Dr. William Allan Kritsonis - Personnel Issues PPT

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Dr. William Allan Kritsonis - Personnel Issues PPT

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<ul><li> 1. William Allan Kritsonis, PhD</li></ul><p> 2. OverviewChapter V deals with personnel issues that arise during employment relationships. These disputes include:I. Reassignments ,Compensation, &amp; Texas Teacher Appraisal History II. Teacher AppraisalIII. Employment Benefits IV. Wage/Hour Requirements, Workers/Unemployment Compensation, &amp; Employee Grievances &amp; Organizations 3. Reassignment: J.Hughes Most Texas teacher and administrator contractscontain a clause which states that the employee maybe assigned and reassigned at the discretion of thesuperintendent. Complaints concerning an illegal reassignment likelywill not receive a hearing at the Texas EducationAgency, unless the employee has suffered financially. TEC 7.057 (a)(2) states, The commissionersjurisdiction is limited to cases involving partiesaggrieved by the school laws of this state or aprovision of a written employment contract betweenthe school district and a school district employee if aviolation causes or would cause monetary harm to theemployee. 4. Reassignment: Cont. Smith v. Nelson (2001): The court held that thecommissioner did not have the jurisdiction to hear theappeal of a man who was reassigned from headcoach/athletic director to P.E. teacher. There was awritten contract involved, but the mans salaryremained the same after the reassignment. He triedto claim that his loss of status would make it harder forhim to find good coaching jobs in the future. Thecourt disagreed! Allegations of speculative futurelosses are not enough to give the commissionerjurisdiction over such a case. 5. Compensation Disputes:J.Hughes Educators should be aware of the penalty-free resignation date which varies form district to district and year to year. This is important if an educator contemplates relocating. The educator will not be locked into a contract at a school they no longer desire to teach at if they execute decisions prior to this date. The date is calculated to be no later than the forty-fifth day before the first day of instruction of the following school year. San Elizario Educators Association v. San Elizario I.S.D.: The San Elizario school board set salaries on July,10th. However, the teachers were locked into their contracts as of July 1 st. When the new salary schedule actually lowered the salaries of some teachers, they took matters to the commissioner. The commissioner ruled the district was obligated to compensate the teachers pursuant to the previous years salary schedule. 6. Compensation Disputes: Cont.Can the district get money back from an employee if theywere overpaid? School district tries to recoup sick leave overpayments made the previous year.(Benton v. Wilmer-Hutchins I.S.D.,1983)The court held that the dispute over the previous yearsoverpayments was unrelated to and could not generate deductions from teacher paychecks. Thecurrent salaries were amounts lawfully due, reasoned the court, and were not subject to the proposed unilateral deductions by the district. 7. Texas Teacher Appraisal History: J. Hughes Prior to the passage of the Term Contract Nonrenewal Act (TCNA) in 1981 there was no state law requiring any kind of teacher evaluation in Texas. The TCNA required that all contract teachers be evaluated in writing at least once a year. All other decisions about evaluation, including what instrument to use, were left to the local districts. House Bill 72 in 1984 imposed the Texas Teacher Appraisal System (TTAS) which tried to adopt a uniform system of teacher evaluation in Texas. TTAS was intended to be an instrument that measured the difference between the average classroom teacher and the instructional star. Despite huge state investments in the development of TTAS, in 1993 the legislature dismantled the program and made significant changes to the appraisal system. 8. Teacher Appraisal: A. Morrison The current appraisal system is known as PDAS (Professional Development and Appraisal System) and is based on observable,job-related behaviors. It involves a single appraisal by a singleappraiser, assessing performance in eight domains which include:1. Domain I: Active, successful student participation in the learningprocess2. Domain II: Learner-centered instruction3. Domain III: Student Progress: Evaluation and Feedback4. Domain IV: Management of discipline, instruction, time, and materials 5. Domain V: Communication 6. Domain VI: Professional Development 7. Domain VII: Compliance with policies 8. Domain VIII: Academic improvements in student performance 9. Teacher Appraisal: PDAS (Cont.) Although there are eight Domains on the PDAS, a single failure by theteacher may impact several. Miller v. Clyde I.S.D.,2003: In Clyde I.S.D. a teacher admitted that fortwo months she had not been teaching phonics as required by thedistrict. Based on this information, the principal rated the teacherbelow expectations in four domains. In her appeal to TEA, the teacherargued that since the law requires each domain to be ratedindependently it was improper for the principal to rely on a singlefactor to reduce her rating in four domains. The commissioner did notagree with this line of reasoning. Rules adopted pursuant to PDAS require that a teacher be identified asa teacher in need of assistance if the teacher is evaluated asunsatisfactory in one or more domains. If the teacher is so designated, the supervisor and teacher must developan intervention plan. However, the teacher can be nonrenewed without all this taking place Kinnaird v. Morgan I.S.D., 1999: In this case, the commissioner approvedthe non-renewal of a teacher despite the fact that he was not first givenan intervention plan. 10. Teacher Appraisal: PDAS (Cont.) PDAS is an annual affair, unless the district decides toappraise some teachers less frequently and theteacher agrees. If a teachers appraisal reflects a rating of at leastproficient with no areas of deficiency, the teachercan be appraised less than once a year, provided thatit is done at least every five years. The district musthave a written agreement with any such teacher. Schools now are specifically authorized to send copiesof a teachers evaluation (along with any rebuttals) toa district in which the teacher has applied foremployment. Teacher appraisals are not accessible to the public. TEC 21.355 : A document evaluating the performanceof a teacher or administrator is confidential. 11. Teacher Appraisal: PDAS (Cont.) The confidentiality of a teacher evaluation goesbeyond the general public. Atty. Gen. Op. GA-0055, 2003: The attorney generalissued an opinion in 2003 stating that the SBEC (StateBoard for Educator Certification), the governmentalentity with authority over teacher certification, has noright of access to teacher evaluations. The Texas Administrative Code specifies that thePDAS is for classroom teachers only. Fenter v. Quinlan I.S.D. (2002): The commissionerconcluded that a librarian is not a classroom teacherand is not entitled to the PDAS process. If the districtchooses to evaluate librarians in some other manner,it may do so. 12. Teacher Appraisal: PDAS (Cont.)How are administrators evaluated? For those administrators whose employment requires educator certification, state law requires a process quite similar to PDAS. The local district is to use either its own locally developed system or the commissioners recommended system. The law specifically prohibits the use of school funds to pay any administrator who has not been appraised within the preceding fifteen months.Principal Appraisals Their appraisals include consideration of the performance of the campus with regard to the academic excellence indicators and campus objectives, which are a part of the campus improvement plan (CIP). 13. Employment Benefits: Deonta DanielsPlanning and Preparation Period: Exactly what benefits an employee is entitled to depends to a great extent on the actualwording of the employment contract and the policies of the school district. Each classroom teacher must have at least 450 minutes within each two-week period forinstructional preparation, parent-teacher conferences, evaluating students work (grading),and planning. TEC 22.003(a): During this planning and preparation period, the teacher may not be requiredto participate in any other activity.Duty-Free Lunch: Classroom teachers and full-time librarians also are entitled to at least a 30 minute lunchperiod free from all duties and responsibilities connected with instruction or supervision ofstudents, unless the district is faced with such dire situations as personnel shortage, extremeeconomic conditions, or unavoidable or unforeseen circumstances. TEC 21.405: In ay event a teacher may not be required to supervise students during the duty-free lunch more than one time per week. Teacher Retirement: Government Code 822.001: Requires every employee of Texas public school districts to belongto T.R.S. (Teacher Retirement System of Texas). School districts are not required to participate in the federal Social Security system, and mostdo not. School districts also may provide various insurance programs for their employees paid for outof local funds. 14. Employment Benefits: Cont. Personal Leave: TEC 22.003(a): The law specifically states that the local school board maynot restrict the purposes for which the leave may be used. There is no limit on the accumulation of personal leave and it moves withthe employee from one district to another. Unfortunately, accumulated sick leave cannot be converted intopersonal leave and will still be governed by prior law (S.S.L.P.,1995),which limited its use to sickness or death in the immediate family.Health Insurance: TEC 22.004: Requires each school district provides its employees healthinsurance. The insurance plan must be comparable to the insuranceprogram the state offers its employees and cost may be shared byemployees and the district. Under the states health insurance program, schools districts mustcertify annually to the executive director of the Employees RetirementSystem that the districts coverage meets the requirements of thestatute. 15. Employment Benefits: Cont.Assault Leave: This paid leave can continue, if necessary, up to two full years and leave taken as a result ofan assault may not be deducted from accrued sick leave. (This is paid leave on top of the sickleave the employee already has.) TEC 22.003: Upon investigation of an assault claim, the district may change the assault leavestatus and charge the leave, first against accumulated personal leave, and then, if necessary,against the employees pay. Penal Code /TEC 22.003 (c)): To be eligible for assault leave, the employee must be physicallyassaulted by a person who could be prosecuted for having committed an assault, or whocould not be prosecuted for an assault only because the persons age or mental capacitymakes the person a nonresponsible person. Temporary Disability Leave: TEC 21.409: Provides that each full-time educator employed by a school district is entitled toa leave of absence for temporary disability without fear of termination. Request must be made to the superintendent and must include a physicians statementconfirming the inability to work and indicating the date the employee wishes to begin theleave and the probable date of return. During pregnancy, teachers are allowed to take a leave of absence only for the period aphysician certifies they are unable to work. Temporary leave is unpaid. The primary purpose of the leave is to assure the employee thathe or she will have a job upon returning to good health. 16. Employment Benefits:Temporary Disability Leave(Cont.)What happens if a teacher is due back from disabilityleave and there are no openings on the campus where the teacher taught? The attorney general concluded that the teacher returning from disability leave must be placed on his or her former campus unless another principal voluntarily accepts the employee. The returning employee is to go to the former campus if a position is available there. However, if no position is available, the school cannot force some other principal to accept the employee. As of the beginning of the next school year, however, the school district has the duty to make sure a position is available. TEC 21.409(a): The contract or employment of the educator may not be terminated by the school district while the educator is on leave of absence for temporary disability. 17. Employment Benefits: Cont. Family and Medical Leave:Under the Family and Medical Leave Act (FMLA), eligible employees are entitled to upto twelve weeks of unpaid leave per year:1. To care for a newborn, adopted, or foster children;2. To care for a spouse, child, or parent with serious health conditions;3. Or when serious health conditions prevents the employee from performing theessential functions of the job. Miscellaneous Leave Policies: Other types of leave allowed by the state include military leave anddevelopmental leave. TEC 431.005: Provides employees who are members of state militia or the U.S.reserve forces up to fifteen days per year of leave without loss of salary forparticipation in authorized duty. TEC 21.452:The Board of Trustees may grant certified teachers who have served atleast five consecutive years in the district a developmental leave of absence forstudy, research, travel, or other suitable purpose. While on developmental leave, the teacher is entitled to the same employeebenefits available to other employees of the district. 18. Wage / Hourly Requirements:Daimon Sweet In 1985 the U. S. Supreme Court ruled that the minimum-wage andmaximum-hour provisions of the Fair Labor Standards Act (FLSA) applyto local government functions. The FLSA provisions do not apply to everyone. Workers are divided into two general categories exempt and non-exempt. Exempt means employees are not covered by the FLSA provisions andthus are not entitled to extra benefits for work in excess of the forty-hour week (overtime). Non-exempt means that employees are covered by the FLSAprovisions and thus are entitled to extra benefits (overtime and comptime) if they work more than forty hours a week. Exempt employees fall under three broad categories: Executive,Administrative, and Professional. Teachers and school administrators who serve as principals, assistantprincipals, and other positions related to instruction are specificallyexempt from FLSA coverage. 19. Workers/UnemploymentCompensation: Daimon Sweet Workers Compensation: State law provides that school districts shall extend such benefits to its employees by one of the following options: (1)Becoming a self-insurer, (2)providing insurance under workers compensation insurance contracts or policies, or (3)entering into interlocal agreements with other political subdivisions providing for self-insurance. Unemployment Compensation: The states effort to help people over the rough spots and is intended to provide compensation for a specified number of weeks to people who are...</p>