2014 tepsa november/december news

Serving Texas School Leaders November/December 2014 Vol. 71, No. 6 www.tepsa.org

Texas Elementary Principals & Supervisors Association

Inside

TEPSA News

Best Practices with Tom W. Manypage 8

Parent Opt Out Testing Movement Gains Momentum

Tech Lab with Trae Kendrickpage 16

Mistakes School Leaders Make with Grant Simpsonpage 7

Legal Ease with Kevin Lungwitzpage 10

While issues over the frequency and emphasis on standardized tests in public schools continue to be debated, some parents are moving to opt their children out of state testing. Several Texas principals have received letters from parents requesting an exemption from STAAR-related activities and assessments. If you receive a letter TEPSA strongly encourages you to:• Review the current Policy

Guidance “Opting Out of

Standardized Tests” from the Texas Association of School Boards (Visit http://bit.ly/TASBoptout).

• Contact your central office regarding a response.

• Call the TEPSA office at 800-252-3621 if this issue arises on your campus and you have additional questions.

See listing in the right column or visit www.tepsa.org to learn more about the opt-out movement.

84th Legislative Session Begins in January - Stay InformedPrefiling of bills for the 84th Texas Legislature begins in November. Lawmakers convene January 15, and the session runs through June 1.

TEPSA leaders have been following the work of interim committees. The association’s 2014 Legisla-tive Position will be shared with lawmakers during visits to the state capitol in January and February.

The position, based on member re-sponses from the legislative survey, is written by the Advocacy Com-mittee under the leadership of Pam Mitchell, Coppell ISD, and Lisa McLaughlin, Deer Park ISD.

School finance, vouchers and pre-kindergarten are expected to domi-nate education discussions at the Capitol. While TEPSA staff closely monitors the session and speaks

for members, your input is crucial. Here’s how to stay informed:• Join the Legislative Network to act on time sensitive alerts. Email [email protected] to join. • Starting in January, tune in Wednesdays from 1-1:30pm (Central) for Mark Terry’s weekly legislative update webinar.• Get background information on issues in the Legislative section at www.tepsa.org.

ResourcesTexas Association of School Boards Policy Guidance: http://bit.ly/TASBoptout

Texas Parents Opt Out of State Tests:http://bit.ly/txparentoptout

Compilation of Texas News and Texas Education Code: http://bit.ly/txcompilation

FairTest - National Center for Fair and Open Testing: http://bit.ly/fairtestnews

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TEPSA News www.tepsa.org 3

TEPSA President/Belinda Neal, EdD

Region Presidents Dianabel Gómez-Villarreal La Joya (1) Annette Sanchez Beeville (2) Laura Longoria Victoria (3) Christina Hopkins Fort Bend (4) Paul Shipman, EdD Beaumont (5) Leah Russell Navasota (6) Tana Herring Elkhart (7) Missy Walley Chapel Hill (8) Stacey Darnall Burkburnett (9) Pam Mitchell Coppell (10) Ronnita Carridine Fort Worth (11) Wendy Haider Killeen (12) Martha Werner Round Rock (13) Kim Jones Clyde (14) Lynn Schniers San Angelo (15) Reagan Oles Claude (16) Ann Callaway Meadow (17) Tanya Bell Midland (18) Michael Mackeben Clint (19) Graciela Martinez Edgewood (20)TEPSA regions coincide with regional education service center boundaries.

Staff Harley Eckhart Executive Director Joni Carlson Director of Meetings Cecilia Cortez de Magallanes Marketing & Communications Manager Shannon Durling Marketing & Communications Assistant Ann Hopkins Membership/Standing Committees Coor. Kirsten Hund Associate Executive Director for Instruction Anita Jiles Associate Executive Director for Marketing & Communications Ken Jones Controller Trae Kendrick, EdD Chief InformationOfficer Elizabeth Kernan OfficeManager Kristina Mora Student Council & Exhibits Coordinator Louis Silvas Webmaster Mark Terry Deputy Executive Director

TEPSA NewsPublished six times a year by Texas Elementary Principals and Supervisors

Association. Subscription is included in TEPSA membership dues. Postage paid at Austin, Texas.

Articles may be reproduced by TEPSA members without written request, providedthatduplicationisforaneducationalpurposeatanonprofit

institution; copies are available without charge; and each copy includes full citation of the source.

Copyright © 2014 by the Texas Elementary Principals and Supervisors Association.

ContactTEPSA 501 East 10th Street Austin, TX 78701

512-478-5268 800-252-3621 Fax: 512-478-1502 www.tepsa.org

Executive Committee Belinda Neal, EdD President, Lindale Eddie Damian President-Elect, Fort Bend Nancy Tovar First Vice President, El Paso Manuel Gonzales Second Vice President, Frisco Yolanda Delaney Secretary, Canyon Victorius Eugenio NAESPRepresentative,Mansfield Harley Eckhart TEPSA Executive Director

Standing Committee Chairs and Vice Chairs Pam Mitchell Advocacy Chair, Coppell Lisa McLaughlin Advocacy Vice Chair, Deer Park Stacy Davis Membership, Marketing & PR Chair, Frenship Nayeli Carriaga Membership, Marketing & PR Vice Chair, Sharyland Lauri Schroeder Programs & Services Chair, Elgin Sue Wilson Programs & Services Vice Chair, Longview Dianne Timberlake Special Committee on Elections, Hardin-Jefferson Sharon Wright Nominating Committee Chair, Plainview Scot Clayton Nominating Committee Vice Chair, Henrietta

Texas Elementary Principals & Supervisors Association

Real Classrooms. Real Results.TM

Students and teachers can work in print and online.You get both!

800.585.5258Call today!

Same great content in two easy-to-use formats.

It’s the most wonderful time of the year!Don’t you just love this time of the year? Routines and procedures are in place, and your new students and staff mem-bers are settled in to your school family.

There is an excitement in the air as the holiday season approaches. Many sights, sounds and smells take us back to our own childhood years. For many of us, our fond memories are shared with our families. I can close my eyes and almost taste my Mema’s pecan pie! During this time of the year, I’m reminded of the lyrics of an old song by the Carpenters:

“Oh, there’s no place like home for the holidays,For no matter how far away you roam When you long for the sunshine of a friendly gaze,For the holidays, you can’t beat home, sweet home!”

The song continues, “If you want to be happy in a million ways, for the holidays, you can’t beat home, sweet home.” As we continue cheering for children, my wish is for our schools to be full of “friendly gazes” and our campuses to be places where we are “happy in a million ways.”Early in my career as a principal, I learned a valuable lesson from a precious student. As the holidays approached, his behavioral disruptions increased drastically. We were carefully studying his schedule to determine exactly what could be causing such stress in his day. Was it a certain class? A specific area of the build-ing? A transition? Another student? Unfortunately, it was the reminder that not every child has a “home, sweet home!” On the morning announcements, I had been joyfully counting down the days until the holidays, sending him into panic mode. Each announcement was a reminder that in a few short days he would be faced with the harsh realities of his little world. Our school was a happy place where he ate two hot meals a day, didn’t have to worry about being cold, and there were lots of people to smile at him and hug him. It was a lesson that led me to promise as a principal, I would do everything in my power to ensure we would never send a message to kids in any way that we could not wait to be somewhere else. I also vowed, despite a rigorous curricu-lum and testing standards, we would take time to celebrate with students and make memories and connections that last far longer than test scores. Ironically, a few years later, on Christmas Eve, I re-

ceived a call from CPS that he and his siblings had been removed from their home and would not be returning to my campus. Let’s remember, we may never know when our students are anxiously waiting to get back into our classrooms. Let’s make each day

“happy in a million ways.”

May your days be merry and bright! Keep cheering for children!

4 www.tepsa.org November/December 2014

News BriefsFree App Helps Prevent BullyingA free iOS and Android app from the Substance Abuse and Mental Health Service Administration (SAMHSA) called KnowBullying, includes a special section to help educators prevent bullying. Learn warning signs to help recognize if a child is bullying or being bullied and get tips for starting conversations about bullying with children. Learn more at http://bit.ly/knowbullyingapp.

Source: Substance Abuse and Mental Health Service Administration. http://store.samhsa.gov/apps/bullying/.

Best States for TeachersThe Washington Post has compiled inter-active maps that look at five sets of data about teaching across the country includ-ing teacher salary and classroom size. View maps at http://bit.ly/teachermaps.

Source: Schwarz, H. (2014, September 3). “Five maps that show the best states for teachers.” The Washington Post. Available at http://www.washingtonpost.com/blogs/govbeat/wp/2014/09/03/5-maps-that-show-the-best-states-for-teachers/.

A Brookings Institution report shows that since 2000, the number of Americans living in poverty in the suburbs has grown signifi-cantly. The report is based on analysis of the U.S. Census Bureau’s American Community Survey data for 2008 through 2012 from the nation’s 100 largest metropolitan areas. Additional findings:• Suburbs now have nearly as many poor residents in high-pov-

erty neighborhoods as cities.• Between 2000 and 2008-2012, the number of suburban poor

living in distressed neighborhoods grew by 139 percent—al-most three times the pace of growth in cities.

• Minorities continued to make up a disproportionate share of residents in higher-poverty suburban tracts and experienced concentrated disadvantage at higher rates than white residents.

• In 2008-2012, 23 percent of poor white suburban residents lived in higher-poverty tracts, compared to 53 percent of poor blacks and 54 percent of poor Latinos in suburbs.

Source: Kneebone, E. (2014, July 31). “The Growth and Spread of Con-centrated Poverty, 2000 to 2008-2012.” Brookings Institution. Available at http://www.brookings.edu/research/interactives/2014/concentrated-poverty#/M10420.

Poverty On the Rise in the Suburbs

Maltreatment of ChildrenAccording to the latest data from the National Child Abuse and Neglect Data System, in 2012 approximately 604,000 children experienced confirmed maltreat-ment. Forty percent of these children were younger than age 5, and 73% were younger than 11. This group’s representa-tion among maltreated children rose by 11% between 2004 and 2012. The high-est maltreatment rates were in Arizona, where 48% of children younger than age 5 were maltreated, followed closely by Oklahoma, Nevada and Texas (47%).

Source: The Annie E. Casey Foundation Blog. (2014, July 30). “Young Kids are a Large Portion of Maltreated Children in United States.” Available at http://www.aecf.org/blog/young-kids-are-a-large-portion-of-maltreated-children-in-united-states/.

The Texas Education Agency announced that it would apply for its share of $160 million in total federal funds geared to help states ex-pand preschool access for low-income students. The state currently pays for half-day preschool programs for public school students from low-income, non-English-speaking or military families. If awarded a federal grant, Texas will be eligible to receive up to $30 million annually over a four-year period to expand programs.

Source: Smith, M. (2014, September 16). “With PreK grant, Texas switch-es gears on federal cash.” The Texas Tribune. Available at https://www.texastribune.org/2014/09/16/texas-will-apply-obama-administration-pre-k-grant/.

Texas to Apply for Federal PreK Expansion Grant

Learn more about how your association helps support Texas principals and students on TEPSA’s newly launched blog. Dep-uty Executive Director, Mark Terry, shares news and updates as well as a behind the scenes look at happenings at the state office in Austin. From hosting Dr. Dominique Klein from the Universi-tat Duisburg Essen, Germany, who is studying the importance of principals in efforts to improve the performance of low-perform-ing schools, to meeting some of his former students for lunch, Mark’s days as a TEPSA Ambassador are quite varied! Read and subscribe to the blog at http://tepsatalk.blogspot.com.

New TEPSA Blog Launched


Current Research

K-2 is when the foundation for learning is laid and thus, a critical time to ensure kids get off to a great start! What role does K-2 play in the big picture? How do you build a founda-tion of knowledge for student success? What does rigor look like in the primary grades?

Join lead4ward and TEPSA for a day of learning focused on creating a strong foundation and answering these important questions and more! Explore developmentally appropriate as-sessments that lead to sound instructional practices for K-2 and develop an understanding of how to record multiple measures of student progress through data recording and reporting.

Fall workshop at the San Antonio Omni Colonnade: Nov 18 or 19Spring workshop at the Irving Convention Center: April 8 or 9

Learn more at www.tepsa.org.

Ready from the STAART! K-2 Learning Conference presented by lead4ward and TEPSA

Attendance Works Report: Absences Add Up Elementary Homework IncreasesResults from a recent Attendance Works study shows that students in poverty are more likely to be absent and that students who attend school less are among the lowest performing on tests. The report also shows that:• Attendance in the first month of school can predict students’

absenteeism for the entire year.• Regardless of socioeconomic status, chronic absence is correlated

with a drop in student performance of one to two grade levels.• Missed days in preschool and kindergarten often result in sig-

nificant pitfalls in fundamental math and reading skills.

The report, “Absences Add Up: How School Attendance Influ-ences Student Success,” is based on 2013 results of the National Assessment of Educational Progress (NAEP). The study com-pared attendance rates and NAEP scores for every state and for 21 large urban areas and categorized students missing school by location, race and socioeconomic status.

Read the full report: http://bit.ly/absencesaddup.Access toolkits for teachers and parents: http://bit.ly/awtoolkits.View interactive data: http://bit.ly/interactivedata.Sources: Ginsburg, G., Phyllis, P. & Chang, H. (2014, August). Absences Add Up:How School Attendance Influences Student Success.” Attendance Works. Available http://www.attendanceworks.org/wordpress/wp-content/uploads/2014/09/Absenses-Add-Up_September-3rd-2014.pdf.Lurie, J. (2014, September 2). “Which states’ kids miss the most school?” Mother Jones. Available at http://www.motherjones.com/politics/2014/09/chronic-absent-atten-dance-school-education.Barrett, B. (2014, September 5). “Adding the absences and coming up short.” New Amer-ica EdCentral. Available at http://www.edcentral.org/adding-absences-coming-short/.

A recent study which looked at homework levels between 1984-2012 for students ages 9, 13, and 17 shows that the level of homework has increased for elementary students. The level of homework assigned to middle and high school students remained the same. The study, conducted by the Brookings Brown Center, found that the percentage of nine-year-olds with no homework fell by 13 percentage points, and the percentage with less than an hour grew by 16 percentage points.

View study at http://bit.ly/homeworkstudy.Read some of the arguments for and against homework at http://bit.ly/homework2.

Source: Chua, K. (2014, September 15). “Homework in elementary school divides educators.” Education Week Teaching Now Week. Available at http://blogs.edweek.org/teachers/teaching_now/2014/09/homework_in_elementary_school_divides_educators.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+feedburner%2FTeachingNow+%28Teaching+Now%29.

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Mistakes School Leaders Make/Grant Simpson, PhD

Read more from Dr. Simpson in the Resources section at www.tepsa.org.

Dr. Grant W. Simpson is Dean of the School of Edu-cation at St. Edward’s University. He also serves on the State Board of Educator Certification with a term expiring February 2017.

The delusion of uniqueness bears a second look because it triggers two of our old friends: First, the ever present urge to “do something,” and second, that handy box of bandaids in our back pocket poised to fix any situation. In our increasingly complex and complicated world, we are going to bump into a lot of pain. So on any school day you may encounter angry parents, distressed teachers and troubled students. Some days it’s all of the above. Understanding that awful “I am the only one...” place equips us to be helpful in different ways. Consider Robbie.

As his principal for three years, Robbie was a sixth- grader I knew well. His harrowing life story included horrendous abuse that led to multiple placements in foster homes, years of anti-anxiety medications, and learning challenges. Unlike many who acted out such frustrations, Robbie suffered quietly. If he were lined up with a 100 peers, you would pick him out immedi-ately. His differences stood out. However, things were better, and his current foster parents had adopted him.

Robbie’s caring, wonderful teacher, Nancy, asked me to observe the new classroom meetings she was imple-menting, a forum with daily prompts in which students could relate the ups and downs of their lives in a struc-tured setting. Today’s topic was “Something that made me feel bad.” Nancy elicited the ground rules for the ses-sion with students readily stating, “If you want to share you can.” “Everyone gets listened to.” “We don’t make fun or argue about what others say.” Hands sprung up around the circle. The first student said, “I felt bad when my dog got run over.” Nancy, as per teacher manual, fed back what he said word for word and then probed with “Is there another word for that bad feeling?” The student replied, “I was sad.” Textbook!

Now this was sixth grade, and the next four students related increasingly gruesome stories of squashed ani-mals. Well-trained Nancy countered with, “We’ve had a lot of hurt pets. Has someone got something different?” Up went Robbie’s hand. I shuddered because I knew what was coming. Robbie had recently missed a couple of days of school to attend a funeral in Chicago. His mother called me to ask whether she should take him to

her dad’s funeral. Knowing that Robbie had spent part of the summer with him and really bonded, I assured her that this was not only appropriate, but necessary for closure. Sure enough, Robbie says, “I felt bad when my Grandpa died.” Nancy repeated his words and asked if he could name that bad feeling. Robbie immediately said, “Yes, I felt it was my fault.”

DING, DING, DING! The room grew silent, then students began to buzz, and warmhearted Nancy jumped for the bandaids, “Oh Robbie, he was in Chicago, you couldn’t have had anything to do with that!” Comforting words? Yes. Awful move? No. What Robbie needed? Absolutely not. Robbie didn’t need to feel any more different than he already was. Moreover, that uncomfortable feeling of guilt was entirely predictable and all over the room. Nancy missed a teachable moment by not turning to oth-ers and saying, “Sometimes a death can make us feel guilty. Did anyone feel that with their lost pet?” BOOM. The stories would have come, and suddenly, Robbie is not all alone in his pain.

This was a dramatic moment and is forever etched in my memory, but it was not traumatic. Nancy recov-ered nicely and conducted the rest of the meeting in a supportive manner. She then got the students started on their next activity, and we were able to talk in the hall for a few moments. She quickly saw the error and found a way to confer with Robbie privately before the day’s end to help him understand that he was not alone in that bad feeling. In our hectic lives, we speed by a lot of these mo-ments, but when the bell rings and we are conscious of what is going on, the mistake not to make is denying or attempting to explain away the pain. It’s already there. So replace “There’s no good reason to feel that way!” with “That must feel bad.”

Delusion Redux


Best Practices/Tom Many, EdD

“If everything is important then nothing is important.” -Patrick Lencioni

One of the hoped for benefits of adopting consistent state and national standards was better alignment and a more coherent curriculum. Educators expected that a common set of standards would generate greater consistency around what was taught from grade to grade and school to school. Unfortunately, rigid adherence to the belief that “every standard is equally important thus, every standard must be taught” is actually creating opportunities for more, not less variance in classroom curriculum.

Teachers recognize that not all standards are equally important and routinely make decisions of what and what not to teach. However, since the practice of pri-oritizing standards is neither sanctioned nor supported in most districts, teachers are left to figure things out on their own and approach this task without the benefit of consistent criteria. According to Larry Ain-sworth, “Left to their own professional opinions when faced with the task of narrowing a voluminous number of student learning outcomes [standards], educators naturally pick and choose those they know best, like best, the ones for which they have materials and lesson plans or activities, and those most likely to appear on state tests.”

The practice of prioritizing or identifying the most important standards based on unique and individu-

ally created criteria leads to inconsistent choices by teachers, undermines the consistency of what stu-dents experience in classroom, and creates exactly the opposite effect of what educators hoped for when the various state and national standards were adopted.

The truth is that while all the standards are important, some are more important than others. We can begin to make an important shift by acknowledging what we already intuitively know and support teachers’ efforts to identify the most important, high priority standards in systemic and systematic ways. (For a description of how to prioritize the standards see Pri-oritizing the Standards Using R.E.A.L. Criteria, TEPSA News, January/February 2014, Vol. 71, No. 1).

“Learning has little or nothing to do with what a teacher covers. Learning has everything to do with what students can accomplish.” -Harry Wong

Any reasonable definition of teaching incorporates the notion that learning has taken place. The purpose of teaching the standards is to ensure students learn the knowledge, skills and dispositions described with-in the standards. Thus, by definition, ‘teaching’ the standards is different than ‘covering’ the standards.

Despite successful efforts to refine and improve stan-dards at the state and national level, most teachers continue to believe there are still too many standards to teach. An unbending belief that “every standard is

Are We Making A List or Delivering On A Promise:The Unintended Consequences of Believing All Standards Are Equal

Administrators from districts across the nation continue to express their belief that “every standard is equally important thus, every standard must be taught” but by perpetuating that belief, they create unanticipated consequences for their schools.


Dr. Tom Many is an author and consultant. His career in education spans more than 30 years.

equally important thus, every standard must be taught” forces teachers to abandon the deep, meaningful mas-tery of the most important standards in exchange for the broad, superficial coverage of all the standards.

In some districts, administrators have enacted poli-cies and procedures that require teachers to document when and where they have addressed each and every standard. This policy sends the wrong message and places the emphasis on quantity rather than quality. (A far better approach would be to identify and track mastery of the high priority standards.) While many teachers will do their best to ‘cover’ all the standards, most will not be able ‘teach’ them all to mastery.

We know people support that which they help create so, the critical question is, “Have teachers—those responsible for helping students master the stan-dards —been involved in deciding which standards teachers should teach and students should learn or have teachers been handed a list of standards desig-nated and decided upon by someone else?” Even the exceptional teacher who ‘covers’ all the standards will find it difficult to adequately assess them all, and even more challenged to remediate them all. Insisting that every standard be taught, regardless of a standard’s relative importance to the student or other standards, promotes compliance to district policies rather than a commitment to student learning.

Teachers should be encouraged to exercise sound pro-fessional judgment and focus on teaching—as opposed to covering—the most important standards. We must reject the notion that ‘covering’ the standards is an ac-ceptable alternative to ‘teaching’ the standards.

“The purpose of unwrapping the standards is to get at the essence of what we expect stu-dents to learn.” -Nicole Dimich Vagle

Another consequence of believing that “every stan-dard is equally important thus, every standard must be taught” is that teachers are often required to teach all the standards without the opportunity to thoroughly understand the standards. If standards truly define what teachers should teach and students should learn, princi-pals should engage teachers in a process of prioritizing and then unwrapping the most important standards.

According to Nicole Vagle, “The purpose of unwrap-ping standards is not to create another standards document, instead, it is to get at the heart, at the very essence of what we expect in student learning.” It is by understanding the essence of each standard that teachers are able to create engaging and effective classroom lessons.

Doug Reeves suggests the only time the argument that “every standard is equally important” makes sense is when every student is working at or above grade level and therein lies the problem. It would be rare indeed to find a class, school or district where every student was working at or above grade level. Teachers know they must constantly adjust and prioritize. They recognize it makes no sense to teach a standard for which students lack the necessary pre-requisite skills. The best teachers formatively assess their students, identify their instructional level, plan lessons that address the missing prerequisite skills, and remediate any gaps in student learning before moving on to teaching the grade level standards.

The most successful principals engage teacher teams in a collaborative process to promote deep understanding of the rigor, content and connection of one standard to another. Arguing that, “every standard is equally important thus, every standards must be taught” only discourages teachers from taking the time to under-stand the standards so crucial to their student’s success.

“You are not making a list, you are making a promise. This is the information we promise our students will learn.” -Tim Brown

Whether state and national standards result in higher levels of student learning will depend, in large part, on the beliefs administrators hold regarding the implementation of the standards. Will standards be used to guide instruction or will they be measures of accountability with consequences for individual teachers, students and schools?

Tim Brown asks educators to reflect upon what they believe about standards. On one hand, if teachers look at standards as the content they are required to cover during a particular class, course or grade level, they will likely generate a list of standards to post on the walls of their classrooms. On the other hand, if teachers look at standards as a promise they make, they will more likely make the commitment to ensure students master the standards.

The answer to Brown’s question—whether we are mak-ing a list or delivering on a promise—will go a long way to resolving some of the unintended consequences created by the belief that, “every standard is equally important thus, every standard must be taught.”

Read more from Dr. Many in the Resources section at www.tepsa.org.


Legal Ease/Kevin Lungwitz

A student is injured. What are the potential legal consequences that may arise out of this incident? Can the teacher and principal be sued for injuries sustained by a student which are caused by another student or employee? The topic of school employee liability is too complex and the nuances too great for the confines of this space, however, there are a few general rules that are good to know, and then I will leave you with some simple practice tips that will help you stay in the schoolhouse and out of the courthouse.

You Are Generally Immune From Negligence Claims A negligence claim is a common legal cause of action alleging that the defendant made a legal mistake by doing—or failing to do—something that caused harm to another. Think: negligent supervision of children; negligent hiring; negligent training of staff. The good news for professional school employees is that these claims are barred. Immunity is like a legal suit of armor. Texas Education Code §22.0511 provides general immunity from lawsuits involving negligence claims against professional school employees when the acts: 1. are within or incident to the employee’s scope of

duties; 2. involve the employee’s judgment or discretion.1

For every rule there are exceptions. The generalized immunity—or legal suit of armor—can be pierced: •when a school employee uses excessive force or

negligence in discipline (i.e., corporal punishment) resulting in injury;

•when a school employee is involved in the operation, use or maintenance of a motor vehicle resulting in injury.

You Have Qualified Immunity From Federal Civil Rights ClaimsA professional school employee may be accused of violating the civil rights of students or staff. As a general rule, public officials acting within the scope of their official duties are shielded from civil liability by the qualified immunity doctrine which protects school officials when “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” For instance, a principal who prohibited the distribution of Jesus candy canes at the winter break party because she did not want the school to become involved in a potentially controversial religious topic violated the civil rights of an elementary school child. However, since this right was unclear at the time—not even clearly known to the school lawyers—the principal was found not liable.2

Lawyers for injured parties know negligence claims are barred, so many negligence claims are creatively pled as constitutional claims. However, when the harm was allegedly caused by a mistake, as opposed to an intentional and/or egregious act, it is a negligence claim. While not always the case, constitutional claims will usually jump off of the page. You know them when you see them.3

A supervisor may theoretically be liable for the unconstitutional acts of a subordinate employee, and possibly the harmful acts of a non-governmental actor (such as another student, parent or other person not employed by the school) if the supervisor is aware of such acts causing harm to another, and is “deliberately indifferent” to such harm.4 Deliberate indifference

Minimizing Your Personal Liability As A School Employee


legal easeWebinars with Kevin Lungwitz

Free for members! Join Kevin Lungwitz for current education law updates and information on legal hot topics. Archived recordings are available 24/7 to all TEPSA members. Visit www.tepsa.org.}

Upcoming WebinarsNovember 13: Minimizing Your Personal Liability as a School EmployeeAs a TEPSA member, you have liability insurance to defend and protect you, but it won’t insulate you from the hassle and headaches of a lawsuit. It also won’t shield you from the collateral damage often done to your professional reputation in situations like these. Learn 10 smart tips to minimize your professional li-ability and stay on campus and out of the courtroom!

December 11: Unhappy Endings: Update on Nonrenewal and TerminationCertainly not a happy holiday topic, but a timely one as you are wrapping up the fall semester and heading into spring where employee evaluations and contract recommendations occur. Get the latest update on nonrenewals and terminations and learn to make wise and legally defensible decisions in these often delicate situations.

is a low hurdle to clear. Deliberate indifference is basically a complete failure to act. The inverse of being deliberately indifferent is doing “something.” While your employer may require more, federal law only requires that you not ignore known, student harm.

Ten Practice Tips to Minimize Your Liability1. Err on the side of protecting student safety and the law will likely follow. If the driving force behind your reasonable actions was to protect kids, the law and courts will likely be on your side. 2. Take allegations of student harm seriously. Document your investigation and actions and tell your supervisor. Don’t be “deliberately indifferent” if you become aware of a student being harmed or bullied by anyone. 3. Call CPS or law enforcement as soon as possible —but certainly within 48 hours—if you have reason to believe child abuse or neglect has or may occur. Failure to report child abuse is a class A misdemeanor. (Up to one year in jail and up to a $400 fine.)5 4. Keep parents promptly informed when something out of the ordinary occurs with their child. Parents have been known to get angrier, more suspicious, and maybe more litigious when left in the dark than if they are confronted early with difficult information. 5. Promptly and properly document staff performance issues to support your evaluation and employment recommendations. Documentation of marginal or

incompetent performance is primarily a professional growth tool for the employee. Your failure to properly document will only fuel the accusation that your discipline or dismissal recommendation was motivated by some discriminatory or retaliatory reason. 6. Never use force with anger on students. Every educator has the right to use reasonable force to maintain discipline in a group and to protect the health and safety of the campus community. But, if you lose your cool, you are on thin ice. You should immediately summon the assistance of security or a calm colleague. 7. Never use corporal punishment. Even where authorized by the school board, you will have no legal protection whatsoever if you are accused of one swat too many or one swat too hard. You will be on your own potentially fighting a child abuse charge, a civil lawsuit, an employment termination and a TEA certification investigation. 8. Know how to find and use your school policies on the school website. The answers to many legal questions are easily found in those policies. (Hint: The policies are often hidden behind the school board tab on the website.) 9. Stay abreast of significant legal developments. The law requires you to be reasonably informed about basic civil rights and laws pertaining to the public schools. Now aren’t you glad you read this column? 10. Never hesitate to promptly and professionally ask your supervisor or the school lawyer ► page 15


Association News

Recognize Excellence in the Profession: Nominate a Leader!TEPSA is currently seeking nominations for the 2015 Texas National Distinguished Principal (NDP) award. This prestigious award recognizes exemplary school leadership. The award recipient represents Texas at the NDP program in Washington, D.C. and receives $10,000 from Mentoring Minds. Nominees must meet all criteria for selection. Following are opportunities to honor excellence in the profession.

Thank you TEPSA partners:

National Distinguished Principal Nominate a principal by Dec 20.Application due January 20.

National Assistant Principal of the Year for TexasIn partnership with the National Association of Elementary School Principals one current TEPSA Re-gion Assistant Principal of the Year will be selected as the National Assistant Principal of the Year.

TEPSA Region Assistant Principals of the YearSelected by their peers at the TEPSA region level, this award recognizes assistant principals for their efforts to improve student

learning. Recipients may apply for the national award. Contact your TEPSA region officers for applica-tion deadline.

Region TEPSANs of the YearSelected by their peers at the TEPSA region level, this award recognizes school leaders for outstanding service to the associa-tion. Contact your TEPSA region officers for information.

State Schools of CharacterRecognizes PreK-8 schools and districts demonstrating outstand-ing character education initia-tives that yield positive results in student behavior, school climate

and academic performance. Application due December 1.

H-E-B Excellence in Education AwardHonors outstanding public school professionals. Completed applica-tion due January 11.

Horace Mann finds another way to partner with youNo one loves to form partnerships with educators more than Horace Mann. It’s why so many school districts welcome our agents into their buildings and why so many teachers take advantage of our insurance and retirement planning expertise.

A new partnership with DonorsChoose.org helps donors find teachers who need financial assistance for classroom projects big and small. Teachers post their projects, donors choose projects to support, and teachers and kids benefit with materials

delivered right to their schools. Now that’s a partnership that can help everyone.

Contact your local agent today or visit horacemann.com

Reserve your room. Space fills fast!Renaissance Hotel block opens at 10am on Oct 31.Call 512-343-2626 to reserve your room.TEPSA rates: $209 single, $229 double, $239 triple, $249 quadVisit www.tepsa.org for additional hotels in the TEPSA block.

Share Your Expertise. We’re looking for outstanding leaders to present sessions with a focus on the following topics:•Innovativetechnologyintegration•EffectivestrategiesforELLsandatrisklearners•Building21st century skills•Middlelevelfocus(grades4-8)•STAARandassessmentpractices•RtIimplementationandinterventions•Bestpracticesforbeginningadministrators Topic Session Proposals due January 31. Complete form at http://bit.ly/scproposal2015.Notification of selection will be sent out in March.

Make plans to attend TEPSA Summer Conference at the Renaissance Hotel:Registration opens January 15.Member - $389 (Register by May 11- $339)Nonmember - $628 (Register by May 11 - $578)

See you in Austin, June 10-12!

Learn from Inspiring and Knowledgeable Presenters:Keynotes:•SteveGilliland,AuthorandSpeaker•AngelaMaiers,EducatorandAuthor

Featured Speakers:Dave Burgess, Eric Sheninger, Barbara Blackburn, Erin Klein, Donalyn Miller, Ervin Knezek and Marcia Tate.

Visit www.tepsa.org for updates.

Thank you TEPSA partners:

Horace Mann finds another way to partner with youNo one loves to form partnerships with educators more than Horace Mann. It’s why so many school districts welcome our agents into their buildings and why so many teachers take advantage of our insurance and retirement planning expertise.

A new partnership with DonorsChoose.org helps donors find teachers who need financial assistance for classroom projects big and small. Teachers post their projects, donors choose projects to support, and teachers and kids benefit with materials

delivered right to their schools. Now that’s a partnership that can help everyone.

Contact your local agent today or visit horacemann.com


Give your students the best & the best will come back to youSince 1998, the Forde-Ferrier team has worked with thousands of teachers and students with the common goal of academic success. Our approach is to build lasting relationships with teachers, administrators, and districts to make sure that every single student masters the curriculum. This approach has proven to be incredibly successful, with all schools utilizing the complete Forde-Ferrier program reaching higher levels of academic success.

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Christian Caldarera, Principal, Keller Elementary, Brownsville ISD“NAESP has provided me with instrumental administrative educational opportunities, collaboration with principals nationwide, as well as instructional and leadership guidance that has assisted me in my professional growth as a principal and instructional leader.”

Nancy Tovar, Director of Personnel and Recruiting, El Paso ISD“NAESP advocates for me at the highest level of government–from the White House to the halls of Congress, the voices of elementary and middle level principals are heard because of NAESP.”

Why We Joined...

Why We Stay...

Manuel Gonzales, Principal, Sem Elementary, Frisco ISD“NAESP has great resources for principals including information on parent communication, safety in schools and bullying. In addition, the organization provides quality professional development through online learning and conferences.”

Why We Stay...

Combined membership is unbeatable deal! Contact TEPSA to learn more: 800-252-3621 or www.tepsa.org

National Association of Elementary School Principals


for guidance on tricky legal issues, or with parents or others known to be litigious. Better to get advice and guidance on the front end of a difficult situation than to wish you had.

While there is no way to guarantee you won’t be sued, following these tips will likely diminish that possibility and may result in a lawsuit against you being dismissed before trial.

Kevin Lungwitz is TEPSA’s Outside General Counsel.

Note: Information from Legal Ease is believed to be cor-rect upon publication, but is not warranted and should not be considered legal advice. Please contact TEPSA or your school district attorney before taking any legal ac-tion, as specific facts or circumstances may cause a differ-ent legal outcome. Archives of past columns are available to members in Legal Resources at www.tepsa.org.

Endnotes1Tex. Educ. Code §22.0511

(a) A professional employee of a school district is not personally liable for any act that is incident to or within the scope of the duties of the employee’s position of employment and that involves the exercise of judgment or discretion on the part of the employee, except in circumstances in which a professional employee uses excessive force in the discipline of students or negligence resulting in bodily injury to students. (b) This section does not apply to the operation, use, or maintenance of any motor vehicle.

“Professional employee” includes a superintendent, principal, teacher (including a teacher employed by a company that contracts for teacher services), substitute teacher, supervisor, social worker, counselor, nurse, teacher’s aide, a student in a prep program participating in field experience or an internship, bus driver, and any other person whose employment requires certification and the exercise of discretion. Tex. Educ. Code §22.0512Morgan v. Swanson, 659 F.3d 359 (5th Cir. 2011)3Doe ex rel. Doe v. Hawaii Dept. of Educ., 334 F.3d 906 (9th Cir. 2003), holding that an assistant principal violated the civil rights of a fifth grader when he taped the boy’s head to a tree in the courtyard as punishment.

4Doe v. Taylor Indep. Sch. Dist., 15 F.3d 454 (5th Cir. 1994)5Tex. Family Code §261.110

► Minimizing Your Personal Liability continued from page 11

andLearnLunch

Grab your lunch and join us for online learning on timely topics. Free for current members! All webinars will be held from 11-11:45am Central. No registration required. Visit www.tepsa.org.

November 5: Demystifying the Data presented by Wendy Oliver, Director of Field Operations, Accelify, LLCLearn how campuses are utilizing a remarkable process to motivate teachers and students to exceed the state’s expectations in performance and progress. Through the correlation of data, students are meeting progress and achieving higher levels of success. Gain strategies and skills necessary to analyze district and state assessment data to identify needs for teacher instruction and student learning.

December 3: Teach BIG! Believe In Greatness presented by Randi Whitney, Founder, The Writing AcademyLearn techniques that inspire students and teachers alike and ensure each classroom on your campus is an experience that will be remembered and talked about for generations. Be ready to sing, laugh and reflect as Randi brings to life her book, Teach BIG! Believe In Greatness!

Log in at www.tepsa to access archived recordings including:• Relationships Matter presented by Dr. Adam

Saenz• Motivating the Unmotivated by Dr. Tamara

Hodges

Save the dates for upcoming webinars:January 7February 4March 4April 1May 6

Learn more at www.tepsa.org.


Tech Lab/Trae Kendrick, Ed.D.

Dr. Trae Kendrick is TEPSA’s Chief Information Officer.

Read more tech tips in the Resources section at www.tepsa.org.

iPad Cases: Protecting the investment you have in iPads is crucial. It’s a guarantee one will be dropped. When that happens, do you know which case will best protect it?• PC Mag’s “The Best iPad Air Cases”

http://bit.ly/pcmagreview• Computer Shopper’s “15 Best Rugged and

Waterproof Cases for the Apple iPad Air” http://bit.ly/aircases

• PCAdvisor’s Best iPad Cases and Covers http://bit.ly/casescovers

iPad Cases for Young Children: These cases were spe-cifically designed for your youngest learners:• Laptop Magazine Blog: Seven Best Tablet Cases for

Kids http://bit.ly/bestcaseskids• Buzz Cases’ iPad Cases for Kids

http://bit.ly/bestcaseskids2• HUB Pages’ iPad Covers For Kids and Babies

http://bit.ly/casesallkids

Best iPad Keyboards: Turn your iPads into “mini-lap-tops” by adding a keyboard. • Macworld’s Find the best iPad keyboard

http://bit.ly/bestkeyboard

Principal Purchasing PowerIsn’t it exciting when the central office email announcing a few more dollars in your bud-

get arrives in your inbox? You are finally going to be able to purchase the technology your teachers have requested! The excitement quickly transforms into feeling

overwhelmed as you discover all the options and choices available. Which one is best? Who has enough time to investigate them all? Certainly not busy principals; however, with scarce dollars avail-able, you have to ensure every purchase is a wise one.

We’ve done the homework for you and compiled a list of resources and reviews to help guide your technology purchases. Plus, we’ve

added a bonus list of reviews for the new iPhone 6. Read reviews so you can make an informed decision, not an impulse buy!

• PC Mag’s The Best iPad Keyboards http://bit.ly/pcmagkeyboards

• Gazelle’s The 6 Best iPad Keyboards http://bit.ly/sixkeyboards

Best Headphones for Kids: A room full of children is noisy enough without adding noise from 22 iPads. Headphones are a must! • Macworld’s Small Heads, Safe Ears

kids http://bit.ly/smallheadphones• PCAdvisor’s Best Headphones Tested to Protect

Children’s Hearing http://bit.ly/kidheadphones

Should you get the new iPhone? Read reviews to help you decide!• CNET: http://bit.ly/iphone6review• TechRadar: http://bit.ly/techradarreview• TrustedReviews: http://bit.ly/trustedreviews

Making Wise Decisions With Limited Dollars


“Using STAAR MASTER® prepared my students for the STAAR®. I amextremely grateful for this resource. I really appreciate how it is alignedwith the TEKS…and that it promotes high rigor. STAAR MASTER is anamazing resource!”

Ashley M., 4th-Grade Teacher from DFW area


TEPSA Regional Meetings

November05 Region 06 Meeting: 8:30am-1pm @ Region 6 ESC, Huntsville Information: Leah Russell, [email protected]

Regions 10 & 11 Meeting: 11:30am-12:30pm @ Grapevine Convention Center Lunch and network in conjunction with TEPSA Tour (Must register to attend). Information: Pam Mitchell, [email protected] or Ronnita Carridine, [email protected]

12 Regions 13 & 20 Meeting: 11:30am-12:30pm @ San Antonio Omni Colonnade Lunch and network in conjunction with TEPSA Tour (Must register to attend). Information: Martha Werner, [email protected] or Graciela Martinez, [email protected]

Region 14 Meeting: 11:30am-12:30pm @ Region 14 ESC, Abilene Information: Jill Morphis, [email protected]

January05 Region 03 Meeting: 11:30am-12:30pm @ TBD, Victoria Information: Laura Longoria, [email protected]

27 Region 01 Meeting: 9-10am @ Cimarron Country Club, Mission Information: Dianabel Gómez-Villarreal, [email protected]

29 Region 17 Meeting: 11:30am-1pm @ Lakeridge Country Club, Lubbock Information: Ann Callaway, [email protected]

Attendees enjoyed in-depth learning and networking at the Assistant Principals Conference this fall. Visit TEPSA’s Facebook page for more photos.

Educators, count on us for insuranceIt’s great to have a playmaker you can count on when the game is on the line.

You can depend on Horace Mann to give you auto insurance protection when you need it most. And because we know educators make good drivers, we offer them preferred rates.

For more information, contact your local agent or visit horacemann.com

501 East 10th StAustin, TX 78701800-252-3621www.tepsa.org

PRSRT STDU.S. Postage

PAIDAustin, TX

Permit No. 127

Recognize excellence in the

profession! Nominate outstanding

school leaders at www.tepsa.org.

Broad Support for Federally Funded PreKAdditional information available at www.tepsa.org or 800-252-3621.

Calendar/Deadlines• Ready from the STAART! K-2 Learning Conference:Nov 18 or 19: San Antonio Omni ColonnadeApril 8 or 9: Irving Convention Center

• TEPSA State Office deadline to declareintenttorunforofficeisDecember 1.

• State Schools of Character application deadline is December 1.

• H-E-B Excellence in Education - Completed application due January 11.

• National Distinguished Principal - Nominations due December 20. Completed application due January 20.

• Summer Conference is June 10-12.Room block at the Austin Renaissance HotelopensOctober31.Hotelblockfillsfast - reserve early! Visit the Summer Conference page at www.tepsa.org for additional hotels in the TEPSA block.Registration opens January 15.Topic proposals are due January 31.

• STAAR Webinar Recordings avail-able for purchase at www.tepsa.org.

TEPSA Highlights

New Gallup Poll Finds Majority of Americans Agree

Please recycle your TEPSA News copy.

A new Gallup Poll shows that a majority of Americans across the political spectrum support using federal money to increase funding to ensure high-quality preschool programs are available for every child in the country. Fifty three percent of Republicans, 87 percent of Democrats and 70 percent of independents surveyed said they would support federally funded PreK. Additionally:• Nonwhites (85%) are more likely than whites (63%) to favor expanding

preschool education.• Those residing in lower-income households (81%) show greater support

than those in middle- and upper-income households (65% each).• Parents of children younger than 18 are slightly more likely (75%) than

Americans who do not have younger children (68%) to favor using federal dollars to expand PreK.

See related article on page 4. Read more at http://bit.ly/PreKpoll.Sources: Jones , J. M. (2014, September 4). “In U.S., 70% favor federal funds to expand PreK education. Gallup Politics. Available at http://www.gallup.com/poll/175646/favor-federal-funds-expand-pre-education.aspx?.McCann, C. (2014, September 8). “Americans’ views of using federal money to expand preschool program.” New America EdCentral. Available at http://www.edcentral.org/ameri-cans-say-they-support-federal-dollars-pre/.

2014 tepsa november/december news

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