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TSTA's Region 1E Considers Legal
Issues
Region 1E
held a legal issues conference on January 26 that was conducted
by Joey Moore, TSTA General Counsel and Director of Legal
Services. It was attended by
members from Donna, Harlingen, Mercedes, San Benito and Weslaco.
TSTA Help Center
Don't forget, we're here for you Monday through Friday from 7
a.m. to 7 p.m. Central Time to answer your questions.
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What Happens If Your Campus Is Reconstituted?
If a campus is
identified as academically unacceptable for two consecutive school
years, including the current year, the Commissioner of Education
must order the campus to be reconstituted and appoint a campus
intervention team (CIT). The CIT will decide which educators may be
retained at the campus. Teachers who teach reading, writing, math,
social studies or science may be retained at the campus only if the
CIT determines "that a pattern exists of significant academic
improvement by students taught by the teacher." If the teacher is
not retained on that campus, the teacher may be assigned to another
position in the district.
The statute
requiring reconstitution does not specifically call for teachers’
terminations. TSTA will challenge proposed terminations of teacher
members that occur as a result of a campus reconstitution. If you
are reassigned as the result of a reconstitution, TSTA will help you
determine whether there is a basis to challenge that reassignment.
Unfortunately, teachers of core subjects (reading, writing, math,
social studies and/or science) may be reassigned at the CIT’s
discretion.
Contact the
TSTA Help Center at 877-ASK-TSTA if you have any questions regarding
campus reconstitution.
Help Center
Our Help Center is open 7 a.m. to 7 p.m. CT every school day--8
a.m. to 5 p.m. during the summer--to serve you. Call 877-ASK-TSTA
(877-275-8782) toll free; experts are standing by to answer your questions, legal
or otherwise. These folks have extensive training and experience on
matters involving your rights and responsibilities as a school
employee. If there's something they can't handle, they have
immediate access to the attorneys. (Please note that the Help Center
isn't just for legal matters--it's your first point of contact for
any question about education or the association.)
Experienced Attorneys
Along with the liability coverage, you have six staff attorneys
and a network of outside attorneys all of which comprise a top-notch
legal team to protect your employment rights. Every year, TSTA
spends more than a quarter of a million dollars on cases approved
for legal action. And once a case is approved, TSTA won't send you a
bill for attorneys' fees!
Defense Funds
NEA spends more than $14 million each year for legal support of
members through the NEA Unified Legal Services Program, which shares
in funding by state associations including TSTA.
Some examples of TSTA and NEA
legal cases:
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A parent called for the
dismissal of a teacher who tapped her son's ankle with her foot to
get his attention while he was crouched on the floor. The parent
believed Child Protective Services should have been called. The
local school board voted unanimously to deny all relief requested
by the parent.
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More than 100 TSTA members
were awarded reimbursements ranging from $1000 to $4000—a total
of $149,000—by the Texas Supreme Court because their salary
schedules were frozen after they were contractually bound to teach
in their school district the following year.
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TSTA took a case to the
Texas Supreme Court in defense of the independent teacher
dismissal process (established through a TSTA bill that passed the
legislature in 1995) and won!
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NEA assisted the U.S.
Supreme Court in answering the question of whether peer grading
violates federal law. A federal circuit court of appeals had ruled
against the practice; the Supreme Court reversed the decision,
upholding teacher autonomy.
Obviously, the results of any
given case may vary, depending on the facts of the case. However,
these examples are demonstrative of TSTA's resolve to protect your
employment rights!
When you have a question or
concern, TSTA/NEA is there for you. Call 877-ASK-TSTA (877-275-8782)!
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