If your district is looking to fill vacant counseling positions this year, the Texas Counseling Association (TCA) can help. The association has more than 6,000 members and is posting all job listings in the TCA job bank for free through June 30, 2010. To post your district vacancies, go to the TCA Web site 
. Free job listings will remain in the Job Bank until June 30.
A recent commissioner’s decision [Earthly v. Fort Bend ISD, Texas Commissioner of Education Decision No. 040-R2-0209 (April 9, 2009)] concluded that in situations where a teacher uses force with a student and is subsequently terminated, the district has the burden of proving the teacher’s use of force was not justified. Neither an administrator’s directive nor the district’s policy may override the teacher’s right to use reasonable force to restrain a student in order to break up a fight or in self-defense.
The situation involved a middle school physical education teacher/coach who used physical force to prevent a fight and then restrained a student when that student attacked him. The teacher did not immediately comply with directives to release the student. The district fired the teacher for violating its policies regarding physical force and failure to comply with directives. The teacher appealed his termination to the commissioner who reversed the school district’s decision, saying that the district had not met the burden of proving that the teacher’s use of force was not justified. The commissioner further stated that a district cannot prohibit a professional employee from using justifiable force, except when an employee violates a corporal punishment policy. A district judge further upheld the commissioner’s decision on an appeal by the district.
Texas Education Code section 22.0512 provides professional employees with immunity from disciplinary proceedings for the use of physical force against a student when the employee reasonably believes that force is necessary to maintain discipline. At the University of Texas School of Law Conference in February, this case was cited as an important precedent.
The U.S. Department of Labor (DOL) recently released a model notice that can be used to inform employees of opportunities for group health plan premium assistance. The Children’s Health Insurance Program Reauthorization Act of 2009 (CHIPRA) requires employers to notify all employees of their potential eligibility for subsidies under Medicaid or CHIP by the date that is the later of (1) the first day of the first plan year after Feb. 4, 2010; or (2) May 1, 2010.
Districts with TRS ActiveCare or plan years that begin on Sept. 1 will need to provide employees with notice by Sept. 1, 2010. If the district’s plan year begins between Feb. 4, 2010, and May 1, 2010, the notice must be provided by May 1, 2010.
The required notice may be distributed with other enrollment information or summary plan descriptions. Copies of the notice are available in English and Spanish on the DOL Web Site in an editable format that can be customized with district information.
If you’ve kept up with your HR Exchange reading, you know that educational aides have the opportunity to pursue teaching careers tuition free through the state’s College Tuition and Partial Fee Exemption for Educational Aides Program.
Information on the tuition exemption plus an application and instructions are available on the College for All Texans Web site . Districts are encouraged to share the information with educational aides, substitute teachers, and other school employees who have worked as classroom aides within the past five years. Applicants must meet specific income guidelines to qualify.
Colleges and universities now determine a candidate’s eligibility for the program and administer it (the Texas Higher Education Coordinating Board (THECB) performed this function in the past).
Questions about the program can be directed to the THECB’s Grants and Special Programs staff. Call 800-242-3062 and press option 3 or email Edaide@thecb.state.tx.us.
The Equal Employment Opportunity Commission (EEOC) recently announced the largest Americans with Disabilities Act settlement in the agency’s history. The proceeds of the $6.2 million settlement will be shared by 235 former Sears employees who were discharged at the end of their workers’ compensation leaves of absence.
In the lawsuit, the EEOC alleged that Sears maintained an inflexible workers’ compensation leave exhaustion policy and terminated employees unlawfully instead of providing reasonable accommodations for their disabilities. Acting EEOC Chairman Stuart Ishimaru said the agency fought long and hard in the case to protect the rights of workers with disabilities and that many former Sears employees will now benefit. The average monetary distribution per employee is approximately $26,300.
The settlement shows that the EEOC is serious about going after big cases of systemic discrimination.
The National Network of ADA Centers recently announced the release of the new edition of the Disability Law Handbook. The handbook, written as a series of frequently asked questions, is a guide to the Americans with Disabilities Act and other disability related laws (e.g., The ADA Amendments Act, the Rehabilitation Act, and the Individuals with Disabilities Education Act). Free copies can be downloaded from the Web or purchased for $5 to cover shipping and handling costs.
