The Classroom Teacher | Winter 2023-24

THE MAGAZINE of the TEXAS CLASSROOM TEACHERS ASSOCIATION Winter 2023-24 | Volume 43 | Number 3

EFFORTS TO INCREASE FUNDING STALL AMID

Stalemate Over School Vouchers

ALSO INSIDE: Eagle Pass educator explores the Pacific Ocean | TRS COLA coming soon Meet TCTA’s candidates for statewide office in 2024 | Professional liability insurance policy

PRESIDENT’S MESSAGE

Take time to reflect and restore yourself

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et us take a moment to reflect on the educators who made an impact on our lives. Many of us have someone who immediately comes to mind when asked about our favorite teacher. The big question is: why have they left an indelible mark on our lives? The answers are as unique as the educators themselves. Whether it was the engaging lessons you looked forward to, the positive classroom climate or simply the way they made you feel, this is the time to recognize the influence of educators on our society.

As a profession, education is transformational. Society is dependent on healthy educational systems to thrive. In the wake of the COVID-19 pandemic, there are some unique challenges for educators. We are expected to meet the varying needs of our students. In addition to content, values and discipline issues, there are mental health and social needs that must now be addressed with an unprecedented number of students.

But educators need to take a step back to ensure that their own needs are being met before attempting to address students’ needs. This is reminiscent of the preflight instructions we receive, “Secure your oxygen mask before assisting others.”

Teacher burnout is real, and we must tackle it head on. In a 2022 Gallup Poll, 67% of American teachers considered burnout to be a “very serious” issue.

This is a critical time to find your outlet to avoid being a casualty of burnout. Take time to explore what allows you to thrive as a person. Some may need some time to reflect while others may find an evening run re-energizing.

Align yourself with individuals with common interests. These days gardening clubs are as easy to find as sports leagues. Connect with a group giving back to the community. Groups such as Habitat for Humanity are always in need of volunteers.

Spend some quality time with family and friends. Time spent with loved ones gives us memories to cherish for years to come.

Most importantly, do not allow feelings of guilt to creep in. We are expected to “fill our students’ buckets” but how do you achieve that if your own “bucket” is empty?

Make time for your own well-being!

We are living in unprecedented times, and we may find that our colleagues are struggling just as our students are. Be there for one another. Working collaboratively will make the team stronger and more resilient. Our students will then be able to reap the benefits of these rejuvenated teams.

I think back to the spring of 2020 when we were hurled into the world of online learning. Many of us did not have a clue as to how any of that worked. With the support of our colleagues, we figured it out almost overnight. What a feat!

In more recent news, on April 20, 2023, the Texas Education Agency reported that the attrition rate for teachers in Texas grew to 13.4% of teachers leaving the profession between the fall of 2021 and the fall of 2022. This was a historic high. They also reported that the proportion of newly hired teachers without any type of Texas certification or permit rose during the 2022-23 school year to 28.8%, another historic high. This should be alarming to anyone reviewing the data.

While the future of education is uncertain, one constant is that it is driven, in part, by legislation. We must review legislation and those involved in the process. Are they meeting the needs of our profession? Recognize that elections matter. Rather than focusing on campaign promises or party affiliation ahead of the 2024 legislative primaries and elections in Texas, take time to review candidates’ voting records.

Continued on page 31 2

tcta.org | 888-879-8282

Texas Classroom Teachers Association PO Box 1489, Austin, TX 78767-1489 Office hours: 8 a.m. to 6 p.m., weekdays Phone: 888-879-8282 Fax: 512-469-9527 Website: tcta.org

2023-24 Executive Board President

Nydia Alvarez-Alonzo, Mission President-Elect

Melody Young, Sherman Immediate Past President

Eleanore Malone, Winona Budget

Vivian Burleson, Northside Curriculum & Instruction

Cristal Isaacks, Levelland Governance

Jennifer Hutchinson, Hays Consolidated Legislation

Brec Espinoza, Brownwood Membership

Debra Helbert, Lamar Consolidated Professional Rights & Responsibilities

Sharron Wood, Deweyville Teacher Personal Services

Melanie Love Hoyt, Pottsboro

Staff Contacts Executive Director

Ann Fickel

General Counsel

Lonnie F. Hollingsworth Jr. Attorneys

Lonnie F. Hollingsworth Jr. Holly Eaton Michael Currie Gerald Francisco Julie Leahy Paige Bruton Williams Kaylan Dixon Smith Business Office

Park Brigtsen

Communications

M. Clare Haefner Legislation

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

Persie Ngo-Hatchie Professional Development and Advocacy

Holly Eaton

Services Corporation

Jan Lanfear

Contract Attorney

Lindsay Gustafson Senior Consultant

Jeri Stone

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 2023-24 | Volume 43 | Number 3

DEPARTMENTS

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14

On the Cover

President’s Message

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TCTA News & Notes

THE MAGAZINE of the TEXAS CLASSROOM TEACHERS ASSOCIATION Winter 2023-24 | Volume 43 | Number 3

PUBLIC EDUCATION FUNDING STALLS AMID

Stalemate Over School Vouchers

7

Member Accolades

8

Washington Watch

10

ALSO INSIDE: Eagle Pass educator explores the Pacific Ocean | TRS COLA coming soon Meet TCTA’s candidates for statewide office in 2024 | Professional liability insurance policy

Planning Ahead

Special Sessions End in Stalemate

Public education has dominated much of the discourse of the 88th Texas Legislature, both through the regular session and four consecutive special sessions. While most public education advocates hoped for higher pay for educators, more classroom support and a solution to the burgeoning teacher shortage, Gov. Greg Abbott voiced his unwavering support for a school voucher program in Texas above any other education priorities.

FEATURES

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Deep Sea Adventure As children, Alejandra Martinez and her sister would listen to their father read National Geographic articles while they fell asleep. One bedtime story stands out: an article about Dr. Robert Ballard, the RMS Titanic and the technology he hoped to develop that would allow him to explore the ocean floor remotely so that he could discover a wondrous part of the world. Ballard’s passion is uncovering the mysteries of the deep sea. It’s one Martinez shares, and the Eagle Pass educator recently learned alongside Ballard as he explored the Central Pacific Ocean near Hawaii.

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TCTA Professional Liability Insurance Policy Review this year’s policy and a risk-management overview.

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Join TCTA in San Antonio on Feb. 16-17 Interact with TCTA members and staff, earn up to 4.5 hours of continuing professional education credit, elect statewide leaders and conduct TCTA business during the 2024 Annual Meeting on Feb. 16-17 at the Hyatt Regency Hill Country Resort & Spa in San Antonio.

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 © 2023. 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 2023-24 | THE CLASSROOM TEACHER

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TCTA NEWS & NOTES

TEA releases “what if” school accountability ratings amid lawsuit The Texas Education Agency announced in mid-November that it was releasing “what if” ratings to districts, using its new adopted accountability system methodology but based on 2021-22 ratings, to give school leaders a preview of academic performance in anticipation of the release of the official 2023 accountability ratings, which has been delayed by a lawsuit.

The release of “what if” ratings is a common practice by TEA, especially when rating methodology changes.

Under the 2022 “what if” ratings, TEA reports 15% of campuses statewide would have a decrease in ratings using the new accountability system methodology, and 14% would have an increase in ratings. The other 71% would keep the same rating. (Go to http://tinyurl.com/5y5usrs8 to read more about the “what if” ratings.)

But when looking at the breakdown of campuses, high school campus ratings would significantly decrease under the new methodology, with 47% receiving lower ratings under the new methodology. Only 7% and 6% of elementary and middle school ratings, respectively, would decrease; and 19% and 10%, respectively, would increase.

Among the changes made by TEA for the new A-F system methodology was to raise the cut score for the college/career/ military readiness (CCMR) indicator for high schools from 60% to 88%. TEA justified this change by pointing to the fact

that the performance of high schools on the CCMR indicator had greatly increased since the original cut score was set, with high schools now performing at an average of 65%, and accordingly, the cut score needed to be recalibrated higher.

However, in addition to raising the CCMR cut score, TEA is also requiring that the higher cut score be applied to 2022 graduates. This change caused a great deal of concern among districts, a number of whom joined efforts in filing a lawsuit against TEA to prohibit TEA from using the new methodology to evaluate schools for the 2022-23 school year. The lawsuit by the districts asserts that TEA did not give adequate notice about these changes to the accountability system.

A Travis County judge blocked TEA from releasing ratings in late October. TEA appealed the decision and said the issuance of A-F ratings was pending and subject to change based on judicial rulings or decisions from the 88th Legislature during a special called session.

When the lawsuit was filed in August, Nick Maddox, a lawyer representing the plaintiffs, said there is a lot at stake for school districts that do not get good grades.

“If you are not performing well, the state of Texas has the option to come in and sort of exert local control over your district,” he told KUT. That scenario is playing out now in Houston ISD.

Grade 3-8 STAAR scores show students struggle with math, reading Scores for students in grades 3-8 continued to improve since the pandemic, but more than half of Texas students are still struggling with math and about half of them are below grade level in reading, according to spring 2023 STAAR data released by the Texas Education Agency in mid-August.

“Teachers across Texas continue to work with passion and skill to help students learn,” Texas Education Commissioner Mike Morath said in a statement. “This year’s results show the efforts of our educators continue to deliver improved results for students.”

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According to TEA’s data, 43% of students taking math in grades 3-8 or Algebra I met grade level or above this year, a 3 percentage point increase from the previous year. Fifty-two percent of students who took reading in grades 3-8, English I or English II met grade level or above, which is the same percentage as the year before.

bilingual students showed progress in both mathematics and reading-language arts. In math, 32% of EB students met grade level while 35% met grade level in reading, both of which are at or above all-time high levels of performance for the state.

While the math scores represent an increase from last year, they are still 7 percentage points behind the state average in 2019, before the pandemic. Reading scores have seen a 5-percentage-point increase since then.

Texas public schools continue to serve one of the largest populations of EB students in the country, with 21% of Texas’ nearly 5.5 million public school students classified as emergent bilingual.

Among the highlights of this spring’s scores, emergent

Go to http://tinyurl.com/2j5nkxrz to read more.

tcta.org | 888-879-8282

TCTA NEWS & NOTES

TCTA advocates to eliminate WEP and GPO provisions of Social Security The U.S. House Ways and Means Subcommittee on Social Security met on Nov. 20 to discuss Social Security’s Disservice to Public Servants: How the Windfall Elimination Provision (WEP) and Government Pension Offset (GPO) Mistreat Government Workers. The Texas Classroom Teachers Association submitted written testimony advocating to eliminate or restructure the WEP and GPO. TCTA has a longstanding record of supporting legislation to address these unfair provisions.

The WEP penalizes Texas educators who have earned benefits through other employment in which they paid into Social Security, and the GPO reduces or eliminates spousal benefits for most Texas school employees. These provisions took effect in 1983 as a means of eliminating the so-called windfall of Social Security benefits received by beneficiaries who also receive a government pension based on work not covered by Social Security.

Although 96% of Texas public school employees do not pay into Social Security through their work with Texas schools, many have other employment in their working career in which they do/did pay into the federal program.

eliminating the WEP and the GPO would have cost $183 billion between 2022 and 2032 and changed the projected year of reserve depletion for the combined Social Security trust funds from 2035 under current law to 2034.

The committee adjourned without taking any official action.

Legislation related to the WEP and GPO was not expected to pass by the end of the year and faces hurdles in 2024. The cost to eliminate or restructure the WEP and GPO to be more favorable to educators and other government employees continues to hinder the ability to advance legislation.

TCTA appreciates the members of the House Ways and Means Subcommittee on Social Security for bringing this issue to the forefront. The recent hearing served to gain momentum. TCTA will continue to work with Congress for fairer treatment of educators under the WEP and GPO.

Last year, the Congressional Budget Office estimated that

To read more about legislation related to the WEP and GPO, go to http://tinyurl.com/4ammz95p.

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, X (formerly Twitter), Pinterest and YouTube. Join the discussion and follow us for valuable reminders, tips on classroom resources, links to the latest education news, and other bits of information.

If you’re not receiving eUpdate in your inbox, 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.

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Winter 2023-24 | THE CLASSROOM TEACHER

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TCTA NEWS & NOTES

TCTA seeks clarity from TEA on T-TESS Domain IV In response to contacts from some TCTA members that they were being required to perform significant hours of school/ community activities in order to receive a proficient rating in Domain IV of T-TESS, TCTA is working with TEA to provide more clarity regarding proper evaluation by appraisers of Domain IV. Specifically, the excessive school/community activities being required of our members appear to stem from one of the descriptors in the Proficient column in Dimension 4.4 of Domain IV, relating to teachers actively participating in all school outreach activities.

In discussing this issue with TEA, it was noted that appraiser training for T-TESS specifically covers the notion that appraisers are to evaluate dimension and domains based on a preponderance of the evidence collected, not just one particular piece of evidence.

As a first step, TEA recently released a Fall 2023 T-TESS Tips document (available at http://tinyurl.com/23mfm4kj), which provides implementation guidance and key considerations for appraisers in evaluating Domain IV. Included in the guidance is the statement that “Unlike Domains 1-3, evidence for Domain 4 is collected throughout the year.

The summative score for Domain 4 should not be made by the appraiser until after the teacher has been afforded the opportunity to present evidence related to all dimensions.”

It also says, “Appraisers should determine performance level indicators in Domain 4 based on a preponderance of evidence over the course of the year.”

TCTA will continue to work with TEA to further support our members regarding this issue. Go to http://tinyurl.com/ 29wsecbw to read more.

Additional certification exam may be required for special education teachers TCTA testified against a proposal being considered by the State Board for Educator Certification at its Dec. 8 meeting to require special education teachers teaching content to take an additional content certification test.

The Texas Education Agency recently determined that a longstanding rule allowing special education teachers teaching content to demonstrate competency via HOUSSE was no longer allowed under federal law. The current rule provides that “If an individual is providing content instruction in a special education classroom setting, a valid certificate that matches the subject and grade level of the assignment is also required, or the individual must demonstrate competency through the state’s 2010 and 2011 high objective uniform State standard of evaluation (HOUSSE) for elementary and secondary special education teachers.”

TCTA participated in several stakeholder meetings held by TEA about how to address the situation. TCTA urged that

TEA allow as much flexibility as possible for new special education teachers, grandfather current special education teachers, and provide specificity to the field about exactly what types of instructional settings any new requirements would apply to. For example, new requirements should not apply if a special education teacher provides reinforcement of the core academic instruction (e.g., via management of a Content Mastery Center) to students with disabilities whose core academic subject areas are taught by a highly qualified general education teacher.

Although TEA’s proposal is still evolving, information presented to SBEC at its Dec. 8 meeting distinguishes among the requirements based on whether a special education teacher is teaching content on grade level or only teaching pre-requisite skills, and whether the teacher is at the elementary or secondary level.

Go to http://tinyurl.com/3rh4d86m to read more.

Make the most of your TCTA membership!

Take advantage of TCTA’s cost-saving programs as you plan your next adventure. 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.

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MEMBER ACCOLADES

Three TCTA members honored as Regional Teachers of the Year Taniece Thompson-Smith, a fifth-grade science teacher at Abilene ISD’s Stafford Elementary, was named the 2024 Texas Elementary Teacher of the Year.

Thompson-Smith was chosen to represent the state as Texas Teacher of the Year in the National Teacher of the Year competition, making her official title Texas Teacher of the Year.

“I congratulate Taniece and Naveen on this achievement.

Texas Teacher of the Year is the highest honor our state bestows upon its teachers,” said Kevin Brown, executive director of TASA, which administers the program. “They have distinguished themselves among thousands of outstanding, dedicated teachers across our state and nation have who have answered the call to serve others.”

Photos courtesy of TASA

Naveen Cunha, eighth-grade Robotics teacher at Stephen F. Austin Middle School in Bryan ISD, was named the 2024 Texas Secondary Teacher of the Year.

Nubia German

Courtney Bozeman

April Eide

Teachers of the Year, including three TCTA members: •

Nubia German, Donna Wernecke Elementary School, Sharyland ISD; Region 1 Elementary Teacher of the Year

•

Courtney Bozeman, Newcastle High School, Newcastle ISD; Region 9 Secondary Teacher of the Year

The announcements were made during an awards ceremony in Round Rock on Oct. 20.

•

April Eide, Robinson Primary School, Robinson ISD; Region 12 Elementary Teacher of the Year

Also honored during the luncheon were the 40 Regional

TCTA congratulates these outstanding educators.

TRS honors former TCTA state president for committee service During its December meeting, the TRS Board of Trustees honored Grace Mueller with a resolution recognizing her service as chair of the TRS Retiree Advisory Committee. Mueller, a TCTA member since 1985, served as state president in 2013-14.

Though she is ending her service on the RAC after eight years on the committee, Mueller will continue to advocate for educators as a new trustee on the Seguin ISD school board. She was appointed to the District 3 position in October.

my background for this position. I think I bring a different outlook and perspective to the board because I have past years of being a teacher,” Mueller told Seguin Today. “I am a proponent and an advocate for teachers and students to the highest degree, so I am glad to be able to be on the [Seguin ISD] board and keep that up.”

After 30 years in the classroom, Mueller retired from San Marcos ISD, where she spent 19 years as Grace Mueller a special education teacher and 11 years teaching “I’m just very honored that they were considering me and English language arts to middle schoolers.

Cristal Isaacks named Levelland Chamber Ambassador of the Year and Education Professional of the Year Congratulations to TCTA Executive Board member Cristal Isaacks, who received the Levelland Chamber Ambassador of the Year award. She also was named Levelland Educational Professional of the Year.

“I am truly humbled by the kindness bestowed upon me and feel privileged to be in the category with these amazing Levelland volunteers who make

Levelland a great place to live,” she said.

“Thank you to those who nominated me. Thank you to the chamber for recognizing me! This means so much to me and inspires me to show up more, be there more, and do more for my Levelland community and Levelland ISD.” We are so proud of Cristal and greatly appreciate all of the ways she supports TCTA, educators and students.

Winter 2023-24 | THE CLASSROOM TEACHER

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WASHINGTON WATCH

Federal partnership aims to support teaching profession

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his fall, through a partnership between the U.S. Department of Education, TEACH.com and One Million Teachers of Color, the Biden administration set in motion a promotional campaign focused on elevating the teaching profession and promoting diversity in the educator community.

The media campaign, entitled “Teachers: Leaders Shaping Lives,” calls attention to the various skills, talents and leadership abilities teachers use every day. The main goal is to support and elevate the teaching profession, celebrate our teachers and encourage more individuals, especially those from underrepresented communities, to become educators.

This campaign is an effort to continue to build back the educator workforce to pre-COVID levels, and is focused on diversity because educator losses were believed to disproportionately affect students from low-income backgrounds, students of color, students with disabilities and multilingual learners.

Data from the Bureau of Labor Statistics and state education agencies suggest overall employment in the K-12 labor market declined by 9% at the onset of the pandemic and remained well below pre-pandemic levels more than two years later. The National Center for Education Statistics recently released data on K-12 staffing, finding 45% of school administrators reported feeling understaffed before the start of the 2023-24 school year, down from 53% the year before. Administrators reported they had more difficulty hiring instructional staff for physical sciences, foreign languages and special education. However, the proportion of schools offering wraparound services or community schools has jumped from 45% to 60% in the last year as federal COVID funds expanded to support tutoring and mentoring, social services and mental health services.

In other efforts to increase the teacher pipeline, the Education Department recently partnered with the U.S. Department of Labor to expand registered apprenticeship programs to include a teacher workforce development pathway. Apprenticeship programs allow individuals to work toward credentials within a residency program that supports college access 8

tcta.org | 888-879-8282

and completion by reducing financial barriers to those entering the teaching profession. As of November, 28 states (including Texas) and Puerto Rico now have registered teacher apprenticeship programs. These efforts aim to provide aspiring teachers with practical, handson experience in real classroom settings, complementing traditional academic training with valuable insights gained through direct interaction with students.

This strategic approach is designed not only to benefit novice teachers but to contribute to the ongoing development of the education system as a whole.

Lastly, the Biden administration prioritized influencing state policies toward increasing teacher compensation and improving working and learning conditions. Since 2021-22, the Biden administration reports at least 29 states have taken steps to increase teacher compensation.

Student loan repayments

In August, the Education Department relaunched the income-driven repayment (IDR) program for federal student loan borrowers, now called the Saving on a Valuable Education plan.

The SAVE plan increases the federal poverty guidelines such that a single borrower who earns less than $32,805 a year ($67,500 for a family of four) will not have to make loan payments. The new plan also excludes unpaid monthly interest charges from being rolled into the outstanding balance, so the loan balances will not grow.

The SAVE plan cuts payments on undergraduate loans, bringing many

Teachers: Leaders Shaping Lives Go to https://www.youtube.com/ watch?v=n0sMm1iut44 to watch the public service announcement video. borrowers’ loan payments to $0 per month, and provides early forgiveness for low-balance borrowers. The plan primarily benefits low- and middleincome borrowers, community college students, and public service borrowers as many of them are currently on the Revised Pay-As-You-Earn (REPAYE) plan and will automatically be enrolled in the new SAVE plan.

Some Republicans in Congress publicly questioned the Education Department’s legal authority to revise the IDR thresholds, a move that reportedly would cost the federal government billions of dollars in student loan relief.

In exercising agency oversight, GOP lawmakers formally requested details on the department’s methodology in determining which student loan borrowers qualify for debt cancellation under the current income-driven repayment program.

Furthermore, in September the House Committee on Education and Labor voted 23-19 to block the SAVE plan under a Congressional Review Act challenge, which forced a vote on the measure in the Democratic-controlled Senate. However, the Senate failed to advance the legislation in a 49-50 floor vote.

Reaching a bipartisan agreement on fixes to the student loan system has been a difficult feat as both parties continue to disagree on how to address the high cost of higher education and student loan repayment.

By law, the new SAVE plan will go fully into effect on July 1, 2024.

However, the Education Department will implement elements prior to the deadline. By the end of winter, SAVE borrowers will see a rise in income

When Congress returns in January, efforts will quickly resume to complete the annual appropriations process. exemption for student loan payments from 150% to 225% above the federal poverty guidelines and will not see their unpaid interest grow.

Next year, borrowers will receive benefits such as monthly payments getting cut from 10% of discretionary income to 5%.

As of Dec. 7, the Biden administration’s changes to the incomedriven repayment plan and to the Public Service Loan Forgiveness program have provided nearly $132 billion in student loan forgiveness for more than 3.6 million Americans.

Go to https://studentaid.gov/ to learn more about loan forgiveness and repayment options.

Federal budget

Congress is again struggling with completing the annual budget process.

Since fiscal year 2024 began Oct. 1, there have been two temporary spending authorities, called continuing resolutions, that allow agencies to remain funded and operational for a set period of time, but at the prior year’s budget levels.

The current continuing resolution is two-tiered, meaning there are two separate expiration dates for two groups of appropriation spending bills: • Group No. 1: AgricultureRural Development, Military Construction-Veterans Affairs, Energy & Water, and Transportation-HUD are extended through Jan. 19, 2024.

• Group No. 2: Commerce-JusticeScience, Defense, Financial Services & General Government, Homeland Security, Interior-Environment, Labor-HHS-Education, Legislative

Branch, and State & Foreign Operations are extended through Feb. 2, 2024.

When Congress returns in January, efforts will quickly resume to complete the annual appropriations process.

While there was an agreement on the top-line spending level between thenSpeaker Kevin McCarthy and President Joe Biden, a group of conservative Republicans is attempting to further reduce discretionary spending levels.

As of mid-December, there have been positive negotiations on finalizing the overall spending level that would prevent the dramatic cuts some House Republicans were seeking within the Education Department’s budget.

This article is provided by Van Scoyoc Associates, TCTA’s retained lobby firm in Washington, D.C. Winter 2023-24 | THE CLASSROOM TEACHER

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PLANNING AHEAD

How the TRS COLA may impact your bottom line

D

uring the regular 88th Legislative Session, Texas state senators and representatives unanimously passed Senate Bill 10 and House Joint Resolution 2, setting aside $5 billion in surplus funds to provide benefit enhancements to eligible Teacher Retirement System retirees.

About 300,000 qualified annuitants who reached age 70 by Aug. 31, 2023, received a one-time stipend in September.

Additionally, 420,000 annuitants (who retired on or before Aug. 31, 2020) will begin receiving with their January annuity payments a permanent increase and muchneeded financial relief. This will be the first cost-of-living adjustment (COLA) for TRS retirees in nearly 20 years. It will include a 2%, 4% or 6% permanent increase in your pension depending upon your retirement date. Most retired teachers in Texas are not eligible to receive Social Security benefits; therefore, a TRS pension may be your primary source of income.

The COLA was made possible by the overwhelming support of Proposition 9 (authorized by HJR 2) by Texas voters in the November election. Gov. Greg Abbott certified the results despite lawsuits contesting the election (based on false claims about the state’s voting equipment).

The state argued in court filings that the lawsuits were improperly served and because the governor already canvassed the results, they were effectively invalid.

If the court disagrees with the state and permits the lawsuits to proceed, then COLA increases could be delayed. TRS, however, has announced that it can ensure back payments are made if the issuance of the COLA is delayed but ultimately approved.

In mid-December, TRS mailed notification letters to annuitants informing them of eligibility. Prior to the issuance of January 2024 annuity payments, TRS will mail a second letter showing the change in your annuity payment amount. This letter will include your new gross monthly annuity, IRS withholding, other applicable

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One-time stipend eligibility

TRS paid a one-time stipend to eligible annuitants in September 2023: • Those 75 years of age and older received a $7,500 stipend.

• Those age 70 to 74 received a $2,400 stipend.

Note: Annuitants must have been eligible to receive a TRS annuity in August 2023 and meet the qualifying age on or before Aug. 31, 2023.

Cost-of-living adjustment (COLA) eligibility

This permanent increase in pensions is anticipated to begin at the end of January 2024: • Those who retired between Sept. 1, 2013, and Aug. 31, 2020, will get a 2% COLA. • Those who retired between Sept. 1, 2001, and Aug. 31, 2013, will get a 4% COLA. • Those who retired on or before Aug. 31, 2001, will get a 6% COLA. Note: An annuitant is a person receiving a monthly annuity from TRS such as a retiree, surviving spouse or beneficiary. withholdings, and new net monthly annuity.

Planning for potential impacts

The COLA will increase your income, which may impact your federal income tax and other programs in which you may participate. The one-time stipend paid in September will be included in federal income tax returns filed by April 15, 2024. The COLA will impact tax returns beginning with those due in April 2025.

You will owe federal income tax at your regular rate (based on taxable income and filing status) as you receive the money from your pension annuity. The federal tax rates will remain the same until 2025 because of the Tax Cuts and Jobs Act of 2017, but the income thresholds that inform the tax brackets are generally

adjusted upward each year to reflect the rate of inflation. These adjustments may help prevent you from ending up in a higher tax bracket despite your higher annuity.

The COLA increase to your monthly benefit will not affect your eligibility for Medicare, although it is possible that the increase in the monthly pension benefit could cause some individuals to become “high-income” individuals for Medicare premium purposes. In general, certain highincome individuals pay higher premiums for Medicare Part B (medical insurance) and Medicare prescription drug coverage premiums. The higher premiums affect less than 5% of people with Medicare.

For purposes of Medicaid, the increase in your monthly pension will be considered Continued on page 31

A research mission aboard the E/V Nautilus with Robert Ballard was a dream come true for Eagle Pass educator Alejandra Martinez. She spent two weeks in October and November with the famed ocean explorer examining the sea bed in the Central Pacific Ocean near Hawaii as an Ocean Exploration Trust communication fellow.

Deep Sea Adventure

ALEJANDRA MARTINEZ EXPLORES PACIFIC OCEAN ON E/V NAUTILUS AND BRINGS LESSONS BACK TO HER EAGLE PASS CLASSROOM

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s children, Alejandra Martinez and her sister would listen to their father read National Geographic articles while they fell asleep.

One bedtime story stands out: an article about Dr. Robert Ballard, the RMS Titanic and the technology he hoped to develop that would allow him to explore the ocean floor remotely so that he could discover a wondrous part of the world.

While Ballard is best known for his 1985 discovery of the RMS Titanic and other significant shipwrecks — the German battleship Bismarck, the lost fleet of Guadalcanal, the U.S. aircraft carrier Yorktown (sunk in the World War II Battle of Midway), and John F. Kennedy’s boat, PT-109 — his passion is uncovering the mysteries of the deep sea.

It’s one Martinez shares. “It has been a dream come true to be able to sail with [Ballard] twice and be part of bringing the deep ocean to my students and school district,” she said.

Her most recent adventure with Ballard took place in

October and November after Martinez was selected as a 2023 science communication fellow aboard Ocean Exploration Trust’s Exploration Vessel Nautilus. The Eagle Pass native and TCTA member who teaches at Memorial Junior High School joined Ballard’s team for two weeks, exploring the Central Pacific Ocean near Hawaii using a new wide-field camera array on ROV Hercules (a remotely operated underwater vehicle) to capture 3-D stereoscopic images from the seabed.

“The best part was getting to work with the scientists and interns on board. Everyone had such a diverse background and a passion for science. It was impossible to not be inspired by their love of the ocean and science,” Martinez said. “They were all so willing to help me learn about what they do and enthusiastic about sharing their experiences with my students and all those watching online or participating in the online interactions (on Zoom and Google Meet).”

Continued on page 12 Winter 2023-24 | THE CLASSROOM TEACHER

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Continued from page 11 Part of Martinez’s job aboard ship was sharing science with students and teachers around the world. She would sit in the control van during live streams to read questions and comments from the audience. She also hosted daily interactions with teachers who signed up their classrooms for Zoom or Google Meet sessions with the educators, scientists and ROV Hercules pilots on board the E/V Nautilus.

“This experience has allowed me to share real-time exploration and real-world science with my students,” Martinez said. “As part of the fellowship, I will be developing materials that I will use in my class. I also have been able to learn about science practices in the field that I can use to help teach my students how to problem solve, which is part of integrating authentic scientific practices into my classroom. It is helping me refine my instructional techniques and engage my students so that they have a deeper understanding of scientific concepts. I have also been able to network with other teachers, which has led to valuable collaborations.”

EXPLORE THE OCEAN

Alejandra Martinez brought her class mascot, SloMo, aboard the E/V Nautilus. Her students followed SloMo’s adventures aboard on social media. SloMo is pictured here with ROV Hercules, a remotely operated vehicle that can be launched into deep ocean to capture 3-D images that scientists use to study unexplored areas.

STUDYING THE SEAS

Ocean Exploration Trust and the Nautilus Exploration Program led by Dr. Robert Ballard (who discovered the wreck of the RMS Titanic) seek out new discoveries in geology, biology and archaeology while conducting scientific exploration of the seafloor. Sign your classroom up for an interaction with the E/V Nautilus during its 2024 exploration season at nautiluslive.org.

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Ballard founded the nonprofit Ocean Exploration Trust in 2008 with a mission to explore the ocean, seeking out new discoveries in the fields of geology, biology, maritime history and archaeology while pushing the boundaries of STEAM education and technological innovation. According to the trust, over 80% of the global ocean remains unmapped in detail and over 90% remains unexplored.

Other E/V Nautilus research trips during the 2023 exploration season took place in the Eastern Pacific near British Columbia, in the Pacific Remote Islands Marine National Monument and in Papahānaumokuākea Marine National Monument.

“Science communication fellows bring expertise as educators and storytellers to work alongside scientists and engineers and make discoveries about the planet,” said Megan Cook, Ocean Exploration Trust’s director of education and outreach. “We are proud to elevate these role models for learners, with a particular focus on reaching communities who have been historically marginalized from STEAM and maritime fields.”

Martinez first traveled with Ballard aboard the E/V Nautilus in 2013. She’s also gone to the Arctic as a PolarTREC educator, where she worked with researchers studying how climate change affects vegetation in the tundra.

She sailed aboard the JOIDES Resolution as an education and outreach officer on an expedition that was the first of three planned to drill into the ocean floor to reach Earth’s mantle.

Martinez is a National Geographic Grosvenor Teacher Fellow, and she’s also traveled to Panama and Colombia and sailed aboard the R/V Atlantis with a team of scientists collecting sediment cores in the north Atlantic to study the Holocene period.

“There are a lot of field experiences for teachers out there who want to learn,” Martinez said. “I encourage other teachers to apply for these opportunities.”

Alejandra Martinez joined other educators, scientists and interns aboard the E/V Nautilus Expedition NA 156. They used ROV Hercules, a remotely operated underwater vehicle, to capture 3-D images of the ocean floor. Martinez helped lead Zoom and Google Meet sessions for teachers and students around the globe to share what they uncovered.

CHOOSE YOUR ADVENTURE

There are many opportunities for teachers to get hands-on experience in scientific research and other subjects to bring real-world lessons to the classroom.

APPLY FOR A FELLOWSHIP ABOARD THE E/V NAUTILUS: The Ocean Exploration Trust science communication fellowship brings formal and informal educators onboard to engage students and the public in the wonders of ocean exploration, sharing discoveries as well as aspects of daily life aboard a working exploration vessel.

“One of the major goals of our Nautilus Exploration Program is to motivate the next generation of explorers in STEAM fields,” said Allison Fundis, OET’s chief operating officer. “We are very excited to provide educators and students with the direct experience in ocean exploration while allowing them the opportunity to share that experience with their peers around the world.”

Learn more and apply at nautiluslive.org.

BECOME A GROSVENOR TEACHER FELLOW: Through this professional development opportunity for pre-K-12 educators, selected fellows take

part in Lindblad Expeditions’ voyages for field-based experience in partnership with National Geographic.

Grosvenor Teacher Fellows transfer their on-board experience into transformative ways to teach students, engage colleagues, and bring new geographic awareness into their learning environments and communities.

Expeditions are planned in 2024 to Alaska, Antarctica, the Arctic, Costa Rica, Panama and Columbia, Egypt, Europe and the British Isles, the Galapagos, Indonesia and Patagonia.

Learn more and apply at https://tinyurl.com/ 38n7yfxx.

APPLY FOR THE FULBRIGHT TEACHER EXCHANGE PROGRAM: The program provides an opportunity for K-12 educators to conduct research and engage in other professional learning experiences abroad for three to six months. Shorter trips between two and six weeks are also available. Participants work on individual research projects on a topic relevant to education in the United States and the host country, take courses at a host university, and collaborate with colleagues on educational practices to improve student learning.

Learn more at fulbrightteacherexchanges.org.

Winter 2023-24 | THE CLASSROOM TEACHER

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Special Sessions End in Stalemate FIGHT OVER VOUCHERS BLOCKS FUNDING FOR TEACHER PAY AND OTHER EDUCATION ISSUES

P

ublic education has dominated much of the discourse of the 88th Texas Legislature, both through the regular session and four consecutive special sessions. While most public education advocates hoped for higher pay for educators, more classroom support and a solution to the burgeoning teacher shortage, among other things, Gov. Greg Abbott voiced his unwavering support for a school voucher program in Texas, rebranded as an education savings account or ESA, above any other education priorities.

Vouchers, by any name, would harm public education by diverting funding to private schools. In other states that have implemented vouchers, not only have those programs started small and ballooned into an expensive system, but in some cases a majority of parents accepting voucher funding already have children in private schools and use the money as a coupon, subverting the idea that vouchers represent a way for underprivileged students to access private education.

Many voucher programs began with assurances that only up to a certain amount of money would be spent and that the money would not come from funds appropriated for public schools, but in almost every case, just the opposite has happened: voucher program costs grow significantly and public education funding suffers for it. With a “modest” $500 million as a starting point, a Texas voucher program could eventually drain billions if it siphons an increasing number of students from public schools.

During floor debate in April on HB 1, the House general appropriations bill, Rep. Abel Herrero proposed an amendment to the budget that would prevent the use of public funding for voucher programs. The amendment has been proposed and accepted in previous sessions, and has always been seen as a test of where House members stand on the issue. The Herrero amendment passed 86-52 with 11 abstentions, temporarily crippling any voucher proposals and signaling to Abbott that opposition to vouchers remained strong. Twenty-four Republicans, most from rural districts that do not stand to benefit from such legislation, joined Democrats in voting against voucher funding.

The Senate passed SB 8, its ESA proposal, on the same day the House ensured it would not be funded. Late in the regular session, the House Public Education Committee heard a 14

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modified version of SB 8 that added school funding increases, teacher pay raises and changes to the state accountability system to the existing voucher elements; this bill served as a precursor to other bills introduced in the special sessions that followed.

The regular session concluded without passage of a voucher bill and without new funding for schools or educator pay raises, despite a historic budget surplus and $5 billion reserved in the budget for education purposes. Abbott vowed to call special sessions until a suitable voucher bill reached his desk. The first two special sessions primarily concerned tax legislation, but beginning with the third special session, Abbott spelled out his demands in no uncertain terms: that the legislature shall “consider and act upon ... legislation providing education savings accounts for all Texas schoolchildren.” In addition to testing legislators’ patience in returning to Austin for repeated special sessions, Abbott threatened to support primary challengers to any Republicans who continued to vote against vouchers.

Over the summer, House Speaker Dade Phelan convened the Select Committee on Educational Opportunity and Enrichment, which met to hear invited testimony on the state of public education in Texas. Among those invited were two TCTA members who traveled to Austin to share their personal accounts of the struggles teachers face in the classroom today. TCTA Executive Board member Vivian Burleson of Northside ISD and Directors’ Council member Tommy Evans of Abilene ISD spoke about stagnant pay, increasing class size and lack of support in the classroom. The committee later released a report summarizing its findings, proposing a modest salary increase for teachers, adjustments to the Teacher Incentive Allotment and another attempt at an ESA.

Boot vouchers

In October, a number of education groups held a “Give Vouchers the Boot!” rally on the steps of the Capitol. TCTA members from across the state, including a contingent from the Rio Grande Valley led by State President Nydia AlvarezAlonzo, joined other Texas educators to send a clear message to the governor that vouchers are not a tenable policy in Continued on page 16

Winter 2023-24 | THE CLASSROOM TEACHER

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Continued from page 14 Texas. More than 500 education supporters attended to hear speeches from school board members, state representatives and teachers from across the state. After the speeches, attendees marched to the Governor’s Mansion to place boots outside the fence as a symbol of voucher resistance.

At the beginning of the third special session, Rep. Brad Buckley (who helms both the House Public Education Committee and the Select Committee for Educational Opportunity and Enrichment) filed HB 1, an omnibus bill that would address the items in the committee’s report, but it was never referred to a committee. In the Senate, Sen. Brandon Creighton, chairman of the Senate Education Committee, filed SB 1, an ESA bill that was similar to SB 8 from the regular session. It quickly advanced through the Senate but was never referred to a committee in the House.

Both bills died due to inaction.

Abbott did not include any education issues in the third special session call except vouchers, so House leaders refused to take up any non-voucher bills until the governor expanded the call to include other public education topics. (Bills on issues not covered in the governor’s agenda are subject to a point of order.) Near the end of the special session, House leaders negotiated with Abbott to modify HB 1 into something he would sign by adding a voucher program, and he expanded the call to include public education finance, teacher pay, school safety and a handful of other topics.

In the fourth special session, with the newly expanded call, Buckley quickly refiled HB 1 from the third special session with slight adjustments while Creighton filed two education bills: SB 1, yet another ESA bill, and SB 2, a teacher salary and school finance bill. SB 2 would have significantly increased teacher salaries for those in districts with fewer than 5,000 students with a more moderate increase for teachers in larger districts. HB 1 would have increased the basic allotment (funding provided to all districts) along with a modest

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raise for teachers. Both Senate bills passed quickly out of committee and were passed by the full Senate, but neither received a committee hearing in the House. HB 1 had a more difficult journey. Committee testimony on HB 1 lasted over 12 hours; hundreds testified both for and against the bill, but most of the testimony was in opposition to the ESA portions of the bill.

Behind the scenes, there was discussion among the Republicans who had previously voted against vouchers during the regular session regarding whether they would support HB 1 on the House floor. The bill contained positive aspects for public education, but the inclusion of an ESA program prevented many from voicing their support. When HB 1 reached the House floor, Republican Rep. John Raney moved to amend the bill to strip out the ESA program, essentially calling a floor vote on the issue of vouchers. A handful of pro-voucher representatives attempted procedural maneuvers to stop the amendment, but they failed and the amendment was finally passed 84-63. Buckley quickly withdrew his bill and referred it back to committee, effectively killing it.

Important elections ahead

The legislators who have held firm against Abbott’s threats, particularly the group of Republicans bucking party lines, deserve recognition. Abbott has already begun to endorse pro-voucher primary opponents for a handful of antivoucher Republicans. These races will be critical if education supporters are to maintain an anti-voucher coalition in the House that could prevent future voucher bills from passing.

Some anti-voucher Republicans have announced they will not seek reelection, so primaries for those open seats will be intensely contested.

As of early December, after the end of the fourth special session, legislators and Capitol observers are left wondering whether Abbott will continue to call special sessions or will shift his focus to campaigning for pro-voucher Republicans in the March primaries.

TCTA will provide voting record information on the key votes of the regular and special sessions through our TexasTeachersVote.org website, which will be updated in January with information on March primary candidates.

Teachers have a reputation for not voting, but we will be working to help ensure that all educators are registered and armed with good information to participate in the primaries.

L i a b i l i t y Po l i c y

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R e n e wa l o f N o. E P S 2 7 0 0 0 0 2

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Po l i c y N u m b e r E P S 2 8 0 0 0 1 5

TCTA EDUCATORS PROFESSIONAL LIABILITY INSURANCE

DECLARATIONS This Insurance is only available to members of Texas Classroom Teachers Association through Texas Classroom Teachers Association Services Corporation (RPG).

THESE POLICY PROVISIONS, WITH THE APPLICATION, DECLARATIONS AND ENDORSEMENTS, IF ANY, ISSUED TO FORM A PART THEREOF, COMPLETE THIS POLICY.

SCOTTSDALE INSURANCE COMPANY Home Office: One Nationwide Plaza | Columbus, Ohio 43215 Administrative Office: 18700 North Hayden Road Scottsdale, Arizona 85255 800-423-7675 A STOCK COMPANY

GENERAL AGENT NAME & ADDRESS ITEM 1. POLICYHOLDER & MAILING ADDRESS Texas Classroom Teachers Association Services Corporation 700 Guadalupe Austin, Texas 78701

Notice of CLAIM shall be given to: RT Specialty, LLC 820 Gessner Road, Suite 1850 Houston, TX 77024-4274 Attn: Claim Administrator Educators Professional Liability

ITEM 2. POLICY PERIOD

FROM: 08/01/2023 12:01 a.m. Standard Time at the address of the POLICYHOLDER as stated herein.

TO: 08/01/2024

ITEM 3. LIMITS OF LIABILITY COVERAGE A—Educators Liability Insurance 1. Per INSURED, per OCCURRENCE (other than CLAIMS based on alleged federal civil rights violations) .............................................................................. See Section V. Limits of Liability 2. Per INSURED, per OCCURRENCE for CLAIMS based on alleged federal civil rights violations ........................................................................................................................................ $2,000,000 Subject to the Coverage A.1. limitation above, there is a $10,000,000 annual aggregate for Coverage A.1. for the POLICY PERIOD as respects CLAIMS in excess of $3,000,000.

Coverage A—Annual aggregate for the POLICY PERIOD as respects each INSURED...................................................... $8,000,000 COVERAGE B—Supplemental Coverage 1. Per INSURED, per CLAIM (other than CLAIMS based on actual or alleged SEXUAL ACTION OR SEXUAL CONDUCT involving a minor or student) ........................................................... $15,000 2. Per INSURED, per CLAIM, and aggregate per INSURED for CLAIMS based on actual or alleged SEXUAL ACTION OR SEXUAL CONDUCT involving a minor or student .......................................... $10,000 COVERAGE C—Bail Bond per bail bond, per INSURED .............................................................................................................. $5,000 COVERAGE D—IDENTITY THEFT per INSURED ....................................................................................................................... $10,000 COVERAGE E—ASSAULT Related Personal Property Damage per ASSAULT ....................................................................... $5,000 Subject to the Coverages B, C, D, and E above annual aggregate for the POLICY PERIOD as respects each INSURED .............................................................................................................................................................. $240,000 NOTICE OF SETTLEMENT OF LIABILITY CLAIMS — TEXAS (This endorsement is attached to the policy and reproduced below).

The Company will notify the POLICYHOLDER in writing of its initial offer to compromise or settle a CLAIM against the INSURED under this policy. The notice will be given on or before the tenth (10th) day after the date on which the offer is made.

The Company will notify the POLICYHOLDER in writing of any settlement of a CLAIM against the INSURED made under this policy. The notice will be given on or before the thirtieth (30th) day after the date of the settlement.

The following endorsements are attached to the policy but are not reproduced here: NUCLEAR ENERGY LIABILITY EXCLUSION | MOLD EXCLUSION | ASBESTOS EXCLUSION Winter 2023-24 | THE CLASSROOM TEACHER

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EDUCATORS PROFESSIONAL LIABILITY POLICY Scottsdale Insurance Company A Stock Insurance Company, herein called the Company This policy is not subject to the terms and conditions of any other insurance and contains provisions that may be different from those of any other insurance. The policy should be read carefully by the INSURED.

I. INSURING AGREEMENTS In consideration of the payment of premium and full compliance with the terms and conditions contained in this policy, the Company agrees, subject to all limitations, definitions, conditions, exclusions and terms contained in this policy, to provide the INSURED with the coverages set forth herein under COVERAGE A, COVERAGE B, COVERAGE C, COVERAGE D and COVERAGE E as follows: COVERAGE A — Liability Coverage To pay on behalf of an INSURED all sums which an INSURED shall become legally obligated to pay as damages by reason of liability imposed on him or her by law for damages resulting from a CLAIM arising solely out of the ACTIVITIES OF AN INSURED IN HIS OR HER PROFESSIONAL CAPACITY and caused by any acts or omissions of the INSURED or any other person for whose acts the INSURED is legally liable, provided such acts or omissions occur during the POLICY PERIOD as stated in Item 2. of the Declarations.

With respect to such CLAIMS under this COVERAGE A and provided the CLAIM is otherwise covered by this policy, the Company shall defend the INSURED against any CLAIM or suit seeking damages which are payable under the terms of this policy, even if such suit is groundless, false or fraudulent; but the Company may make such investigation, negotiation and settlement of any CLAIM or suit as is deemed expedient. The Company shall provide Supplemental Payments in addition to the limits of liability with respect to such insurance as afforded by this policy under COVERAGE A as follows: 1.

All expenses incurred by the Company; all costs taxed against the INSURED in any suit defended by the Company and interest only on that part of any judgment therein which occurs after entry of the judgment and before the Company has paid or tendered or deposited in court that part of the judgment which does not exceed the limit of the Company’s liability thereon;

2.

Premiums on appeal bonds required in any such suit, premiums on bonds to release attachments in any such suit for an amount not in excess of the applicable limit of liability of this policy, but the Company shall have no obligation to apply or reapply for or furnish any such bonds;

3.

Expenses incurred by the INSURED for such immediate medical or surgical relief to others as shall be imperative at the time of the OCCURRENCE, for bodily injury to which this policy applies; and

4.

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Reasonable expenses incurred by the INSURED at the Company’s request in assisting the Company in the investigation or defense of any CLAIM or suit, including polygraph examination fees, if deemed appropriate by counsel, or actual loss of earnings, not to exceed $50 per day.

obligated to pay in the defense of any CRIMINAL ACTION OR PROCEEDING or for any other proceeding described in COVERAGE B and not otherwise covered by this policy arising as a result of the ACTIVITIES OF AN INSURED IN HIS OR HER PROFESSIONAL CAPACITY, provided such activities occur during the POLICY PERIOD as stated in Item 2. of the Declarations. The INSURED may select an attorney, subject to the approval of the Company. Reimbursement provided shall be limited to the Limit of Liability described for COVERAGE B in the Declarations and further limited to CLAIMS arising from: 1.

Expenses incurred in any CRIMINAL ACTION OR PROCEEDING or civil action not otherwise covered under COVERAGE A against the INSURED arising out of ACTIVITIES OF AN INSURED IN HIS OR HER PROFESSIONAL CAPACITY, except those charges or pleadings arising from actual or alleged SEXUAL ACTION OR SEXUAL CONDUCT involving a minor or student, in which instance coverage shall be the limit shown in Item 3. Coverage B.2. on the Declarations. Expenses for any action or proceeding covered by this paragraph will be paid regardless of final judgment;

2.

Expenses incurred in any action, proceeding or notice for dismissal of a non-probationary employee at any time or for the dismissal of a probationary employee during the school year, provided, however, that in such an action final judgment is rendered in his or her favor;

3.

Expenses incurred in any action against or brought by the INSURED involving dismissal, career ladder level assignments, salary, leave of absence, assignment, resignation, contract nonrenewal, appraisal, or other professional rights, duties and responsibilities, arising within the scope of employment, provided, however, that final judgment is rendered in his or her favor; or

4.

Expenses incurred in any action or proceeding against or brought by the INSURED involving the issuance, suspension, cancellation, or revocation of any credential, life diploma, or certification document issued by the State Board for Educator Certification, State Board of Education or other commission, provided, however, that in such an action or proceeding, a final decision or judgment is rendered in his or her favor.

COVERAGE C — Bail Bond To pay the premium for bail bond required of the INSURED arising solely out of ACTIVITIES OF AN INSURED IN HIS OR HER PROFESSIONAL CAPACITY during the POLICY PERIOD, but without obligation to apply for or furnish such bond. Coverage for bond premiums shall not exceed the limit shown in Item 3.

Coverage C.1. on the Declarations.

COVERAGE B — Supplemental Coverage

COVERAGE D — Identity Theft

To reimburse the INSURED for reasonable attorney’s fees for services and costs of court which the INSURED is legally

The Company will reimburse the INSURED for reasonable and necessary attorney fees which the INSURED is legally obligated to

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EDUCATORS PROFESSIONAL LIABILITY POLICY pay an attorney, but without obligation to furnish such attorney, incurred as a result of being a victim of IDENTITY THEFT. Coverage for IDENTITY THEFT shall not exceed the limit shown in Item 3. Coverage D on the Declarations.

COVERAGE E — Assault Related Personal Property Damage The Company will pay up to the limit of liability shown in Item 3. Coverage E on the Declarations for damage or destruction of the INSURED’S personal property or other people’s personal property when being used by, or in the care, custody or control of

an INSURED, provided the damage or destruction is caused by an ASSAULT upon the INSURED on or surrounding school property or while away from school property provided the INSURED is on an authorized school activity. This coverage is excess over any valid and collectible insurance available to the INSURED including Homeowners and Personal Property Floater policies. This coverage does not apply to damage or destruction of a VEHICLE of any kind. This coverage also does not apply to damage or destruction to property leased to, owned by or rented by an EDUCATIONAL UNIT.

II. COVERAGE LIMITATIONS Coverage A, B and C shall apply only for CLAIMS arising out of acts or omissions of the INSURED which occur during the POLICY PERIOD set forth in Item 2. of the Declarations.

Coverage D and E shall apply to ASSAULT or IDENTITY THEFT which is reported to the appropriate civil police entity during the POLICY PERIOD as set forth in Item 2. of the Declarations.

III. DEFINITIONS A.

ACTIVITIES OF AN INSURED IN HIS OR HER PROFESSIONAL CAPACITY Means activities of the INSURED in the course of his or her duties as an educator, classroom teacher, teacher’s aide, school secretary, substitute or student teacher, coach, member of a teaching staff, school nurse, licensed physical therapist, licensed athletic trainer, counselor, student counselor engaged in practicum, librarian, diagnostician, student diagnostician engaged in practicum, or other professional, nonadministrative employee of a Texas public school district or Texas institution of higher education. The terms of this policy shall specifically include the performance of assigned duties of an eligible INSURED as an appraiser, member of a career ladder selection committee, or a site-based decision-making committee.

B.

ASSAULT Means a physical attack on an INSURED. Proof of an ASSAULT shall be a report of such ASSAULT to the appropriate civil police entity during the POLICY PERIOD.

C.

CLAIM 1.

As respects COVERAGE A, means an oral or written notice from any party whose intention is to hold an INSURED responsible for any acts or omissions of the INSURED arising out of an OCCURRENCE in the course of ACTIVITIES OF AN INSURED IN HIS OR HER PROFESSIONAL CAPACITY.

2.

As respects COVERAGE B, means an oral or written notice from the INSURED or the INSURED’S attorney requesting reimbursement for attorney fees as a result of an action or proceeding arising from ACTIVITIES OF AN INSURED IN HIS OR HER PROFESSIONAL CAPACITY.

As respects C.1. and 2. above, CLAIMS based on or arising out of the same ACTIVITIES OF AN INSURED IN HIS OR HER PROFESSIONAL CAPACITY or series of related or continuous ACTIVITIES OF AN INSURED IN HIS OR HER PROFESSIONAL CAPACITY of one or more INSUREDS, regardless of the number of claimants who allege damages, will be considered a single CLAIM.

D.

CRIMINAL ACTION OR PROCEEDING Means the prosecution during the POLICY PERIOD of any INSURED initiated by the filing, with a court, or an investigation by a law enforcement department or the Child Protective Services that could lead to the filing, with a court, of an information, complaint, or indictment, and any amendments thereto, alleging that the INSURED had committed one or more crimes involving one or more incidents, acts or events.

Any such prosecution shall be considered a single CRIMINAL ACTION OR PROCEEDING, notwithstanding the fact that the prosecution may involve multiple incidents, multiple complainants, counts, or charges, and/or multiple trial and/or appellate proceedings.

E.

EDUCATIONAL UNIT Means a school district, a college or university, a state department of education, and/or any other institution for which the instruction of students is its primary purpose.

F.

IDENTITY THEFT Means the act of knowingly transferring or using, without lawful authority, a means of identification of an INSURED with the intent to commit, or to aid or abet another to commit, any unlawful activity that constitutes a violation of federal law or a felony under any applicable state or local law. Proof of IDENTITY THEFT shall be a report of such IDENTITY THEFT to the appropriate civil police entity during the POLICY PERIOD.

G.

INSURED Means a member of the Texas Classroom Teachers Association (TCTA) in accordance with the terms of its governance documents, with the following exceptions: A retired member is not an INSURED. A life member is an INSURED only if the member is engaged in a professional capacity as provided in Section III.A. above, in a position for which the member would otherwise be eligible to join TCTA as an active or associate member and has purchased this coverage. A student member is an INSURED only during the member’s semesters of student teaching for which the POLICYHOLDER has been Winter 2023-24 | THE CLASSROOM TEACHER

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EDUCATORS PROFESSIONAL LIABILITY POLICY notified. If this policy is a renewal, the term INSURED includes any members covered under the expired policy who reapply for coverage within sixty-one (61) days of the inception of this policy and who qualify as INSUREDS under the terms of this policy.

H.

OCCURRENCE Means an event that results in damages to person(s) other than the INSURED. An OCCURRENCE can involve a single, sudden event or the continuous or repeated exposure to the same conditions. If the latter, the exposure shall constitute a single OCCURRENCE and shall be deemed to have occurred as of the most recent exposure to said conditions.

I.

exposure, lewdness, sexual assault, sexual abuse, and other sexual offenses; and any other physical, verbal, and/or nonverbal activity of a sexual nature including sexual harassment with any adult or minor; and any tort or legal or equitable cause of action involving conduct of a sexual nature. The term also means conduct of the INSURED, conduct by a person acting under the direction or supervision of the INSURED, conduct by any person acting in concert with the INSURED, and alleged or actual omissions of the INSURED which may give rise to liability of the INSURED for the SEXUAL ACTION OR SEXUAL CONDUCT of any other person.

POLICYHOLDER

L.

Means:

Means the Texas Classroom Teachers Association Services Corporation.

J.

1.

Any motor driven device designed for transport on or off public roads. This includes, but is not limited to, autos, buses, motorcycles, motor bicycles, dune buggies, snowmobiles and golf carts;

SEXUAL ACTION OR SEXUAL CONDUCT

2.

Means conduct prohibited by a penal statute involving physical, verbal, and/or nonverbal activity of a sexual nature including, without limitation, rape, indecency with a child, indecent

Any trailer or other device being towed by or carried on a VEHICLE; and

3.

Any device which travels on fixed rails or crawler treads.

POLICY PERIOD Means the period of time stated in Item 2. of the Declarations.

K.

VEHICLE

Wheelchairs are not considered VEHICLES.

IV. TERRITORY This policy applies only to OCCURRENCES within the United States of America, its territories or possessions, or Canada. The original suit or CLAIM for damages must be brought within the United States of America, its territories or possessions, or Canada.

V. LIMITS OF LIABILITY The limits of liability provided under COVERAGE A, COVERAGE B, COVERAGE C, COVERAGE D and COVERAGE E are separate and distinct from each other.

A. The limit of liability applicable to Coverage A.1., per INSURED, per OCCURRENCE is the maximum limit of the Company’s liability for any CLAIM(S) not alleging federal civil rights violations: The first $3,000,000 of the per INSURED, per OCCURRENCE limit for Item 3. Limits of Liability Coverage A.1. is not subject to an annual maximum limit — all CLAIMS for all INSUREDS; The next $5,000,000 up to $8,000,000 per INSURED, per OCCURRENCE limit for Item 3. Limits of Liability Coverage A.1. is subject to an annual maximum limit of $10,000,000 — all CLAIMS for all INSUREDS as stated in Item 3. Coverage A of the Declarations page.

After the annual aggregate is exhausted, the limit of liability stated in Item 3. of the Declarations as applicable to Coverage A.1., per INSURED, per OCCURRENCE is reduced from $8,000,000 to $3,000,000. The annual aggregate is part of and not in addition to the applicable limits of liability for Coverage A.1.

B.

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The limit of liability applicable to Coverage A.2., per INSURED, per OCCURRENCE for any CLAIM(S) alleging federal civil rights violations shall not exceed the limit shown in Item 3.

Coverage A.2. on the Declarations and is the maximum limit of the Company’s liability for any CLAIM(S) alleging federal civil rights violations.

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C.

The Company’s limit of liability for COVERAGE A is further always subject to the annual aggregate for the POLICY PERIOD as set forth in the Declarations as respects each INSURED member.

D.

With respect to COVERAGE B, the Company’s limit of liability is the limit shown in Item 3. Coverage B.1. on the Declarations per INSURED, per CLAIM arising from CRIMINAL ACTION(S) OR PROCEEDING(S) or other proceedings as set forth in I. INSURING AGREEMENTS, COVERAGE B — Supplemental Coverage and is further limited to the limit shown in Item 3. Coverage B.2. on the Declarations, per INSURED and aggregate per INSURED for charges or pleadings of actual or alleged SEXUAL ACTION OR SEXUAL CONDUCT involving a minor or student. The Company’s total liability per INSURED and aggregate per INSURED for charges or pleadings of actual or alleged SEXUAL ACTION OR SEXUAL CONDUCT involving a minor or student shall never exceed the limits shown in Item 3. Coverage B.2.

E.

With respect to COVERAGE C, the Company’s limit of liability per bail bond, per INSURED shall not exceed the limit shown in Item 3. Coverage C.1. on the Declarations as respects each INSURED.

F.

With respect to COVERAGE D, the Company’s limit of liability per INSURED shall not exceed the limit shown in Item 3.

Coverage D on the Declarations as respects each INSURED.

G.

With respect to COVERAGE E, the Company’s limit of liability per ASSAULT shall not exceed the limit shown in Item 3.

EDUCATORS PROFESSIONAL LIABILITY POLICY Coverage E on the Declarations as respects each ASSAULT. H.

POLICY PERIOD as set forth in the Declarations as respects each INSURED member.

The Company’s limit of liability for COVERAGE B, C, D and E is further always subject to the annual aggregate for the

VI. EXCLUSIONS This insurance does not apply: A.

To any activities of the INSURED not carried on in his or her professional capacity, as defined in III. A. herein;

B.

To any loss sustained as a result of the ownership, maintenance, operation, use, loading, or unloading by any INSURED, by any person under the supervision of an INSURED or by any other person of: (a) vehicles of any kind, other than farm tractors not operated on public highways; (b) watercraft; or (c) aircraft; except, however, coverage would apply to: (1) an INSURED who is a driver training instructor while riding as a passenger in the course of his or her duties as an employee of a school system; (2) an INSURED who is an automobile mechanics instructor in the course of his or her regular instruction carried out in a shop provided by the school; and (3) an INSURED while supervising students entering or exiting a school bus.

However, coverage does not apply to B.(1), B.(2) or B.(3) above when the INSURED has any other insurance of any kind whatsoever which affords coverage for such CLAIM(S).

SECTION VII–CONDITIONS, F. Other Insurance, does not apply to this exception to Exclusion B.;

C.

D.

E.

F.

To liability assumed by the INSURED under any contract or agreement other than a contract or agreement for performance of services or employment as an instructor, or member of a faculty or teacher staff or a Texas public school or Texas institution of higher education;

any INSURED unless the INSURED administers the medication pursuant to an employing district’s policy adopted pursuant to Sec. 22.052(a), Texas Education Code or any similar state or local law; G.

To the sale or furnishing of any food or beverage, whether in a cafeteria or otherwise, except to the reimbursement of attorney’s fees as provided under COVERAGE B.2., 3. and 4.;

H.

To criminal acts or for conduct prohibited by a state or federal penal statute, except as provided in COVERAGE B;

I.

To the defense of any civil suit for alleged or actual criminal acts or for conduct prohibited by a state or federal penal statute other than corporal punishment of any student by or at the direction of the INSURED administered as permitted by the law governing corporal punishment in the jurisdiction where the school is located;

J.

To CLAIMS brought by INSUREDS against the POLICYHOLDER, as defined by the policy, or against the Texas Classroom Teachers Association;

K.

To punitive damages or exemplary damages in excess of $5,000;

L.

To any damages resulting from intentional acts of, or at the direction of, the INSURED, whether or not such damages are intended or foreseeable, except as provided by the following three exceptions to this exclusion:

To any obligation of the INSURED directly occasioned by, happening through, or in consequence of war, invasion, acts of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation or nationalization or requisition or destruction of or damage to property by or under the order of any government or public or local authority; To employers’ liability, including employers’ liability as respects occupational diseases, and any obligation for which the INSURED or the INSURED’S employer and/or any company as their insurer may be held liable under any workers’ compensation, unemployment compensation, or disability benefits or similar law; and any obligation of the INSURED or the INSURED’S employer to indemnify another or contribute to the liability of another arising from a CLAIM by an employee of the INSURED arising out of the course of employment of that employee; 1.

2.

To the rendering of any dental, medical or surgical services or the omission thereof, except by an INSURED who is a registered or licensed vocational nurse, licensed physical therapist, or licensed athletic trainer in the course of his or her duties as an employee of a school system; or who is performing the procedure as a related service for a student with disabilities or pursuant to an individualized education program; or To the administering of medication to students by

1.

This exclusion shall not apply to acts involving corporal punishment of any student or pupil administered by or at the direction of the INSURED in the course of ACTIVITIES OF AN INSURED IN HIS OR HER PROFESSIONAL CAPACITY administered as permitted by the law governing corporal punishment in the jurisdiction where the school is located;

2.

This exclusion shall not apply to allegations of libel, slander, or defamation of character arising from an act within the course and scope of employment of an INSURED;

3.

This exclusion shall not apply if the civil proceeding against the INSURED is based on an alleged violation of any civil rights guaranteed by the Constitution or Civil Rights statutes of the United States, except that this insurance shall not apply to any damages resulting from acts or omissions indicating deliberate indifference to a clearly established statutory or constitutional right of another of which a reasonable person would have known;

M. To any action for equitable relief, injunctive relief, declaratory relief or any other relief or recovery that is not seeking monetary judgment, award or settlement, except as provided in COVERAGE B, unless the relief prayed for also seeks damages which are covered under COVERAGE A; N.

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EDUCATORS PROFESSIONAL LIABILITY POLICY relief, injunctive relief, declaratory relief or any other relief or recovery that is not seeking a monetary judgment, award or settlement, except as provided in COVERAGE B, unless the relief prayed for also seeks damages which are covered under COVERAGE A; O.

To activities of any INSURED while acting in his or her capacity as an administrator or a member of any School Board or similarly constituted body, or other capacity for which the individual is ineligible for membership in the Texas Classroom Teachers Association;

P.

To any obligation of the INSURED arising out of Human Immunodeficiency Virus (HIV), Aids Related Complex (ARC), Acquired Immune Deficiency Syndrome (AIDS), or any virus, complex or syndrome related to the preceding including, but not limited to, any CLAIM, accusations, or charges brought against any INSURED, and to any obligation or duty of the Company to afford defense for such CLAIMS, accusations, or charges that were made because of any damages or injury arising out of HIV, ARC, and/or AIDS, no matter how transmitted;

Q.

To bodily injury or personal injury; or loss of, damage to, or loss of use of property directly or indirectly caused by or arising out of seepage into or onto and/or pollution of and/or contamination of air, land, water and/or any other property, however caused and whenever happening, or to bodily injury or personal injury; or loss of, damage to, or loss of use of property directly or indirectly caused by or arising out of: (a) disposal, dumping, conveyancing, carriage, or transportation of any seeping and/or polluting and/ or contaminating substances or materials or waste substance(s) or waste material(s) of whatever nature; (b) waste of disposal sites which were, or currently are, owned, operated, or used by the INSURED or were or currently are utilized by others acting for and/or on behalf of the INSURED; or (c) evaluating and/or

monitoring and/or controlling and/or removing and/or nullifying and/or cleaning up seeping and/or polluting and/or contaminating substances and materials.

The words “loss of, damage to, or loss of use of property” as used in this exclusion include, but shall not be limited to: (a) the costs of evaluating and/or monitoring and/or controlling and/or removing and/or nullifying and/or cleaning up seeping and/or polluting and/or contaminating substances; (b) loss of, damage to or loss of use of property directly or indirectly resulting from subsurface operations of the INSURED; and (c) removal of, loss of, or damage to subsurface oil, gas or any other substances; R.

To any circumstance or CLAIM resulting from the manufacture, distribution or use of asbestos or products or premises containing asbestos fiber including, but not limited to, any circumstance or CLAIM resulting from asbestosis or any related disease and any circumstance or CLAIM resulting from the inhalation of asbestos fiber and including, but not limited to, any circumstance or CLAIM arising out of the abatement or removal of asbestos from buildings;

S.

To CLAIMS for actual or alleged SEXUAL ACTION OR SEXUAL CONDUCT of an INSURED or any other person or to the defense thereof, regardless of whether such action is alleged to be intentional or negligent, including, but not limited to, charges of sexual harassment brought by an employee or by or on behalf of a student of any school district or institution of higher education, except to the reimbursement of attorney’s fees as provided under COVERAGE B; or

T.

To the payment of any fines, monies, levies or other forms of payment required by a judge, court, or administrative agency as restitution or penalty for commission of a crime or for engaging in conduct prohibited by an administrative rule or regulation by an INSURED.

VII. CONDITIONS A.

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the Company’s representatives, and meetings with such representatives for the purpose of investigation or defense and all without charges to the Company.

In addition to all the above terms, limitations, provisions, conditions and exclusions, this policy is further subject to the following conditions: 1.

If a CLAIM is first made or suit is first brought against an INSURED for an act or omission which occurred during the POLICY PERIOD as stated in Item 2. of the Declarations, the INSURED shall immediately forward in writing to the POLICYHOLDER or the Company every demand, notice of summons or other process received by his or her representatives. If the required documentation is sent to the POLICYHOLDER, the POLICYHOLDER shall then immediately forward to the Company every demand, notice of summons or other process received by his or her representatives.

2.

The INSURED shall cooperate with the Company and, upon the Company’s request, shall submit to examination and interrogation by a representative of the Company, under oath if required, and shall attend hearings, depositions and trials and shall assist in effecting settlement, securing and giving evidence, obtaining the attendance of witnesses in the conduct of suits, as well as in the giving of written statement or statements to

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3.

Upon request, the Company shall furnish the INSURED copies of CLAIM or suit pleading, motion papers and depositions. The Company will defend any suit against the INSURED seeking damages to which this insurance applies, even if any of the allegations of the suit are groundless, false or fraudulent, and it is agreed that the Company may make such investigation and settlement of any CLAIM or suit as it deems expedient, but the Company shall not be obligated to pay any CLAIM or judgment or to defend any suit after the applicable limit of the Company’s liability has been exhausted by payment of judgments or settlements.

4.

The Company shall have the exclusive right to contest or settle any of the said suits or CLAIMS. The INSURED shall not interfere in any way respecting any negotiations for the settlement of any CLAIM or suit, or in the conduct of any legal proceedings. The INSURED will cooperate with the Company’s authorized representatives and render to them all possible cooperation and assistance.

EDUCATORS PROFESSIONAL LIABILITY POLICY B.

The INSURED shall not, except at his or her own cost, voluntarily make any payment, admit any liability, settle any CLAIM, assume any obligation, or incur any expense without the written consent of the Company.

C.

SUBROGATION In the event of any payment under this policy, the Company shall be subrogated to all the INSURED’S rights of recovery against any person or organization and the INSURED shall execute and deliver instruments and papers and do whatever else is necessary to secure such rights. The INSURED shall do nothing after loss to prejudice such rights.

D.

Company until its consent is endorsed hereon. If, however, the INSURED shall die or be adjudged to be incompetent, this policy shall cover the INSURED’S legal representatives as INSURED with respect to liability previously incurred and covered by this policy.

SETTLEMENT

IMPAIRMENT OF RECOVERY

H.

By acceptance of this policy, the INSUREDS, the POLICYHOLDER, and any successors agree that the statements in the Declarations and in the application forming a part of this policy are issued in reliance upon the truth hereof and that this policy embodies all agreements existing between such persons and the Company or its agent relating to this insurance.

I.

ACTION AGAINST COMPANY No action shall lie against the Company unless, as a condition precedent thereto, there shall have been full compliance with all the terms of this policy, nor until the amount of the INSURED’S obligation to pay has been finally determined either by judgment against the INSURED after actual trial or by written agreement of the INSURED, the claimant and the Company.

Any person or organization or the legal representative thereof who has secured such judgment or written agreement shall thereafter be entitled to recover under this policy to the extent of the insurance afforded by this policy. No person or organization shall have any right under this policy to join the Company as a party to any action against the INSURED to determine the INSURED’S liability, nor shall the Company be impleaded by the INSURED or his or her legal representative. Bankruptcy or insolvency of the INSURED or of the INSURED’S estate shall not relieve the Company of any of its obligations hereunder.

F.

OTHER INSURANCE This policy is specifically excess if the INSURED has other insurance of any kind whatsoever, whether primary or excess, or if the INSURED is entitled to defense or indemnification from any other source whatsoever, including by way of example only, such sources as state statutory entitlements or provisions. Other insurance includes, but is not limited to, insurance policies, state pools, and programs of self-insurance, purchased or established by or on behalf of any EDUCATIONAL UNIT, to insure against CLAIMS arising from activities of the EDUCATIONAL UNIT or its employees, regardless of whether or not the policy or program provides primary, excess, umbrella or contingent coverage. In addition, COVERAGE A is specifically excess over coverage provided by any EDUCATIONAL UNIT’S or school board’s errors and omissions or general liability policies, purchased by the INSURED’S employer or former employers, or self-insurance program or state pools, whether collectible or not, and it is specifically excess over coverage provided by any policy of insurance which purports to be excess to a policy issued to the INSURED. This condition is not applicable to Section VI–EXCLUSIONS, Exclusion B.

G.

ASSIGNMENT Assignment of interest under this policy shall not bind the

CHANGES Notice to any agency or knowledge possessed by any agent or by any other person shall not effect a waiver or change in any part of this policy or stop the Company from asserting any right under the terms of this policy nor shall the terms of this policy be waived or changed except by endorsement issued to form a part of this policy.

The Company shall not be bound to any loss of the INSURED if the INSURED shall have impaired any right of recovery for loss.

E.

DECLARATIONS

J.

CANCELLATION OR NONRENEWAL This policy may be canceled by the POLICYHOLDER by surrendering the policy to the Company or any of its authorized agents, or by mailing to the Company written notice stating when thereafter the cancellation shall be effective.

This policy may be canceled for nonpayment of premium with a written notice to the POLICYHOLDER mailed to the address shown in the Declarations, stating when, not less than sixty (60) days such cancellation will be effective. In which case, earned premium shall be computed pro rata.

If this policy shall be canceled by the POLICYHOLDER, the Company shall retain the customary short rate proportion of the premium hereon. Payment or tender of any unearned premium by the Company shall not be a condition precedent to the effectiveness of cancellation, but such payment shall be made as soon as practicable. If the period of limitation relating to the giving of notice is prohibited or made void by any law controlling the construction thereof, such period shall be deemed to be amended to be equal to the minimum period or limitation of such law.

In the event of cancellation and with the consent of the Company, not to be unreasonably withheld, the coverage for individuals for whom premium has been paid will continue until the end of the POLICY PERIOD. If the Company elects not to renew this policy at the end of a POLICY PERIOD, a written notice of nonrenewal stating the reason for such nonrenewal will be mailed or delivered to the POLICYHOLDER at least ninety (90) days before the expiration date of the policy. The notice will be mailed to the last known address of the POLICYHOLDER. If notice is mailed, proof of mailing is sufficient proof of notice.

If the policy is written on a reporting basis, the POLICYHOLDER agrees in the event of cancellation to report the units of exposure and to pay premium thereon to the Company as provided herein up to date of cancellation. Premium adjustment may be made either at the time cancellation is effected or as soon as practical after cancellation becomes effective, but payment or tender of unearned premiums is not a condition of cancellation.

Winter 2023-24 | THE CLASSROOM TEACHER 23

EDUCATORS PROFESSIONAL LIABILITY POLICY K.

INSURED’S behalf. The POLICYHOLDER is charged with the responsibility of notifying the Company and all INSUREDS of any changes that might affect the insurance provided by this policy.

SOLE AGENT Notice to the POLICYHOLDER shall constitute notice to each INSURED. By acceptance of this policy, the POLICYHOLDER will act on behalf of all INSUREDS with respect to: 1.

The giving and receiving of notice of CLAIMS or cancellation;

2.

Accepting any endorsement issued to this policy;

3.

Paying premium when due; and

4.

Receiving return premium.

Each INSURED agrees the POLICYHOLDER will act on the

L.

AUDIT The deposit premium shown in the Declarations is provisional and is based on the number of insured members at inception.

The POLICYHOLDER agrees to maintain a record of insured members and the policy will be subject to audit in a manner determined by the General Agent with the agreement of the Company. The premium will be adjusted accordingly based on the outcome of the audit. The final premium is subject to a Minimum Earned Premium.

REIMBURSEMENT OF ATTORNEY FEES — CIVIL RIGHTS VIOLATION ACTION OR PROCEEDING (THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY) Schedule: Civil Rights Violation Action or Proceeding: $10,000 The following is added to SECTION I. INSURING AGREEMENTS, Coverage B — Supplemental Coverage: An action or proceeding based upon an alleged violation of civil rights guaranteed by the constitution or civil rights statutes of the

United States or of any state arising out of ACTIVITIES OF THE INSURED IN HIS/HER PROFESSIONAL CAPACITY and not otherwise covered up to the limit shown in the Schedule.

All other terms and conditions of this policy remain unchanged.

FIREARMS EXCLUSION (THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY) The following exclusion is added to the EXCLUSIONS Section of the policy: The Company shall not be obligated to make any payment or defend any lawsuit in connection with any CLAIM against the insured arising from: 1.

The ownership, possession, maintenance, use (including the loading, reloading or use of ammunition), threatened use, operation or entrustment to others of any FIREARMS(S) by any insured; or

2.

The negligent hiring or supervision of others by any

insured with respect to the ownership, possession, maintenance, use (including the loading, reloading, or use of ammunition), threatened use, operation or entrustment to others of any FIREARM(S).

The following definition is added to the DEFINITIONS Section of the policy: FIREARM(S) includes, but is not limited to, guns, handguns, revolvers, pistols, rifles, shotguns, semi-automatic weapons or stun guns or similar devices.

All other terms and conditions of this policy remain unchanged.

TEXAS AMENDATORY ENDORSEMENT (THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY) Coverage A. is afforded for Educators Liability subject to the limits of liability, as stated in Item 3. of the Declarations, in excess of the underlying limit provided to Texas public school district employees through the Texas Association of School Boards (TASB) for liability for damages arising from negligence,

wrongful acts or failure to act.

The following is to the Other Insurance Condition: In addition, Coverage A. is specifically excess over coverage provided by the Texas Association of School Boards (TASB).

TEXAS REQUIRED NOTICE This insurance contract is with an Insurer not licensed to transact insurance in this state and is issued and delivered as Surplus Lines coverage under the Texas Insurance Statutes. The Texas Department of Insurance does not audit the finances or review the solvency of the Surplus Lines Insurer providing this coverage, and the Insurer is not a member of the Property and Casualty Insurance Guaranty Association created under Chapter 462, Insurance Code. Chapter 225, Insurance Code, requires payment of a 4.85% tax on gross premium.

24

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EDUCATORS PROFESSIONAL LIABILITY POLICY

REIMBURSEMENT OF ATTORNEY FEES — PRIVATE INSTRUCTION (THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY) 1.

The following is added to SECTION I ­— INSURING AGREEMENTS, Coverage B — Reimbursement of Attorney Fees, Subsection A.: A. The Company will reimburse the insured for reasonable and necessary attorney fees which the insured is legally obligated to pay an attorney for the defense of any action brought against such insured arising out of the following activities, but without obligation to furnish such attorney: incurred in the defense of an action or proceeding against the insured arising from private instruction activities of such insured.

2.

As respects the coverage provided by this endorsement, the following sublimits apply: Coverage B — Reimbursement of Attorney Fees

Sublimits of Liability $10,000 per CLAIM, per insured $10,000 Annual Aggregate, per insured and subject to the Annual Aggregate, all CLAIMS, as shown on the Declarations.

The sublimits of liability stated in this endorsement shall be part of, and not in addition to, the limits of liability shown on the Declarations.

3. Exclusion B. of SECTION VI — EXCLUSIONS is deleted in its entirety and is replaced by the following: The Company shall not be obligated to make any payment or defend any lawsuit in connection with any CLAIM against the insured arising from: B. as respects Coverage A. only, activities of the insured carried on in a private business or private professional endeavor.

SCOTTSDALE INSURANCE COMPANY IMPORTANT NOTICE — TEXAS

LOSS CONTROL AVAILABILITY — TEXAS

You may also write to Scottsdale Insurance at: Scottsdale Insurance Company 18700 North Hayden Road Scottsdale, AZ 85255

•

On-site physical inspection with recommendations for improvement

•

Hand-outs of similar industry claims and loss analysis

•

Provision of loss summaries and analysis of your operation

•

Recommendations for vehicle maintenance and inspection

•

Bulletin board type safety materials for posting in conspicuous locations

•

Loss Control Newsletter

To obtain information or make a complaint: You may contact your agent or you may call Scottsdale Insurance Company’s toll-free number at: 1-800-423-7675.

You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439.

You may write the Texas Department of Insurance at: Consumer Protection MC: CO-OP PO Box 12030 Austin, TX 78711-2030 Web: http://www.tdi.texas.gov Email: ConsumerProtection@tdi.texas.gov

Loss Control techniques are a function of safety in any operation. Loss Control is a managed analysis of accidents, equipment, facilities and employees to reduce the possibility that a loss will occur and/or reduce the severity of those that do occur. One or more of the following methods for controlling losses may be implemented:

PREMIUM OR CLAIM DISPUTES:

Managing losses through Loss Control techniques can reduce both personal and financial injury. Should you desire Loss Control services, call 1-800-423-7675, extension 3184.

ATTACH THIS NOTICE TO YOUR POLICY:

The professional liability insurance is provided by Scottsdale Insurance Company, a wholly owned subsidiary of Nationwide®, one of the largest insurance and financial service providers in the United States with an A.M. Best Rating of A+XV (superior). The coverage is provided through a purchasing group, and the insurer may not be subject to all insurance laws and regulations of the state.

Should you have a dispute concerning your premium or about a claim, contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance.

This notice is for information only and does not become a part or condition of the attached document.

Winter 2023-24 | THE CLASSROOM TEACHER 25

RISK MANAGEMENT OVERVIEW

Information provided by the Texas Classroom Teachers Association in cooperation with Scottsdale Insurance Company

THE SCOPE OF QUALIFIED IMMUNITY IN TEXAS Fortunately for Texas teachers, the state of Texas has strong laws providing for qualified immunity from liability for professional public school employees. The purpose of this article is to provide an overview of those state statutes and review sources of potential liability in an effort to prevent liability. (NOTE: This article does not address any potential liability under federal law.) The Texas statute that provides for qualified immunity was amended and strengthened by the 78th Texas Legislature during the regular session and reads as follows: person that is or was in the possession of the employee because of an act that is incident to or within the scope of the duties of the employee’s position of employment.

Sec. 22.051. DEFINITION; OTHER IMMUNITY. (a) In this subchapter, “professional employee of a school district” includes: (1) a superintendent, principal, teacher, including a substitute teacher, supervisor, social worker, school counselor, nurse, and teacher’s aide employed by a school district; (2) a teacher employed by a company that contracts with a school district to provide the teacher’s services to the district;

•

the act is incident to or within the scope of the duties of the employee’s position of employment;

•

the act involves the exercise of judgment or discretion on the part of the employee;

•

the employee is not using excess force or negligence in the discipline of a student3; and

(5) a member of the board of trustees of an independent school district; and

•

the act does not involve the operation, use, or maintenance of any motor vehicle.4

(6) any other person employed by a school district whose employment requires certification and the exercise of discretion.

Other than the use of motor vehicles, professional school employees have exposure to potential liability in two primary areas: ministerial acts and student discipline. Ministerial acts are actions or omissions that do not involve the exercise of judgment or discretion on the part of the employee. The negligent performance of (or lack of performance of) a ministerial act by a professional school employee resulting in injury could make the teacher liable for the injury. So far, the Texas cases have construed the term “ministerial” fairly narrowly. The Texas Supreme Court defines ministerial acts as those “where the law prescribes and defines the duties to be performed with such precision and certainty as to leave nothing to the exercise of discretion or judgment.”5 Nevertheless, the Texas Supreme Court has declined to overrule a decision of the Fort Worth Court of Appeals holding that the alleged failure of school employees to follow certain mandatory procedures of the school constituted a ministerial act for which the qualified immunity from liability did not apply.6 In that case, a mentally disabled student was allegedly sexually assaulted by another student in the school elevator. The school administration implemented new procedures that included such measures as never allowing the students to be alone together, only allowing adults to have the keys to the elevator, and executing a mandatory tardy policy for the students.

The parents of the student alleged that these procedures were not followed and that the student was assaulted two additional times in the school elevator. The parents filed suit against the school district superintendent, principal, vice principal and special education diagnostician. These professional school employees asserted that they were entitled to the qualified immunity from liability.

The Court of Appeals held that they were not entitled to immunity from liability. According to the court, the procedures that were implemented to protect the student from additional assaults “defined the duties with such precision as to leave nothing to the exercise of Appellants’ judgment or discretion.”7 Since those

(3) a student in an education preparation program participating in a field experience or internship; (4) a school bus driver certified in accordance with standards and qualifications adopted by the Department of Public Safety of the State of Texas;

(b) The statutory immunity provided by this subchapter is in addition to and does not preempt the common law doctrine of official and governmental immunity.1

Sec. 22.0511. IMMUNITY FROM LIABILITY. (a) A professional employee of a school district is not personally liable for any act that is incident to or within the scope of the duties of the employee’s position of employment and that involves the exercise of judgment or discretion on the part of the employee, except in circumstances in which a professional employee uses excessive force in the discipline of students or negligence resulting in bodily injury to students. (b) This section does not apply to the operation, use, or maintenance of any motor vehicle. (c) In addition to the immunity provided under this section and under other provisions of state law, an individual is entitled to any immunity and any other protections afforded under the Paul D. Coverdell Teacher Protection Act of 2001 (20 U.S.C. Section 6731 et seq.), as amended. Nothing in this subsection shall be construed to limit or abridge any immunity or protection afforded an individual under state law. For purposes of this subsection, “individual” includes a person who provides services to private schools, to the extent provided by federal law.2 (d) A school district may not by policy, contract, or administrative directive: (1) require a district employee to waive immunity from liability for an act for which the employee is immune from liability under this section; or (2) require a district employee who acts in good faith to pay for or replace property belonging to a student or other

26

Generally, the statute provides qualified immunity from liability in the following situation for the persons defined in Section 22.051. A professional school employee is immune from liability under state law if the following conditions are met:

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RISK MANAGEMENT OVERVIEW procedures were not followed, the employees could be held liable under Texas tort law.

The other source of potential liability is in the discipline of students.

A professional school employee can be liable for using excessive force in the discipline of students or by being negligent in the discipline of students. The most important thing to keep in mind is to be very careful not to use excessive force when disciplining students. You should be very familiar with your district’s policies relating to student discipline, especially if your policies authorize corporal punishment.

You should also strictly adhere to any policies relating to physical contact with students. While provisions of the Texas Penal Code and Education Code allow an educator to use reasonable force to maintain discipline, you should only use force on a student if necessary to protect another student or yourself from bodily injury.8 Teachers must keep in mind that potential liability for the negligent discipline of a student is not limited to situations involving corporal punishment or use of force against a student. The Dallas Court of Appeals envisioned the following scenario as a basis for potential liability: In other instances, the punishment involves no force, but rather requires some action on the part of the student as a result of which the student suffers bodily injury. An example of the latter instance would be running laps around an athletic field.

It is conceivable that an act or failure to act on the part of the professional employee might be a proximate cause of bodily injury suffered by a student in running the laps.9 While the definition of corporal punishment in state law excludes physical pain caused by reasonable physical activity associated with athletic training, competition or physical education, any physical activity should be assigned for the purpose of conditioning or training rather than as punishment.10 Professional employees should also note that another statute providing for immunity from liability for employees who dispense medication to students has been amended. This law provides: (a) On the adoption of policies concerning the administration of medication to students by school district employees, the school district, its board of trustees, and its employees are immune from civil liability from damages or injuries resulting from the administration of medication to a student if: (1) the school district has received a written request to administer the medication from the parent, legal guardian, or other person having legal control of the student; and (2) when administering prescription medication, the medication is administered either: (A) from a container that appears to be: (i) the original container; and (ii) properly labeled; or (B) from a properly labeled unit dosage container filled by a registered nurse or another qualified district employee, as determined by district policy, from a container described by Paragraph (A).11 (b) The board of trustees may allow a licensed physician or registered nurse who provides volunteer services to the school district and for whom the district provides liability insurance to administer to a student: (1) nonprescription medication; or

(2) medication currently prescribed for the student by the student’s personal physician. (c) This section may not be construed as granting immunity from civil liability for injuries resulting from gross negligence.

It is unclear whether this law is supplemental to the immunity provided by Section 22.0511, or whether it creates an entirely different standard for immunity when dispensing medication.

Although it is possible that Section 22.0511 also applies, school employees should only dispense prescription medication under the circumstances provided under the above statute.

While Texas law provides a strong qualified immunity to its professional school employees, it is clear that there are situations in which there is exposure. For this reason, it is fortunate that the Texas Legislature placed a $100,000 cap on damages for suits against professional school employees for “actions incident to or within the scope of duties of the employee’s position of employment.”12 As this is a relatively new statute, it remains to be seen how the Texas courts will implement this cap on damages.

The fact that you may be immune from liability in certain circumstances does not keep someone from filing a lawsuit against you. If this happens, you will need the assistance of qualified counsel to represent you and assert the qualified immunity from liability on your behalf. You should be sure that you renew your membership in TCTA and the professional liability coverage within the grace period provided by the policy to make sure there is no lapse in your coverage.

One of the most important ways to prevent liability is to consult with legal counsel if you have any questions about your potential for liability and how to minimize it. TCTA members are fortunate to have toll-free access to staff attorneys to advise you on these matters.

If you ever have any questions about the potential for liability, you should contact the TCTA Legal Department at 888-879-8282.

Section 22.051, Texas Education Code.

Section 22.0511, Texas Education Code.

3 The Texas Supreme Court has ruled that the use of the term negligence in this wording of the statute applies only in the context of disciplining a student. Barr v. Bernhard, 562 S.W.2d 844 (Tex.1978); Hopkins v. Spring Independent School District, 736 S.W.2d 617 (Tex. 1987).

4 It is important to note that the professional liability policy available to TCTA members does not cover the operation, use or maintenance of any motor vehicle except as provided by Exclusion B in Section VI of the policy.

Members should make sure they are covered by their own motor vehicle policy or that they are specifically named as an insured under their district’s motor vehicle policy if they transport students, whether in a school district vehicle or a personal vehicle.

5 Downing v. Brown, 935 S.W.2d 112, 114 (Tex.1996).

6 Myers v. Doe, 52 S.W.3d 391, 395-96 (Tex.App.-Fort Worth 2001, pet. denied).

7 Id. at 396.

8 Section 22.0512, Texas Education Code and Section 9.62, Texas Penal Code.

9 Diggs v. Bales, 667 S.W.2d 916, 918 (Tex.App.-Dallas 1984, writ ref ’d n.r.e.).

10 Section 37.0011, Texas Education Code.

11 Section 22.052, Texas Education Code.

12 Section 22.0515, Texas Education Code 1 2

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A WORLD OF OPPORTUNITY IN TEXAS | 2024 TCTA ANNUAL MEETING

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JOIN US IN SAN ANTONIO ON FEB. 16-17 We’ve got your passport to explore A World of Opportunity in Texas at TCTA’s 2024 Annual Meeting on Feb. 16-17 at the Hyatt Regency Hill Country Resort & Spa in San Antonio. Registration is free, but members are responsible for their own travel costs. We begin with continuing professional education sessions on Friday, Feb. 16: • 10 to 11:30 a.m.: CPE Session 1: Addressing the Increase of Anxiety and Stress in Our Youth presented

by Brandalyn Haggerty, 1.5 hours CPE credit • 1:30 to 3 p.m.: CPE Session 2: Reaching Diverse Learners and De-escalation Strategies for Students with Challenging Behaviors presented by Rebecca E. Lopez, 1.5 hours CPE credit • 3:30 to 5 p.m.: CPE Session 3: TCTA Legal Q&A presented by TCTA staff attorneys, 1.5 hours CPE credit.

On Saturday, Feb. 17, delegates to the Representative Assembly will elect statewide officers for 2024 during the

meeting. Revisions to TCTA governance documents also were submitted by the Nov. 19 deadline and will be included on the ballot. These changes will be published no less than 30 days prior to the annual meeting, along with explanatory material, and will be discussed by the RA prior to voting.

Executive Board positions on the ballot this year include President-Elect, Budget chair, Curriculum & Instruction chair and Teacher Personal Services 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 proportional to TCTA’s full membership.

The candidates on pages 29 and 30 declared their intent to run by Nov. 19, 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. 17.

Find more information and links to registration and hotel reservations at TCTA.ORG/CONVENTION.

Online registration, including discounted hotel rates, ends Jan. 25.

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tcta.org | 888-879-8282

VIVIAN BURLESON PRESIDENT-ELECT

TCTA MEMBER FOR 17 YEARS CURRENT JOB: Gifted and Talented Testing Coordinator, Northside ISD EDUCATION: Master of Education, Our Lady of the Lake University; Bachelor of Arts in Performance Studies, University of Mary Hardin-Baylor CERTIFICATIONS HELD: EC-4 Generalist, 4-8 Science, and supplemental EC-8 Gifted and Talented PREVIOUS TCTA LEADERSHIP: Budget Committee Chair, District 20 director, faculty representative for Northside CTA OTHER EDUCATION LEADERSHIP: Testified on behalf of Texas teachers to the Texas House Select Committee on Educational Opportunity and Enrichment, Summer 2023 AWARDS/HONORS: Texas Regional Collaborative for Excellence in Science and Math Education award, 2015 CANDIDATE STATEMENT: I am running for President-Elect because I believe that staying active in supporting TCTA is important. The work that TCTA does on behalf of Texas educators is critical, and I feel called to help that work in any way possible. In a world where being an educator is becoming more and more challenging, we need strong organizational leadership on our side. As President-Elect, I would work with TCTA staff to ensure that our members’ rights and best interests are well represented and protected. I believe in TCTA’s vision for Texas educators, and would be honored to help make that vision a reality by serving as your President-Elect.

TOMMY EVANS

BUDGET COMMITTEE CHAIR TCTA MEMBER FOR 22 YEARS CURRENT JOB: Art educator, specializing in High School Art 1, AP Sculpture, Art 2 Photography Honors, Art 3 Photo Honors and AP Photo and 2D Design, Abilene High School, Abilene ISD EDUCATION: Bachelor of Fine Arts, Texas Tech 1992; Master of Fine Art (Doctoral Equivalent), University of Oklahoma, 1995; Texas teacher certification, Midwestern State University, 2004 CERTIFICATIONS HELD: Art 6-12, SBEC Technology Education 2007, Technology Applications PREVIOUS TCTA LEADERSHIP: District 14 director; Abilene CTA vice president and faculty representative OTHER EDUCATION LEADERSHIP: Key Club Sponsor 2002-2005, NAHS Sponsor 2005-2023, Art Department Head Hirschi High School 2016-18, Team Leader 2023, Member Texas Art Education Association, Member National Art Association, Member Texas Community College Teachers Association, Member College Art Association AWARDS/HONORS: Teacher of the Year 2010, secondary semi-finalist, Wichita Falls ISD; Teacher of the Year 2007, Secondary nominee, WFISD; DonorsChoose.org grant for innovative teaching in 2009, 2010, 2011; IDEA grant for innovative teaching, “Dog Songs: Arts and Literary Magazine,” 2003; Grant writing team member for the Magnet Schools of America Grant 2005-2006, awarded to Hirschi IB Math-Science Magnet High School; West Foundation Summer Arts grant in 2009, 2012, 2015; Title V Innovative Ideas Grant author, “Creative Literacy” student magazine in 2007, 2011; Bracken Grant award winner for Teaching Excellence-Reading Excellence 2015 CANDIDATE STATEMENT: I wish to serve as Budget Committee chair for the TCTA Executive Board to continue the great tradition of fiscal responsibility of our organization. I have been a member since 2002. I have been active in leadership since 2018 serving Abilene CTA, and District 14 TCTA as campus faculty representative, voting delegate, vice president and director, respectively. In reflection of what I have given in service, I feel now is the time to step up and offer my experience as a seasoned professional to further the cause of our association. We are the best organization that considers and supports real teachers in real classrooms facing real problems and finding real solutions to continue to support caring teachers. I love that we are the “teachers for teachers” organization. My driving motivation to serve is to make education equitable for every student who deserves a qualified, well-supported and caring teacher. I have enjoyed serving my roles in local and regional leadership and wish to strengthen them while making contributions in the area of fiscal responsibility to the Executive Board. I am grateful for the mentoring of others on the board who have encouraged me to step forward. I embrace the pioneer spirit and look forward to the future in the face of so many challenges. We have come so far and yet have so far to go. I will fulfill the duties of the office with fidelity and gratefully appreciate your support when casting your ballot.

Winter 2023-24 | THE CLASSROOM TEACHER 29

CRISTAL ISAACKS

CURRICULUM & INSTRUCTION COMMITTEE CHAIR TCTA MEMBER FOR 36 YEARS CURRENT JOB: Library Coordinator, Levelland ISD EDUCATION: Bachelor of Science in Education, Texas Tech University; Master of Library Science, Texas Woman’s University CERTIFICATIONS HELD: School Librarian EC-12, Elementary Self-Contained 1-8, Elementary Reading 1-8 PREVIOUS TCTA LEADERSHIP: Curriculum & Instruction Committee chair, Legislation Committee chair, Teacher Personal Services Committee chair, Budget Committee chair, Budget Committee member; District 17 director, DCC 17 treasurer; Levelland CTA president, vice president, treasurer and faculty representative OTHER EDUCATION LEADERSHIP: Texas Library Association, Texas School Public Relations Association, Keep Levelland Beautiful Education Committee, Levelland Ambassadors, Progressive Women of Levelland AWARDS/HONORS: Levelland Chamber Ambassador of the Year and Levelland Chamber Education Professional of the Year in 2023 CANDIDATE STATEMENT: I would love to serve you as Curriculum & Instruction Committee chair. I hear your educational concerns, and I will speak up for Texas educators to elected officials at the Capitol. I’m not shy. I have a positive personality and want to work with TCTA’s top-rated education lobby team to ensure that the State Board for Educator Certification, our representatives, our governor and lieutenant governor, and our senators understand that teaching is the most important investment for our country and their future. I will advocate that the Texas TEKS should always reflect what should be learned for success after high school. I will support IEP curriculum so that every student’s learning needs are met. I want to stand up for you, to get the message to these elected officials, about equality in accountability and ratings, as well as stresses added to your daily curriculum and instruction schedule load. I won’t give up on the pay raise you deserve either. I have been honored to be part of the TCTA leadership before and wish to represent you again on the Executive Board as Curriculum & Instruction chair.

MELANIE LOVE HOYT

TEACHER PERSONAL SERVICES COMMITTEE CHAIR TCTA MEMBER FOR 23 YEARS CURRENT JOB: Second-grade teacher at Pottsboro Elementary, Pottsboro ISD EDUCATION: Bachelor of Science in Elementary Education from Southeastern Oklahoma State University CERTIFICATIONS HELD: 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 reelected as Teacher Personal Services Committee chair, I hope to amplify the fun benefits so that all members can get the most out of their membership.

Share your success with us! Were you chosen as your campus Teacher of the 30

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.

PRESIDENT’S MESSAGE Continued from page 2 It is crucial, now more than ever, to advocate for our profession and our students. We are working in the trenches.

We must be involved and give legislators feedback on education bills. Remember that laws can be enacted, amended or repealed. Legislation not only impacts our job today; it impacts our retirement as well.

Let’s work together to regain the respect that teachers deserve now and in retirement. We must take action to improve the profession not only for

ourselves, but for those who taught before us and for the next generation of teachers.

I do consider myself blessed. I have had some pretty amazing teachers. My absolute favorite was Ms. May. I looked forward to sixth period because it was unlike any class I had ever had. She didn’t just teach Texas history, she transported us to another time as if we had our very own Texan Magic School Bus! I also remember seeing the pictures on her shelf. There were beautiful family pictures of camping, fishing and riding horses. But one stood out: Ms. May with

two other teachers at the State Capitol.

I don’t know why they were there, but I remember thinking that she must be advocating for students. It makes sense now. She was able to give so much to us because she was able to reset and recharge.

As you enter your classroom, take a moment to recognize that what you do each day changes the world. The teacher with the power to inspire is you.

Remember to restore yourself!

the right direction, they came up short in covering price increases and some annuitants were unfairly left out.

According to state law, increases to annuities under TRS require an action by the legislature. Most other teacher retirement systems across the U.S. have an automatic system or less stringent process for providing cost-of-living adjustments to retired educators. These adjustments are particularly important for the 96% of public school employees who do not participate in Social Security while teaching. Furthermore, employer

contribution rates within TRS are among the lowest in the nation, exacerbating the situation.

There is still work to do. Retired teachers cannot afford to wait another 20 years for a cost-of-living increase.

Retirees continue to be impacted harshly by inflation, often making difficult decisions about food and medicine and other necessities. A top priority of TCTA is to protect and improve the retirement security of all Texas teachers. We will continue to push in the future for the benefits that you deserve and earned.

TCTA 2023-24 State President Nydia Alvarez-Alonzo teaches in Mission CISD.

PLANNING AHEAD Continued from page 10 “countable income.” If you think this may impact your ability to qualify for Medicaid, we recommend you contact your local Medicaid office.

Moving forward

Throughout the legislative process, TCTA pushed for robust benefit enhancements based on inflation so that all retired educators could retain their purchasing power. Though the stipends and COLAs are a very positive step in

U.S. Postal Service Statement of Ownership, Management and Circulation* Publication Title: The Classroom Teacher Publication Number: 815620 Filing Date: Sept. 25, 2023 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; Ann Fickel (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

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1. Mailed Outside-County Paid Subscriptions: 0 2. Mailed In-County Paid Subscriptions: 0 3. Paid Distribution Outside the Mails: 0 4. Paid Distribution by Other Classes of Mail Through USPS: 0 c. Total Paid Distribution: 0 d. Free or Nominal Rate Distribution 1. Outside-County: 24,727 2. In-County: 0 3. Mailed at Other Classes Through the USPS: 200 4. Outside the Mail: 0 e. Total Free or Nominal Rate Distribution: 24,927 f. Total Distribution: 24,927 g. Copies Not Distributed: 73 h. Total: 25,000 i. Percent Paid: 0% 16. Total Circulation Includes Electronic Copies: No 17. Publication of Statement of Ownership: Winter 2023 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).

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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, 2024.) 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.