The Classroom Teacher | Winter 2021-22

THE MAGAZINE of the TEXAS CLASSROOM TEACHERS ASSOCIATION Winter 2021-22 | Volume 41 | Number 3

Addressing controversial content in classrooms

How to comply with new ‘critical race theory’ law ALSO INSIDE: Reducing mandatory CPE | Understand laws about student discipline TRS changes employment after retirement rules | Meet the candidates for statewide office

PRESIDENT’S MESSAGE

A call to action

A

s I write this, it’s that time of the year: Children are busy making gingerbread cookies and paper chains to either decorate a classroom Christmas tree or to use as they count down to the winter break. Holiday concerts, winter programs, food drives, book fairs and parties are but a few of the activities that keep students occupied before the holidays. Many teachers and staff members wear Christmas sweaters or shirts that help brighten the mood.

It does not take long, however, to see that the above-mentioned scenarios may not be as they appear. For educators, this has been an extremely challenging year.

Schools are back in session but the academic and social-emotional losses for our students that occurred during the past 21 months are devastating. Teachers are working diligently to try to bring the students to grade level. This process takes time, and, in some cases, skill progression is not being attained fast enough due to gaps in student learning.

Many classrooms in Texas are overcrowded, with 30-plus students, making it difficult for teachers to provide the consistent attention students need and deserve.

Additional requirements adding to the workload for teachers may include reading academies, Teacher Incentive Allotment program requirements, PLC assignments, book studies, student testing, and additional after-school meetings, to name a few. All of these “extra” duties take time, which is draining teachers of the energy needed to provide assistance and instruction for their students.

The emotional and physical tolls of the past 21 months have been high. Teachers are retiring or changing careers in record numbers.

Although the teaching profession was already experiencing shortages over the past several years, the COVID-19 pandemic exacerbated it. In my district alone, we have close to 300 vacant teaching positions. Some of our current teachers are emotionally and physically drained and cannot continue to teach. They literally have nothing left to give.

Districts across the state have held or attended job fairs to hire new teachers. Some districts are offering bonuses of $1,000 or more to teachers and other employees to encourage personnel to fulfill their current 2021-22 contracts. My district, Killeen ISD, approved an incentive program in December to reward employees not only for staying in the district, but also to help recruit new teachers to fill vacant jobs. Several other districts offer signing bonuses or have increased substitute teacher pay to cover classrooms until enough teachers are hired.

The percentage of educators retiring or leaving the profession is outpacing the number of new college graduates and alternatively certified teachers. This is concerning. What personnel and curriculum decisions/changes will have to be made in the future to educate our children if we do not have enough certified teachers to instruct all of our Texas students? Depending on your district, those issues may already be present. Austin ISD, for example, has considered scheduling changes to help meet staffing shortages.

Years ago, TCTA created “Action Alerts.” Members are notified during legislative sessions when an important bill (often not favorable for teachers and/or students) is up for a vote. TCTA members are encouraged to write letters or call their legislators to explain the impact the bill would have on education and encourage them to vote to support TCTA’s position. In many cases, the phone calls and letters have prevented a bad bill from being passed.

Sherry Miller

Continued on page 22 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

Winter 2021-22 | Volume 41 | Number 3

DEPARTMENTS

2

12

On the Cover

President’s Message

Addressing controversy and ensuring accuracy

4 TCTA News & Notes

‘Critical race theory’ law has teachers concerned about classroom discussions

8

Six months after Texas lawmakers passed one of the nation’s first bills targeting “critical race theory” in public education, teachers across the state are grappling with how to comply with the new law without sacrificing historical accuracy.

“What I’m hearing is fear,” said Dr. Lawrence Scott, an assistant professor of education leadership at Texas A&M University–San Antonio.

Washington Watch

9 Legal Notes

10 Planning Ahead

FEATURES

16

TCTA works to reduce required teacher training through Senate Bill 1267 Teachers don’t have enough time. That’s one of the consistent messages we’ve heard from our members over the years, and they point to teacher training requirements as a major contributor to the problem. Every session, TCTA works with legislators who have filed teacher training bills to impress upon them the need to see the broader picture of teacher training demands, and we’ve succeeded in reducing

or mitigating some training demands on teachers. The latest effort resulted in Senate Bill 1267.

20

TCTA’s 2022 Annual Meeting is Feb. 26 The TCTA Representative Assembly will convene on Saturday, Feb. 26, during the 2022 Virtual Annual Meeting, so no one needs to request time off to attend. Delegates will elect statewide officers for 2022 during the meeting.

Meet the candidates whose names will be on the ballot.

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 © 2021. 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.

Winter 2021-22 | THE CLASSROOM TEACHER

3

TCTA NEWS & NOTES

Legislation filed to revise WEP calculation for Social Security U.S. Rep. Kevin Brady (R-Texas) has once again filed legislation in the U.S. Congress that would revise one of the two Social Security penalties that affect many Texas school employees.

HR 5834 is also known as the “Equal Treatment of Public Servants Act of 2021.”

Most Texas school employees work in school districts that do not participate in Social Security. Many of those employees could be eligible for benefits either through their spouse or through their own employment in a job in which they did pay into Social Security. Federal law reduces Social Security benefits for employees who receive a public pension, such as TRS, that is based on work in which they did not pay into Social Security.

Bills have been filed for many congressional sessions to completely repeal the federal penalties, which are known as

the Government Pension Offset (for spousal benefits) and the Windfall Elimination Provision (for the employee’s own earned benefits). Brady’s bill would replace the WEP with a revised, fairer calculation that would not eliminate the penalty but would lessen the reduction for most affected retirees.

The legislation would also provide a rebate for those already receiving reduced payments under the current formula.

The bill currently has 43 cosponsors, 22 of whom are from Texas, and was referred to the House Committee on Ways and Means in November.

Similar legislation by Brady received a committee hearing in 2016 but did not progress beyond that point. TCTA supported that bill, while still making clear in our testimony that our members would prefer to see a full repeal of both the WEP and the GPO.

SBOE approves revised K-8 Science TEKS, OKs some health materials At its November meeting, the State Board of Education completed final amendments to the new K-8 Science Texas Essential Knowledge and Skills. The SBOE finalized adoption of the new Science TEKS at a special meeting Dec. 1. The process of amending the Science TEKS began in early 2020 with high school courses.

The SBOE is now in the process of reviewing and revising the Social Studies TEKS for grades K-12. TEA asked for educator input in December and work groups will provide recommendations to SBOE members in the coming months.

At November’s meeting, the board also approved instructional materials from Goodheart-Willcox for Grades 6-12 health education and for one high school course in physical education. The instructional materials will be introduced to classrooms in the 2022-23 school year, at the same time as the new Health TEKS. The new TEKS, which SBOE members approved last year, allow school districts to teach middle school students about forms of birth control aside from abstinence.

some revisions to address concerns, the board approved the Goodheart-Wilcox materials for grades 6-12. The recommended materials for grades K-5 were not approved.

While districts are not required to purchase instructional materials on the state’s adopted list, districts must ensure that the materials they use provide 100% coverage of the TEKS.

The board heard hours of public testimony outlining concerns about the proposed sex education materials, mostly centered around the belief that they did not do enough to present abstinence “as the preferred choice of behavior in relationship to all sexual activity for unmarried persons of school age” as required by current law. After the publisher agreed to make

In other action, the board approved proposed new TEKS for Education and Training; Health Science; Hospitality and Tourism; Law and Public Service; and Science, Technology, Engineering, and Mathematics. The new career and technical education standards are designed to better support the CTE programs of study.

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.

4

tcta.org | 888-879-8282

TCTA NEWS & NOTES

TCTA affirms draft SBEC rules reducing, limiting mandatory CPE TCTA testified in support of draft rules presented to the State Board for Certification at its December meeting that reduce the number of mandatory CPE topics for teachers and cap the number of CPE hours required for the remaining mandatory topics. The board gave initial approval to the rules, which were developed in response to Senate Bill 1267. (See page 16 for more on SB 1267.)

In keeping with the goal of “right-sizing” educator training requirements, the recommendations included eliminating a number of mandatory CPE topics — both because they were duplicative and to reduce the overall number of mandatory CPE training requirements. This in turn serves the goal of allowing educators as much discretion as possible in the CPE they choose to pursue, thus recognizing them as the professionals they are.

TCTA worked closely with TEA staff in developing the draft rules, after successfully encouraging the board at its October meeting to reject a proposed option to add the deleted topics back into another place in SBEC rules. TCTA will remain involved as the rules move toward final approval.

TCTA testifies with concerns about proposed performance assessment licensure exam TCTA joined a broad coalition of stakeholders in expressing concerns to SBEC about a proposal to substitute a performance assessment for the current Pedagogy and Professional Responsibilities exam for teacher certification.

The subject-specific pedagogical performance assessment being proposed by TEA is edTPA, owned by Stanford University/Scale and administered by Pearson.

In its third year of being piloted in Texas, edTPA was included as a discussion item on SBEC’s December agenda, with plans to formalize use of edTPA for initial certification in draft rules to be presented at its February 2022 meeting. TCTA testified

that putting up an expensive barrier to a profession that is extremely fragile at this point in time, without meaningfully addressing ways to make the profession more attractive, could prove disastrous. To read more, go to tcta.org/latesteducation-news and filter by category for Certification and Training.

SBEC gives final approval to rules governing contract abandonment, sending them to SBOE During the December meeting, SBEC members also gave final approval to amend rules related to contract abandonment and the circumstances under which teachers may resign from a contract without penalty.

Testimony at October’s meeting prompted revisions to the proposed rules, and those changes were discussed in December. TCTA staff attorney Julie Leahy urged flexibility with regard to sanctions when a change in the teacher’s personal situation or workplace occurs in which the teacher feels unsafe or experiences unsatisfactory working conditions.

After vigorous discussion, SBEC members voted to adopt the proposed rule changes. However, the proposed rules do not become final until they are approved by the State Board of Education. Read more at tcta.org/latest-education-news and filter by category for Certification and Training.

National Board-certified teachers must update info by Jan. 31 The Teacher Incentive Allotment program allows eligible classroom teachers with a National Board certificate to earn a recognized designation and generate allotment funds for their school district ranging from $3,000 to $9,000 based on the district’s location and level of socio-economic need.

To ensure they are eligible for the designation, National Boardcertified teachers must update their directory information to show their employment in a Texas public school by Jan. 31.

Designations for newly certified National Board teachers will be awarded in April 2022 and will be retroactive to the beginning of the 2021-22 school year. The teacher’s

designation will expire at the end of the school year following the expiration of their National Board certificate. For example, if the certificate expires on Nov. 30, 2021, the recognized designation will remain active until July 31, 2022.

School districts and charter schools may also request reimbursement of eligible fees paid to the National Board for Professional Teaching Standards for teachers who certified or renewed in 2019 or later. The annual application window runs from Jan. 3 to March 31.

Learn more about National Board certification at tcta.org/ nationalboard.

Winter 2021-22 | THE CLASSROOM TEACHER

5

TCTA NEWS & NOTES

TEA removes waiver option for science labs after TCTA objections In the Texas Education Agency’s final adopted rules on school facility standards, several changes were made in response to requests from TCTA. TCTA submitted comprehensive comments on the rules when proposed, including requesting that the rules clarify that school districts must consider input from teachers and others in developing long-range facility plans. We also requested removal of a provision that would allow districts to waive lab space standards, particularly given the high-risk nature of science labs.

TEA made both of the requested changes, and noted that in removing the waiver option for science lab standards that “it is a district’s responsibility to ensure that safety standards are met and that class size does not exceed the number for which the space was designed.”

Additionally, TCTA objected to provisions in the proposed rules giving school districts discretion in considering the statutory School Library Standards and Guidelines when developing, implementing, or expanding library services. TEA agreed with TCTA’s arguments, and the adopted rules make it mandatory for school district consideration.

The final adopted comprehensive set of school facility rules — Adopted Revisions to 19 TAC Chapter 61, School Districts, Subchapter CC, Commissioner’s Rules Concerning School Facilities — additionally makes several improvements to school facility standards, including: •

Combination science classrooms/laboratories for kindergarten-grade 8: increased square footage per student and set a maximum number of students;

•

Science labs in grades 6-8: increased square footage per student and set a maximum number of students;

•

Combination science classrooms/laboratories and science labs for grades 9-12: set square footage per student standards and a maximum number of students; and

•

Capital improvement projects: a school district must consider the use of designs, methods and materials that will reduce the potential for indoor air quality problems, as well as the use of sustainable school designs.

The changes went into effect Oct. 12. Read more at https:// tinyurl.com/2p9dk2d2.

MEMBER ACCOLADES

TCTA member wins district award for creative teaching TCTA member Jessica Whitman was honored recently with the $1,000 Dorothy Huffman Award for Creative Teaching during a surprise presentation in her classroom at Ben Milam Elementary School in Wichita Falls ISD. The award is given annually to a third-grade teacher in Wichita Falls ISD, and the funds can be used in the classroom however the teacher chooses.

“We’re going to do something fun for the kids, maybe a field trip of some kind,” Whitman told the Times Record News.

Ben Milam Principal Gena Ayers and other Wichita Falls ISD officials presented the award in October.

“Mrs. Whitman is an amazing teacher that refuses to let her students fail,” Ayers said in a statement from the district. “She 6

tcta.org | 888-879-8282

loves on them, pumps them up, and gets them excited about math.”

TCTA member elected president of national foreign language group TCTA member Akash Patel was recently elected as the next president of the American Council on the Teaching of Foreign Languages.

The Spanish teacher at Dallas ISD’s Ignite Middle School will assume the role in 2023. The American Council on the Teaching of Foreign Languages has a membership of more than 13,000 and presidents serve three-year terms.

Patel told KERA he’s “ready to help foreign language teachers tackle the task of making up pandemic-created academic losses, and using instructors’ newfound knowledge of teachat-home tools like Zoom or Teams, all in an effort to shrink the globe just a little more.”

TCTA NEWS & NOTES

TEA emphasizes support for teachers as STAAR moves online TEA has announced a suite of new resources to support districts in the transition to online state summative assessments that will be implemented in the 2022-23 school year. The resources include a Transition to Online Assessments Implementation Guide with criteria for a successful online implementation and next steps based on experiences from Texas public school systems that have already moved online. House Bill 3261, enacted by the 87th Texas Legislature in 2021, requires state assessments to be administered online by the 2022-23 school year. This transition will require nearly all students to be assessed online beginning in December 2022, with the exceptions of students taking the STAAR Alternate 2 assessment and students who require accommodations that cannot be provided online.

Among the criteria in the Transition to Online Assessments Implementation Guide are those related to supporting teachers in the transition, including: • Involving teachers in the development of the online transition plan and ensuring that the district/campus continues to gather teacher feedback once the plan is in use; • Developing a launch plan providing that before administration, teachers have the chance to give feedback and proactively troubleshoot issues for online testing for their classroom and that after test administration, teachers have the chance to give feedback on testing logistics and environment; and • Creating and tailoring professional development opportunities for teachers to promote technology literacy and technology use in instruction as well as setting up

troubleshooting and technology learning opportunities for teachers within weekly PLCs. TEA emphasized in its announcement that educators, students, and families have many opportunities to familiarize themselves with the STAAR online testing platform via online assessments. Read more at https://tinyurl.com/8hkytckc.

In addition to the move to online testing, other changes are coming to the STAAR tests in 2022-23: • New types of non-multiple-choice questions; • Reading comprehension questions that reference topics that have been taught in other subjects; and • Elimination of stand-alone writing tests by incorporating writing into reading language arts tests.

TCTA staff attorneys answer questions about timely topics In November, TCTA’s staff attorneys kicked off a monthly 30-minute webinar series to answer members’ questions about education issues.

Featuring topics based on inquiries from members, November’s session focused on extra duties and planning and preparation time. Gerald Francisco and Julie Leahy reviewed the laws and provided examples to help teachers navigate challenges they’re facing this school year. In December, Dohn Larson and Michael Currie covered the key laws governing student discipline before answering questions about removing students from class and discipline for special education students.

Both sessions are available for TCTA members to watch on demand at tcta.org/legal-services/twt.

At 6 p.m. Tuesday, Jan. 11, attorneys will provide a brief update on the lawsuits surrounding face mask mandates in schools.

They’ll also provide information and answer questions about appraisals and contract renewals. Members can find the link to register and submit questions at tcta.org/legal-services/twt.

Other upcoming sessions include Feb. 1 and March 1. If you have topics you’d like TCTA’s attorneys to cover in these sessions, email us at communications@tcta.org.

Winter 2021-22 | THE CLASSROOM TEACHER

7

WASHINGTON WATCH

TEA fined $33.3 million for failure to comply with IDEA

A

fter several years of back and forth between the Texas Education Agency and the U.S. Department of Education regarding special education accommodations, TEA was recently fined $33.3 million for noncompliance with the Individuals with Disabilities Education Act. The federal IDEA law ensures that all students with a disability are provided with a free and appropriate public education, tailored to their individual needs.

Problems surfaced in the 2016-17 school year, when it was reported that Texas did not spend at the appropriate rate (defined by a federal standard) on students with disabilities — a $41.6 million shortfall. A disagreement over an appropriate rate of support for special education needs resulted in a 2018 lawsuit before the U.S. Fifth Circuit Court of Appeals, which ruled in favor of the U.S. Department of Education.

Afterward, TEA pledged to implement corrective actions to comply with the law.

TEA increased its spending on special education funding by nearly $1 billion over a four-year period and increased the number of students with disabilities it served by 54,710 and the number of students evaluated by 56% over a two-year period. As recently as October 2020, TEA claimed it had completed all recommendations issued by the U.S. Office of Special Education Programs.

However, OSEP disagreed and found TEA was again in violation, having completed only one of the corrective actions. Federal officials gave TEA 30 days to make changes and provide evidence of those changes or it would 8

tcta.org | 888-879-8282

be fined. OSEP imposed special considerations on IDEA grant awards issued to TEA, requiring in part that a Dyslexia Handbook and dyslexia program be implemented, disseminated and monitored.

TEA expressed frustration with the federal government and countered that the agency had made “good faith efforts to address the deficiencies identified,” yet OSEP failed to communicate for long stretches of time and provide technical support and guidance. The issuance of the $33.3 million fine by the U.S. Department of Education took over four years to be realized and is certainly an undesirable last step as the withholding of educational funds has a compounding effect.

The fiscal year 2022 Education Appropriations bill, which at press time is pending in the U.S. Congress, proposes a 62% increase ($25 billion) over the fiscal year 2021 enacted level for the Individuals with Disabilities Education Act. The House Education Appropriations Committee acknowledged the historic underfunding of IDEA programs, falling consistently

below the authorized level, and took action to increase the federal funding provided for special education. If the bill passes as proposed, all states should receive a significant increase in federal funding for special education.

In addition, the American Rescue Plan for pandemic relief signed into law last March provided $275 million to Texas to support infants, toddlers, children and youth with disabilities.

Civil Rights Data Collection

The Civil Rights Data Collection is a U.S. Department of Education survey that is required to be completed by all public local educational agencies and schools, as well as juvenile justice facilities, charter schools, alternative schools and schools serving only students with disabilities.

The CRDC gathers and publishes data about student access to educational courses as well as school climate factors, such as use of discipline and student experiences of harassment and assault, from nearly every public school serving students from pre-K through 12th grade.

The CRDC information, which is used to report on civil rights indicators related to access and barriers to educational opportunity, is typically compiled every other school year. It is a valuable resource for other federal agencies, policymakers and researchers, educators and school officials, parents and students, Continued on page 23

LEGAL NOTES

Understanding student discipline laws

S

ince 1995, Chapter 37 of the Texas Education Code related to school safety has at least doubled in size. Student behavior is a growing problem, and TCTA attorneys say it has never been this difficult for members to get effective administrative help with disruptive students.

Fortunately, TCTA members have access to attorneys with decades of experience, including some who helped write parts of Chapter 37.

Oh, that pendulum.

Thirty-five years ago, the pendulum began to swing. It was time to replace the notion that if a student accused a teacher of misconduct, the student was lying. Districts began taking claims at face value, investigating and taking appropriate actions.

The pendulum has swung so far that some students now make a game of accusing or threatening to accuse a teacher of misconduct if the teacher disciplines or redirects the student.

For teachers, the problem is not only that students (and sometimes their parents) think the accusations are appropriate, but also that districts find it easier to put the teacher on leave (give the student a win) or threaten to terminate or nonrenew the teacher’s contract than to take action against students who use the process to hurt, threaten or retaliate against teachers.

School boards should make it clear that such conduct by students is unacceptable and include in student codes of conduct substantial consequences for students who do so, while protecting students’ right to address teacher misconduct.

Teachers can request changes to student codes of conduct.

Can my principal really do nothing about disruptive students?

Chapter 37 imposes clear duties on principals and campus behavior coordinators. If a teacher sends a student to the office for support with discipline, the administrator must take steps “that can reasonably be expected to improve the student’s behavior before returning the student to the classroom.”

“If the student’s behavior does not improve, the campus behavior coordinator shall employ alternative discipline management techniques….”

If a teacher removes a student from class for repeated, or serious and aggressive, disruption, the administrator should: 1. put the student in in-school suspension, in a disciplinary alternative education program, or in another teacher’s class; 2. convene a removal conference to be held within three school days with the teacher, the parent, the administrator, and the student; and

3. not return the student to the teacher’s class until the conference has been held.

A teacher should not take threats lightly.

Texas law makes it a felony to harm or threaten to harm a teacher by an unlawful act because the teacher was doing their job as a public servant. Regardless of whether the district takes action against the student, the teacher can report the threat to the municipal police.

A district does not enforce criminal laws, but it can enforce its student code of conduct. The SCC may include provisions that give the district disciplinary authority over a student for threats against a school employee regardless of where or when they occur if the threats cause substantial disruption to the educational environment.

The SCC may state consequences for students who use the internet or electronic communications to threaten or harass employees, including off school property, if the conduct causes a substantial disruption to the educational environment.

A provision in some SCCs provides consequences if a student sends, posts, delivers or possesses messages that are abusive, obscene, threatening or damaging to another’s reputation. This provision may apply to messages on or off school property.

Continued on page 22 Winter 2021-22 | THE CLASSROOM TEACHER

9

PLANNING AHEAD

TRS changes employment after retirement rules

R

etirees from Texas public schools return to work for many reasons.

Some find that their TRS pension, lacking regular cost-of-living increases, is not adequate and they want to boost their income. Others enjoy continuing to work with students but appreciate the flexibility of a part-time or substitute schedule.

With the current shortage of substitutes and tutors, retired teachers are in high demand in many districts. Several laws governing employment after retirement were revised during the 2021 legislative session, generally in favor of retirees. If you’re a current retiree, or an active employee considering retiring this year and seeking future employment in a school (or other TRS-covered entity), here’s what you need to know about the changes.

Important note for disability retirees: Many of the provisions noted below are different for, or do not apply to, disability retirees.

Please contact TRS to discuss your specific situation.

First — the basics

State laws and TRS rules regarding employment after retirement (EAR) are designed to protect the retirement system. If EAR laws make it too attractive for teachers to retire early and return to work, high levels of early retirement can have a negative impact on the health of the retirement fund.

There are a couple of hard and fast rules regarding employment after retirement: • A retiree cannot return to TRScovered employment within the first calendar month after retiring.

If your retirement date is June 30, you may not go back to work during July or you will revoke your retirement. There is a special rule regarding May retirements — the law allows an employee to have a retirement date of May 31 but continue working as late as June 15.

In this case, because the member continues working past the official retirement date, the “calendar month” rule includes the remaining portion of June and all of July, so that employee could not return to work before Aug. 1.

10

tcta.org | 888-879-8282

An employee cannot negotiate an EAR agreement with an employer before the end of the one-month break in service.

In general, returning to work can jeopardize a retiree’s monthly TRS check if the employment does not meet one of the many exceptions in place. There are exceptions that relate to when the employee retired, what kind of position they return in, and how many hours/days they work during a month.

A note of caution TRS includes an important warning for employees in its newly revised EAR brochure: “Do not rely on information provided to you by another retiree, co-worker or even your employer. Employment after retirement restrictions can vary depending on when you retired or what kind of job you have, and TRS can help you understand the specific limits or requirements that apply to you.”

Download the brochure at https://tinyurl.com/2p9x5wzy or call a TRS benefits counselor at 800-223-8778.

•

Key changes to EAR laws If you retired by Jan. 1, 2021

A new law provides that if your retirement date is on or before Jan. 1, 2021, there are no limitations on your employment after retirement (other than the bulleted “basics” above). After the required break in service, you can return to work as much as full-time with a TRSparticipating employer and continue to receive your full TRS checks.

After Jan. 1, 2021

If your retirement date is after Jan. 1, 2021, you are subject to restrictions, some of which were revised in the recent legislative session. In general (but always check with TRS for details) you can return: • as a substitute up to full-time, with no limit on the number of days (note that if it is considered a vacant position rather than a true substitute position, the limit is 20 days in a year);

• • • •

in any position up to one-half time (up to 92 hours/month under a new TRS rule); in any position up to full-time after sitting out a full 12 calendar months after retirement; as a tutor up to full-time in a qualifying program (new); or in a federally funded position addressing student learning loss due to COVID-19 up to full-time (new).

Retirees and their employers should also be aware of how the different laws interact. For example, if a retiree works as a substitute AND holds a nonsubstitute position for less than half-time, the combined workdays in a month cannot exceed 11 days. Retirees working in multiple positions should review their situation with TRS to avoid running afoul of the restrictions.

Surcharges

When hiring a retiree for more than half-time (unless in a federally funded COVID-19 position), a district must pay surcharges to TRS. This law was put into place to address the fact that a retiree is working in a position that might otherwise be filled by an active employee who makes contributions to the pension

fund. There is a surcharge paid to the pension fund in the amount of the combined state and member required contributions (currently 15.75% of salary) and a surcharge paid to TRS-Care if the retiree is a participant in that health insurance plan (currently $535/month).

A new law provides that employers cannot pass along these surcharges to their retired employees, either directly or indirectly. This is a double-edged sword: while it may boost take-home pay for retirees whose employers had been taking the surcharges out of their salary, it may also serve as a disincentive for districts to hire retirees.

Penalties

Prior to May 2021, if a retiree did not comply with EAR laws, they would lose their TRS check for the relevant month.

But a new law passed during the legislative session relaxed the penalties to allow for unintentional errors by implementing a “three strikes” penalty system.

Rather than immediately losing their monthly check, upon a first violation, the retiree will now receive a warning from TRS. If it happens again, a second warning will be issued and the retiree will be required to pay the salary earned during that month or their annuity

Good news for TRS pension fund For the first time in its history, the market value of the TRS pension fund is more than $200 billion. With investment returns of nearly 25% between Sept.

1, 2020, and Aug. 31, 2021, far above the benchmark assumption of 7.25%, the greater-than-expected gains helped to paint a rosy picture of the fund’s financial health during the TRS Board meeting in December.

The fund’s improving financial position increases the likelihood that retirees could receive an ongoing benefit increase in the near future, as opposed to the one-time bonus checks that have been approved in recent years. Benefit increases require action by the Texas Legislature; the next regular legislative session begins in January 2023.

Big changes in ActiveCare premium structure The TRS Board was also briefed in December on a new model for determining how much health insurance will cost TRS-ActiveCare participants beginning with the 2022-23 school year. TRS is moving to a system of “regional ratings” that will differentiate ActiveCare premiums according to where participants live. For example, premiums in parts of South Texas will be lower than in East Texas due to large differences in the costs of medical care between those areas of the state. For more information, go to tcta.org/latesteducation-news and filter by category for TRS/Benefits. payment for the month, whichever is less.

For third and subsequent violations, the retiree will forfeit their check for each applicable month.

The laws regarding employment after retirement are complex, and individual situations can be tricky. We strongly

recommend that you check with TRS regarding your specific situation before finalizing an agreement to return to work, to ensure that your employment will not jeopardize your TRS check. You can reach a TRS benefits counselor at 800-223-8778.

Winter 2021-22 | THE CLASSROOM TEACHER

11

Addressing controversy and ensuring accuracy ‘CRITICAL RACE THEORY’ LAW HAS TEACHERS CONCERNED ABOUT CLASSROOM DISCUSSIONS

S

ix months after Texas lawmakers passed one of the nation’s first bills targeting “critical race theory” in public education, teachers across the state are grappling with how to comply with the new law without sacrificing historical accuracy.

“What I’m hearing is fear,” said Dr. Lawrence Scott, an assistant professor of education leadership at Texas A&M University–San Antonio. “Teachers are afraid to explore very critical, crucial conversations that surround race, disparities, inequities, institutionalized racism or systemic racism, even though that’s a part of the natural flow and continuity of conversation within the curriculum.”

While nothing in the law precludes the discussion of those topics, the fear is understandable given the law’s vague language, the lack of direction from the state and the volatile nature of public discourse these days.

12

tcta.org | 888-879-8282

But avoiding the controversial topics isn’t the solution, Scott said, especially since students will likely look for answers online to fill the void.

“Our kids have to have these critical, crucial conversations about race in a safe place — a safe place like a classroom — with the right people and accurate data,” Scott said.

WHAT’S IN THE LAW?

Critical race theory is a decades-old academic framework that examines how racism is ingrained in public policy and legal systems. The theory is primarily taught in graduatelevel courses, but critics maintain it has seeped into public education as well.

The Texas Legislature passed two bills in 2021 that took aim at the teaching of what bill proponents say is critical race theory. House Bill 3979, which passed during the regular legislative session, was in effect for only a few months when it was superseded by Senate Bill 3 in December.

Approved during the second special legislative session, SB 3 cleaned up some of the vague and problematic language from HB 3979. The new law, for example, modified a controversial provision in HB 3979 that directed teachers to explore currently controversial topics “from diverse and contending perspectives without giving deference to any one perspective.”

One school district initially told teachers that meant they had to provide students opposing perspectives on the Holocaust, only to back away from that interpretation amid a public outcry.

Now, a teacher who chooses to discuss a controversial issue of public policy or social affairs “shall explore the topic objectively and free from political bias.”

SB 3 also extended the reach of the law to all classroom subjects — not just social studies — and made clear that nothing in the law limits the teaching of or instruction in the Texas Essential Knowledge and Skills, which eliminates the potential for conflicts between the TEKS and the new law.

In addition, SB 3 included some important protections for teachers. It established that the law does not create a private cause of action (basis for a lawsuit) against an educator and set a high bar for a teacher to run afoul of the law (see box on page 14).

Other key provisions of SB 3 include: • Requires development of a civics training program for teachers and principals or instructional leaders;

Teachers should start with the standard, choose sources carefully and teach the content while keeping their opinion out of it.

• •

•

Requires that districts make online learning portals available to parents; Directs the State Board of Education to revise social studies TEKS, effective starting in the 2022-23 school year, and include “informed American patriotism” in instructional materials; and Prohibits course requirement or credit for lobbying, advocacy, or internships to influence public policy, but permits a teacher to direct a classroom activity

involving students communicating with an elected official so long as the school or teacher does not influence the content of the communication.

Nothing in state law, however, has changed regarding books in the classroom and school library. SB 3 is silent about books, but one lawmaker has referenced language in HB 3979 as part of his recent effort to target hundreds of school library books about race, gender, sexuality, and other issues. That language — prohibiting classroom discussions that could make a student “feel discomfort, guilt, anguish, or any other form of psychological distress because of their race or sex” — was nixed by SB 3.

That said, even if the law hasn’t changed, the political landscape certainly has, so teachers need to make sure they follow all local policies for inclusion of books in classroom libraries and keep documentation showing they have approval where it is needed.

Continued on page 15 Winter 2021-22 | THE CLASSROOM TEACHER

13

COMPLYING WITH SB 3

Senate Bill 3 states that a teacher, administrator or other employee of a school may not require or make part of a course inculcation in the concept that: • one race or sex is inherently superior to another race or sex; • an individual, by virtue of their race or sex, is inherently racist, sexist, or oppressive consciously or unconsciously; • an individual should be discriminated against or receive adverse treatment because of the individual’s race or sex; • an individual’s moral character, standing or worth is necessarily determined by the individual’s race or sex; • an individual, by virtue of the individual’s race or sex, bears responsibility, blame or guilt for actions committed by other members of the same race or sex; • meritocracy or traits such as a hard work ethic are racist or sexist or were created by members of a particular race to oppress members of another race; • the advent of slavery in the territory that is now the United States constituted its true founding; or • with respect to their relationship to American values, slavery and racism are anything other than deviations from, betrayals of, or failure to live up to the authentic founding principles of the U.S., which include liberty and equality.

14

tcta.org | 888-879-8282

The inclusion of a key word — inculcation — should protect a teacher if they simply make content available or make a passing comment. The presence of a book in the library or classroom library is not inculcation, which involves teaching something persistently and repeatedly to implant as an idea or theory.

Ultimately, the school district’s board of trustees or charter school governing body will determine if a teacher has violated the law. Decisions of school districts can be appealed to the commissioner of education, but the commissioner may not overturn a decision of a school board that is supported by substantial evidence. Unless the school board’s decision is clearly not supported by the evidence, the school board’s determination of whether the law has been violated is going to stand. Where there have been and will be problems is where the school board is making determinations based on political pressure.

The law specifically provides that it does not create a private cause of action (basis for a lawsuit) against an educator, but that a school district or open-enrollment charter may take appropriate action involving the employment of any educator based on their compliance with laws and district policy. This does not really change existing employment law. The biggest danger is that failure to comply with the law could be the basis for a reprimand or potential contract nonrenewal.

Continued from page 13

IN THE CLASSROOM

Shalon Bond, director of social studies for Dallas ISD and the incoming president of the Texas Council for the Social Studies, said teachers shouldn’t fear addressing the topics targeted by the law. The key is to engage students in their own learning and let them lead the discussion.

Teachers should start with the standard, choose sources carefully and teach the content while keeping their opinion out of it.

“Kids never have to know where you stand,” Bond said.

Good teaching has always included teaching subjects objectively and free from personal bias. But the politics surrounding the issue have underscored the need for teachers to be prepared to defend their presentations and classroom discussions. Teachers can take notes during discussions that might be construed as controversial or related to the prohibited topics attributed to critical race theory. They could also include references to different perspectives in lesson plans.

Scott agreed that teachers should serve as “facilitators of the conversation as opposed to dispensers of information.”

“The teacher poses the question and students engage and lead the discussions based on their independent research or collaborative research with each other,” Scott said.

Opening the lines of communication with parents will also be essential, Scott said. Some teachers, for example, have sent the curriculum home for parents to review and sign. And involving the parents and community members who serve on the site-based decision-making committees as part of the curriculum discussion will ensure outside voices are heard.

In Dallas ISD, Bond said they’re working to include

transparency to maintain trust with the parents and the community that kids are being educated in line with state standards. The district has also produced short videos explaining SB 3 and opened a hotline where people can get their questions answered.

“Parents can definitely be part of the conversation,” Bond said.

Save on your spring break adventure!

Take advantage of TCTA’s cost-saving programs as you finalize plans for spring break fun.

Log in at tcta.org to find deals on theme parks, movie tickets, sports 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!

Winter 2021-22 | THE CLASSROOM TEACHER

15

TCTA works to reduce required teacher training through SB 1267

T

eachers don’t have enough time.

That’s one of the consistent messages we’ve heard from our members over the years, and they point to teacher training requirements as a major contributor to the problem. The 80-hour reading academies for all K-3 teachers, for example, have proven extremely burdensome, especially in districts that require the training to take place outside of the regular school day.

The proliferation of training requirements for teachers is often the result of well-meaning legislators trying to address a real or perceived problem that has been brought to their attention. But more teacher training is not a silver bullet for all of society’s ills.

The growing list of required training has long been excessive and unwieldy, with too much overlap and/or repetition among separate requirements. This build-up of mandatory training requirements has also crowded out time for educators to self-select meaningful professional development opportunities that are relevant to their classrooms and instructional practice.

Every session, TCTA works with legislators who have filed teacher training bills to impress upon them the need to see the broader picture of teacher training demands, and we’ve succeeded in reducing or mitigating some training demands on teachers.

Between the 2019 and 2021 sessions, TCTA went a step further and pushed for an interim legislative charge aimed at reviewing the entire landscape of teacher training requirements with an eye toward reducing and eliminating any that are duplicative, outdated or unnecessary. As a result, the Lieutenant Governor’s Office tasked the Senate Education Committee with reviewing existing teacher continuing education requirements, professional development and training for teachers as well as examining whether they are appropriate, should be reduced, eliminated or increased to improve student academic outcomes.

The Lieutenant Governor’s Office also formed a Teacher Workforce Workgroup, which was tasked with reviewing existing teacher training and making recommendations to the legislature regarding reducing and/or eliminating any of these requirements. TCTA was a leading participant in the workgroup, serving as a subgroup lead and presenting testimony to the Senate Education Committee on the workgroup’s recommendations.

The workgroup met over the course of nine months to establish a slimmer, more meaningful set of teacher professional development requirements and published its report in November 2020.

The resulting recommendations became the basis for Senate Bill 1267, carried by Sen. Royce West and Rep. J.M.

16

tcta.org | 888-879-8282

TCTA members’ top challenges

In September, TCTA surveyed members to ask about the challenges they’re facing during the 2021-22 school year. The overwhelming response has helped informed our policy discussions with lawmakers and other officials.

24% 21% 21% 34% 69% 45% 18% 20% 19% 17% 16% 23%

work more hours to tutor students who lost learning amid the pandemic. work more hours to complete required Reading Academy training. spend more time on meetings, paperwork and other programs. said they’re not working more official hours this year. are not getting paid to work extra hours. said extra pay would make them feel better about the extra work. are getting paid, but said it doesn’t compensate for the lost time at home. said their biggest challenge is helping students recover lost learning. said their biggest challenge is dealing with COVID-19 and its disruptions. said their biggest challenge is meeting students’ social/emotional needs. said their biggest challenge is too many additional duties/extra hours. cited crowded classrooms and/or discipline problems as the top challenge.

*Note: Respondents could select multiple options on several questions.

Lozano, which did much to restore meaning to teacher professional development and the recognition of teachers as the professionals that they are.

Creating a clearinghouse

One of the specific complaints we’ve heard from members has been repetitive training — the kind that must be done annually, even if the content hasn’t been updated. With this in mind, as part of the workgroup, TCTA helped identify instances in state statute or rule in which annual training was required, and recommended elimination of the requirement where possible. Ultimately, the workgroup’s final recommendations and the resulting provisions in SB 1267: For new employees: Removes the requirement for annual training in suicide prevention; establishing and maintaining positive relationships among students, including conflict resolution; and preventing, identifying, responding to and reporting incidents of bullying.

For STAAR: Requires annual training only for the employee who oversees STAAR administration on each campus; allows the district employee who oversees testing to determine how often other district employees involved in test administration repeat the training.

For school district employees: Requires only the district’s cybersecurity coordinator to complete cybersecurity training annually. Districts, in consultation with the cybersecurity

coordinator, will determine the frequency at which other employees complete cybersecurity training.

For school personnel and school volunteers: Removes the requirement that anaphylaxis training and training on CPR and the use of an automated external defibrillator be conducted annually.

For coaches, trainers, or sponsors of an extracurricular athletic activity: Removes the requirement that CPR and safety training be conducted annually.

In the broader context of workgroup discussions, TCTA pointed out that statutory training frequency requirements were often arbitrary, or the result of a particular interest group’s advocacy. Consequently, a subgroup was formed, in which TCTA participated, to come up with an alternative approach.

Recognizing that how often educators need a particular type of training is often unique to each district and educator, the subgroup recommended that, rather than have training frequency dictated in statute, best practices and industry recommendations regarding frequency should be housed in a clearinghouse published by the State Board for Educator Continued on page 18 Winter 2021-22 | THE CLASSROOM TEACHER

17

Continued from page 17 Certification. Local school boards would annually consider the clearinghouse when adopting their local professional development policies to tailor the frequency of any required training to their own educators’ needs.

SB 1267 requires the clearinghouse to be established by June 1, 2022. Local policy must note any differences adopted by the district/charter school from the recommendations in the clearinghouse and include a schedule of all training required for educators or other school. Local policies must be adopted no later than Aug. 1, 2022.

The bill eliminated provisions for TEA to adopt a schedule of staff development training on topics like suicide prevention, establishing positive relationships among students, and preventing and responding to bullying. It also prohibits the commissioner from adopting rules regarding a required frequency for training unless a frequency is provided by statute and the commissioner is granted explicit rulemaking authority related to that training.

Requiring educator input

TCTA and other workgroup members felt strongly that educators and organizations representing educators needed to be the key advisors on identified best practices and frequency recommendations that will be included in SBEC’s clearinghouse. SB 1267 requires that SBEC establish a clearinghouse advisory group consisting of educators, including classroom teachers and representatives of

18

tcta.org | 888-879-8282

organizations that represent educators, to review and provide input. No later than Dec. 1 of each even-numbered year, the clearinghouse advisory group must complete a review of the clearinghouse and submit a report to the Texas Legislature of the group’s recommendations to reduce, eliminate or consolidate requirements.

Eliminating training topics

As the workgroup identified training requirements in state statute or rule for educators, it became clear that many topics were duplicated. To streamline requirements, the workgroup identified where duplicated training should remain in statute and where it should be removed. SB 1267 eliminated the following topics from mandatory staff development training: • recognizing signs of mental health conditions and substance abuse; and • how mental health conditions, including grief trauma, affect student learning and behavior, and how evidence-based grief-informed and trauma informed strategies support the academic success of students affected by grief and trauma.

The bill also eliminated the following topics from mandatory continuing professional education topics for which educators must obtain a certain percentage of required CPE hours: • students who are eligible to participate in special education programs; • students who are eligible to receive education services required under Section 504;

•

students with mental health conditions or who engage in substance abuse; • students with intellectual or developmental disabilities; • students of limited English proficiency; • how mental health conditions, including grief trauma, affect student learning and behavior, and how evidence-based grief-informed and trauma-informed strategies support the academic success of students affected by grief and trauma.

Again, all of these topics were duplicative and still exist in another place in statute. SB 1267 also requires CPE for educators to include training regarding educating students with disabilities.

Capping CPE hours for mandatory topics

In an ongoing effort to limit the amount of mandatory required training and increase the opportunity for educators to self-select meaningful and relevant professional development activities, the workgroup recommended reinstating a cap of no more than 25% on the number of CPE hours required for certain mandatory topics. SB 1267 provides that educators must obtain no more than 25% of their total CPE hours in the remaining existing mandatory topics.

TELPAS training

Another consistent complaint TCTA has received from members is the burdensome training requirements for educators in administering the Texas English Language Proficiency Assessment. In researching TELPAS training requirements, TCTA discovered that most requirements came from TEA, not from state statute or rule. Accordingly, TCTA advocated for the workgroup to adopt a recommendation to limit and reduce TELPAS training requirements. The resulting SB 1267 provisions prohibit the commissioner from requiring a school district employee to repeat TELPAS training or online calibration activities that the employee successfully completed, except if the administration of or assessment using TELPAS has changed significantly since the employee completed the training.

However, SB 1267 provides that the school district employee assigned to oversee TELPAS administration at a campus may require other district employees involved in administering TELPAS to complete training or online calibration activities.

Finally, SB 1267 prohibits employees from being required to complete TELPAS training or an online calibration activity in one sitting.

Reading academies

Given the concerns TCTA heard from members about the onerous requirements of completing the reading academies for K-3 teachers, TCTA advocated for a deadline extension.

SB 1267 extended the deadline to the end of the 202223 school year, giving educators an extra year to complete training. In addition, SB 1267 provides that reading academies satisfy the requirement for teachers of dyslexic students

How to make things better

In September, TCTA surveyed members to ask about the challenges they’re facing during the 2021-22 school year. We asked what changes would help make this year better, and here are some of the responses we received: • “It would help if some of the workload was taken off my shoulders. The district keeps adding training because they don’t like how we are ‘wording’ the learning objectives, success criteria, etc.”

• “Increase pay and provide more planning time.”

• “Let us teach our students. We are spending too much time in meetings.”

• “Being paid better would help retain staff and give people an incentive to return to teaching. We are severely short staffed due to little incentive to work for the school system.”

• “No Reading Academies for veteran teachers.”

• “More support from parents and administration.

Discipline is becoming a huge problem. Trying to help the students work through their emotions AND succeed in the classroom is taking a toll on our own mental health.”

• “Smaller class size; 28-31 students crammed in a room are too many students even without a pandemic.”

• “Extend reading academy deadlines.”

• “More paid teacher work days. I cannot catch up and am working extra hours and weekends. A pay raise would help too, I’m spending my own money on resources and manipulatives for students.”

• “Better curriculum to help students who are behind. Scheduled days to complete Reading Academy without having to get ready for a substitute.”

• “Have a four-day week with students so that we have can use the extra day to PLAN accordingly, to submit paperwork, read emails and complete other required duties.”

to receive continuing professional education for certificate renewal in dyslexia training, as well as any SBOE requirement for training in the Dyslexia Handbook.

SB 1267 was a very comprehensive bill and included a number of other provisions not discussed in this article.

For more information on SB 1267, go to tcta.org/ sb-1267-streamlining-of-teacher-training-requirements.

Winter 2021-22 | THE CLASSROOM TEACHER

19

STAY IN TUNE WITH JOIN US FEB. 26 FOR TCTA’S 2022 ANNUAL MEETING

The TCTA Representative Assembly will convene on Saturday, Feb. 26, during the 2022 Virtual Annual Meeting, so no one needs to request time off to attend this year.

We’ll have more details in mid-January and links to registration at tcta.org/convention.

Delegates to the Representative Assembly will elect statewide officers for 2022 during the meeting. Positions on the ballot this year include President-Elect, Budget Committee chair, Curriculum & Instruction Committee chair and Teacher Personal Services Committee chair. Even-numbered districts also will elect directors to two-year terms beginning June 1. TCTA may also need to elect directors-at-large to one-year terms to ensure the Directors’ Council holds minority representation that is equal to TCTA’s full membership. The following candidates declared their intent to run by Nov. 28, and their names will appear on the ballot.

Additional nominations for write-in candidates may be made from the floor during the first business meeting on Feb. 26.

NYDIA ALVAREZ-ALONZO | PRESIDENT-ELECT

TCTA MEMBER FOR 19 YEARS CURRENT JOB: First-grade teacher, Leo Marcell Elementary, Mission CISD EDUCATION: Bachelor of Business Administration-Management from The University of Texas-Pan American; certification in Elementary Bilingual/ESL 1-6.

PREVIOUS TCTA LEADERSHIP: Teacher Personal Services Committee Chair, Professional Rights and Responsibilities Committee member, District 1 director, District 1 Coordinating Council vice president, Mission CTA president and faculty representative OTHER EDUCATION LEADERSHIP: TEA’s Proclamation 2014 State Committee, TEA Roundtable Discussion: Educating Children of Poverty, TEA Bilingual Educator Certification and Assessment Committee, TEA Science STAAR Assessment Review Committee; in Mission CISD — Campus Grade Level Leader, Campus Site-Based Decision-Making Committee, District Scholarship Committee, Districtwide Educational Improvement Council, Superintendents’ Breakfast Meeting representative, Mission CISD Leadership Definition Committee; Community Beautification-Annual Trash Bash Campus Organizer, Jr. Master Gardener campus leader; curriculum co-writer for Mission CISD FARMERS program.

AWARDS/HONORS: 2020 Beautify Texas Community Awards Judge; 2019 honored as founding member of Mission Community Night Out; 2013, 2015, 2017 regional organizer for Save Our Schools Rally to the State Capitol; 2003 proclamation from the Texas House of Representatives designating chips and salsa as the state snack of Texas (with second-grade students); 2003 and 2001 Campus Teacher of the Year CANDIDATE STATEMENT: I have been a TCTA member for 19 years and proudly served in a number of local and regional positions. I humbly ask for your support for the office of President-Elect. I am confident that the positions I have held and the mentoring I have received have prepared me to make a positive impact as your President-Elect. My local CTA has been recognized for going the extra mile to develop and highlight teacher services. Mission CTA has an exemplary reputation as reflected in our local’s growth. As local president, I take great pride in serving our members and community. As a District 1 officer, I have had the privilege to be a part of a tradition of strong regional leadership. Monthly meetings, even throughout the pandemic, have given us the opportunity to collaborate and strengthen District 1. At the state level, I have served as District 1 director and Teacher Personal Services Committee chair. This has given me the opportunity to work closely with staff at headquarters. I have witnessed first-hand how this group of people work tirelessly, in conjunction with the Executive Board members, to serve our members.

I now ask for your support as it would be an honor to serve an organization that has provided so much support for myself and others. I am prepared to contribute to the continued success of TCTA. My goal as President-Elect is to advocate for educators and our students. We have been through so much together and together we will overcome!

20

tcta.org | 888-879-8282

VIVIAN BURLESON | BUDGET

TCTA MEMBER FOR 15 YEARS CURRENT JOB: Gifted and talented/enrichment specialist at Fernandez Elementary, Northside ISD EDUCATION: Master of Education from Our Lady of the Lake University; Bachelor of Arts in Performance Studies from the University of Mary Hardin-Baylor; certifications in EC-4 Generalist, 4-8 Science, and supplemental EC-8 Gifted and Talented.

PREVIOUS TCTA LEADERSHIP: District 20 director, faculty representative for Northside CTA. OTHER EDUCATION LEADERSHIP: Campus team leader, teacher mentor, and district GT curriculum writing committee member.

AWARDS/HONORS: Texas Regional Collaborative for Excellence in Science and Math Education award in 2015 CANDIDATE STATEMENT: I am running for Budget Committee chair because I believe that staying active in supporting TCTA is important. The work that TCTA does on behalf of educators is critical, and I feel called to help that work in any way possible. As your Budget Committee chair, I would work with staff to ensure that your TCTA funds are managed responsibly. I would promote transparency by communicating to members how funds are utilized through the annual budget committee report, and I plan to help analyze current budgeting practices in order to maintain and improve alignment with TCTA’s organizational objectives. I believe in TCTA’s vision for Texas educators, and would be honored to help make that vision a reality by serving as your Budget Committee chair.

MELODY YOUNG | CURRICULUM & INSTRUCTION

TCTA MEMBER FOR 24 YEARS CURRENT JOB: AP Statistics, Honors Precalculus, and Honors Algebra 2 at Sherman High School, Sherman ISD EDUCATION: Masters in Education (Gifted Education) from Southeastern Oklahoma State University; Bachelor of Science in Education (Secondary Math) from the University of Central Oklahoma; certifications in Secondary Math, Gifted Education and ESL. PREVIOUS TCTA LEADERSHIP: Budget Committee chair, District 10 director, Sherman CTA president OTHER EDUCATION LEADERSHIP: Math department chair, UIL academic coordinator, Sherman ISD District of Innovation Committee, Sherman ISD Teacher Incentive Allotment Committee, TEA Assessment Advisory Committee and New Item Type Subcommittee.

CANDIDATE STATEMENT: I am running for the chair of Curriculum and Instruction because I feel that C&I is extremely important. The curriculum that we are given and the best practices for instruction are what make up the majority of a teacher’s job. I hope to help our lobby team define our goals for curriculum and instruction. I wish to continue serving TCTA and its members. I have been a teacher in Texas for 24 years and have been a member of TCTA all that time. I have a total of 35 years teaching experience. I feel that I can bring a wide range of knowledge to the position.

MELANIE LOVE | TEACHER PERSONAL SERVICES

TCTA MEMBER FOR 21 YEARS CURRENT JOB: Second-grade teacher at Pottsboro Elementary, Pottsboro ISD EDUCATION: Bachelor of Science in Elementary Education from Southeastern Oklahoma State University; certifications in Early Childhood, ESL EC-4, Gifted and Talented, Elementary English, Elementary Math, Elementary Life-Earth Science, Elementary Social Studies 1-8, Art Education EC-12, Elementary Self-Contained EC-4, Generalist EC-4.

PREVIOUS TCTA LEADERSHIP: District 10 director; president, vice president and treasurer of Pottsboro CTA, faculty representative.

OTHER EDUCATION LEADERSHIP: Served on various district committees, including District Budget Committee, District Calendar Committee, District Site-Based Decision-Making Committee; served on various campus committees, including Campus Site-Based Decision-Making Committee & Team Lead Committee; served as grade level team lead for kindergarten.

AWARDS/HONORS: Won “Teacher of the Month” for KMADD and KATY Country in November 2015; named “Teacher of the Year” at Pottsboro VFW in 2002; October 2018 Teacher of the Month, Pottsboro Elementary; October 2021 Teacher of the Month, Pottsboro Elementary.

CANDIDATE STATEMENT: As a longtime TCTA member, I greatly value the benefits package that is available to me, especially the peace of mind of a liability insurance policy. While that’s one of the most important aspects of membership in TCTA for me, I also appreciate the added perks of having access to TCTA’s cost-saving programs. If elected to Teacher Personal Services Committee chair, I hope to amplify the fun benefits so that all members can get the most out of their membership.

Winter 2021-22 | THE CLASSROOM TEACHER

21

LEGAL NOTES Continued from page 9 Of note, the U.S. Supreme Court recently held that a district could not punish a student who, upset about failing to make the varsity cheer squad, posted two images on Snapchat that expressed frustration with the school and the school’s cheerleading squad. One post contained vulgar language, including the “f bomb” and a related gesture.

Some laws prevent a principal from unilaterally returning a disruptive student to class.

If a teacher removes a student from class for disruptive conduct and asks that the student not be returned to class, a principal must convene the campus placement review committee if the principal wants to return the student to class over the teacher’s objection. The committee, not the principal, can return the student to the teacher’s class over the teacher’s objection, but only if the committee determines that placement in the teacher’s class is the best and only alternative for the student.

If a teacher removes a student who assaulted the teacher and caused actual harm, a principal cannot return the student to the teacher’s class over the teacher’s objection. (Special education placements may limit the application of this law.)

Disruptive special education students can be removed from class.

Despite protestations to the contrary from some administrators, special education students can be removed from class. Granted, a district cannot change a special education student’s placement without convening an admission, review and dismissal committee meeting, but many changes in a student’s educational location do not constitute a “change of placement.”

Removal from class or suspension for 10 or fewer consecutive days does not constitute a change of placement.

Subsequent removals and removals that aggregate to more than 10 days may constitute a change of placement.

If an individualized education plan places a student in a regular education classroom, the student could be removed from one teacher’s class and placed in the classroom of another teaching the same subject.

Whether removal to in-school suspension constitutes a prohibited change of placement is subject to substantial debate, especially if the removal lasts for more than 10 consecutive days or an aggregate of more than 10 days.

Mindful of the debate, the U.S. Department of Education says of ISS: It has been the Department’s long-term policy that an in-school suspension would not be considered a part of the days of suspension addressed in § 300.530 as long as the child is afforded the opportunity to continue to appropriately participate in the general curriculum, continue to receive the services specified on the child’s IEP, and continue to participate with nondisabled children to the extent they would have in their current placement. This continues to be our policy. Because the determination as to whether an in-school suspension or bus suspension counts as a day of suspension under § 300.530 depends on the unique circumstances of each case… (Source: https://tinyurl.com/2p94dzcs) A change of placement for misconduct is permitted if a manifestation determination review leads to a conclusion that a student’s behavior is not a direct product of the student’s disability.

Documentation, the bane of many a teacher’s existence, plays a crucial role in a manifestation determination review.

A finding that the district (teacher) failed to comply with an IEP means that the student’s conduct is, effectively, a product of a disability. Clear documentation of consistent compliance with an IEP allows the committee to determine whether the student’s disability caused the conduct and the student’s placement can change.

This article is for information only and is not a substitute for legal advice. TCTA members with questions about student discipline or other job-related concerns should call the Legal Department at 888-879-8282 to speak with a staff attorney.

PRESIDENT’S MESSAGE Continued from page 2 It is important that teachers participate in these calls to action, and even initiate communications with their elected officials on their own. Our Texas legislators need to know the challenges and difficulties that all educators are facing in the classroom. This not only applies to teachers but all educators who work directly with students — our counselors, diagnosticians, librarians, nurses, speech therapists, paraprofessionals, aides and secretaries.

If you plan to leave the profession, please call or write your legislator. They need to know why teachers are leaving and the 22

tcta.org | 888-879-8282

struggles and experiences that educators face on a daily basis.

Our profession depends on it.

We became educators because we want to be part of a child’s life; to help guide them to reach their goals and dreams.

I was reminded of this recently, as it was the message on a colleague’s shirt: “Be the reason someone feels loved, seen, welcomed, heard, valued, appreciated and respected.” This is why we became teachers. Our students depend on us.

2021-22 TCTA State President Sherry Miller is a music teacher at Skipcha Elementary School in Killeen ISD. She has been a member of TCTA for 35 years.

WASHINGTON WATCH Continued from page 8 and other members of the public who seek data on student equity and opportunity. For instance, the CRDC reporting on the total number of students enrolled in special education services may have shed a light on the lower proportion of Texas special education students served in 2017.

The 2020-21 CRDC survey was coordinated by the Trump administration, which modified the data elements collected.

It added the tracking of outcomes regarding allegations of offenses made against a school staff member, allegations of harassment or bullying of K-12 students on the basis of perceived religion (adding 13 religious subcategories to specify the perceived religions targeted by harassing), and combined reporting of the number of preschool students who received one or more out-of-school suspensions. It reduced questions under Early Childhood Education (inclusion of IDEA students, full- or half-day programs) and eliminated the School Finance section (full-time equivalent positions and salaries) and the tracking of first- and second-year teachers and teacher absentee data. No changes were made to the Restraint and Seclusion section.

The Biden Education Department this year notified respondents that it was adjusting the CRDC collection schedule and would require consecutive surveys, for school years 202021 and 2021-22. The administration’s rationale was to better gauge the effects of COVID-19 in school environments. The administration also notified respondents that the 2021-22

CRDC format would again be altered somewhat in that it would restore certain data elements removed by the Trump administration, including questions under Early Childhood Education and questions tracking first- and second-year teachers, teacher retention and teacher absentee data.

The Biden administration also proposed to restore the count of all teachers employed at the school during the current school year and to begin collecting this data by race, ethnicity and sex. They clarified Restraint and Seclusion definitions by type (mechanical or physical) and new data elements were proposed relating to virtual, hybrid and in-person instruction due to COVID-19 and the addition of a nonbinary sex category.

The proposed collection would also seek data about “the number of documented incidents of school shootings, regardless of whether anyone was hurt; and the number of documented incidents of homicides that occurred at the school.”

The Biden administration’s changes to the CRDC are presented in the Federal Register and the public may submit comments through Jan. 18. The federal notice includes the justifications for the addition of new data, the restoration of old data and the revision of data. You can review the changes and submit comments at https://www.regulations.gov/ docket/ED-2021-SCC-0158.

This article is provided by Van Scoyoc Associates, TCTA’s retained lobby firm in Washington, D.C.

U.S. Postal Service Statement of Ownership, Management and Circulation* Publication Title: The Classroom Teacher Publication Number: 815620 Filing Date: Sept. 29, 2021 Issue Frequency: Quarterly Number of Issues Published Annually: 4 Annual Subscription Price: $10 Complete Mailing Address of Known Office of Publication: PO Box 1489, Austin, Travis County, TX 78767-1489 Contact Person: M. Clare Haefner; Telephone: 512-477-9415 Complete Mailing Address of Headquarters or General Business Office of Publisher: PO Box 1489, Austin, Travis County, TX 78767-1489 Full Names and Complete Mailing Addresses of Publisher, Editor, and Managing Editor: Texas Classroom Teachers Association (Publisher), PO Box 1489, Austin, TX 78767-1489; M. Clare Haefner (Editor), PO Box 1489, Austin, TX 78767-1489; Jeri Stone (Managing Editor), PO Box 1489, Austin, TX 78767-1489 Owner: Texas Classroom Teachers Association, PO Box 1489, Austin, TX 78767-1489; Texas Classroom Teachers Assoc, 700 Guadalupe St., Austin, TX 78701 Known Bondholders, Mortgagees, and Other Security Holders Owning or Holding 1 Percent or More of Total Amount of Bonds, Mortgages, or Other Securities: None Tax Status: Has Not Changed in Preceding 12 months

Publication Title: The Classroom Teacher Issue Date for Circulation Data Below: Sept. 20, 2021 Extent and Nature of Circulation: Average No. Copies Each Issue in Preceding 12 Months: a. Total Number of Copies: 34,875 b. Paid Circulation 1. Mailed Outside-County Paid Subscriptions: 31,355 2. Mailed In-County Paid Subscriptions: 162 3. Paid Distribution Outside the Mails: 0 4. Paid Distribution by Other Classes of Mail Through USPS: 0 c. Total Paid Distribution: 31,517 d. Free or Nominal Rate Distribution 1. Outside-County: 196 2. In-County: 1 3. Mailed at Other Classes Through the USPS: 0 4. Outside the Mail: 2,687 e. Total Free or Nominal Rate Distribution: 2,884 f. Total Distribution: 34,401 g. Copies Not Distributed: 474 h. Total: 34,875 i. Percent Paid: 91.62% No. Copies of Single Issue Published Nearest to Filing Date a. Total Number of Copies: 31,500 b. Paid Circulation

1. Mailed Outside-County Paid Subscriptions: 30,162 2. Mailed In-County Paid Subscriptions: 648 3. Paid Distribution Outside the Mails: 0 4. Paid Distribution by Other Classes of Mail Through USPS: 0 c. Total Paid Distribution: 30,810 d. Free or Nominal Rate Distribution 1. Outside-County: 12 2. In-County: 1 3. Mailed at Other Classes Through the USPS: 0 4. Outside the Mail: 200 e. Total Free or Nominal Rate Distribution: 213 f. Total Distribution: 31,023 g. Copies Not Distributed: 477 h. Total: 31,500 i. Percent Paid: 99.31% 16. Total Circulation Includes Electronic Copies: No 17. Publication of Statement of Ownership: Winter 2021 18. I certify that all information furnished on this form is true and complete. I understand that anyone who furnishes false or misleading information on this form or who omits material or information requested on the form may be subject to criminal sanctions (including fines and imprisonment) and/or civil sanctions (including civil penalties).

Signed by: M. Clare Haefner, Editor Items above were reported using PS Form 3526.

*Note: The information listed above does not include copies of The Classroom Teacher delivered digitally to members who go green and opt out of printed materials.

Winter 2021-22 | 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

Take 2, Make $25 referral program extended to Feb. 1

Encourage your colleagues to join TCTA in January and earn $25 for every two eligible First-Time Active members.

Details at tcta.org/take2.

HELP SPREAD THE WORD!

Second-semester hires can join TCTA for 1/2 price!

When you return to your campus, welcome new teachers and tell them about TCTA. Eligible second-semester hires can go to tcta.org/join or call 888-879-8282 and get the full benefits of membership for half the cost.

(Join by Feb. 1; membership expires Aug. 31, 2022.) Regrettably, TCTA cannot accept payroll deduction requests in January. Those employed during the first semester may still join TCTA in January, but will pay full price. Membership is effective the date payment is received.