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
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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. 

August 29, 2007
TOPS Update: We Sent a Message
In 2005, the state Commissioner of Education issued a directive that all English-language learners would have to be evaluated according to the Texas Observation Protocols (TOPs).  Consequently, the Commissioner directed all school districts to select teachers of English-language learners to be trained as TOPs raters.  To be a TOPs rater, a teacher was required to attend training and pass a TEA-created test to be a certified rater.   

The Commissioner’s directive concerned TSTA for many reasons.  When the directive was issued, many school districts’ budgets had already been finalized—leaving no money to compensate teachers for additional training.  To comply with the Commissioner’s directive, many school districts were requiring teachers to attend training, sometimes multiple days, without additional compensation. 

Not only were teachers required to attend additional training, but they also had to take and pass a test be a “certified rater.”  While prior to the directive all teachers were certified to evaluate their students by virtue of their teaching certificates, now teachers were required to obtain another certification to do what they were already doing.  If a teacher was not a “certified” rater, another rater who was certified was required to review the non-certified teacher’s evaluations of his or her students. 

TSTA believed that the Commissioner did not have statutory authority to require additional teacher testing and certification.  Further, TSTA contended that the Commissioner had instituted the entire process illegally.  The Commissioner had not followed proper rule-making regulations in issuing this directive.  Because of these issues, TSTA filed suit against the Commissioner of Education in January 2007.   

At the hearing, rather than face a court order to immediately cease all testing and certification requirements, the Commissioner agreed to modify the directive.  As a result, the Commissioner issued a new directive stating that teachers who did not pass the certification test would not be required to have another teacher review the non-certified teachers’ ratings.   

In response to TSTA’s lawsuit, the Commissioner also took steps to correctly institute the TOPs training and testing requirements.  The Legislature passed a law giving the Commissioner the authority to make such directives related to training and certification.  TEA then correctly complied with the regulations for making new rules.  

TSTA took this matter to the Court of Appeals.  While the Court ultimately ruled with TEA on some procedural issues, the goals TSTA had set out to achieve had been accomplished.   

TSTA’s lawsuit brought about all of these changes.  By filing suit, TSTA sent the message it is willing to stand up to the state when laws are violated.  TEA knows that if it does not comply with state law, TSTA will be there to make sure the agency answers for it. 

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.)

TSTA/NEA 06-07 Educators Employment Liability Program
As a member of TSTA/NEA you are protected by comprehensive employment insurance against most legal claims while acting within the scope of employment.  You are automatically covered by NEA's $1 million policy ($300,000 in employment-related civil rights violations) and by an additional $5 million excess policy.*  You are covered:

• If you are sued for liability arising out of your educational employment activities (as defined by the NEA coverage brochure).*

• Up to $35,000 for attorney fee reimbursement if you are charged in an employment-related criminal proceeding and you are exonerated or all charges are dropped.*

• Up to $1,000 for bail bond premium if you are arrested in an employment-related criminal matter.*

• Up to $500 for personal property damage if you are assaulted on the job.*

*All coverages are subject to the specific terms, conditions and exclusions of the policies which are available to members upon request by calling the TSTA Help Center at 877-ASK-TSTA.  The $1 million NEA policy is underwritten by Horace Mann Ins. Co. The $5 million excess policy is underwritten by United National Ins. Co., an A.M. Best Rated A+ (superior) carrier, and does not include civil rights coverage.  Notice required by Art. 21.54 of the Texas Insurance Code:  The insurers named herein may not  be subject to all the laws and regulations of Texas.  The insurance solvency guarantee fund may not be available to you or to TSTA.

If you are involved in any situation which you believe may be covered by the TSTA/NEA liability insurance, immediately contact the TSTA Help Center.

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:

• 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. 

• 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. 

• 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! 

• 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)!