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Personnel Issues

William Allan Kritsonis, PhD. Personnel Issues. Overview. Chapter V deals with personnel issues that arise during employment relationships. These disputes include : I. Reassignments ,Compensation, & Texas Teacher Appraisal History II. Teacher Appraisal III. Employment Benefits

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Personnel Issues

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  1. William Allan Kritsonis, PhD Personnel Issues

  2. Overview Chapter V deals with personnel issues that arise during employment relationships. These disputes include: I. Reassignments ,Compensation, & Texas Teacher Appraisal History II. Teacher Appraisal III. Employment Benefits IV. Wage/Hour Requirements, Worker’s/Unemployment Compensation, & Employee Grievances & Organizations

  3. Reassignment: J.Hughes • Most Texas teacher and administrator contracts contain a clause which states that the employee may be assigned and reassigned at the discretion of the superintendent. • Complaints concerning an illegal reassignment likely will not receive a hearing at the Texas Education Agency, unless the employee has suffered financially. • TEC 7.057 (a)(2) states, “The commissioner’s jurisdiction is limited to cases involving parties aggrieved by the school laws of this state or a 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. Reassignment: Cont. • Smith v. Nelson (2001): The court held that the commissioner did not have the jurisdiction to hear the appeal of a man who was reassigned from head coach/athletic director to P.E. teacher. There was a written contract involved, but the man’s salary remained the same after the reassignment. He tried to claim that his loss of status would make it harder for him to find good coaching jobs in the future. The court disagreed! Allegations of speculative future losses are not enough to give the commissioner jurisdiction 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 1st. 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 year’s salary schedule.

  6. Compensation Disputes: Cont. Can the district get money back from an employee if they were 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 year’s overpayments was unrelated to and could not generate deductions from teacher paychecks. The current 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 single appraiser, assessing performance in eight domains which include: • Domain I: Active, successful student participation in the learning process • Domain II: Learner-centered instruction • Domain III: Student Progress: Evaluation and Feedback • Domain IV: Management of discipline, instruction, time, and materials • Domain V: Communication • Domain VI: Professional Development • Domain VII: Compliance with policies • Domain VIII: Academic improvements in student performance

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