The ATPE Podcast

Special Session Preview: The Fight Against Vouchers Is Just Getting Started

With the 88^th regular legislative session ending months ago and a special session beginning soon, lawmakers continue to battle over the future of public education policy in Texas. Again, private school voucher legislation will be the focus, and the magnitude of educator engagement will likely determine the results.

In the regular session, ATPE testified on a number of bills and worked with legislators in both chambers and on both sides of the aisle to craft and pass meaningful legislation. With the help of engaged educators from all over the state, we were able to reduce accelerated instruction burdens caused by HB 4545 in the previous session with HB 1416, secure a much-needed COLA and extra check for our retirees, and end the session without a voucher.

In the upcoming special session, what other education issues are we likely to see addressed? Will we see legislation concerning teacher pay and retention, school funding, or even testing reform? And if we do, what is the likelihood that we get any of those things without a voucher attached?

In this episode of The ATPE Podcast, ATPE Lobbyist Tricia Cave previews the upcoming special session, what educators can expect, and what you can do to be involved.

New Physical Restraint Legislation

In June, the Texas Legislature passed Senate Bill 133. This new law prohibits the physical restraint of public school students by peace officers and school security personnel under certain circumstances.

So what is meant by the phrase “physical restraint”? In this context, physical restraint involves an emergency situation where physical interaction is a last resort. Texas law defines “restraint” as the use of physical force or a mechanical device to significantly restrict the free movement of all or a portion of a student's body.

Physical restraint is an issue that has long been discussed in the Legislature, and it has largely become an issue that focuses on concerns from the special education community. How could this new legislation affect your classroom, and how will lawmakers handle this issue moving forward? 

In this episode of The ATPE Podcast, ATPE Managing Attorney Lance Cain and ATPE Governmental Relations Director Monty Exter break down both the legal and legislative sides of a new law regarding the physical restraint of students in the classroom.

The legal information provided here is accurate as of the date of publication. It is provided here for informative purposes only. Individual legal situations vary greatly, and readers needing individual legal advice should consult directly with an attorney. Please note: Rights based on the Texas Education Code may not apply to all. Many Texas Education Code provisions do not apply to public charter schools, and public school districts may have opted out of individual provisions through a District of Innovation plan. Eligible ATPE members may contact the ATPE Member Legal Services Department.

First Amendment Rights for Educators

What do First Amendment rights look like for educators, and how much protection do those rights provide in schools and other public forums?

You’ll often see statements paraphrasing court opinions that educators and students don’t shed their First Amendment rights when they go to school. This may be true, but the protection the First Amendment provides isn’t absolute and can depend on the situation. Teachers and other educators are almost uniquely impacted by the First Amendment because not only are they individuals, but also they are employees, and their employer is a government entity. This can complicate situations for public school employees. From the perspective of a parent or student, the educator is part of a governmental body, so the educator may also be accused of infringing on someone else’s freedoms under the First Amendment.

In this episode of The ATPE Podcast, ATPE Staff Attorney Jeff Kelly breaks down your First Amendment rights as an educator and the limited protection the First Amendment provides.

The legal information provided here is accurate as of the date of publication. It is provided here for informative purposes only. Individual legal situations vary greatly, and readers needing individual legal advice should consult directly with an attorney. Please note: Rights based on the Texas Education Code may not apply to all. Many Texas Education Code provisions do not apply to public charter schools, and public school districts may have opted out of individual provisions through a District of Innovation plan. Eligible ATPE members may contact the ATPE Member Legal Services Department.

Penalty-Free Resignation Deadline

The penalty-free resignation deadline is the last possible date most educators can resign from employment without risk of penalty to their TEA certification. This deadline is particularly important for you when under contract in a district where you do not plan to work during the upcoming school year. For districts with a first instructional day in August, the penalty-free resignation deadline will be sometime in mid- to late June or early July. For districts on a year-round calendar, the deadline will be earlier.

If you resign after that date without being released from your contract, it is considered contract abandonment, and you could face sanctions to your certification from the State Board for Educator Certification. So how do you calculate the deadline for your district? And how do you properly submit your resignation to avoid such sanctions?

In this episode of The ATPE Podcast, ATPE Attorney Celina Leal answers all these questions and reveals what educators need to know about the deadline for contract resignation between school years.

The legal information provided here is accurate as of the date of publication. It is provided here for informative purposes only. Individual legal situations vary greatly, and readers needing individual legal advice should consult directly with an attorney. Please note: Rights based on the Texas Education Code may not apply to all. Many Texas Education Code provisions do not apply to public charter schools, and public school districts may have opted out of individual provisions through a District of Innovation plan. Eligible ATPE members may contact the ATPE Member Legal Services Department.

Legislative Update: Vouchers, Testing, and Teacher Pay

With the 88th Legislative Session soon coming to a close, lawmakers at the Capitol are battling over the future of public education policy. And with a historic budget surplus at their disposal, educators are hoping this will be the year the Legislature will approve a substantial across-the-board pay raise, but time is running out. Several bills have been proposed in both the Senate and the House to address the need for teacher retention, but the little compensation they offer is, of course, nowhere near enough.

Rather than fund the public education system, the Legislature may also choose to defund the system by passing a voucher program. Senate Bill 8 proposes a thinly veiled voucher program known as an “education savings account” that ATPE and others in the education community have overwhelmingly opposed. Its supporters claim that this bill would eliminate standardized testing, but it would also give the appointed commissioner of education unprecedented authority to create an entirely new standardized testing system.

Battles over these proposed bills are coming down to the wire this session. With deadlines for bills to be heard and voted on rapidly approaching, voucher programs and educator compensation are both on the table. Is it too late for educators to get involved and engage their representatives on these issues?

In this episode of The ATPE Podcast, ATPE Governmental Relations Director Monty Exter updates us on pending legislation in the final stretch of this session and how you can still make your voice heard.

T-TESS Summative Evaluations

Once a year, Texas mandates that teachers receive a performance appraisal, and for most teachers, this is known as the T-TESS—short for Texas Teacher Evaluation and Support System (T-TESS). By now, you have likely received at least one required 45-minute formal T-TESS observation or a walkthrough by your appraiser with written feedback. It’s important for you to familiarize yourself with the T-TESS cycle and be aware of any changes or modifications to the T-TESS rubric prior to getting evaluated. But do you have a right to file a grievance if you don’t agree with the results? Where does a teacher’s summative appraisal go once complete, and how can it be used?

In this episode of The ATPE Podcast, ATPE Attorney Celina Leal answers all these questions and shares what educators need to know about the last step in the T-TESS cycle—the summative appraisal.

Learn more about T-TESS at teachfortexas.org.

The legal information provided here is accurate as of the date of publication. It is provided here for informative purposes only. Individual legal situations vary greatly, and readers needing individual legal advice should consult directly with an attorney. Please note: Rights based on the Texas Education Code may not apply to all. Many Texas Education Code provisions do not apply to public charter schools, and public school districts may have opted out of individual provisions through a District of Innovation plan. Eligible ATPE members may contact the ATPE Member Legal Services Department.

The Importance of Educator Voices

Recently, Texas legislative sessions have been increasingly focused on education issues. As lawmakers debate bills that directly impact your profession and your benefits, it is more important than ever that you engage with your elected representatives on these issues.

Remember, you are the experts in the field of education. No one understands classroom challenges and opportunities better than you. Your unique and valuable insights can help ensure that policies are informed by the needs and aspirations of students and teachers and that they have a positive impact on public education.

So what resources do you have to educate yourself on these issues, and how can you provide your input to your elected officials and let them know how you feel?

In this episode of The ATPE Podcast, we ask ATPE Lobbyist Tricia Cave to explain the importance of educator voices in Texas education policy and how to engage with legislators.

Student Removal

In the classroom, there are times when a student’s unruly, disruptive, or abusive behavior compels an educator to request the student’s permanent removal. The laws that govern this process were designed to protect both educators and students, but like most laws, they can be both complicated and highly dependent on circumstances. In situations regarding physical assault, drug possession, or other serious infractions, the law calls for mandatory student removal. But on what grounds can a teacher request discretionary student removal? What does this process look like, and who makes the final decision?

In this episode of The ATPE Podcast, ATPE Managing Attorney Lance Cain shares what educators need to know about the laws and processes involved with removing students from their classrooms.

The legal information provided here is accurate as of the date of publication. It is provided here for informative purposes only. Individual legal situations vary greatly, and readers needing individual legal advice should consult directly with an attorney. Please note: Rights based on the Texas Education Code may not apply to all. Many Texas Education Code provisions do not apply to public charter schools, and public school districts may have opted out of individual provisions through a District of Innovation plan. Eligible ATPE members may contact the ATPE Member Legal Services Department.

Vouchers: Why Educators Should Be Concerned

You have likely heard rhetoric surrounding the vouchers debate, including terms such as “school choice” and “parental rights,” used to describe proposed voucher initiatives that promise families rights that they already have. The truth is that nothing in any of these bills would expand the rights of parents to choose where they send their child to school. Proponents of these bills would like to see the narrative shift to hide their actual goal of transferring money from public education coffers to the pockets of privately owned organizations.

Historically, the Texas Legislature has shown bipartisan opposition to voucher programs, so why should public educators be concerned about potential voucher legislation in the current session? The answer is that these initiatives are being rebranded as—for example—a “tuition tax credit” or a “parental empowerment grant ” to coincide with current wedge issues. With the help of political rhetoric, these partisan bills are being framed as the solution to fictional problems within our public education system.

In this episode of The ATPE Podcast, we ask ATPE Governmental Relations Director Monty Exter and ATPE Lobbyist Tricia Cave to dissect voucher initiatives, the politics surrounding them, and what is at stake for educators this session.

Educators as Mandated Reporters

Mandated reporter laws are extremely important for the health and safety of our students. These requirements apply to all educators because of their unique position to identify possible child abuse or neglect. In Texas, mandated reporters cannot delegate these duties to an administrator or counselor and failure to report within the prescribed timeframe may result in criminal and/or civil liability. So what legally constitutes abuse or neglect, and what should educators do when they find themselves in a situation where they are unsure if a child is in danger?

In this episode of The ATPE Podcast, ATPE Staff Attorney Celina Leal addresses the duties and legal concerns of educators as mandated reporters of child abuse and neglect.

https://www.dfps.texas.gov/Contact_Us/report_abuse.asp

https://www.dfps.texas.gov/Training/Reporting/default.asp

The legal information provided here is accurate as of the date of publication. It is provided here for informative purposes only. Individual legal situations vary greatly, and readers needing individual legal advice should consult directly with an attorney. Please note: Rights based on the Texas Education Code may not apply to all. Many Texas Education Code provisions do not apply to public charter schools, and public school districts may have opted out of individual provisions through a District of Innovation plan. Eligible ATPE members may contact the ATPE Member Legal Services Department.