The ATPE Podcast

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.

ATPE Legislative Priorities

Throughout the 88^th legislative session, lawmakers will determine how our state budget is spent for the next two years, and ATPE lobbyists will be working hard to shape public education policy to benefit our members and their students. As the voice of educators at the Capitol, ATPE’s goal is to educate lawmakers on your priorities and support your interests.

This session, we expect vouchers and privatization to be a prominent issue, and educators will need to come together with a strong, unified voice to oppose bills that would siphon money from public schools. Other concerns, such as staffing and compensation, retirement benefits, and school safety, are top of mind for Texas educators, and our lobbyists are advocating at the Capitol to make sure your voice is heard loud and clear.

In this episode of The ATPE Podcast, we ask ATPE Governmental Relations Director Monty Exter and Senior Lobbyist Mark Wiggins to break down the issues facing public education today and how ATPE is protecting your interests this session.

Appropriate Student-Teacher Relationships

As an educator, establishing and maintaining positive student-teacher relationships is an important part of the job. Building this rapport is known to support student growth, motivation, and student learning outcomes. But sometimes these well-meaning connections can be misinterpreted or misunderstood, and perception is critical. So what does an appropriate educator-student relationship look like, and how does the Educators’ Code of Ethics address the issue?

In this episode of The ATPE Podcast, ATPE Staff Attorney Sylvia Martinez-Haley breaks down legal concerns over student-teacher relationships and provides tips for maintaining healthy, professional boundaries.

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.

Associate Members: Know Your Rights

Who are associate members, and what are their rights and entitlements under both state and federal law?

In this episode of The ATPE Podcast, ATPE Staff Attorney Lance Cain answers the legal questions most frequently asked by our associate members—those public school employees who are at-will. We break down concerns regarding pay, including overtime, comp time, and district compensation plans. We dissect duties, job descriptions, assignments, and reassignments. Lance explains the nuances of state and federal laws regarding workers’ comp, temporary disability, and termination without due process. We also explore the rights of associate members who find themselves under investigation and what options they have to remedy their grievances. And finally, we answer the age-old question: Are associate members entitled to lunch and other breaks?

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 Upcoming Election: What You Need To Know

The November election is right around the corner, and the time to register is now. With everything that is at stake for educators, it is so important that we make our voices heard at the polls.

In Texas, there is no same-day registration, and you must be registered at least 30 days prior to an election to vote in it. The voter registration deadline is Oct. 11, so make sure that you are registered today. Early voting begins Monday, Oct. 24, and Educator Voting Day lands on Thursday, Oct. 27. Learn more about the candidates at teachthevote.org and build your sample ballot at vote411.org.

In this episode of The ATPE Podcast, we ask ATPE Senior Lobbyist Monty Exter to tell us everything we need to know about the upcoming election. From important dates to what is at stake for public education, find out how you can support public education at the polls.

Districts of Innovation: What Questions Should You Ask?

What exactly is a District of Innovation (DOI), and what does it mean for an educator to work in such districts? Since 2015, Texas school districts have been able to adopt the DOI designation in order to exempt themselves from certain legal requirements of the Texas Education Code. DOIs purport that this additional flexibility and local control allow them to better serve their students and even staff. But DOIs have opened the door to questions regarding teacher contracts and certifications. What sort of protection do educators working in DOIs have from other exemptions that could affect their schedules, class size, leave, or even appraisals?

In this episode of The ATPE Podcast, we ask ATPE Staff Attorney Lance Cain what the law requires of Districts of Innovation and how that designation can affect educators in those districts.

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.

TRS & Social Security: How Do They Play Together?

The Teacher Retirement System (TRS) is a state agency that falls under the authority of the Texas Legislature, and the retirement benefits it provides are available to all public school employees. Social Security is a federal program providing benefits for which you may also be eligible at retirement, depending on your employment history. If you have paid into both systems, or your spouse has paid into Social Security, you need to be aware of two Social Security offsets that can reduce the benefits you receive—and how ATPE has long advocated for reform of these offsets.

In this episode of The ATPE Podcast, we ask ATPE Senior Lobbyist Monty Exter to explain the interaction between TRS and Social Security and provide an update on ATPE’s advocacy to protect your retirement benefits through both TRS and Social Security.

It’s Not Illegal to Be a Jerk

Educators often contact the ATPE Member Legal Services Department concerned they are victims of “targeting” by a supervisor or colleague—in other words, being bullied or harassed. In this episode of The ATPE Podcast, ATPE Managing Attorney Paul Tapp explains what distinguishes illegal behavior from bad but entirely legal behavior.

The legal information provided here is for general purposes only. Individual legal situations vary greatly, and listeners 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.