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Critical Issues in Human Resources
December 18, 2013Presented by
Melissa Aguero RamirezHR Director
Region One ESC
Welcome, Introductions, & Announcement
Educator Preparation Programs
• Updates from the field….
• EPP representatives present:
NCLB – HQ Regional data
• Teachers– Regular Ed
• Elementary• Secondary
– Special Ed• Elementary • Secondary
• Reasons not HQ• Permits• Paraprofessionals
NCLB Flexibility Waiver
• Core Academic teachers & Title I Instructional Aides STILL required to be 100% HQ
• If LEA isn’t 100% HQ = HQTCIP– BUT keep at district level– HQTFDA no longer required by anyone
• Instead….Priority and Focus Schools identified– Interventions required
Principal & Teacher Evaluations
• Committees created and have been meeting• 40 LEAs will pilot by 14-15 • Implementation 15-16• What to expect?
– PDAS core plus• Self assessment• Classroom observations• Student learning/growth
– “dashboard” for each teacher that ids PD
• LEAs can still develop their own
2014-2016 Educator Excellence Innovation Program
• Purpose: will improve student performance by fostering open, supportive and collaborative campus cultures that allow teachers to seek and attain growth within their field
• 4 required practices to be considered for a grant: – Induction and Mentoring,
– Evaluation,
– Professional Development and Collaboration,
– and Strategic Compensation and Retention.
• 2 preferred practices in addition to the four required practices: – Recruiting and Hiring,
– and Career Pathways
• Award amount: as needed; minimum $50,000 to a maximum $1 million per year
• Applicants’ conference (webinar)- Monday, January 6, 2014 from 3:00 p.m. to 5:00 p.m.
• Deadline to apply: 5:00 p.m. Central Time, Thursday, January 23, 2014
Questions relevant to the RFA may be sent to Tim Regal at
[email protected] or faxed to (512) 463-7795 prior to Friday,
December 20, 2013
4 LEAs per region!
© 2013 Texas Education Agency© 2013 Texas Education Agency
After establishing a TEAL account, educators must create or update an ECOS profile.
ECOS is where educators: Apply for Certification Check the Status of a Certificate View Examinations Taken View and Print a Copy of a Certificate
NOTE: TEA no longer prints or mails certificates.
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© 2013 Texas Education Agency© 2013 Texas Education Agency
To submit a change or correction of name, gender or date of birth requires individuals to email the following required documents along with a daytime telephone number: ◦ 1. Current state driver’s license or state ID ◦ 2. Last four digits of social security number ◦ 3. Previous name ◦ 4. Out-of-Country educators who do not hold a state-issued drivers license may
submit a copy of a current passport ◦ 5. A current email address and valid daytime telephone number.
Individuals should scan documents and email them to: [email protected] or mail the documents to TEA-CRT, 5th Floor, 1701 North Congress Avenue, Austin, TX 78701
Please allow 7 to 10 business day for processing
© 2013 Texas Education Agency© 2013 Texas Education Agency
Continuous Administration Tests: History 7-12 (233) Life Science 7-12 (238) Mathematics 7-12 (235) Science 7-12 (236) Social Studies 7-12 (232)
Limited Administration Tests: Chemistry 7-12 (240) English Language Arts and Reading 7-12 (231) Physical Science 6-12 (237)
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© 2013 Texas Education Agency© 2013 Texas Education Agency
Minor changes for clarity – 19 TAC Chapter 231
Reorganization to facilitate future revisions
New Technology Applications courses added
Chart added to TEA website for convenience
Work in progress
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© 2013 Texas Education Agency© 2013 Texas Education Agency
Impact of HB 3573Associate’s or more advanced degreeCurrent license, certification, or registration by a nationally recognized accrediting agency as a health professions practitioner NOTE: License list under discussionTwo years of wage-earning experience using the licenseAppropriate TExES exams and teacher programTAC rules under revision
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© 2013 Texas Education Agency© 2013 Texas Education Agency
New Aides - Establish TEAL and ECOS account as an Educator - Apply through ECOS for Educational Aide Certificate - $32 issuance fee - $39.50 for fingerprinting, if not already done - District recommends for Educational Aide I, II, or III
Renew a Standard Aide Certificate Aide applies directly District does NOT recommend for renewals - Apply online and pay on time fee of $10 - Late fee is $15
Request for a higher level - Original certificate must be renewed and active to apply for a
higher level
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© 2013 Texas Education Agency© 2013 Texas Education Agency
For Probationary Certificates:
Example: Bilingual Elementary PK-6
Generalist Test Passed for Grade Level and Subject Areas to be Taught – EC-6 or 4-8
Bilingual Test Passed – Bilingual Supplemental or Appropriate Bilingual Generalist
Communications Skills Test Passed, such as the Bilingual Target Language Proficiency Test (BTLPT) or the American Council for Teaching of Foreign Languages (ACTFL)
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DELAYED!!!!
© 2013 Texas Education Agency© 2013 Texas Education Agency
- “Demonstrate proficiency in comprehension and expression by having a passing score on an appropriate SBEC approved examination”
- Defined as BTLPT for Bilingual Spanish- ACTFL for other languages
- Contact Information Michele Moore
Texas Education AgencyAssociate Commissioner - Educator Leadership and Quality
1701 N. Congress AvenueAustin, Texas 78701
© 2013 Texas Education Agency© 2013 Texas Education Agency
Website – www.tea.state.tx.us
Email from TEA website – Educator Certification Contact Page
Telephone 512-936-8400
Option 1 – TEAL Support/Computer Access Option 2 – TEAL Support/Educator Certification Staff Option 3 – Fingerprinting Option 4 – Educator Testing Option 5 – Legal Option 6 – Investigations
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ETS News
• All TExES tests, with the exception of Braille (183), are offered only as computer-administered (CAT) tests
• Change in test retake policy: reduction from 60 to 45 days
• NOTE: ID documents, admission tickets and test center roster must MATCH
• REMINDER: maintain educator profile on ECOS; method of communication from TEA/ETS
Criminal History Background Checks
• 2013 – 14 Annual Fingerprinting Certification & Statement of Compliance Update
• Fingerprinting requirement for contractors
• Training
• DPS News– Revised DPS Audit form– Proper usage of form
FMLA Tidbits
• can retroactively designate as FML as long as not "harmed"
• 12 weeks can be translated to 60 days BUT be consistent! This actually gives more time to the employee
• Follow Board policies (DEC, DECA, CRD)• Definition of family• If not eligible for FML at time of leave but then become
eligible, put them on FML and they get 12 weeks from anniversary date
• for EXEMPT employees - average 10 hours per day ; recommendation because work can happen at home/worksite
FMLA Tidbits
• DOL lists common FMLA violations
– Refusing FMLA for an eligible employee
– Discouraging an employee from using FMLA
– Manipulating work hours so employee doesn’t qualify
– Making FMLA a negative factor in employment related decisions (hiring/promotions/etc)
FMLA Tidbits
• Be proactive!
– Update FMLA forms– Provide employees with FMLA packets
• Board policies• Notice of eligibility, rights, & responsibilities• Designation notice• Medical certification form• Fitness for duty certification
– Maintain files for 3 years– Train managers to recognize absences that lead to
FMLA– Ensure attendance policy complies with ADA and
FMLA
Fair Labor Standards Act
Courtesy
Lisa A. Brown
Thompson & Horton LLP
3200 Southwest Freeway, Suite 2000
Houston, Texas 77027
www.thompsonhorton.com
713-554-6741
FLSA Overview
1. requires OT pay for certain employees (nonexempt) who work more than 40 hours in a workweek (any 7 consecutive day time period)
- can NOT decrease salary if employee works at least 1 full day per week;
- "public accountability" - govt employees only get paid for time worked but
must have policy in place
- CAN pay extra to exempt employees, though, if district so desires BUT be
careful: can't pay extra once contract salary is agreed upon.
2. imposes a minimum wage
3. restricts child labor
4. provides certain rights to nursing mothers
- district must provide reasonable amount of time to express mild for up to 1
year from birth
- district must provide place other than BR that is shielded from view
- break time is NON COMPENSABLE unless paid break is provided for all
employees
Scenario 1
• Sally, the Asst. Supt.’s secretary, is a hard working, cheerful person. She frequently takes home reports and projects to proofread, clean-up, and finalize, often without telling her supervisor. One morning, she shows the Asst. Supt. a report that she reformatted at home the night before. (Late yesterday afternoon, the report was still rough.) The Asst. Supt. Thanks her for making the team look good.
• Is Sally entitled to overtime?
Scenario 3
• Juan usually arrives before his supervisor, Stan. When Stan arrives, he sees that Juan has been working. “What time did you get here?” Stan asks. Juan replies, “6:30 a.m. I came in at 6:30 a.m. yesterday, too.”
• Stan says: “Please report the extra time. However, I will need you to clock out two hours early today. Also, in the future, you may not come in early without my prior approval.”
• Juan is upset that he will lose two hours of overtime pay. Can Stan do this?
Scenario 5
• During an emergency on Monday, Sam Supervisor asks Vincent Valiant to work after hours. Vince agrees to stay. Vince makes $18 an hour. Vince works an 11 hour day. He is expecting $81 extra dollars on his check (3 hours x $27 [18+9]). Is Vince entitled to $81 for his extra work on Monday?
Scenario 7
• Marie works in the athletic office. She recently returned from maternity leave and is still breast feeding. She asks the athletic director for an afternoon break so that she can pump her breast milk. She asks for a quiet, private location. He tells her that she can use the back of the equipment room behind a partition. The boys won’t bother her, he says.
• Is this arrangement permissible?
Scenario 8
• An aide works 30 hours per week in the classroom and an additional 20 hours driving a bus. Is she entitled to overtime pay?
Scenario 9
• The district is holding a Saturday recycling event, and all campuses are competing against each other. Luis, a non-exempt employee, feels extreme pressure to volunteer for the recycling event. He tells his supervisor that he has a conflict on Saturday. The supervisor says, “Luis, we really need your help.”
• If Luis participates, is he entitled to overtime pay?
Scenario 11
• Every Monday Martin fills out a timesheet for the entire week. He writes down his hours worked as 7:30 a.m. to 5:00 p.m. every day without variation.
• Is this practice acceptable?
Scenario 12
• A clerk made deposits on her lunch break. She performed other additional, helpful tasks. She did this for several years. Her supervisor generally was aware of most, but not all, of the extra work. The clerk eventually is fired for unrelated acts of misconduct. Upon being terminated, the clerk presents a memo asking for 100 hours of overtime for a 2 year period. Her supervisor balks: “At best, we are looking at 40 or 50 hours”. Whose math will matter in court?
Why have Job Descriptions?
• FMLA
• ADA
• Performance evaluations
• Hiring
• FLSA– coming soon: January - will have exempt status and "test" that was used
6 steps to creating job descriptions
1. Set timeline and who will be on "committee"
2. Collect the tools (pay plan, org charts, equipment list, templates)
3. Establish conventions and identify level cutters
4. Consolidate like job descriptions
5. Train others to do it your way; put requirements of JOB and NOT the incumbent
6. Review job descriptions for consistency
Technology Tools
• Electronic onboarding
• Social media
• Paperless HR offices
Upcoming Activities
• Para Educator Conference– 1/10/14 $99 #39973
• Substitute Teacher Certification Academy– 1/14 & 15/ 14 $75 #41475
• HR 101– 1/31/14 $150 #41519
• HR Symposium (Walsh Anderson)– 2/6/14 $125 for 3 #40755
• Conference for Administrative Professionals– 4/11/14 $99 #39972
TASB – Rules of Engagement
• March 4, 2014 from 9 – 3:30• Workshop # 42026• Topics covered:
– Understanding employment status—full- and part-time employees, independent contractor, temporary employee, or substitute?
– Defining the terms of employment and contract entitlement – Understanding benefit entitlement (TRS membership, health
insurance, and leave) – Determining exemption status under the Fair Labor Standards
Act – Handling special cases including employment of retirees and
student workers
TASPA News
• Board President• District representative
2013-2014 Schedule of HR meetings
•February 20, 2014 - workshop #41341
•April 25, 2014 - workshop #41342
•August 29, 2014 - workshop #41343
Resources for Superintendent’s Assistant
• Superintendent Secretary Training Conference
Feb. 20-21, 2014 http://www.tasb.org/services/communications/secretary/index.aspx
• Administrative Extranet
• Secretaries message board
• Superintendent Secretary
Guidebook
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Happy Holidays!
