Texas Teacher Law

How to Save Your Contract - Term

If you are a teacher in Texas and you are worried about your contract being non-renewed, there are some things you can do to help yourself, and possibly head off the non-renewal. 

If you have a non-probationary term contract, the district has to show cause why your contract should be non-renewed, and the district has to have evidence to back up that reason.  Further, the district has to show that their reason exists at the time of the proposed nonrenewal, not merely at some time in the past.  So, for example, if you had a record of being tardy 3 days out of 5 last year, but had been on time every single day this year, the district could probably not use tardiness as a reason to non-renew you contract. 

So, if you think your contract is in trouble, here's what you need to do:

Respond to everything you get in writing, explaining how you will correct the situation (or why there was a misunderstanding and you were doing the right thing all along) and then follow through.  Write a followup note saying that the correction has been made. 

Make sure the principal knows all the good things you've done and that parents have praised you.  Put these things in writing.  If you have an oral conversation with the principal, do a followup note summarizing the conversation. 

If you have a growth plan, get it completed and send the principal a report on everything you do. If there is something in the PGP you can't get completed, send a note recording the steps you took to try and do it, and what kept you from getting it done (no seminars on the topic scheduled, team leader was invited to your class to observe but never made it, etc).

The point here is to create a record of how you have attempted to meet all the expectations placed on you. If you do this, one of two things might happen.  The first and best thing is that the principal might get information he/she would otherwise have missed that will cause the threat of non-renewal to evaporate.  

The second is that if you get a proposed non-renewal, you may have the evidence to show the reason for the proposal is either non-existent or no longer exists because you corrected the concern. 

If you need help, contact your teacher association or me. 

How to Save Your Contract - Probationary

If you are a teacher in Texas and you are worried about your contract being non-renewed, there are some things you can do to help yourself, and possibly head off the non-renewal. 

If you have a probationary contract, your goal is to determine why, even though no one has to tell you why.  But you usually know anyway, so here's the rundown:

If you're in danger of non-renewal because . . .  

1.  . . . you and the principal don't get along, then make an honest assessment of why. If it's just the wrong fit, then start looking for transfer options.  If the two of you are somehow out of synch and you could fix this by adjusting something you are doing, then sit down with the principal and have a conversation.  

2. . . . a teaching position has to be cut from the campus, then you just need to start preparing for the job hunt. 

3. . . . your principal is iffy about your performance, then you need to make sure you let the principal know you can successfully address his/her concerns, AND that you WILL address his/her concerns.  Then do it and make sure the principal gets a note or a visit from you about what you've done. 

Because the non-renewal of a probationary contract does not have to be backed up by evidence of poor performance, you will only be able to save a non-renewal of a probationary contract if you are attentive to the principal's concerns, charming, and a hard worker that demonstrates a willingness to adapt.  

The exception to the above is that it is still illegal to non-renew a probationary contract on the basis of age, race, ethnicity, disability, and a few other things.  But it will be up to you to show that is the reason for the non-renewal, so pay attention and keep documentation of events and comments if you think that is going on. 

Preparing for Your Teacher Appraisal

Teacher appraisal season is in full swing. and if the thought of someone watching your every move while you try your best to keep a roomful of students under control and learning causes you to get the shakes and sit up nights worrying, just know that you are not alone.   Here are some tips on how you can regain some control over the process. 

1. Be sure you understand how appraisals are done at your school.  While most aspects of the process are mandated by the state and are the same in every school, some things are not.  Find out who will do your observation, if you will get advance notice, and if you can refuse certain times. 

2. Ask for a pre-conference with your assigned evaluator.  This gives you a chance to prepare the evaluator for what he/she will see. Talk about your teaching style and any peculiarities of your classes. 

3. Immediately after your observation, write up notes on how you think it went, noting anything unusual that happened or anything you think the evaluator may not have fully understood. 

4. Write a follow-up note to the evaluator summarizing the class and adding any information you think might be helpful (such as that the student who didn't answer you and you didn't correct wears a hearing aid that doesn't always work).

5. If you're happy with the appraisal report, celebrate with a piece of chocolate or a bouquet of flowers for yourself. 

6. If you're not happy with the appraisal report, ask for a conference and outline your concerns.  If you are still not happy after the conference, write a response for the file and consider whether you should file an appeal.  

You can get help from your teacher association, or me!

Too Dedicated to the Job?

I came across a commissioner's decision from a few years ago about a term contract non-renewal in Bryan ISD.  The district had non-renewed an assistant principal, who appealed to the commissioner and lost, mostly on procedural issues, but who very likely would have lost anyway. But I was very interested in what the assistant principal had done that led to the non-renewal. 

One of the primary duties of an assistant principal is taking care of discipline. And apparently, this AP took her job very seriously.  So seriously, in fact, that in another incarnation of this story she might have been the subject of an inspiring movie.  But in real life, it is possible to take your job too seriously and to lose sight of the very legitimate limitations that we all must work within. 

The school district said that the AP was not following district policy, and that she had been warned several times.  Two of the district's concerns were these:

•       Excessive numbers of citations made by law enforcement authorities at [AP's] request and student suspensions for disciplinary reasons that were out of compliance with board policy
•       Having twice as many disciplinary actions than any other assistant principal and more than all of the other principals combined.

I actually think a good case could have been made that these reasons are not, by themselves, an indicator that she was not acting appropriately.  Presumably the citations were properly made by the law enforcement officers.  The fact that she made use of this resource more than other principals might mean a number of different things.  it could mean that she was making use of a resource other principals were ignoring (which would make want to question how well other principals were handling discipline).  It might also mean that her campus simply had more disciplinary problems than others.  of course, it could also mean that there were more disciplinary problems because she was unable to get control of the problem, or it could mean that she was skipping less severe disciplinary techniques in favor of skipping right to the police.  Without a good inquiry into the facts, it's impossible to know whether the number of disciplinary actions she had under her watch were an indicator of incompetence or not. 

But the reason the board non-renewed her that really go me was this one:

•       Suspending students for more than the three days permitted by board policy. 
  
•       Violating federal special education laws and regulations by changing the placement of a student with disabilities for more than the permitted ten day period.  
  

Although it's stated as two problems, it's really the same thing: she was suspending students for longer than allowed by law and district policy.  Some may say this is a "get tough" stance that is sorely needed in difficult schools.  Even if there were some evidence that her methods were effective (and I'm not saying they were, there's no information about that in the case), it's not up to an individual to change policies that have already been set by a higher authority.  Actually, let me rephrase that - not only is it not up to an individual to unilaterally change the policies, it can also be illegal, as well as insubordinate and likely to get you fired.  

Tax Benefits for the Disabled

Philadelphia's delightful Tax Girl writes today about tax benefits for the disabled.  Read through her post and make note of anything that might apply to your situation.  If you use a tax preparer, make sure you mention what you find.  Although professionals - like lawyers, doctors, and tax preparers - usually know what kinds of questions to ask when someone comes to them for help, it's also your responsibility to make sure you pass on any information you think might be relevant.  The advice you get from any of your advisors is only as good as the information you give them about yourself. 

Check out Tax Girl's post. 

You're Not Under Contract Until the Board Says You Are

If you are hired to teach in a Texas school district during the school year, there's a good chance you may wind up working for a few days before the school board meets to vote on your contract.  It happens this way: a position comes open, and the principal needs to fill it ASAP.  A few interviews are held, the principal makes an offer, and the new teacher goes to work the next day because she needs the money and the school needs a teacher.  

A couple of weeks later the school board meeting occurs and the proposed teaching contract comes before the board for a vote.  If the board votes to hire the candidate, everyone is happy and things go on without anyone even noticing.  But in the small number of cases where the board votes not to hire the teacher who is already working in the classroom, what rights does the teacher have?

The teacher does have a right to be paid for the time spent working for the district, but the pay and employment rights will be those of a substitute teacher.  A contract cannot be formed between a teacher and district simply by putting the teacher to work.  Without the affirmative action of the board, there is not contract.  This was clearly stated by the Commissioner of Education in Olivarez v. La Villa ISD.