January 6, 2015

HAND DELIVERED
JANUARY 6, 2015

Dr. Roland Hernandez, Superintendent

Corpus Christi Independent School District
801 Leopard Street
Corpus Christi, Texas 78403
Re: Request for Informal Grievance Hearing
Dear Dr. Hernandez:
This letter serves as a notice of request for an Informal Grievance Hearing in accordance
with CCISD School Board Policy DGBA (Local), and all applicable state and federal laws,
by the Corpus Christi American Federation of Teachers (CCAFT) and its affected
members.
Complaint:
Dr. Maria Luisa Guerra, Deputy Superintendent, and CCISD administrators are
implementing classroom teacher schedule changes so that teachers have common
planning periods for mandatory group planning sessions. This action is in direct violation
of Texas Education Code 21.404: Texas Planning and Preparation Time. Specifically, the
school district will/is requiring, and coercing teachers beyond what is voluntary to
meet during the 450 minutes of protected individual planning time.
This is further exacerbated by the comments made by Dr. Guerra at a meeting on Friday,
December 19, 2014, between Dr. Guerra and CCAFT representatives, Ray McMurrey and
Jeffery Timmons, when she was informed of these School Board Policy and Texas
Education Code violations. She stated that she would rather teachers lose their
planning period than jobs. She also stated that teachers in schools designated
Improvement Required by the Texas Education Agency would not be guaranteed their
individual planning periods and would do group planning instead.
Additionally, in a letter to campus principals dated Thursday, December 11, 2014, Dr.
Guerra directed principals to require that grade level and department meetings be held
weekly. It is clear that this written directive inevitably infringes on the 450 minutes of
planning time guaranteed by the Texas Education Code.
Already, the CCISD is complicit in violating the law by requiring teachers to attend ARD
meetings and meetings with the ITAs and Instructional Coaches during planning and
preparation time that is protected by law.
The Commissioner of Education has addressed this issue on at least two occasions. In
Srater v. Houston ISD and Chaffin v. Los Fresnos ISD, the Commissioner determined that
a teacher may use the time as he or she sees fit, free from any duty mandated by the
school. Moreover, a September 25, 2003, Consultation Agreement between CCAFT and
the District was reached requiring CCISD Directors to monitor for Principals compliance
with the law and, in this case, the lawful implementation of the planning and
preparation time for teachers.

Summary:
The Corpus Christi Independent School District is arbitrarily and capriciously violating Section 21.404 of
the Texas Education Code.
Relief Sought:
CCISD will:
1) Comply with Section of 21.404 of the Texas Education Code regarding planning and preparation
time; and,
2) Review with principals and administrators Section 21.404 of the Texas Education Code, and
direct them to comply; and,
3) Comply with the local consultation agreement (September 25, 2003) requiring CCISD Directors
to monitor all principals compliance with Section 21.404 of the Texas Education Code; and,
4) Send written communication to all certified personnel and administrators informing them about
Section 21.404 of the Texas Education Code with the expectation of compliance; and,
5) Provide training sessions for administrators and supervisors in all schools regarding the
validation and preservation of the Texas Planning and Preparation Time law before the last day
of January 2015.
The Corpus Christi American Federation of Teachers has associational standing to file this grievance
because:
1) Its members would otherwise have standing to sue in their own right; and,
2) The interests CCAFT seeks to protect are germane to its purpose; and,
3) Neither the claim asserted not the relief requested requires the participation of the individual
members in the grievance (See Weslaco Federation of Teachers v. Weslaco ISD, Docket No. 058R10-1295, Commissioner of Education 1998).
If you have any questions regarding this request or if there is more I must do to facilitate this matter,
please let me know.

Sincerely,

Ray McMurrey, President