A reader sent me a great question the other day. I’m sure there are many of you out there in a similar position, so she gave me permission to print the question and answer it here for all of you.
“I work for and ISD in San Antonio and I have really enjoyed reading your blog on TX Educator Law. It is quite difficult for teachers to find effective advice on issues in school districts, particularly since Texas school districts "govern themselves." I appreciate efforts such as yours to help educators know when something is actionable or not. It's often difficult to tell.
I have been wondering if educator law applies to all certified educators in a school district, regardless of their job roles? Or if it only applies to contracted, certified teachers in a classroom?
Currently, I work in the Central Office as a teacher educator and am no longer in the classroom. There are about 50 staff in positions that require a valid TX teacher certification, but who are not on contract. We are considered at-will employees. Do we still have the same rights as when we were in the classroom? Or did our rights, such as fairness and accuracy on appraisals, dissolve when moving up to positions in Central Office??
For example, TAC 150.1003 specifies "Any third-party information from a source other than the teacher's supervisor that the appraiser wishes to include as cumulative data shall be verified and documented by the appraiser. Any documentation that will influence the teacher's summative annual appraisal report must be shared in writing with the teacher within ten working days of the appraiser's knowledge of the occurrence." In contrast, the Board Policy regarding "other professional employee appraisals" does not prohibit unverified third party hearsay used for an appraisal or specify adverse information must be provided in writing within 10 days. If a supervisor uses unverified third-party hearsay to downgrade a certified employee (in a position where certification is required), or fails to inform them of adverse information within 10 days, are they violating TAC 150?
I have seen our supervisors mark staff down with "surprise" issues, many brought to her by third parties, which we know is not acceptable at a campus. It seems to me they can argue that b/c their position requires the certification from TEA, that they are entitled to the same legal rights/protections under that certification.
Your insight is greatly appreciated.”
The education code covers all Texas independent school districts. Part s of the code also applies to charter schools. But not all parts apply to all employees. This question specifically asks about the rules regarding appraisals. The writer refers to TAC 150.1003. TAC stands for the Texas Administrative Code, which contains the rules adopted by the State Board Of Education or the commissioner for the purpose of implementing the Texas Education Code, which are the actual laws enacted by the state legislature. So for example, the Education says that all classroom teachers, counselors, and administrators must be appraised. The commissioner of education then created the specific rules regarding those appraisals, which are found in TAC section 150.
There is no requirement in the education code for appraisal of certified professionals who are not classroom teachers, counselors, or administrators, so the rules in TAC 150 do not apply. That’s the short answer to your question.
The longer answer is that when a district does appraisals of non-classroom teachers (or any other employee, for that matter), the appraisal should adhere to basic principles of fairness or they won’t be very useful to the district for making job-related decisions. An employee who receives an appraisal that seems unfair always has a right to respond in writing or file a grievance saying that the appraisal is not a fair picture of their performance.
I want to address an-offhand comment the writer made. She mentioned that there are about 50 central office staff in her district who are required to hold teaching certificates but who are employed at-will (that is, without a contract). The Education Code requires that ALL FULL-TIME professionals who are employed in a position that requires them to hold a certificate must be employed with a contract. The contract is a great benefit because it gives you the assurance of employment throughout the entire year, and it limits the district’s ability to let you go (fire you) without telling you why, plus the district has to be able to produce evidence that the reason actually exists. If the reader works full-time, she should have a contract.
Salary, however, is different under the Education Code for non-classroom teachers. Classroom teachers, full-time librarians, nurses and counselors are entitled to pay under the minimum salary schedule. Other professional staff are not, although most districts do use the same or very similar pay schedule for them.
Other employment rights, such as the right to file a grievance, the right to be free from illegal discrimination, and the right to temporary disability leave for you or your family members apply to all employees.
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