating factors apply. An educator who resigns fewer than 30 days before the first day of instruction or at any point during the school year may be subject to at least a one-year suspension if no mitigating factors apply. In any case in which SBEC determines an

NOW PLAYING:

TCTA’s Take on Resignations

TCTA staff attorneys review the laws regarding resignations and debunk several myths in a video series updated to reflect changes to the rules regarding sanctions for contract abandonment. Watch now at tcta.org/legal-services/legal-videos.

Tuesdays with TCTA: Contracts

Dohn Larson and Michael Currie review types of teacher contracts, discuss the new rules regarding resignations and answer questions.

Watch at tcta.org/twt.

educator has good cause for contract abandonment, the educator would not be subject to sanction by SBEC regardless of when the educator resigned.

HB 2519 requires SBEC to consider “any mitigating factors relevant to the teacher’s conduct” prior to imposing a sanction for contract abandonment. Therefore, the new rules provide that SBEC must always review a complaint of contract abandonment to determine whether mitigating factors exist.

If SBEC concludes that there were mitigating factors, it must modify the sanction accordingly or decline to impose sanctions altogether.

Good cause and mitigating factors

The definition of good cause for contract abandonment has been expanded by providing that an educator has good cause to resign if they reasonably rely on written permission from school district administration. This amendment is intended to address situations in which an educator has received an email that appears to release them from their contract or is told by their campus principal or another district administrator that they would be released from their contract.

SBEC will decline to take disciplinary action against an educator who resigns and reasonably understands that he or she has received written permission from district administration to do so.

The amendments add three mitigating factors and a catch-all provision that can potentially reduce or eliminate an educator’s sanction for contract abandonment.

The first new mitigating factor applies to an educator who resigns to take a position that amounts to a promotion from one certification class to another or to a more advanced position within the principal certificate class. The amendment applies to a teacher who resigns to accept a position as a librarian, counselor, assistant principal, principal or superintendent. The amendment also applies to an assistant principal who resigns to accept a position as a principal, superintendent or another more senior administrative position

that requires a principal or superintendent certificate. This amendment is intended to give educators more flexibility to advance their careers.

The second new mitigating factor allows SBEC to impose a reduced sanction or dismiss a complaint when an educator resigns due to a decrease in the educator’s base pay, excluding stipends, as compared to the prior year in the same school district. This is intended to address situations in which an educator signs a contract with the understanding that their salary will fall into a certain range, but does not learn what their exact salary for the school year will be until after the 45th day before the first day of instruction, when they can no longer resign without penalty.

The third new mitigating factor allows SBEC to impose a reduced sanction or dismiss a complaint for contract abandonment when an educator resigns a contract due to working conditions that reasonably pose an immediate threat of physical harm to the educator. This amendment allows SBEC to reduce the penalty, or decline to impose sanctions altogether, to reflect the severity of the risk of physical harm an educator faced before resigning.

While TEA staff may make recommendations, SBEC retains discretion to determine the final sanction and the amount of reduction in penalty allowed for each mitigating factor.

Conclusion

The goal of HB 2519 and the amended rules is to provide additional flexibility to the State Board for Educator Certification so that it exercises its disciplinary authority in a just and appropriate manner. TCTA believes that prudent application of that authority will result in the ability of qualified educators to remain in the education profession and continue to advance in successful careers in their chosen field.

This article is not a substitute for legal advice. TCTA members with questions about resignations should call the Legal Department at 888879-8282 for assistance.

Spring 2022 | THE CLASSROOM TEACHER

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Community efforts to ban books draw resistance from librarians

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rchestrated efforts to ban certain books deemed “pornographic” from school libraries across the country are being met with resistance from librarians, students and other groups who say access to a variety of viewpoints is an essential part of a well-rounded education.

In March, the Texas Library Association launched Texans for the Right to Read, a grassroots coalition working to stop schools from removing nearly 850 books cited by a lawmaker in October that primarily address LGBTQ issues, sexuality, women’s issues and race.

“The right to receive an education is something that is foundational to America,” TLA President Daniel Burgard said in a statement. “Possibly the most important skill students learn is how to develop a curious mind and think critically about a broad spectrum of subjects. Removing books based on the subjective opinions of elected officials has no place in our state or our democratic republic.”

Students are forming their own clubs to read some of the books that adults want banned, such as “The Handmaid’s Tale” by Margaret Atwood and Carmen Maria Machado’s “In the Dream House.”

Even authors are speaking out.

“Some parents want to pretend that books are the source of darkness in kids’ lives,” Ashley Hope Pérez told NBC News in February. Her young adult novel “Out of Darkness” has been repeatedly targeted for its depiction of a rape scene and other mature content. “The reality for most kids is that difficulties, challenges, harm, oppression — those are present in their own lives, and books that reflect that reality can help to make them feel less alone.”

Texas Education Commissioner Mike Morath said the debates over content in schools are a “healthy function of our democracy,” according to an interview with WFAA in Dallas.

“School is a place where you want to nurture the minds of young people and it’s important for young people to be exposed to a steadily growing degree of complexity and a diversity of perspectives. It’s really the role of educators and in fact parents to guide students through that journey…”

Morath said.

“The ultimate decision for the instructional material that kids are exposed to while they’re in their classroom or the library materials that are purchased in their schools … those

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are ultimately the purview of the local school boards. They make the decisions as to the standards and procedures that are adopted in their local contexts and their local communities.”

Law hasn’t changed

Despite the recent scrutiny, the law hasn’t changed.

School and classroom libraries are viewed as places for voluntary inquiry and are treated differently from instructional materials used in classroom instruction, according to the Texas Association of School Board’s resource Instructional Materials and Library Books in Texas Public Schools — What You Need to Know.

Though local school boards maintain authority over curriculum in compliance with state law, they often delegate the selection of instructional materials to educators, including administrators, teachers, library media specialists, other personnel, parents and community members, as appropriate. Boards also provide that the selection of resources is an ongoing process that includes the removal of resources no longer appropriate.

Standards for services

The Texas State Library and Archives Commission with the State Board of Education, adopts standards for school library services (TEC § 33.021). School districts must consider the standards in developing, implementing or expanding library services (13 Tex. Admin.

Code § 4.1). The School Library Programs: Standards and Guidelines for Texas emphasize the intellectual development of students, community collaboration and privacy interests.

Since October, parents and community members across Texas have been calling for districts to act on hundreds of books: • In Katy ISD, administrators pulled nine titles from shelves in November, deeming them “not appropriate for any grade level.” Others, such as Jerry Craft’s “New Kid,” were returned to shelves with new restrictions on which grade levels could read them.

• In North East ISD, 432 books on a 16-page list from Rep. Matt Krause were slated for review in December.

By mid-March, the district had removed 110 titles, citing a lack of publisher reviews, poor professional reviews, outdated content or the book not having been checked out recently, officials told the San Antonio Express-News. The books were replaced with a newer

Teachers can protect themselves by following all local policies when selecting books for classroom libraries and keeping documentation showing they have approval where it is needed. edition or a title that was “more positively reviewed” on a similar topic. Eleven other books were moved to a grade-level library that officials felt was more appropriate, and the remaining 311 books remained on the shelves, said Esmeralda Muñoz, executive director of learning support services.

• In Keller ISD, 33 books have been challenged. As of late March, 10 titles had been removed from circulation and seven others were pending review. The rest remain in circulation.

Per TEC § 26.006, parents are entitled to review all teaching and instructional materials. If a parent or other concerned person thinks a resource found in the library is not appropriate, school districts have complaint policies that allow anyone to present a grievance to the school district.

Most school districts have a special policy regarding the reconsideration of instructional resources, including library books.

Commonly, a parent is asked to fill out a complaint

form, then the appropriate administrator calls together a reconsideration committee, including a member of the instructional staff who is familiar with the resource or has experience using the resource with students, as well as others such as district-level staff, library staff, secondarylevel students and parents, as needed. The committee then reviews the challenged material in its entirety and makes a recommendation to the administration. If the parent is unhappy with the outcome, the parent may appeal.

Committee requirements

Though it differs for each district, TASB explains that a local school board policy may establish the following principles for the committee: 1. A complainant may raise an objection to an instructional resource used in a school’s educational program, even though the professional staff selecting the resources were qualified to make the selection, Continued on page 22 Spring 2022 | THE CLASSROOM TEACHER

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Battle over school vouchers looms large in 2022 elections

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hen the Texas Legislature first codified “parental decrease in satisfaction with public schools over the past year, rights and responsibilities” in law, the aim was creating a 20-point gap between parents and non-parents. to ensure parents could get answers to questions The poll also found that eight in 10 public school parents about their own child’s education. would choose to keep their child in their current school even “This was about parents’ access to the public schools and if other options were available. about making the public schools more responsive to the Nevertheless, the prospect of a bruising battle over private parents,” said former state Rep. Scott Hochberg, who crafted school vouchers looms large in the 2022 elections for the that section of the Education Code in 1995. “The purpose Texas Legislature. was to make the public schools work better and to give “It’s going to be the closest margin we’ve seen between parents an outlet.” legislators who are pro-traditional public education and those Today, the rhetoric around parental rights is very different, who are pro-voucher,” said Paige Williams, TCTA’s director pitting parents against teachers and schools and creating of legislation. “And it could be a very slim margin.” an adversarial environment around health and safety, How slim could be determined by the results of a handful curriculum, books and more. In his of Republican runoff elections in May. interim charges to the Texas Senate in Public education supporters have Public education April, Lt. Gov. Dan Patrick ordered successfully beat back voucher efforts supporters have the Senate Education Committee to over the years with a bipartisan coalition successfully beat “review Texas’ existing parental rights made up largely of rural Republicans and and responsibilities in current law” and urban Democrats. back voucher efforts “make recommendations to enable That coalition has been particularly over the years with parents to exert a greater influence on important in the Texas House, which their child’s learning environment.” a bipartisan coalition last session voted 115-29 for a budget Proponents of private school amendment that prohibited the use made up largely of vouchers have seized on this moment of appropriated dollars for “a school to revive their longstanding goal of rural Republicans and voucher, education savings account, diverting billions of public dollars to tax credit scholarship program or a urban Democrats. But or unaccountable private schools in the similar program through which a child name of “school choice.” may use state money for nonpublic the dynamic in 2023 “The time is ripe to set Texas children or secondary education.” could be significantly primary free from enforced indoctrination and Despite that lopsided House vote different due to some last year, the dynamic in 2023 could be Big Government cronyism in our public schools,” according to a fundraising letter key retirements and an significantly different due to some key from the Texas Public Policy Foundation, retirements and an influx of pro-voucher influx of pro-voucher campaign money. a conservative think tank in Austin.

The TPPF proposal would give parents On the other side of the Capitol, campaign money. total control over public dollars to be there’s little question that the Texas used for private school tuition or other educational services.

Senate will pass a voucher bill given Patrick’s ardent support It’s not clear if lawmakers would embrace this particular for the issue and his control of the chamber. (His Democratic model, which would create a long list of challenges for public challenger in November will be determined in a May runoff.) schools and the state without any evidence of improving Gov. Greg Abbott’s position, though, is a little murky. student performance.

He sought to capitalize on the discord during his primary Recent polling suggests that the narrative of parental campaign by releasing a Parental Bill of Rights, most of which discontent is overblown. already exists in statute, and promising “a stronger, swifter, “Texas public school parents’ ratings of their community’s more powerful movement advocating school choice than public schools have surged since the onset of the coronavirus you’ve ever seen in the history of the State of Texas.” pandemic, signaling broad appreciation of schools’ — He did not, however, specifically endorse private school and teachers’ — efforts to respond amid closures and vouchers during the primary, even though his challengers controversy,” the Charles Butt Foundation said in a polling were pressing the issue. (Beto O’Rourke, Abbott’s Democratic report in January. challenger in November, opposes vouchers.)

Non-parents, on the other hand, registered a significant For teachers, the stakes in this voucher fight are particularly 18

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high. Any sort of voucher scheme would likely undermine efforts to invest in what is needed to improve teacher compensation and working conditions after more than two years of pandemic instruction.

“A fight over vouchers will distract the Legislature from addressing the true issues that need to be fixed in public education,” Williams said. “And if vouchers were to pass, the uncertainty in school funding would give districts yet another excuse not to provide teachers the pay and support they absolutely need and deserve.”

Runoffs to Watch

The primary runoffs in May give teachers a great opportunity to make their voices heard.

The party primaries are the most consequential elections in Texas. Few legislative races on the November ballot are expected to be competitive, with most districts drawn to favor a particular party, so voting in the primary is the best opportunity for educators to influence whether they will be represented by a more education-friendly candidate.

Texas has a history of dismal turnout in primary elections and this year was no different. The March 1 primary, which featured high-profile, big-dollar statewide races in both parties, drew less than 18% of registered voters in Texas. The turnout for the May runoffs is expected to be even lower, so every vote will make a big difference.

Texas primary runoff dates to remember • April 25 — Last day to register to vote for the May 25 primary runoffs.

• May 16 — First day of early voting for the runoffs.

• May 20 — Last day of early voting.

• May 24 — Primary runoff election day.

Any registered voter may cast a ballot in the runoffs.

However, voters who voted in either the Democratic or Republican primary may only vote in the same party’s runoff.

Voters who sat out the March 1 primaries may vote in either one of the parties’ runoffs.

The results of these elections will directly influence the laws and funding decisions that affect teachers. For more information on candidates in the runoff, please visit the Texas Teachers Vote website: texasteachersvote.org.

The following are key primary runoffs in which the bolded candidate has received support from pro-public education organizations, including Parent PAC and ACT for TCTA, our political action committee: House District 73 Republican Primary Barron Casteel Carrie Isaac House District 19 Republican Primary Justin Berry Ellen Troxclair House District 12 Republican Primary Rep. Kyle Kacal Ben Bius House District 61 Republican Primary Frederick Frazier Paul Chabot Spring 2022 | THE CLASSROOM TEACHER

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Nydia Alvarez-Alonzo President-Elect

Vivian Burleson

Budget Chair

Melody Young

C&I Chair

Melanie Love

Services Chair

Victor Alonzo

Director-at-Large

Albert Mosqueda

Director-at-Large

Angela Reyes

Director-at-Large

Delegates elect new leaders and discuss policy during TCTA’s 2022 Annual Meeting

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tate President Sherry Miller of Killeen presided over the Representative Assembly on Feb. 26 during TCTA’s 2022 Annual Meeting. Delegates elected new members to TCTA’s Executive Board for terms beginning June 1: Sherry • President-Elect: Nydia AlvarezMiller Alonzo, Mission • Budget Committee Chair: Vivian Burleson, Northside • Curriculum & Instruction Committee Chair: Melody Young, Sherman • Teacher Personal Services Committee Chair: Melanie Love, Pottsboro To ensure minority representation on the Directors’ Council, delegates also elected three Directors-at-Large: • Victor Alonzo, Mission • Albert Mosqueda, San Benito • Angela Reyes, Muleshoe District Coordinating Councils also elected district directors to two-year terms on the Directors’ Council: • District 4: Dawn Hopkins, Lamar Consolidated • District 10: Mocha Wohlgemuth, Whitesboro • District 12: Omar Esson, Killeen • District 14: Thomas Evans, Abilene • District 16: Christina Johnson, Amarillo • District 18: Susan Vermillion, Midland • District 20: Kim Villarreal, North East

Policy discussions

During the virtual meeting, delegates and member guests were divided into small groups to discuss policy issues.

The discussions focused on what the Texas Legislature should know about the current state of education and the teaching profession.

Delegates shared concerns about teacher salaries, heavy workloads and the struggle to help students catch up 20

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from pandemic disruptions. They also talked about parental involvement in schools and the need for administrators to support teachers and classroom personnel with student discipline issues.

Ideas for attracting and retaining Dennette teachers included higher salaries and Gardner bonuses, administrators showing more appreciation, designated mental health days and reducing required paperwork and training. TCTA’s lobby team will use the feedback in setting policy positions and in discussions with state officials, other education groups and lawmakers heading into the 2023 legislative session.

Every moment is ...

A crowd favorite during TCTA’s 2019 convention, licensed counselor and retired educator Dennette Gardner returned as this year’s keynote speaker.

Her presentation focused on ways to help educators unwind and lower stress.

“If you don’t have stress, you’re dead,” she said after asking everyone to write down the first idea that came to mind when hearing “Every moment is _____________?”

Using examples and encouraging participation, Gardner explained how the brain responds to triggers that cause stress reactions and urged attendees to think about how they know when they are feeling stress.

“Constant high levels of stress lead to inflammation, and inflammation is the precursor to all modern diseases that are killing us today — heart disease, stroke, cancer, dementia, even diabetes, they all begin with stress.

And chronic stress actually eats away over time at the hippocampus in your brain, which can lead to memory loss and new disorders,” she said. “People who live a high level of stress die about 10 years sooner than others.”

But what do we do about stress? Gardner said we use our super power — the mind.

Dawn Hopkins District 4

Mocha Wohlgemuth District 10

Omar Esson

District 12

STAY IN TUNE WITH “You get to choose where your attention goes, how long it stays there and how deeply you dive into that topic,” she said. “Your thoughts create your emotion.”

Her presentation explained the importance of connecting emotions to your body’s response so that you can recognize warning signals that stress episodes are coming and take action to unwind.

“Whatever you put your attention on expands,” she said.

Gardner also highlighted the importance of sleep, food

Thomas Evans

District 14

Christina Johnson

Susan Vermillion

District 16

District 18

Kim Villarreal

District 20

and movement on well-being, sharing free resources and recommended reading and demonstrating how the power of dance can help you feel better.

“My wish for you is that you can experience life in a way that every moment is precious.”

If you’re feeling overwhelmed by pressures at school or at home, log in at members.tcta.org/members.html and watch her presentation in the Online CPE section to learn her techniques, such as belly breathing, to “delete and disengage” and focus on “joy and happiness” to experience gratitude. You’ll also earn 0.75 hours of continuing professional education credit.

As a gift to all TCTA members to go along with the new swag meeting attendees received, Gardner plans to create a YouTube channel that will include more exercises to focus on mindfulness. The link will be shared in eUpdate as soon as it is available.

Connect with us!

In addition to the many valuable resources you’ll find on our website, tcta.org, and in the eUpdate newsletter, TCTA’s social media channels include Facebook, Twitter, Pinterest and YouTube. Join the discussion and follow us for valuable reminders, tips on classroom resources, links to the latest education news, the occasional joke and other bits of information.

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If you’re not receiving eUpdate in your inbox every other week, check your spam or junk folder and make sure communications@tcta.org is in your contacts or on your safe-sender list.

Need to update your email? Log in to your membership record at members.tcta.org/members and update your information, call the Membership Department at 888-879-8282 or resubscribe to eUpdate using the link to our online form at tcta.org/professional-resources/publications/eupdate.

Spring 2022 | THE CLASSROOM TEACHER

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Continued from page 17 followed the proper procedure, and adhered to the objectives and criteria for instructional resources set out in policy.

2. A parent’s ability to exercise control over reading, listening, or viewing matter extends only to his or her own child.

3. Access to a challenged resource shall not be restricted during the reconsideration process, except the district may deny access to a child if requested by the child’s parent.

4. The major criterion for the final decision on challenged resources is the appropriateness of the resource for its intended educational use. No challenged instructional resource shall be removed solely because of the ideas expressed therein.

In November 2020, a Leander ISD advisory committee began reviewing high school student reading lists after receiving complaints. By December 2021 when its review was complete, 11 books were no longer allowed in the district’s book clubs or in classroom collections.

In Granbury, the superintendent told librarians in January that 130 books were being pulled from shelves for review. In March, a volunteer committee voted to permanently ban three of the books and return the others to circulation.

But the review may not end there. The Texas Tribune, ProPublica and NBC News reported that a new policy approved by the school board grants Granbury administrators broad authority to unilaterally remove additional titles they deem inappropriate, with no formal review and no way for the public to easily find out what has been pulled from shelves.

As challenges continue, teachers can protect themselves by

following all local policies when selecting books for classroom libraries and keeping documentation showing they have approval where it is needed.

TCTA members with questions about instructional materials should call the Legal Department at 888-8798282 to speak with a staff attorney.

PLANNING AHEAD Continued from page 10 well before making retirement-related decisions. You can find more information on the TCTA website at tcta.org/ professional-resources/teacher-employment/benefits.

3. Understand your retirement benefits thoroughly.

School employees are fortunate to have access to a stable defined-benefit pension plan — most private sector employees don’t. But retirement under TRS is not a guarantee of financial security, and teachers should plan accordingly. The two factors most affecting retirees are the lack of benefit increases and the cost of health insurance.

The state does not provide regular or frequent increases in retirement benefits. This is a legislative decision, not one made by TRS. If you retire with a monthly benefit of $3,000, it is entirely possible that your benefit will remain at $3,000 twenty years later. Not only do retirees suffer from ongoing erosion in their buying power caused by inflation, but the actual amount of their monthly check is likely to decrease over time 22

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due to increased health insurance costs. Pushing for a cost-ofliving adjustment (COLA) will be a TCTA priority in the 2023 legislative session.

Those health insurance costs can vary greatly depending on your individual factors at retirement. If you retire before age 65, your insurance premiums under TRS-Care will be much higher than after you turn 65 and become eligible for Medicare. TRS has worked hard to keep premium rates stable (and was even able to provide a premium rebate to TRS-Care participants this year) but general cost trends in health care continue to take larger bites out of retirees’ monthly income.

As teaching gets more exhausting and its rewards harder to come by, retirement becomes more attractive. If you have questions about retirement eligibility or other issues, or are ready to take the plunge, start by talking to a TRS benefits counselor at 1-800-223-8778.

And be sure to check out our April 5 Tuesdays with TCTA webinar featuring TRS Chief Benefit Officer Barbie Pearson, who reviews the retirement process and answers members’ questions. You can watch it now at tcta.org/twt.

EXECUTIVE DIRECTOR’S MESSAGE Continued from page 2 law at a time when the Education Code did not include teacher contracts, planning and preparation periods, duty-free lunch, assured access to health insurance coverage, class-size caps, or most of the other provisions we still talk about today.

The erosion in some of these laws, such as class-size caps and certification qualifications, via the District of Innovation (DOI) law makes me both sad and angry, particularly since in this age of data-based everything, nobody seems to be checking the consequences. And of course, standardized testing has done so much damage. Policymakers keep doubling down on the implementation of it while simultaneously lamenting that our students just aren’t performing better. Does that not suggest, to a reasonable person, that what we’ve been doing since the “Texas Miracle” is not working, and maybe we should pursue another course?

But this is not the time to digress into a policy discussion.

From my perspective, COVID has been an inflection point, and a great many things have changed and are not going to go back to the way they were before, including in public education. Though this is a time for improvements and

enhancements, it also seems to me to be a logical time to move to a new executive director, who can bring both a solid grounding in our history and a fresh perspective. The realization that it’s probably time to let someone else take the lead is gradual, kind of like getting fat (though one of our delegates did, to my amusement and chagrin, once approach me in the ladies room with something along the lines of “Girl, you’ve put on some pounds!” I would prefer to leave before someone similarly points out that I’ve put on some years.)

It has been an incredible honor and privilege to have worked for and with you for these many years. One of the best things about the position is that it never gets boring; there is always something new and previously unencountered, to go along with the issues that are revisited perpetually.

There are so many of you I need to thank, and I plan to reach out to many of you in the months ahead and hope not to lose contact. I will miss (almost) all of you. You will continue to have my best wishes and best efforts to be recognized as the courageous and accomplished professionals that you are. With that, I’ll say my goodbye, and hope that our paths cross again.

Plan an adventure and save on summer fun!

Take advantage of TCTA’s cost-saving programs as you plan your summer vacation.

Log in at tcta.org/membership/discount-programs to find deals on amusement parks, movie tickets, professional sports, zoos, museums, concerts and more.

Save on car rentals with Alamo, Avis and Budget. Reserve hotel rooms with participating Choice Hotels or Wyndham Hotels & Resorts, which include La Quinta properties.

Explore the savings today and make the most of your membership!

Spring 2022 | THE CLASSROOM TEACHER 23

Texas Classroom Teachers Association PO Box 1489 Austin, TX 78767-1489 888-879-8282 | tcta.org

PERIODICALS POSTAGE PAID AT AUSTIN TEXAS

Return Service Requested

Don’t wait until fall to renew your TCTA membership — sign up during our spring campaign!

Starting May 9, log in at members.tcta.org and renew with credit/debit or PayPal or go to tcta.org/renew and fill out the payroll deduction form to ensure your coverage continues when you return to school in August.

Invite your colleagues to join for the 2022-23 school year with Take 2, Make $25.* Coverage begins Aug. 1, 2022, or the date they sign up, whichever is later.

Send them to tcta.org/join to sign up starting May 9 or call 888-879-8282. *For every two NEW Active-level members you recruit for TCTA, we’ll send you $25! Go to tcta.org/take2 for details.