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Testimony to the State Board for Educator Certification
Re: Item #6 Consider and Take Appropriate Action on Proposed Review of 19 TAC Chapter 231, Requirements for Public School Personnel Assignments
By Holly Eaton, Director of Professional Development and Advocacy
March 3, 2017
Thank you for this opportunity to testify. I am testifying to encourage you in making decisions about your personnel assignment rules, to not make those decisions in a vacuum, but rather, take into consideration the broader context. The broader context is that, completely outside of the realm of the State Board for Educator Certification, the legislature has taken significant steps to give school districts an enormous amount of flexibility regarding the qualifications of those they hire to teach in our classrooms. In particular, in response to concerns from school districts that the House Bill 5 high school graduation requirements prompted the need for school districts to hire more career and technical educators, last session the legislature gave school districts the flexibility to hire noncertified individuals to teach non-academic career and technical courses on a school district teaching permit without the need for approval from the commissioner of education. I draw your attention to the attachment to my testimony, which sets out TEC Section 21.055. In particular look at subsection (d-1) of TEC Section 21.055 is highlighted. This is the language that was added last session. Note that the only requirements are that the superintendent must certify to the board of trustees that a new employee has undergone a criminal background check and is capable of proper classroom management, and that the school district shall require the new employee to obtain at least 20 hours of classroom management training and to comply with continuing education requirements as determined by the board of trustees.
Additionally, at the same time last session, the legislature enacted a whole new concept, districts of innovation, that gave districts unprecedented flexibility in almost all matters, allowing them wholesale exemption from most of the Education Code. Although it took a little while for districts to awaken to the realization of the implications of this new law, the number of districts pursuing innovation status has burgeoned in recent months. And guess what one of the most popular exemptions sought by these districts is? Teacher certification. I have attached a January 23, 2017 news article to my testimony for your review listing the top 20 most popular district of innovation exemptions. However, this article is already dated, as by our last count, there are 98 districts of innovation. Forty-seven of them are exempting themselves from Career and Technology teacher certification, among other types of certification and 18 are exempting themselves from ALL teacher certification requirements, for a total of 65 districts exempting themselves from CTE certification alone. And note that just because in their plans they identify particular types of certification in seeking an exemption from the statute requiring certification, because they reference the certification statute, they may have effectively exempted themselves from all certification. Again, for your review I have attached to my testimony a compilation of the types of certification exemptions sought by districts of innovation as well as the names of those districts.
My point in bringing all this up is that, in the context of your review of your assignment rules, we urge you to make decisions that will preserve the integrity of educator certification and ensure that it is a meaningful process. As the State Board for Educator Certification, you have an important role to play in counterbalancing the effects of what we view as an alarming trend to de-professionalize the teaching profession.
Thank you.
Sec. 21.055. SCHOOL DISTRICT TEACHING PERMIT. (a) As provided by this section, a school district may issue a school district teaching permit and employ as a teacher a person who does not hold a teaching certificate issued by the board. (b) To be eligible for a school district teaching permit under this section, a person must hold a baccalaureate degree. (c) Promptly after employing a person under this section, a school district shall send to the commissioner a written statement identifying the person, the person's qualifications as a teacher, and the subject or class the person will teach. The person may teach the subject or class pending action by the commissioner. (d) Not later than the 30th day after the date the commissioner receives the statement under Subsection (c), the commissioner may inform the district in writing that the commissioner finds the person is not qualified to teach. The person may not teach if the commissioner finds the person is not qualified. If the commissioner fails to act within the time prescribed by this subsection, the district may issue to the person a school district teaching permit and the person may teach the subject or class identified in the statement. (d-1) Subsections (b), (c), and (d) do not apply to a person who will teach only noncore academic career and technical education courses. A school district board of trustees may issue a school district teaching permit to a person who will teach courses only in career and technical education based on qualifications certified by the superintendent of the school district. Qualifications must include demonstrated subject matter expertise such as professional work experience, formal training and education, holding an active professional relevant industry license, certification, or registration, or any combination of work experience, training and education, or industry license, certification, or registration, in the subject matter to be taught. The superintendent of the school district shall certify to the board of trustees that a new employee has undergone a criminal background check and is capable of proper classroom management. A school district shall require a new employee to obtain at least 20 hours of classroom management training and to comply with continuing education requirements as determined by the board of trustees. A person may teach a career and technical education course immediately upon issuance of a permit under this subsection. Promptly after employing a person who qualifies under this subsection, the board of trustees shall send to the commissioner a written statement identifying the person, the course the person will teach, and the person's qualifications to teach the course. (e) A person authorized to teach under this section may not teach in another school district unless that district complies with this section. A school district teaching permit remains valid unless the district issuing the permit revokes it for cause. Added by Acts 1995, 74th Leg., ch. 260, Sec. 1, eff. May 30, 1995. Amended by: Acts 2015, 84th Leg., R.S., Ch. 931 (H.B. 2205), Sec. 12, eff. September 1, 2015. http://www.statutes.legis.state.tx.us/Docs/ED/htm/ED.21.htm#21.055
District of Innovation Process (TEC Section 12A.001 – 12A.005) Consideration of designation as a district of innovation may be initiated by a resolution adopted by the board of trustees of the district or by a petition signed by a majority of the members of the district-level decision-making committee. Once the resolution has passed or the petition has been received, the board is required to hold a public hearing to consider whether the district should develop a local innovation plan. After the hearing, the board can choose whether to pursue the innovation district option; if so, the board would appoint a committee to develop an innovation plan. The innovation plan must provide for a comprehensive education program for the district and identify any provisions under the Education Code from which the district should be exempted. After that, the Plan must be posted on the district’s website for 30 days, the board must notify the commissioner of the board’s intention to vote on the proposed plan, and the district-level site-based decision-making committee must hold a public meeting to consider the final version of the proposed plan and has voted, by majority vote, whether to approve the plan. The board can then adopt the plan by two-thirds vote of the membership of the board. On adoption of the plan, the district is designated as a district of innovation and shall being operation under the plan. Sec. 12A.006. TERM. The term of a district's designation as a district of innovation may not exceed five years. Sec. 12A.007. AMENDMENT, RESCISSION, OR RENEWAL OF LOCAL INNOVATION PLAN. A local innovation plan may be amended, rescinded, or renewed if the action is approved by a vote of the district-level committee established under Section 11.251, or a comparable committee if the district is exempt from that section, and the board of trustees in the same manner as required for initial adoption of a local innovation plan under Section 12A.005. Sec. 12A.008. TERMINATION BY COMMISSIONER. (a) The commissioner may terminate a district's designation as a district of innovation if the district receives for two consecutive school years: (1) an unacceptable academic performance rating under Section 39.054; (2) an unacceptable financial accountability rating under Section 39.082; or (3) an unacceptable academic performance rating under Section 39.054 for one of the school years and an unacceptable financial accountability rating under Section 39.082 for the other school year. (b) Instead of terminating a district's designation as authorized by Subsection (a), the commissioner may permit the district to amend the district's local innovation plan to address concerns specified by the commissioner. (c) The commissioner shall terminate a district's designation as a district of innovation if the district receives for three consecutive school years: (1) an unacceptable academic performance rating under Section 39.054; (2) an unacceptable financial accountability rating under Section 39.082; or (3) any combination of one or more unacceptable ratings under Subdivision (1) and one or more unacceptable ratings under Subdivision (2). (d) A decision by the commissioner under this section is final and may not be appealed.
3/1/2017 Here are the top 20 exemptions picked by Texas districts of innovation | Community Impact Newspaper
https://communityimpact.com/austin/atthecapitol/2017/01/23/top20exemptionspickedtexasdistrictsinnovation/ 1/12
Here are the top 20 exemptions picked by Texasdistricts of innovation
AT THE CAPITOL | EDUCATION | NEWS | STATE EDUCATION | TOP STORY
By Evan Marczynski | Posted Jan. 23, 2017 at 12:12 pm
Analysis shows how DOIs declare exemptions from Texas Education Code
More than 60 Texas school districts have approved district of innovation, or DOI, plans inthe two years since state lawmakers passed legislation creating the new system, whichallows districts to exempt themselves from portions of the Texas Education Code.
Together, those DOI plans identify more than 50 sections of the state’s education code astargets for exemption, according to a Community Impact Newspaper analysis.
Districts that have sought to attain DOI designations have lauded the chance for more뮺�exibility in hiring and scheduling practices. But critics such as the Texas State TeachersAssociation have criticized the DOI concept as too far-reaching.
Here are the Texas school districts that have approved DOI plans:
3/1/2017 Here are the top 20 exemptions picked by Texas districts of innovation | Community Impact Newspaper
https://communityimpact.com/austin/atthecapitol/2017/01/23/top20exemptionspickedtexasdistrictsinnovation/ 2/12
INTERACTIVE: Texas districts of innovation
Map data ©2017 Google, INEGI Terms 200 mi
A district can become a DOI only after it develops a local innovation plan with public inputand approval from an elected district-level committee and the school board. The TEA doesnot have authority over a DOI plan’s approval, but the agency does retain the right toinvestigate plans that claim unallowable exemptions.
The exemption most sought by DOI districts involves a section of the code that mandatesthe 㬴rst day of classroom instruction each school year, which typically cannot beginbefore the fourth Monday in August, according to the analysis.
Here are the most popular DOI exemptions:1. First Day ofInstruction (TexasEducation Code25.0811) Mandates theuniform start datecannot be beforefourth Monday inAugust.
2. Teachercerti鶚cation
3/1/2017 Here are the top 20 exemptions picked by Texas districts of innovation | Community Impact Newspaper
https://communityimpact.com/austin/atthecapitol/2017/01/23/top20exemptionspickedtexasdistrictsinnovation/ 3/12
(21.003) Requires teachersand educationprofessionals to holdappropriatecerti㬴cation (someexemptionsallowed).
3. Class size limit(25.112) Caps kindergartenthrough fourth-grade classes at 22students.
4. Class sizenoti鶚cation (25.113) Compels districts tonotify parents ofclass-sizeexemptions.
5. Minimumminutes ofinstruction (25.081)Requires districts toprovide at least75,600 minutes, or180 seven-hourdays, of annualclassroominstruction.
6. Minimumattendance for class credit or 鶚nal grade (25.092) Requires students attend at least 90 percent of a class to receive credit.
7. Student-to-teacher ratios (25.111) Sets ratio of one teacher for every 20 students.
8. Last day of school year (25.0812) Mandates last day of school cannot be before May 15.
9. Local role in teacher evaluations (21.352) Sets criteria to evaluate teachers.
3/1/2017 Here are the top 20 exemptions picked by Texas districts of innovation | Community Impact Newspaper
https://communityimpact.com/austin/atthecapitol/2017/01/23/top20exemptionspickedtexasdistrictsinnovation/ 4/12
10. Teacher certi鶚cation records (21.053) Requires teachers 㬴le certi㬴cation before their contracts begin.
11. Certi鶚cation noti鶚cation (21.057) Compels districts with uncerti㬴ed teachers to notify parents.
12. Teacher training (21.044) Sets training requirements for teaching certi㬴cates.
13. Probationary contracts (21.102b) Limits probationary teacher contracts to one school year.
14. Length of school day (25.082) Requires school days to be at least seven hours long, including recesses.
15. Teaching permits (21.055) O얻�ers provisions for districts to hire teachers without certi㬴cation.
16. Student discipline (37.0012) Requires school campuses to designate a campus behavior coordinator.
17. Teacher appraisal (21.203) Requires written evaluations of teachers at regular intervals.
18. Teacher contract lengths (21.401) Sets minimum teacher contract length at 10 months.
19. Teacher contracts (21.002) De㬴nes educators’ contracts as probationary, continuing or term-based.
20. Planning and preparation time (21.404) Gives teachers at least 450 minutes every two weeks for class planning and preparation.
Follow communityimpact.com for more analysis later this week.
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District Of Innovation Texas Education Agency Texas Education Code
As of 02/27/2017, Districts of Innovation exempt from various types of educator certification are as follows:
*Source: http://tea.texas.gov/Texas_Schools/General_Information/Innovation/Districts_of_Innovation/
All Teacher Certification Requirements
Calallen Dodd City Farmersville
Forney Harlingen Hedly
Huntsville Ira Keller
Lake Callas Lake Travis Lampasas
Lefors Mabank Pearland
Terrell Texarkana Valley View
Bilingual Bushland Channelville Eula Galena Park Kaufman Sherman
CTE
Allen Anthony Bovina Bridgeport Bronte Bryson Canton Channelview
Childress Coppell Crowell Denton Dripping Springs El Paso Eula Friona
Godley Grand Prairie Gruver Hardin-Jefferson Harlingen Holliday Huffman
Humble Huntington Hurst-Euless-Bedford Hutto Jarrell Kemp Knippa Lytle
Manor Mansfield Martin’s Mill Menard Mineola Nazareth Palmer Plano
Red Oak Roby Roscoe Rotan Round Rock San Saba Slidell Van
Dual Credit Denton Dripping Springs
El Paso Holliday
Hutto Manor
Mineola Red Oak
Roby Round Rock
Van Alstyne
ELA Childress
Fine Arts Bryson Crowell
Foreign Language Bryson Childress Gruver Round Rock
Hard to Fill Bridgeport Coppell
Hutto Jarrell
Knippa Mineola Plano Roby
History Childress
Innovation or New Classes
Van Alstyne
Out of Field
Anthony Big Spring Bovina Bronte
Bushland Canton Crowell Eula
Galena Park Hardin-Jefferson Kaufman Kemp
Lytle Martin’s Mill Memphis Menard
Nazareth Palmer Roscoe Rotan
San Saba Slidell Van Van Alstyne
Special Education Channelview
STEAM Childress Dripping Springs
El Paso Friona
Gruver Manor Mansfield Mineola
STEM Crowell Denton
Grand Prairie Huntington Memphis San Saba Slidell
