personnel issues - dr. william allan kritsonis
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DESCRIPTIONDr. William Allan Kritsonis, School Law, Educational Laws and Policies, Educational School Law, Personnel Legal Issues
- 1. Personnel Issues William Allan Kritsonis, PhD
2. Topics to be Discussed:
- Compensation Disputes
- Teacher Appraisal
- Employee Benefits
- Wage and Hour Requirements
- Workers Compensation and Unemployment Compensation
- Grievances and Employee Organizations
- Reassignments lead to litigations
- Assignment and reassignment can be handled by the superintendent
- The Texas Education Agency will hear complaints if the employee suffers financially
- Commissioners jurisdiction limited to the school laws of this state or provision of a written employment contract between the school district and a school district employee if a violation causes or would cause monetary harm 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 as of July 1. The new salary was lower. Is this allowable?
- Overpayment- If a district makes an error and overpays a teacher, can the district get the money back?
6. TEACHER APPRAISAL
- Before 1981s Term Contract Nonrenewal Act (TCNA), there was not a state law requiring teacher evaluation.
- TCNA required teachers under term contract to be evaluated in writing at least once a year.
- All other decisions about evaluation, including the instrument used to evaluate were left up to the local district.
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 ladder
- Financial incentives to keep good teacher teaching
8. Texas Teacher Appraisal System (TTAS)
- Was used to differentiate the regular teacher from the star teacher
- Administrators thought it was too easy for teachers, didnt reflect teachers capabilities
- Many teachers did not approve of career ladders (unfair cash incentives)
- 1993 legislature got rid of this system
- 1995 legislature made extra changes
9. PDAS (Professional Development and Appraisal System)
- Current system
- Not for all professional employees; for classroom teachers
- District must use or create their own
- If district makes their own, it must develop it through district and campus site-based decision-making committees
- Local system must reflect discipline management and student performance
- Local board must accept or reject plan en toto; cannot modify plan
10. PDAS Continued
- Includes eight domains based on indicators in the 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 of proficient with no areas of deficiency, they can be appraised less (as long as appraised every five years)
- One failure may impact several domains
- Teacher can file a written rebuttal to the appraisal
- Teachers must only be assessed on classroom performance, not extracurricular activities
- Teachers may be identified as needing assistance if they are evaluated as unsatisfactory in two or more domains.
- Supervisor and teacher must develop an intervention plan
- Teacher can be nonrenewed without the above actions taking place.
- Kinnaird v. Morgan I.S.D. (1999) Teacher was nonrenewed without an intervention plan. The commissioner approved this.
12. PDAS Documentation
- Timely documentation by administrators
- Incidents that affect teachers rating should be verified, documented , and shared with the teacher promptly
- Koehler v. LaGrange I.S.D.- supervisor failed to document and share two incidents that had adversely affected the appraisal- commissioner invalidated teachers appraisal
- Incidents should be documented and shared with the teacher within ten working days of the appraisers knowledge of the incident
13. Employment Benefits
- Planning and Preparation Period - State law: (each teacher)at least 450 minutes within each two week period for preparation, planning, conferences, grading. Each period must be at least 45 minutes long. The teacher may not be required to participated in any other activity (i.e. inservices- Strater v. Houston I.S.D., 1986)
- Duty-Free Lunch -30 minute period free from duties unless dire situations (shortage of staff, extreme economic conditions, unavoidable and/or unforseen circumstances). A teacher may not be required 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 when you were actually sick. Personal leave is different.
- Sick leave is still under the old plan
15. Castleberry ISD
- No more than two personal leave days consecutively
- No personal leave if other employee in the same category is on leave
- No personal leave on the day before a holiday
- This was approved by the court of appeals. It didnt limit days, just limited timing.
16. Personal Leave
- Can be rewarded-$1,000 stipend with certain conditions (Brady I.S.D.)
- Brady I.S.D. conditions:
- No more than five days personal/sick leave in a school year
- Teacher missed eight days and filed a grievance
- District won
17. Health Insurance/Assault Leave
- Health insurance: employees can take necessary days to recuperate from all injuries. Employees can have paid leave up to two years. Leave may not be deducted from sick leave.
- Employee placed on assault leave immediately upon request. District will investigate and may change the assault leave charge. It will affect personal days, then employee pay.
- 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 be terminated. Pregnancy listed specifically. Can only be taken during the period the doctor specifies. This is unpaid leave. Upon returning to work, the employee should have a job. This employee must be placed on their campus, unless another principal voluntarily accepts them.
- *Nelson v. Weatherwax:Employee went on temporary disability leave on same day that she received notice of intent to terminate. On her leave, the board went on with proceedings. The termination date was the day her leave ended. The court of appeals concluded that this process did not violate 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 with serious health condition; when a serious health condition prevents performance. (only 12 weeks: cantput family medical leave and temporary medical leave together.) Employees must receive their job and equivalent pay upon returning.
- Local leave policies developed by districts.Teachers may not be given paid leave to attend a meeting of a teachers professional 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 to study, research. One school year at one-half salary or one-half school year at full salary.
20. Wage and Hour Requirements
- 1985- U.S. Supreme Court ruled that the minimum-wage and maximum-hour provisions of the Fair Labor Standards Act (FLSA) apply to local government functions.
- Requires good documentation to show that employees have not worked overtime without proper compensation
- FLSA provisions apply to people in two groups:
- 3 categorie