Dr. William Allan Kritsonis - Personnel Issues PPT
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- 1. Personnel IssuesWilliam Allan Kritsonis, PhD
2. Topics to be Discussed: Reassignment Compensation Disputes Teacher Appraisal Employee Benefits Wage and Hour Requirements Workers Compensation and UnemploymentCompensation Grievances and Employee Organizations 3. Reassignment Reassignments lead to litigations Assignment and reassignment can behandled by the superintendent The Texas Education Agency will hearcomplaints if the employee suffers financially Commissioners jurisdiction limited to theschool laws of this state or provision of awritten employment contract between theschool district and a school district employeeif a violation causes or would cause monetaryharm to the employee 4. Whats The Law?Case I: Finch v. Fort Bend I.S.D. (2003) A principal was reassigned to the maintenance department. She was told that she would be a facilitator for staff development of the nonprofessional staff. The superintendent gave her a memo stating the reason for reassignment and told her that she could file a grievance. The principal filed a grievance and a lawsuit.Who is right? 5. COMPENSATION DISPUTES State Pay Scale Local Supplement San Elizario I.S.D. set salaries on July 10.Teachers were locked into their contract asof July 1. The new salary was lower. Is thisallowable? Overpayment- If a district makes an errorand overpays a teacher, can the district getthe money back? 6. TEACHER APPRAISAL Before 1981s Term Contract Nonrenewal Act(TCNA), there was not a state law requiring teacherevaluation. TCNA required teachers under term contract to beevaluated in writing at least once a year. All other decisions about evaluation, including theinstrument used to evaluate were left up to the localdistrict. 7. TEACHER APPRAISAL 1984: House Bill 72 imposed the Texas Teacher Appraisal System (TTAS) Bill was an effort to adopt a uniform system of evaluating teachers in Texas. Implemented the career ladderFinancial incentives to keep good teacher teaching 8. Texas Teacher AppraisalSystem (TTAS) Was used to differentiate the regular teacherfrom the star teacher Administrators thought it was too easy forteachers, didnt reflect teachers capabilities Many teachers did not approve of careerladders (unfair cash incentives) 1993 legislature got rid of this system 1995 legislature made extra changes 9. PDAS (Professional Developmentand Appraisal System) Current system Not for all professional employees; forclassroom teachers District must use or create their own If district makes their own, it mustdevelop it through district and campussite-based decision-making committees Local system must reflect disciplinemanagement and student performance Local board must accept or reject planen toto; cannot modify plan 10. PDAS Continued Includes eight domains based on indicators inthe Academic Excellence Indicator System Single appraisal by single appraiser Annual, unless district decides to have less Four ratings: Exceeds expectations, Proficient,Below expectations, Unsatisfactory If a teacher receives most recent appraisal ofproficient with no areas of deficiency, they canbe appraised less (as long as appraised everyfive years) One failure may impact several domains Teacher can file a written rebuttal to the appraisal Teachers must only be assessed on classroomperformance, not extracurricular activities 11. PDAS Teachers may be identified as needingassistance if they are evaluated asunsatisfactory in two or more domains. Supervisor and teacher must develop anintervention plan Teacher can be nonrenewed without theabove actions taking place. Kinnaird v. Morgan I.S.D. (1999) Teacher wasnonrenewed without an intervention plan. Thecommissioner approved this. 12. PDAS Documentation Timely documentation by administrators Incidents that affect teachers rating shouldbe verified, documented , and shared with theteacher promptly Koehler v. LaGrange I.S.D.- supervisor failedto document and share two incidents that hadadversely affected the appraisal-commissioner invalidated teachers appraisal Incidents should be documented and sharedwith the teacher within ten working days ofthe appraisers knowledge of the incident 13. Employment Benefits Planning and Preparation Period- State law:(each teacher)at least 450 minutes within eachtwo week period for preparation, planning,conferences, grading. Each period must be atleast 45 minutes long. The teacher may not berequired to participated in any other activity (i.e.inservices- Strater v. Houston I.S.D., 1986) Duty-Free Lunch-30 minute period free fromduties unless dire situations (shortage of staff,extreme economic conditions, unavoidable and/orunforseen circumstances). A teacher may not berequired to supervise students during the duty-free lunch more than one time per week. 14. Personal Leave Old plan done away with in 1995 State allows 5 days personal leave a year No limit on accumulation Moves with employee Can be used for any reason Old plan-you could only use sick days whenyou were actually sick. Personal leave isdifferent. Sick leave is still under the old plan 15. Castleberry ISD No more than two personal leave daysconsecutively No personal leave if other employee in thesame category is on leave No personal leave on the day before aholiday This was approved by the court of appeals. Itdidnt limit days, just limited timing. 16. Personal Leave Can be rewarded-$1,000 stipend with certainconditions (Brady I.S.D.) Brady I.S.D. conditions: No more than five days personal/sick leave in aschool year Teacher missed eight days and filed a grievance District won 17. Health Insurance/Assault Leave Health insurance: employees can takenecessary days to recuperate from all injuries.Employees can have paid leave up to twoyears. Leave may not be deducted from sickleave. Employee placed on assault leave immediatelyupon request. District will investigate and maychange the assault leave charge. It will affectpersonal days, then employee pay. 18. Teacher Retirement: each teacher must participate.School districts can establish annuity programs,and various insurance programs out of local funds. Temporary Disability Leave: Teacher cannot beterminated. Pregnancy listed specifically. Can onlybe taken during the period the doctor specifies.This is unpaid leave. Upon returning to work, theemployee should have a job. This employee mustbe placed on their campus, unless another principalvoluntarily accepts them.* Nelson v. Weatherwax: Employee went ontemporary disability leave on same day that shereceived notice of intent to terminate. On her leave,the board went on with proceedings. Thetermination date was the day her leave ended. Thecourt of appeals concluded that this process did notviolate the Education Code. 19. Family Medical Leave Act/ Misc. Leave Policies 12 weeks unpaid leave per year to care for: newborn,adopted, or foster children; a spouse, child or parent withserious health condition; when a serious health conditionprevents performance. (only 12 weeks: cant put familymedical leave and temporary medical leave together.)Employees must receive their job and equivalent pay uponreturning. Local leave policies developed by districts.Teachers maynot be given paid leave to attend a meeting of a teachersprofessional organization. Other types of leave: Military and Developmental Military: up to 15 days granted per year Developmental: Certified teachers in district for 5 years or greater tostudy, research. One school year at one-half salary or one-halfschool year at full salary. 20. Wage and Hour Requirements 1985- U.S. Supreme Court ruled that the minimum-wageand maximum-hour provisions of the Fair Labor StandardsAct (FLSA) apply to local government functions. Requires good documentation to show that employees havenot worked overtime without proper compensation FLSA provisions apply to people in two groups:Non-Exempt Exempt-not exempt from FLSA-not covered by FLSArules/regulations-not entitled to extra work in excess-entitled to overtime pay or comp of the forty-hour weektime-secretaries, maintenance workers, - 3 categories: Executive,bus drivers, custodians, teacher Administrative, Professionaides 21. Workers UnemploymentCompensation Compensation Statue prohibits an Helps those who areemployer from unemployed through noretaliating against anfault of their ownemployee who has filed Misconduct or quitting No legal obligation tohold jobs or create new voluntarily does notones for employees. merit unemploymentThe only exception is paydisabled employeesunder the Americanswith Disabilities Act(ADA) 22. Grievances Covered under the TexasConstitution since 1845 1984- Attorney General JimMattox broadenedconditions of work ingrievances Malone v. Houston I.S.D.-District refused grievance ofreassignment. This wasruled as a serious error. Grievances can occur overvirtually anything. They mustbe filed in a timely fashion. Hearing involvesStop, look,listen and consider 23. The Role of EmployeeOrganizations Weaker than most around the country Those that are stronger have had stronglabor unions for a long period of time In Texas: Right to work regardless of membership ornon-membership in professional organizations Ban on collective bargaining in the public sector Prohibits right to strike or organized workstoppages You can only file grievances throughorganizations that do not claim the right to strike 24. ResourcesThe Educators Guide to Texas School Law, 6 th Edition by Kemerre, Walsh & Maniotis, 2005, University of Texas Press, Austin.