Fresh Faces, Old Problems
NEW TEXAS LAWMAKERS MARCH INTO DECADES-OLD BATTLES IN 2025 SESSION, INCLUDING FIGHT FOR MORE FUNDING FOR PUBLIC SCHOOLS PLUS: A HISTORIC VICTORY FOR TEACHERS AS CONGRESS REPEALS THE WEP AND GPO
PRESIDENT’S MESSAGE
When times are tough, remember your why
This is my 38th year to teach and people always ask me, “How have you lasted so long?” or “Why haven’t you retired yet?” The answer is, I love my job. Do I love everything about my job? Definitely not! Has it gotten harder? Absolutely! But when the tardy bell rings and I close the door and it is just me and my students, it is wonderful. I love the kids. Do they annoy me some days? Sure, but I still love them. And I enjoy seeing them learn and grow.
This has been a rough year for me. Earlier this year, I had to fight for my job. The situation upset me so much that I said, “I’m done. I’m going to retire this year.”
Instead, I called TCTA and one of the staff attorneys helped me navigate a very stressful situation.
While waiting to hear back from the superintendent to resolve the situation, I tried to relax by watching some college football, but the worry and concern for my future in the classroom was lurking in the background.
One Saturday, I ran to Wingstop to pick up food between football games. When I walked in, several of my students were there. They were all dressed up for the homecoming dance. They waved and said hi and I walked out of there a little happier. I got in my car and thought, “That is why I do this job.”
Fortunately, with TCTA’s guidance, the issue was resolved positively, and the district is going to make some changes. The experience also reminded me of how much I love seeing my students, both current and past, around town. It really does help to take time to remember why you do what you do, especially when a situation is stressing you out.
When you’re struggling, I hope you can remember and use these suggestions: Remember the kids. Know that you are making an impact, even if you can’t see it right now.
A few years ago, I was eating dinner at a restaurant and a gentleman came up to me. He said, “If I tell you my name you will remember me, because you had to say my name every day.”
When he told me his name, I did remember him. He was correct, I think I had to tell him every day to sit down, keep his hands to himself, etc. But he turned out well. He told me about his life now, then he motioned his wife and son to come over and introduced me to them.
The first day of school this year, I was standing at my door meeting my new firstperiod students and one girl told me that she had heard a lot about me. She is the sister of a former student and she told me how much he liked me and my class.
I have been at Sherman High School for 26 years, so I am now teaching the children of many former students, which is fun. A couple of years ago, my students were working on their assignment and one of the girls started tapping her chin with her pencil while she was thinking. I was instantly transported back 20 years to her mother doing the same thing. I had forgotten all about that until then.
Don’t live in the negative. It is OK to visit, just don’t stay there. Having a friend to vent to can help, but then you need to move on. If the people in the teacher’s lounge at lunch are all negative all the time, find somewhere else to eat.
Pick your battles. There are things that I used to insist on that I no longer do, because I realized they were not really that important and all I was doing was making
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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
2024-25
Board of Directors
President
Melody Young, Sherman President-Elect
Vivian Burleson, Northside
Immediate Past President
Nydia Alvarez-Alonzo, Mission
Budget
Thomas Evans, Abilene Curriculum & Instruction
Cristal Isaacks, Levelland Governance
Jennifer Hutchinson, San Marcos
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
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 Tynes
Professional Development and Advocacy
Holly Eaton
Services Corporation
Jan Lanfear
Contract Attorneys
Lindsay Gustafson
Gerald Francisco
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.
Fresh Faces, Old Problems
14
On the Cover Fresh Faces, Old Problems
The Texas Capitol will welcome dozens of new faces in January after a contentious primary and general election season. But Texas educators are facing many of the same issues: the lingering effects of COVID on student behavior and academics, increasing professional responsibilities paired with decreasing administrative support, and stagnant pay. With state leaders citing school vouchers as a top priority, TCTA is preparing to fight an ongoing battle to secure more funds for public schools.
FEATURES
Congress gives teachers a huge
Nine TCTA members were honored as 2025 Regional Teachers of the Year. Meet three in this issue and learn what motivates and inspires them. The others will be featured in the spring issue of The Classroom Teacher.
Interact with TCTA members and staff, earn up to 4.5 hours of continuing professional education credit, elect statewide leaders, visit the Capitol and conduct TCTA business during the 2025 Convention & Capitol Visit at the AT&T Hotel and Conference Center in Austin.
are not necessarily those of the publisher. Copyright © 2024. 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.
TCTA secures SBEC changes to educator disciplinary rules
The State Board for Educator Certification (SBEC) voted to approve proposed revisions to its disciplinary rules at its Dec. 6 meeting. Those rules govern the circumstances under which an educator may be subject to sanctions and also outline the procedures the SBEC must follow when investigating and potentially imposing a sanction on an educator’s certification.
The SBEC staff conducted stakeholder meetings prior to drafting rules to present to the board for discussion. TCTA participated in those stakeholder meetings and testified before the board when it discussed the proposed revisions.
Several of the proposed changes to rules regarding notification, grooming and testing incorporated suggestions from TCTA, and ultimately, the board agreed with TCTA that language in the rules requiring educators to apply for medical leave, if eligible, before resigning for purposes of establishing good cause to abandon a contract should be eliminated as an unworkable hardship on educators.
The proposed rules do not take effect until they have been finally adopted by SBEC and approved by the State Board of Education. TCTA will continue to work with the SBEC and its staff to ensure that the proposed rules balance the need to impose sanctions on educators who subject students to harm with adequate protections for teachers who wish to develop a compassionate and nurturing learning environment. Read more at https://tinyurl.com/yb5ket3c.
Special education certification exam changes in September
Aug. 31, 2025, is the last day candidates can take the current special education EC-12 certification exam (161) and the special education supplemental exam (163) before they are replaced by the Special Education Specialist EC-12 certification exam (186) on Sept. 2, 2025.
TEA released the framework and a one-pager on implementation of the new Special Education Specialist EC-12 exam in September.
More preparation materials will be released in spring 2025, with practice tests available by summer. Learn more at https://tinyurl.com/3dr55fnx
TRS pension fund and health programs on solid footing
In December, the TRS Board of Trustees held its final quarterly meeting of the year, which included updates on the health of the pension fund. In 2024, the total economic benefit to Texas of the TRS annuity and health care programs is estimated to be $46.8 billion.
SBEC approves TCTA’s suggestions for rules regarding special education content competency
In other action at December’s meeting, TCTA convinced SBEC members to approve rule language that grandfathers current special education teachers who have demonstrated content competency via HOUSSE from recertifying under the state’s new mechanism.
SBEC agreed after TCTA warned that without this explicit language, the rule would be insufficient to give educators notice that not all educators must complete all of the substantive requirements of the new worksheet.
Additionally, TCTA testified that we support the new worksheet, called the Texas Content Competency Worksheet for Special Education Teachers of Record, and thanked TEA staff for working with TCTA and other stakeholders to incorporate our suggestions for ensuring that the new worksheet requirements for demonstrating content competency are meaningful but flexible in order to best support special educators and the students they teach.
SBEC members responded positively to TCTA’s testimony and directed TEA to use TCTA’s preferred rule language. SBEC also voted to send the proposal to the State Board of Education for final approval.
Read more at https://tinyurl.com/5a8d56wh
While employer contributions toward retirement for teachers in Texas are among the lowest when compared nationally, the TRS pension fund’s market returns averaged 12.7% in 2024, putting it in a solid position.
Both the significant economic impact of the pension and health programs to the state and the good health of the pension fund will be helpful as TCTA continues to work with legislators to advocate for additional investment in health care for active teachers and increased pensions for retired educators during the upcoming 2025 legislative session.
Read more at https://tinyurl.com/yyp88dsa
Eligible retirees can enroll in TRS-Care Medicare Advantage
If you’re a Medicare-eligible TRS retiree, you may benefit from TRS’ limited-time enrollment opportunity in TRS-Care Medicare Advantage.
This is a chance to reenroll or enroll for the first time in the TRS-Care Medicare Advantage plan featuring new, lower premiums. The special enrollment period began in October and ends March 31, 2026. Learn more at https://www.trs. texas.gov/Pages/enrollment_opportunity.aspx
SBOE approves list of high-quality instructional materials
In an 8-7 vote, the State Board of Education approved a comprehensive list of K-12 instructional materials during its November meeting in Austin.
The list of high-quality instructional materials (HQIM) includes K-5 English language arts and reading and Spanish language arts and reading, K-3 English and Spanish phonics, and K-12 mathematics. Go to https://tinyurl.com/3dfwekpw to view the lists of approved and rejected materials.
As directed by House Bill 1605 in 2023, the materials were created for statewide use and are designed to support educators and improve student academic outcomes while maintaining alignment with the Texas Essential Knowledge and Skills.
Items on the approved list will be optional resources for Texas school systems beginning in the 2025-26 school year. Districts will be entitled to an additional $40 per student, per year, to purchase any materials on the state’s HQIM list.
School systems have access to an additional $20 per student, per year, if they choose to order printed copies of the Bluebonnet Learning materials that were approved for inclusion on the list.
Bluebonnet Learning, the name given to the open-resource curriculum created for the Texas Education Agency, had been criticized for its many Biblical references, from stories about King Solomon to Jesus’ Sermon on the Mount. Critics said the materials touted Christianity over other religions. Through the months-long process of reviewing materials, TEA said its
materials were revised to account for many of the comments it received.
In other action at the November meeting, SBOE members said they wanted more control over determining whether school library books are considered sexually explicit or not.
Ten of the 15 members on the board voted to call on the Texas Legislature to pass a state law granting them authority to determine what books are appropriate for school-age children. Local school districts currently manage that process.
The next SBOE meeting is Jan. 28-31.
IN MEMORIAM | JERI STONE
Aug. 10, 1954 to Nov. 26, 2024
Former TCTA Executive Director Jeri Stone passed away peacefully in her sleep on Nov. 26, 2024, at the age of 70 in West Lake Hills, Texas, surrounded by loving family at her home after a recent cancer diagnosis.
Stone started working for the Texas Classroom Teachers Association in 1978, where she quickly distinguished herself as a brilliant writer, attorney and lobbyist, and became Executive Director in 1985, a post she held until her retirement.
Through over four decades working at TCTA, Stone worked tirelessly to improve working conditions for public school teachers across the state of Texas.
During her career, she met with countless legislators and several different Texas governors and education commissioners to advocate for public education, displaying the utmost professionalism and passion. Her dedication to her work led to many coworkers becoming close friends and family.
Stone is survived by her husband, Lonnie Floyd Hollingsworth Jr., her son Lonnie Floyd Hollingsworth III, her son Dr. Allen
Stone Hollingsworth and his wife, Kaitlin Hollingsworth, and her daughter Barrett Jean Hollingsworth.
Those who knew Jeri will desperately miss the boundless warmth and fun she brought to this world.
Explaining TCTA’s leadership structure
During TCTA’s 2025 Convention, delegates will vote for members to serve on TCTA’s Board of Directors and Advisory Council. These state leaders help represent members’ views and interests and guide TCTA staff throughout the year.
While members should always call TCTA directly on legal matters, state, regional and local officers are valuable points of contact, especially during membership recruitment season.
STATEWIDE LEADERS
The elected leadership on the Board of Directors work directly with TCTA Executive Director Ann Fickel and represent members statewide. Those eligible to serve on the Board must be Active-level members for at least four years. Elections are held every year for president-elect, and that person serves three years — as president-elect, president and immediate past president. The other seven seats are two-year positions, with Governance, Legislation, Membership and Professional Rights & Responsibilities directors elected in oddnumbered years. Budget, Curriculum & Instruction and Teacher Personal Services directors are elected in even-numbered years.
TCTA also has an Advisory Council. Each district elects an Active-level member to serve on the Council for a two-year term to represent members in their region. Even-numbered districts elect members in even years and odd-numbered district elect members in odd years. At this year’s convention, odd-numbered districts will hold elections during District Coordinating Council meetings to select their councilmember for the 2025-27 term. A councilmember can serve two consecutive terms on the Advisory Council.
TCTA Bylaws provide that ethnic-minority members must comprise at least the same percent of the Advisory Council as exists in the membership of TCTA, and the Representative Assembly elects councilmembers-at-large as needed to ensure representation on the Advisory Council. You can find a list of TCTA’s current leadership online at tcta.org/about-us/tctaleadership and see pages 28-30 for more on the candidates seeking positions on the Board of Directors in 2025.
DISTRICT/REGION LEADERS
TCTA’s District Coordinating Councils help with regional organization. Members of local affiliates in each region elect
REPRESENTATIVE ASSEMBLY
BOARD OF DIRECTORS
ADVISORY COUNCIL
DISTRICT COORDINATING COUNCILS
LOCAL AFFILIATES
MEMBERSAT-LARGE
DCC officers who meet to discuss membership recruitment, teacher issues and more. Each DCC has its own governance documents and elects its representative on the Advisory Council.
LOCAL LEADERS
Members in more than 130 school districts have created local affiliates, creating governance documents and local officers to support members and recruitment efforts. Local affiliate officers and campus faculty representatives also help keep TCTA staff informed about members’ concerns and issues. Most local affiliates collect local dues (set by each local CTA, but typically ranging from $5 to $20 per year) to support activities and programs, such as scholarships or meetings, and to send members to TCTA’s annual convention to serve as delegates of the Representative Assembly, which is TCTA’s highest governing body. Serving as a delegate is the most direct way members can provide input into TCTA governance and policy positions. Attending the convention also is a great way to see how the various levels of TCTA leadership intertwine.
Since TCTA accepts members in every district in Texas, those without local affiliates are considered members-atlarge. Members in MAL districts can serve as campus faculty representatives to help TCTA with recruitment efforts. They also can serve as delegates to the Representative Assembly.
If you’d like to get more involved, reach out to TCTA’s Membership Department or go to tcta.org/membership/ get-involved to learn more.
ARE YOU GETTING EUPDATE AND OTHER EMAILS FROM TCTA?
Make sure we have your current email address. We prefer personal email addresses instead of school emails to ensure communications stay confidential. Log in to your member record at members.tcta.org and update your information or call the Membership Department at 888-8798282 and we’ll be happy to help.
If your email is correct and 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 so eUpdate from TCTA isn’t blocked.
If you still don’t see our emails, resubscribe at tcta.org/ eupdate. Follow the instructions and verify your email with Constant Contact to ensure you’re added to the list.
Requesting accommodations under ADA
The Americans with Disabilities Act (ADA) is a federal law that forbids an employer from discriminating against a qualified individual with a disability based on that disability. The ADA also requires an employer to make reasonable accommodations to the known physical or mental limitations of an otherwise qualified individual with a disability.
What is a disability?
Under the ADA, disabilities include:
• Cancer
• Diabetes
• Post-traumatic stress disorder
• HIV
• Autism
• Cerebral palsy
• Deafness or hearing loss
• Blindness or low vision
• Epilepsy
• Mobility disabilities such as those requiring the use of a wheelchair, walker or cane
• Intellectual disabilities
• Major depressive disorder
• Traumatic brain injury
However, this is not an exhaustive list of all disabilities under the ADA that may qualify for reasonable accommodations.
The ADA defines a disability as a mental and physical impairment that substantially limits one or more of the major life activities of an individual. Examples of major life activities include:
• Caring for oneself
• Performing manual tasks
• Seeing
• Hearing
• Eating
• Sleeping
• Walking
• Standing or sitting
• Reaching
• Lifting
• Bending
• Speaking
• Breathing
• Learning
• Reading
• Concentrating
• Thinking
• Communicating
• Interacting with others
• Working
Therefore, if you have a physical or mental impairment that substantially limits your ability to perform major life activities, you may have a disability under the ADA and qualify for accommodations.
Am I a “qualified individual”?
To be entitled to a reasonable accommodation under the ADA, an employee must be “qualified” for the job they perform. A qualified individual with a disability is defined as a person who meets legitimate skill, experience, education, or other requirements of an employment position that he or she holds or seeks, and who can perform the “essential functions” of the position with or without reasonable accommodation. The district is not required to accommodate your disability if you are unable to perform the essential functions of your job with or without a reasonable accommodation.
What is a reasonable accommodation?
Reasonable accommodations are any changes or adjustments in a job or working environment that allow an employee to perform the essential functions of the job or to enjoy benefits and privileges of employment equal to
those without a disability. Some common accommodations may include acquiring or modifying equipment or devices, adjusting training materials or policies, providing readers or interpreters, and making the workplace readily accessible and usable by people with disabilities. Some common accommodations in schools include:
• Assigning an employee with limited mobility a classroom closest to the employee parking lot
• Granting a diabetic employee frequent breaks throughout the day to check glucose levels
• Restricting the amount of weight an employee can lift
• Reassigning an employee with physical or mental impairments to another comparable position
The law does not require that an employer grant an employee’s preferred accommodation. The ADA only requires the employer to provide the employee with an accommodation sufficient to meet the job-related needs of the employee.
How do I request reasonable accommodations?
Many districts have risk management or human resources departments that handle accommodation requests. To
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Huge victory for teachers as Congress repeals WEP/GPO
In the final hour of the 118th Congress, the U.S. Senate delivered an early Christmas present to teachers, passing the Social Security Fairness Act (H.R. 82) to repeal the Windfall Elimination Provision (WEP) and Government Pension Offset (GPO) that limit Social Security benefits for public servants. The 76-20 vote early Dec. 21 gave public school educators, police officers, firefighters and other public sector employees a victory after more than four decades of trying to repeal the WEP and GPO.
Legislation to repeal the WEP and GPO has been reintroduced each Congress for decades but had not received a vote in either chamber until this year. The bill was sent to President Joe Biden for his signature just before the Senate recessed for the year after also passing a continuing resolution to fund the government through March 14 and averting a shutdown.
While some Republicans objected to H.R. 82’s nearly $200 billion price tag, senators easily defeated four proposed amendments, ultimately passing the same version of the bill that garnered broad bipartisan support in the U.S. House of Representatives, which approved it 327-75 in mid-November. The two Texas senators were divided on the issue, with Sen. John Cornyn voting for the bill and Sen. Ted Cruz voting against. In the U.S. House, 28 of the 37 members of the Texas delegation voted for the bill.
With final passage, retired educators with a TRS pension who also receive Social Security benefits from other jobs or as surviving spouses, or whose survivor benefits were eliminated by the GPO, will benefit from the legislation. The Congressional Budget Office estimated more than 273,000 Texans are impacted by the repeals: 57,455 had been penalized by the GPO, 169,678 by the WEP and 46,021 by both.
H.R. 82 should take effect early in 2025, increasing benefits payable for January 2024 and later. The CBO expects the higher benefits owed for the months before enactment will be paid retroactively mostly in fiscal year 2025, with some paid in fiscal year 2026. A specific date is not yet available, as
benefits will need to be recalculated for millions of affected employees before the revised benefits are paid.
Incoming 119th Congress
Following the November elections, Republicans have secured majorities in both chambers. In the Senate, they hold a 53-47 advantage. In the House, they hold a slim 220-215 majority. Two House Republican members have been nominated for positions in the Trump administration and one member resigned, which will result in temporary vacancies and further narrow their advantage and ability to move legislation during the first 100 days of the 119th session.
If all House Democrats vote against a GOP piece of legislation and one Republican breaks from the party, the final tally would be 216-216, both a tie and a loss in the lower chamber. This margin in party membership gives outsized power to each House Republican, enabling them to force individual negotiations with leadership.
With the Republicans leading the House, Senate and White House for the next two years, two legislative tools become important: Reconciliation and the Congressional Review Act.
Reconciliation
The Congressional Budget Act of 1974 established “reconciliation,” which is an expedited consideration of tax, spending and debt limit legislation favoring the majority party’s policies. Under the process, the House and Senate must first pass a budget resolution that includes instructions to certain committees for them to prepare
and report legislation that does one or more of the following:
• increases or decreases mandatory spending (outlays) by specified amounts over a specified time;
• increases or decreases revenues by specified amounts over a specified time; or
• modifies the public debt limit.
Discretionary spending subject to the regular appropriations process — such as annual funding for the Departments of Education and Defense — cannot be included in the reconciliation process. If the House and Senate pass their respective reconciliation bills, then the differences are merged into a conference bill that is subsequently considered by both bodies and, if adopted, sent to the president.
Reconciliation has been used in recent years to pass the Tax Cuts and Jobs Act of 2017 (Trump), the American Rescue Plan of 2021 (Biden), and the Inflation Reduction Act of 2022 (Biden).
It is important to note that the process can be challenging for the majority party, particularly with expected narrow majorities. Every vote becomes important — even those of the most junior members — and thus requires some legislative balancing on issues within their conference. This difficulty was demonstrated repeatedly in the past year, as House Republicans struggled to bring bills to the floor that could pass without any votes from Democrats, given their razor-thin majority.
Congressional Review Act
Republicans will also have the ability to overturn certain Biden administration regulations using the Congressional Review Act. The CRA enables a new Congress to overturn federal regulations issued in the last days of the previous administration. Timing is important. CRA resolutions of disapproval need to be introduced within 60 legislative days of the rule being published in the Federal Register. For the 119th Congress, we can assume any final rule published in
After the historic passage of the Social Security Fairness Act to repeal the Windfall
Elimination Provision
and the
Government Pension Offset,
the Congressional Budget Office expects retirees owed higher benefits will begin seeing bigger Social Security checks early in 2025. The increase will be retroactive to January 2024.
the Federal Register after Aug. 1, 2024, would be eligible to have a resolution of disapproval filed against it and CRA resolutions of disapproval could likely be filed until mid-March 2025.
Not only can the CRA be used to block recently completed rules and regulations or undo the rule or regulation at issue, it also can prevent federal agencies from issuing a “substantially similar” rule or regulation in the future. As a result, use of the CRA has the potential to change the immediate trajectory of a rule or regulation, as well as raise a lasting regulatory barrier.
The CRA has successfully been used to overturn 20 rules in the past 20 years, a small percentage of the overall attempts. The Trump administration will look to leverage these two procedural tools to claw back federal funding and retract regulations enacted by the Biden administration.
Trump administration
Leading up to the election, Presidentelect Donald Trump had promised to take drastic action on education policies. He vowed to end diversity, equity and inclusion efforts, eliminate the U.S. Department of Education, penalize institutions that failed to address
antisemitism activities, restructure accreditation standards, and increase the tax on college endowments.
As for eliminating the Education Department, dismantling would be a more accurate description, as programs potentially could be transferred across the departments of Interior, Treasury, Health and Human Services, Labor and State. For example, initiatives supporting Native Americans could transfer to the Interior Department, various student loan and Pell Grant programs could transfer to Treasury, programs supporting special education and disabled children could move to Health and Human Services, efforts to fund vocational and career programs would shift to the Labor Department, the Office of Civil Rights could move under the direction of the Department of Justice, the Fulbright-Hays Program could fall under the State Department, and federal K-12 funding could be sent directly to states as block grants. Not all federal education programs could be reassigned as they lack a linkage — such as teacher preparation, initiatives for economically disadvantaged students, and work-study programs.
In describing these various approaches and tools the new
administration could use to advance its education policies, implementation would be limited by authority and congressional approval. What K-12 proposals could advance? The likeliest scenario is a school choice effort funded through a tax-credit program to organizations that provide scholarships to elementary and secondary school students. The president can also use executive orders to limit federal oversight and reverse student discipline guidance, by example.
The Trump administration may seek to increase charter school funding and remove regulations that the Biden administration imposed on the sector.
Higher education targets include canceling student loan regulations that would forgive student loan debts, restrictions on federal research funding to institutions under civil rights investigations, a broadening of institutions subject to endowment taxes, and new Title IX executive orders.
We will keep a close eye on what transpires as the Trump administration takes office in January.
This article is provided by Van Scoyoc Associates, TCTA’s retained lobby firm in Washington, D.C.
Taking a break from teaching? Consider this first.
Teaching is often a very rewarding profession. It can bring personal fulfillment and satisfaction as you foster growth and development of your students. Teaching can also impart a sense of purpose and meaning. Each day presents an opportunity to contribute to something greater than yourself — the education and well-being of future generations. Though there are numerous benefits to teaching, you may find yourself in a situation where you need to consider taking a break. Many school employees take a career break for a variety of reasons: physical or mental health issues, maternity leave, caring for a relative, a move to another area, or sometimes just to evaluate whether to continue in the profession. Regardless of the reason, there will be decisions to make and some very important issues to consider. In this article, we will delve into some of them.
Can I take a break from teaching without any penalties related to my contract, benefits or certification?
A Texas teacher looking to take a break from teaching should consult their school district to properly resign from their contract, ideally at least 45 days before the start of the school year to avoid potential penalties like a suspension of your teaching certificate, which could occur if you leave mid-contract without good cause; you should also consider your Teacher Retirement System (TRS) benefits to ensure your break doesn’t negatively impact your retirement plan.
Key points to remember:
• Resignation time frame: To avoid penalties, a teacher should resign at least 45 days before the first day of school.
• Contract abandonment: Leaving a teaching position without proper notice could be considered “contract abandonment” and result in a suspension of the teaching certificate.
• Valid reasons for leaving: Circumstances like serious health issues, family relocation, or a spouse’s job change could be considered valid reasons (good cause) for leaving mid-contract.
• Consult with TRS: Before taking a break, discuss your plans with TRS to understand how it might affect your retirement benefits and health care eligibility.
Current members may also call 888879-8282 to consult with a TCTA staff attorney before making a decision.
I may need to leave the classroom for a year or two. How is that going
to affect my retirement?
Don’t pull your money out of TRS if it’s not absolutely necessary. One of the most potentially harmful decisions school employees make is taking their money out of TRS. The temptation is understandable because it can be so difficult to save money on a teacher’s pay. But often this is a costly mistake, for multiple reasons.
Your retirement eligibility may change. When you return to school employment and start contributing to TRS again after withdrawing your money, you are treated as a brand-new member of the system even if you buy back the credit you withdrew. If you had been
“grandfathered” into previous retirement eligibility laws, you lose that exemption and will be subject to stricter retirement criteria.
Example: Employees who had at least five years of service credit in TRS by the end of August 2014 were exempted from the new law that requires employees to be at least age 62 at retirement to receive full benefits. Employees hired after that date — or those who withdrew their TRS funds and returned after that date — are subject to the age 62 requirement. There are other laws and grandfather provisions to which this applies as well, depending on your age and years of service as of
Continued on page 31
Inspired to Make an Impact
ERICK MORIN CHOOSES TEACHING TO HELP STUDENTS GROW
“Education is a kindling of a flame, not the filling of a vessel.” The quote attributed to Socrates inspired Erick Morin to become a teacher. As a philosophy major in college, he wanted a career where he could make an impact.
“I knew by becoming an educator I would have the opportunity to empower the youth by engaging in conversations and sharing ideas, with the hope that their quest for knowledge would always burn brightly,” he said.
Morin has definitely made an impact in nearly 11 years in the classroom. The middle school reading and language arts teacher in McAllen ISD was named Region 1’s Secondary Teacher of the Year. While grateful for the recognition, he said, “Being a regional teacher of the year means my students get the recognition they deserve, for they are my motivation to be the best I can be.”
He works at McAllen’s Instruction and Guidance Center, a campus where students are sent when referred to a disciplinary alternative education program.
Morin believes students should be able to express themselves as they engage in lessons.
“Bonding with my students is by far what I love the most about teaching,” he said. “It is being able to go beyond the teacher-student dynamic and learn about their interests and what is important to them, while also sharing more about myself in return.
“Exploring different ideas during lessons is what keeps me going. I find the moments when my students and I get sidetracked during a reading or lesson are the most memorable and enjoyable.”
Over the years, Morin has learned the importance of keeping an open mind, and said being flexible helps him tackle any challenges that come his way.
“Seneca said, ‘No man is more unhappy than he who never faces adversity. For he is not permitted to prove himself.’ In challenging times, I have the opportunity to grow, and this mindset is what allows me to keep pushing myself in moments of stress,” Morin said.
Morin encourages other educators to spend time getting to know their students. “Make a connection with them by thinking outside the box when creating a lesson,” he said. “Also, have their voice be an important aspect of learning.
ERICK MORIN
“I am grateful that I have been given the opportunity to become an educator who inspires my students and for my efforts to be recognized.”
2025 Region 1 Secondary Teacher of the Year
Current job: Middle school reading language arts teacher, Instruction and Guidance Center, McAllen ISD TCTA member since 2014
Education: Bachelor’s degree in philosophy, University of Texas Rio Grande Valley; master’s degree in global e-learning, Texas A&M University Commerce
Certifications held: Reading and Language Arts 4-8 and ESL Supplemental
Most students want to feel a personal connection to what they are learning and being able to feel included in the process is beneficial for them and you as an educator.”
MEMBER ACCOLADES: Meet TCTA’s 2025 Regional Teachers of the Year
Nine TCTA members were among the 40 Regional Teachers of the Year for 2025 honored in October through the annual program administered by the Texas Association of School Administrators. The secondary teachers — Erick Morin, Jessica Brink and Deb Pritchard — are featured in this issue. The elementary educators — Brianne Castillo, Diana Smith, JoMeka Gray, Megan Jimenez, Morgan Combs and Kevin Criss — will be featured in the spring issue of The Classroom Teacher
Keep Paying It Forward
JESSICA BRINK STRIVES TO SHOW COMPASSION TO KIDS
Jessica Brink decided to become a teacher when she was in fifth grade.
“I had had a very rough childhood, yet found safety and the space to be myself at school,” she said. “Teachers like my fifth grade teacher and hero Buzz Amble brought me out of my shell. Gay Royer, another school hero, would see when I was hungry and made sure I had an appropriate lunch and an encouraging word or smile. Ms. Brown in high school validated my creativity and pushed me to write.
“These teachers saw me, and I valued their love and vowed to be that same person for other kids who needed to be seen, heard, loved, encouraged and supported,” Brink said.
During 29 years in the classroom, Brink has worked to show compassion for her students. That’s one reason why the Sweeny High School science teacher is the Region 4 Secondary Teacher of the Year.
“Being the regional teacher of the year is a very special honor to me. Through the support of gifted teachers, family, friends and my husband, who is also a teacher, I know I’ve found my passion,” she said.
A transplant from California, Brink’s teaching career began at a small private school where she taught preschool and ran an elementary summer program. She also worked with special populations at the high school level until she moved to Texas in 2006. Her first job in the Lone Star State was teaching middle school history, but she transitioned to science and high school. In Sweeny ISD, she currently teaches honors biology, AP biology, and AP environmental science. She also teaches a dual credit course, serves as the campus UIL academic coordinator and sponsors a STEM-focused student organization called Power Up.
“I love having the opportunity to see students grow academically, socially and emotionally. I feel honored to be able to make a difference and find those special moments to see them discover their bright spots, strengths and passions,” Brink said. “Being an educator gives us an immense insight to see our kids even when they cannot see how amazing they are and can be. Some of those moments lead to huge impact and growth for them and me.”
Knowing she gets to make that impact keeps Brink motivated. “At the end of the day, young people need love and acceptance to grow, and I not only have to be that, I GET to be that. It’s not always easy, but it is my calling.”
She encourages other educators to be flexible and find joy
“We don’t do it for notoriety or wealth, so it is truly amazing to be recognized by your peers for doing what you love.”
2025 Region 4 Secondary Teacher of the Year
Current job: High school science teacher and UIL academic coordinator, Sweeny High School, Sweeny ISD
TCTA member since 2022
Education: Bachelor’s degree in history, Texas Woman’s University; master’s degree in curriculum and instruction with emphasis in secondary sciences, University of Texas at Arlington
Certifications held: Generalist 4-8, Science 4-8, Science Composite 7-12 and ESL Supplemental
in the little things. “Lead with your heart. Continue to grow and hone your craft with knowledge, research and creativity,” she said. “Know that being an educator is not for the faint of heart, it’s a calling and a marathon.”
Share your success with us! Were you chosen as your campus teacher of the year? Did you win an award or receive grant funding? Email communications@tcta.org and tell us about your recognition so we can share it in The Classroom Teacher. You may be one of the next members we feature in the magazine.
JESSICA BRINK
Called to the Classroom
DEB PRITCHARD HELPS STUDENTS GAIN CAREER SKILLS
Deb Pritchard was called to a career in education.
After starting her career in administration at Texas Tech University, she thought her role would be in higher education, but said God led her down a different path.
“Proverbs 16:9 says, ‘A man’s heart plans his way, but the Lord directs his steps.’ My life’s work has followed this course,” Pritchard said.
Leaving Lubbock, she became a teacher in a rural West Texas community, moving to Winters in 1989 after marrying her husband, who is a lifelong rancher and farmer.
“After being an aide and substitute teacher in the Winters and Ballinger ISDs for several years, a former principal called me into the office one day and told me I needed to be teaching,” Pritchard said. “With their encouragement and the financial backing of Winters ISD, I did an alternative certification program with iTeachTexas in 2004-05 and have been teaching for the past 20-plus years.”
Now a business teacher and the dual credit coordinator at Winters High School, she also serves as a grant coordinator and the secondary UIL coordinator. Pritchard is also the Region 15 Secondary Teacher of the Year.
“Having met the other teachers of the year, I am humbled to be among their company,” Pritchard said. “This is a oncein-a-lifetime opportunity, and I have enjoyed sharing my pathway through teaching.”
In her current role, Pritchard loves that she gets to help students navigate the transition from high school to college, the military or the workforce. “I offer real-world experiences to students and teach life skills in conjunction with business English to enable students to become productive members of society following graduation,” she said.
Pritchard connects students with the Big Country community through a variety of career exploration opportunities, practical experience and guest speakers.
“It’s gratifying when a student chases me down after church to tell me they got a job because they wrote a thank you letter after an interview and the other equally qualified candidate did not — a skill I taught them in Business English,” she said. “It’s rewarding when I hear professionals praising my students for the quality of their resumes, the way they dress for a business dinner, or the poise and confidence they possess during an interview. I genuinely enjoy preparing them for life after high school.”
Knowing fewer people feel called to serve, Pritchard hopes she can inspire her students to see the value of community and helping others. She encourages other educators to do the same.
“So much responsibility lies on teachers’ shoulders in the world we live in now. We must give students more than
DEB PRITCHARD
“It is genuinely rewarding to know that someone recognizes the effort I put into teaching and advocating for a well-rounded education, particularly from a small, rural school in West Texas.”
2025 Region 15 Secondary Teacher of the Year
Current job: Business English teacher and dual credit coordinator, Winters High School, Winters ISD
TCTA member since 2006
Education: Bachelor’s degree in journalism, Indiana University; master’s degree in higher education and student affairs, Indiana University; alternative teaching certification, iTeachTexas
Certifications held: ELAR 4-12 and Theatre Arts
paper and pencil — we must build confidence and skills. … Inventor and patriot Benjamin Franklin said, ‘Tell me and I forget, teach me and I remember, involve me and I learn.’ Meet your students where they are. Give them practical experiences and opportunities to understand the real world before they are thrown into it after graduation. Students will thank you — if not now, they’ll return some day or find you through social media and thank you. Because of you, they’ll serve their community and make the world a better place.”
Fresh Faces, Old Problems
NEW TEXAS LAWMAKERS MARCH INTO DECADES-OLD BATTLES IN THE 2025 SESSION
The Texas Capitol will welcome dozens of new faces in January after a contentious primary and general election season.
The narrow defeat of private school vouchers by a coalition of Democrats and rural Republicans and the controversial impeachment trial of Texas Attorney General Ken Paxton placed several Republican state representatives in Gov. Greg Abbott’s crosshairs during primary season, and some opted not to run for reelection. With the results of the November election, 34 new legislators will journey to Austin in January to tackle the state’s most pressing issues.
Republicans firmly control both chambers of the 89th Texas Legislature and will lead the way on major legislation, including the state budget. Last session’s record surplus was mostly spent on property tax relief, and some state legislators have their eyes on this session’s $20 billion surplus for the same purpose. However, with statewide elections approaching in 2026 and with no major increase in education funding since 2019, Abbott and Lt. Gov. Dan Patrick are feeling increased pressure to offer Texas educators support in the upcoming session, which starts Jan. 14.
Abbott and Patrick’s top legislative priority is passing a universal school voucher bill. Despite its dramatic demise at the end of the fourth special session in 2023, they expect that the defeat of several anti-voucher Republicans in the 2024 election cycle will shift the balance in their favor and allow a voucher bill to pass quickly through the House and Senate. Patrick has called on Abbott to declare school vouchers an emergency item, allowing the legislature to pass a bill earlier in the session than is typically allowed. Though with the Texas House poised to elect a new speaker, the lower chamber may get off to a slower start than usual in 2025.
While the fate of any potential voucher legislation has yet to be determined, the fight is certain to be even more contentious than last session. TCTA continues to oppose any policy that diverts state funding away from public education, especially vouchers, which lack transparency and accountability to taxpayers.
Teacher compensation
Texas educators are facing many of the same issues as last session: the lingering effects of COVID on student behavior
and academics, increasing professional responsibilities paired with decreasing administrative support, and stagnant pay.
“Now is the time to make a bold investment in teachers,” said Paige Williams, TCTA’s director of legislation. “Teachers continue to ask the legislature for support and this session is a key opportunity for lawmakers to meaningfully increase teacher compensation and improve working conditions.”
With more teachers leaving public education and those who remain shouldering increasing responsibility, teacher pay is an important factor in retaining experienced teachers and attracting new people to the profession. Each year, TCTA provides analysis to lawmakers comparing teacher pay to increases in overall public education funding. In 2001, teacher salaries accounted for 43.8% of school districts’ per-pupil operating expenditures. As of 2024, that figure has dropped to 34.1%.
If teacher pay had remained in line with increases in school expenditures over that same period, the average teacher salary would have been 15% higher in 2024, lifting the average salary of $62,463 by an additional $9,237.
The fate of any teacher compensation package will likely be tied to potential voucher legislation. Patrick vowed that teacher pay will be a priority after a voucher bill passes, once again entwining the issues to entice anti-voucher legislators to cut a deal. TCTA strongly believes that these are separate issues and, as such, should be addressed in separate bills. We will continue to advocate for increased teacher compensation without any voucher elements attached.
Teacher autonomy
One major piece of education legislation during the 88th Texas Legislature was House Bill 1605, a comprehensive measure that creates a list of state-approved high-quality instructional materials (HQIM) and provides financial incentives for school districts to adopt them. The new law aims to lighten the ever-growing load of teacher responsibilities by providing ready-to-go materials so teachers can spend their time on things other than lesson planning.
TCTA expressed concerns that early drafts of the bill could be construed to prohibit teachers from designing and planning their own lessons and worked with the bill’s author to clarify that language. The final version states that a school
If teacher pay had remained in line with increases in school expenditures, the average teacher salary would have been 15% higher in 2024, lifting the average salary of $62,463 by an additional $9,237.
district may not require a teacher to spend their planning and preparation time creating or selecting instructional materials, but specifies that teachers may still create or select instructional materials during that time if they wish. Additionally, a school district may enter into a supplemental agreement with a teacher if the district wants that teacher to create or select instructional materials beyond what is expected of other teachers and if that duty would take place outside of the instructional day. In another key provision for teachers, HB 1605 states that if a school board adopts instructional materials that come with lesson plans, those lesson plans are enough to satisfy a requirement that teachers provide brief overviews of lessons.
As with many far-reaching bills, implementation created challenges that were not obvious during drafting. Much like HB 4545 from 2021, HB 1605 is certain to attract some “fixer” bills this session to address issues that have emerged.
The most controversial element of HB 1605 is the process through which instructional materials are deemed “highquality” by the State Board of Education. Any publishers that submit materials for review must pass a series of quality and suitability rubrics, then the SBOE votes on whether those materials will be officially added to the HQIM list. In the first
slate of HQIM hopefuls, one set of materials submitted by the Texas Education Agency attracted significant attention for its Biblical references, causing hundreds of people to testify during SBOE meetings in 2024. Some teachers who testified worried that if their school district adopts HQIM and Bluebonnet Learning, in particular, they will be forced to use those materials instead of any lessons they designed themselves. (For more on HQIM, see page 5.)
The SBOE also has oversight over elements of local classroom reviews of instructional materials under HB 1605. Parents and school districts can conduct reviews of materials in a classroom to verify that they are, indeed, the materials a given district has adopted. TEA seems to have made the review process difficult to initiate, but at the SBOE meeting in November, two board members took a keen interest in the process and sought to potentially make the local classroom reviews more invasive for teachers. TCTA is working with TEA staff to ensure that the local classroom review process is respectful of teacher time and autonomy, and that the SBOE does not exceed its authority over the process.
TCTA continues to support policies that protect teachers’ professional discretion and time.
iStockPhoto | aimintang
School discipline
Among the issues that most directly affect teacher turnover is school discipline. Last session saw a comprehensive school safety bill passed in response to the shooting at Robb Elementary School in Uvalde that seeks to harden schools against intruders who would do harm to students and staff. While school security is a critical concern, many teachers’ concerns about safety and order in the classroom have gone unaddressed.
Last session, TCTA worked with Sen. Charles Perry, R-Lubbock, to strengthen the ability of teachers to remove disruptive and dangerous students from the classroom, but that bill died in committee. TCTA plans to revisit the issue in 2025, hoping that there is more political will this session due to the increasing number of teachers citing discipline concerns as a factor in their departure from the profession.
Under current law, each campus in Texas is required to have a staff member assigned as a behavior coordinator. Some campuses hire a person specifically for this role, but most assign this as an additional duty to a campus administrator.
TCTA has advocated for allowing the school safety allotment to be spent on hiring behavior interventionists to work with disruptive students, so that student needs can be immediately addressed instead of diverting a teacher’s attention away from instruction.
On campuses with overworked or unsupportive administrators, sending disruptive students to the office can feel like a revolving door since they arrive back in the classroom minutes later without any consequences. TCTA continues to advocate for policies that support teachers in managing their classrooms and prevent students from avoiding consequences for disruptive behavior.
Making a difference
“For better or worse, every legislative session is critical to the future of public education,” said Ann Fickel, TCTA’s executive director. “Every session, in my experience, has ultimately been an ‘education session.’ As our teacher shortage continues to worsen, more uncertified individuals are in the classroom, and many of the teachers who are toughing it out are overwhelmed with fewer resources and less time to meet the needs of their students. This session needs to be a turning point for public education.”
Members can support TCTA’s advocacy efforts by reaching out to their legislators. Calls to your elected officials can go a long way in shaping opinions, especially for newer state representatives. The issues you face may be old news to you, but for lawmakers new to the Capitol and to the issues facing teachers today, your perspective can give them the push they need to support teachers in the upcoming legislative session.
“Something has to change — fast,” Fickel said. “This session, when the needs are tremendous and the funding is available, has to be a session for positive change in the state’s public education policies.”
Join us Jan. 21 for Tuesdays with TCTA: 2025 Legislative Preview
Members of TCTA’s top-ranked lobby team will present an overview of the 2025 Legislative Session, sharing our legislative priorities and answering members’ questions during the next Tuesdays with TCTA webinar at 6 p.m. Central on Jan. 21. Scan the QR code at right to register and get the Zoom link. Members who attend will earn CPE credit. If you can’t join us live, you’ll be able to watch the replay online beginning Jan. 22 at tcta.org/twt
IN CASE YOU MISSED IT: You can catch up on the entire Tuesdays with TCTA collection of videos that cover legal issues and policies that impact educators. Our fall sessions include:
• Implementing House Bill 1605
• School Safety
• Assault Leave
If you have topic suggestions for webinars in 2025, please email communications@tcta.org to let us know.
iStockPhoto | aimintang
DECLARATIONS TCTA EDUCATORS PROFESSIONAL LIABILITY INSURANCE
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.
ITEM 1. POLICYHOLDER & MAILING ADDRESS
Texas Classroom Teachers Association Services Corporation
700 Guadalupe St. Austin, Texas 78701
ITEM 2. POLICY PERIOD
SCOTTSDALE INSURANCE COMPANY
Home Office: One Nationwide Plaza | Columbus, Ohio 43215
Administrative Office: 18700 North Hayden Road Scottsdale, Arizona 85255 1-800-423-7675 A STOCK COMPANY
GENERAL AGENT NAME & ADDRESS
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
FROM: 08/01/2024 TO: 08/01/2025
12:01 a.m. Standard Time at the address of the POLICYHOLDER as stated herein.
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
2.
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:
|
|
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. 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.
COVERAGE B — Supplemental Coverage
To reimburse the INSURED for reasonable attorney’s fees for services and costs of court which the INSURED is legally
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 D — Identity Theft
The Company will reimburse the INSURED for reasonable and necessary attorney fees which the INSURED is legally obligated to
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
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. POLICYHOLDER
Means the Texas Classroom Teachers Association Services Corporation.
J. POLICY PERIOD
Means the period of time stated in Item 2. of the Declarations.
K. SEXUAL ACTION OR SEXUAL CONDUCT
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
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.
L. VEHICLE
Means:
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;
2. 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.
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. 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.
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.
Coverage E on the Declarations as respects each ASSAULT.
H. The Company’s limit of liability for COVERAGE B, C, D and E is further always subject to the annual aggregate for the
POLICY PERIOD as set forth in the Declarations as respects each INSURED member.
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. 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;
D. 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;
E. 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;
F. 1. 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
2. To the administering of medication to students by
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:
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. To any action for any fees, costs or expenses including, but not limited to claimant/plaintiff attorney fees related to equitable
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.
A. 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
the Company’s representatives, and meetings with such representatives for the purpose of investigation or defense and all without charges to the Company.
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.
VII. CONDITIONS
B. SETTLEMENT
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. IMPAIRMENT OF RECOVERY
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. 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
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.
H. DECLARATIONS
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. 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.
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.
K. 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
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.
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
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
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 also write to Scottsdale Insurance at: Scottsdale Insurance Company 18700 North Hayden Road Scottsdale, AZ 85255
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
PREMIUM OR CLAIM DISPUTES:
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.
ATTACH THIS NOTICE TO YOUR POLICY:
This notice is for information only and does not become a part or condition of the attached document.
LOSS CONTROL AVAILABILITY — TEXAS
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:
• 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 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.
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.
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:
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;
(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;
(5) a member of the board of trustees of an independent school district; and
(6) any other person employed by a school district whose employment requires certification and the exercise of discretion.
(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
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.
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:
• 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
• the act does not involve the operation, use, or maintenance of any motor vehicle.4
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
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.
1 Section 22.051, Texas Education Code.
2 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
WE CAN SOLVE PROBLEMS TOGETHER!
2025 CONVENTION & CAPITOL VISIT
JOIN US JAN. 31-FEB. 1 IN
Let’s solve problems together during TCTA’s 2025 Convention and Capitol Visit on Jan. 31-Feb. 1, 2025, at the AT&T Hotel and Conference Center on the UT campus in downtown Austin.
Earn up to 4.5 hours of continuing professional education credit, interact with TCTA members and staff, meet with lawmakers at the Capitol, help conduct association business and vote for statewide officers.
AUSTIN!
The candidates on pages 28-30 declared their intent to run by Nov. 3, and their names will appear on the ballot. Additional nominations may be made from the floor during the Representative Assembly’s first business meeting Feb. 1. Registration is free, but members are responsible for their own travel costs. Lunch will be provided at the Capitol on Friday. Saturday includes a morning snack and a free buffet lunch. Attendees will be on their own for other meals.
Online registration, including discounted hotel rates, ends Jan. 10. Log in to find the complete schedule, links to register and more at tcta.org/convention
CRISTAL ISAACKS | PRESIDENT-ELECT
TCTA member for 38 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, Levelland Chamber of Commerce Board of Directors
AWARDS/HONORS: Levelland Chamber Ambassador of the Year and Levelland Chamber Education Professional of the Year in 2023
CANDIDATE STATEMENT: I have been a member of TCTA for all my 38 years in education, and it is one of the best decisions I’ve ever made. I have proudly served in several positions over the years, and I ask for your support as I run for the office of President-Elect. I am a great organizer and can delegate jobs to amazing people to get things accomplished because of my experience in TCTA at the state, district and local level. It seems that we keep fighting the same issues over and over again, but I’m not ever giving up for our rights!
If elected as your TCTA President-Elect, I will listen to you, your concerns and your needs. I’ll be your voice and influencer to make things happen for Texas educators in these challenging times. We are well-served by remembering the proud traditions and leadership of those who have served before us, and I want to continue to make a difference for you. As we recognize the history and achievements of this beloved organization, please know that I will stand up for you if elected as your TCTA President-Elect.
SHARRON WOOD | GOVERNANCE DIRECTOR
TCTA member for 22 years
CURRENT JOB: Second grade science and social studies teacher, reading specialist, dyslexia and emergent bilingual, Deweyville Elementary, Deweyville ISD
EDUCATION: Bachelor of General Studies, Lamar University; Master of Education Administration, Lamar University
CERTIFICATIONS HELD: School Librarian EC-12, Elementary Self-Contained 1-8, Elementary Reading 1-8
PREVIOUS TCTA LEADERSHIP: Professional Rights & Responsibilities Chair; District 5 Director, DCC 5 President and Vice President; LCM CTA Secretary, Deweyville ISD Faculty Representative
CANDIDATE STATEMENT: I have had a great time
serving as the Professional Rights and Responsibilities director for the past four years, but that time is up. I would like to continue serving the great teachers of Texas as the Governance director on TCTA’s Board of Directors.
We have the best teachers in Texas and I enjoy doing my small part serving you. I will continue to strive for excellence. I have been a member of TCTA since being a paraprofessional at the beginning of my educational career. I have been a substitute, para, prekindergarten, kindergarten, second through fourth grade teacher. I have two children and five grandchildren. I want the best education for them and for all children in our state. To achieve the best, we need the best educational system for students and teachers and I want to do my small part by serving you as Governance director.
BREC ESPINOZA | LEGISLATION DIRECTOR
TCTA member for 11 years
CURRENT JOB: Dyslexia coordinator and educational diagnostician in Brownwood ISD
EDUCATION: Bachelor of Science in Multidisciplinary Studies, Texas Tech University; Master of Education, Midwestern State University
CERTIFICATIONS HELD: CALT (Certified Academic Language Therapist), QI (Qualified Instructor)
PREVIOUS TCTA LEADERSHIP: Legislation Director;
District 15 director, DCC 15 president; Brownwood CTA president and faculty representative
CANDIDATE STATEMENT: It has been a privilege to serve as your Legislation director over the past two years. I am eager to continue representing TCTA in this capacity.
My commitment is to advocate for you and ensure that our perspectives are considered in the significant educational decisions that will soon be made at the state government level. I appreciate your time and would be grateful for your support in the form of a vote.
VELMA SANCHEZ | MEMBERSHIP DIRECTOR
TCTA member for 29 years
CURRENT JOB: Coordinator for the Office of Sustainability, PSJA ISD
EDUCATION: Bachelor of Science in Education, UTRGV; Master of Education in Leadership and in Elementary Science, UTRGV
CERTIFICATIONS HELD:
Elementary Science 1-8, Elementary Self-Contained 1-8, Mid-Management Administration PreK-12
PREVIOUS TCTA LEADERSHIP: At-large councilmember; PSJA CTA president for 4 years, vice president for 10 years
OTHER EDUCATION LEADERSHIP: Rio Grande Valley Council of Teachers of Mathematics AWARDS/HONORS: Three-time campus teacher of the year. District Award-Spirit of PSJA for StudentCentered Excellence
CANDIDATE STATEMENT: As a longstanding member of TCTA, I have consistently championed educators’ rights and professional growth. I have served as PSJA vice president for 10 years and president for four
years, demonstrating my commitment to educational excellence and advocacy for teachers.
Membership and recruitment are essential to the vitality and growth of TCTA. By welcoming new members, we not only strengthen our community but also amplify our collective voice and enhance the support and resources available to our educators. Over the years, I have worked to ensure we have a faculty representative at each campus, organized socials to encourage membership, and attended new teacher orientations to recruit. I take pride in connecting teachers with the best organization for their professional growth and support — TCTA.
My goal is to ensure that every teacher recognizes the value and benefits of joining our association, feeling both welcomed and supported. With a strong and diverse membership, we can continue to uphold our commitment to excellence in education and advocacy for teachers. Your vote is crucial in continuing this mission. Together, we can strengthen our community and provide the best resources for our educators.
Continued on page
ERICK HURTADO | PROFESSIONAL RIGHTS DIRECTOR
TCTA member for 15 years
CURRENT JOB: Sixth grade math teacher at Pfc. David Ybarra Fine Arts Academy, Edcouch-Elsa ISD
EDUCATION: Bachelor of Business Administration-Management; Texas A&M University-College Station; Master of Education in Curriculum and Instruction, Texas A&M
CERTIFICATIONS HELD: Bilingual Generalist-Spanish EC-4 and Core Subjects 4-8
PREVIOUS TCTA LEADERSHIP: District 1 councilmember; District 1 Coordinating Council treasurer; Edcouch-Elsa CTA president
OTHER EDUCATION LEADERSHIP: UIL district coordinator (elementary), UIL campus coordinator, SBDM committee member, campus department chair, Superintendent’s teacher advisory committee member
AWARDS/HONORS: Ruben C. Rodriguez Elementary Teacher of the Year (2014), Pfc. David Ybarra Fine Arts Academy Teacher of the Year (2024); WPS Institute Teacher Fellow (2021 & 2022)
CANDIDATE STATEMENT: As a proud Texas
LEGAL NOTES
Continued from page 7
request an accommodation, contact the department and request accommodation paperwork. TCTA also recommends consulting district policies, as many districts designate an individual in the district who is responsible for ensuring compliance with the ADA. Prior to requesting accommodations, speak with your health care or medical provider who can advise on the best accommodation(s) for your disability.
Will I need medical documentation?
Most districts require an employee to provide medical documentation from a health care or medical provider. The provider will attest that you have a disability and need the requested accommodation(s). The provider does not have to be a medical doctor (although this is preferred); rather, the provider can be a doctor, nurse, occupational therapist, psychiatrist, or speech therapist, among others. Districts may waive the need for
Classroom Teachers Association member for the past 15 years, I am honored to run for the Professional Rights and Responsibilities director position. Over my 16 years in education, I have advocated for the rights, responsibilities and respect that all educators deserve.
As a classroom teacher at Edcouch-Elsa ISD, I strive to empower my students and colleagues to face our profession’s challenges. My experience has deepened my understanding of the critical balance between professional accountability and the support educators need to thrive. This advocacy has included pressing my school district to listen to educators’ concerns regarding Districts of Innovation and Senate Bill 1882, ensuring our voices are heard in shaping policies that impact our work. Additionally, my efforts have resulted in significant growth in membership within my local TCTA affiliate, a testament to the power of collective action.
If elected, I will work diligently to uphold the standards and rights that define our profession while addressing emerging concerns with fairness, transparency and dedication. Together, we can strengthen our profession and continue to advocate for the educators who inspire the future.
medical documentation if the disability, limitations and accommodations are known and obvious. Regardless, you should follow your district’s protocols when requesting reasonable accommodations.
What happens after I request reasonable accommodations?
A human resources or risk management staff member should meet with you to discuss the request. This is called the interactive process. An employee should make reasonable efforts to engage in the interactive process. Courts have ruled that the purpose of the interactive process is to analyze job functions to establish the essential/ nonessential job tasks, identify the barriers to job performance, and learn the types of accommodations that would be most effective.
Under the ADA and with consent of the employee, an employer may communicate directly with a medical or health care provider to clarify any misunderstandings or insufficient information in medical documentation.
Where can I find additional information on reasonable accommodations?
A TCTA staff attorney can assist current members with requesting reasonable accommodations and communicating with the district throughout the interactive process. An attorney can also assist current members who believe their district has not granted the appropriate accommodations or are not implementing granted accommodations with fidelity. Most districts have policies regarding reasonable accommodations. You may also review information from the following websites:
• Americans with Disabilities Act: www.ada.gov
• Equal Employment Opportunity Commission: www.eeoc.gov
• Job Action Network: www. askjan.org
This article is for information only and is not a substitute for legal advice. TCTA members with questions should call the legal department at 888-879-8282 to speak with a staff attorney.
PRESIDENT’S MESSAGE
Continued from page 2
myself and my students miserable. Some hills are worth dying on. Some are not. You don’t have to do it all. You don’t have to volunteer every time they ask for
PLANNING AHEAD
Continued from page 10
certain dates. If you’re still considering taking out your money, talk to a TRS counselor about the implications on your eligibility both for full retirement benefits and for access to TRS-Care (retiree health insurance).
Buying back the credit is expensive. If you plan to return to school employment and eventually retire through TRS, you will need to buy back the years of credit you withdrew if you want them to count toward your retirement eligibility and your benefit calculation. And it’s going to cost you more than you took out. TRS will require you to pay the amount of your withdrawn contributions and interest, plus an 8% fee, compounded annually from
a volunteer. You are not a bad teacher if you don’t have a Pinterest-perfect classroom. There is nothing wrong with buying an activity from TPT if you don’t have time to create your own.
I know that teaching is hard, but you
can do this. I hope you have a great year and make lots of memories.
Melody Young is TCTA’s 2024-25 state president. She is a math teacher at Sherman High School in Sherman ISD.
the time of the withdrawal to the time of repurchase. So, the sooner you buy the credit back, the less expensive it will be.
If you leave mid-year, make sure you get in your 90 days. Most teachers are at least vaguely aware that they can stop working after a half-year and receive a full year of TRS credit. But the rules have changed in recent years and a misstep can mean you don’t get the credit you expected.
Unless you’re in your final year before retirement, you will need to work for 90 days in a school year, with that count beginning on Sept. 1, to get credit for the year. For most teachers, this means working until the end of January.
The 90 days do not need to be consecutive, so another option is to work
the fall semester, not return for the spring semester, but come back and work the necessary number of additional days later in the same school year, or in summer school. The key point is that you must work 90 days between Sept. 1 and the following Aug. 31 to earn credit for the year. Substitute service counts IF you contact TRS and establish those days — which may require payment since most likely neither you nor the district paid the normal TRS contributions for those days.
Above all, talk to TRS about your plans — before you make any irrevocable decisions — to make sure that your break from teaching does not have an unexpected effect on your retirement and health care eligibility. TRS benefits counselors are available at 800-223-8778.
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