On Monday, Nov. 23, Attorney General Greg Abbott issued his opinion 
that the one-time $500 supplemental payment for TRS retirees appropriated by the 81st Texas Legislature is not permissible under Texas law. The General Appropriations Act as passed in May 2009 called for a one-time “bonus” payment of $500 for TRS retirees if the Attorney General provided a conclusive opinion that such one-time payments are constitutionally permissible.
The General Appropriations Act also stated that if the AG did not determine the proposed payments to be permissible, the appropriation would be transferred back to TRS to increase the state contribution rate from 6.40 percent to 6.644 percent. This will impact district payments to TRS for their current employees.
San Antonio ISD recently settled a case involving five nonexempt day care workers who were denied overtime pay for “off the clock” work. The district agreed to pay the employees double the back pay they were owed for the prior two years—close to $30,000—plus attorney’s fees. The employees are members of the local Texas AFT affliate and were represented by Texas AFT Attorney Martha Owen.
Earlier in the year, Texas AFT provided its school district affiliates around the state with advocacy toolkits to ensure that their districts comply with the wage and hour laws set out in the Fair Labor Standards Act (FLSA). About the same time, the U.S. Department of Labor was hiring 250 new field agents to hone in on mimimum wage and overtime abuses and enforce child labor laws. That means there’s no time like the present to be sure that your district’s supervisors understand and comply with the FLSA.
TASB HR Services has written a book for school administrators on FLSA compliance. We also offer in-district FLSA training for supervisors.
The comment period on the proposed rules to implement the Americans with Disabilities Act Amendment Act (ADAAA) ended Nov. 23, 2009. When finalized, the rules will provide employers with new guidance on what constitutes a disability under the law.
The Congressional intent of the ADA amendments that went into effect on Jan. 1, 2009, was to broaden the definition of disability, which was effectively narrowed by federal court interpretations. One major element of the amendments addressed a 1999 court ruling regarding consideration of mitigating measures (a medication or some other aid that allows a person with a disability not to be limited in any major life activity). Under the ADAAA, mitigating measures generally should not be considered in deciding whether an individual has a disability. The amendments also state that determining whether an individual has a disability should not require extensive analysis.
The Equal Employment Opportunity Commission (EEOC) has yet to announce when final regulations will be published. For now, the commission will consider the public input it has received to formulate final regulations consistent with the ADAAA.
The private nonprofit organization Math for America (MFA) wants to improve secondary math teacher quality by “recruiting, training, and retaining outstanding math teachers,” according to the MFA Web Site. MFA offers strong college math students scholarships to pursue math teaching credentials or a master’s degree in mathematics education. The organization also provides its new math teachers with stipends on top of their teaching salaries to keep them in the profession.
MFA’s founders, a group of mathematicians, business people, and educators, led by mathematician and wealthy hedge fund manager James Simons, believe that quality math education is vital to U.S. competitiveness in science and technology. Simons started MFA because “…those who are good at math should have the financial and social incentives to become excellent career-long teachers.”
MFA fellow Susan Amoroso received a scholarship to obtain her teaching credentials and now receives a $15,000 annual stipend for the first five years of her teaching career. She also receives intensive, ongoing professional development through the organization. A second-career teacher, Amoroso described MFA as a “dream come true.”
MFA has four locations: New York, Los Angeles, San Diego, and Washington, D.C. Only college graduates need apply—the organization requires that applicants have a bachelor’s degree and be new to teaching.
—“Nonprofit group takes on math problem,” by Bruce Lieberman, San Diego Union Tribune, Oct. 5, 2009.
