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School vouchers are a hot topic in the media right now. Vouchers allow public funding to be used for private school tuition, which critics argue that this undermines public education. Proponents of school vouchers believe they offer parents greater choice in their children’s education, particularly in underserved areas. However legal and ethical concerns arise from the use of public funds for private institutions that may not be held to the same accountability standards as public schools. According to the Raise Your Hand Texas article, Private schools are not required to follow federal guidelines for serving students with special needs (2015).

I believe that this is doing a disservice to our teachers who pour their blood, sweat, and tears into their student's education. Along with a disservice to our students whose families cannot afford a private school, even with the help of a voucher, or the ones who do not have feasible access to a private school within a reasonable distance from their home. Vouchers could ultimately add to the impact we already have with the teacher shortage. Pushing this onto the Texas people and attaching monetary values and promising raises IF they pass just feels as if the whole thing is rigged. As a professional educator, my perspective is rooted in ensuring equitable access to high-quality education for all students regardless of their socio-economic status. The debate over vouchers and the challenges posed by the teacher shortages directly impacts me and my line of work. The quality of education delivered to students and the conditions under which educators work will be directly affected by vouchers.

References

Raise Your Hand Texas. (2015). “The case against school vouchers: the Texas miracle depends on strong public schools, not unproven gimmicks.” Raise Your Hand Texas. https://www.raiseyourhandtexas.org/wp-content/uploads/2015/09/Vouchers_Policy-Brief.pdf

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The Texas Legislature and the Texas Supreme Court both play a crucial role in determining the framework for school vouchers and interpreting the legality of the voucher programs across the state. The Legislature is responsible for passing the legislation that either allows or restricts the use of public funds for private school tuition. The Supreme Court gets to interpret the challenges related to the use of public funds for private education and ensuring that any voucher program complies with the Texas Constitution. In conjunction with each other, they are accountable for promoting equity, fairness, and the provision of quality education for all students. The provision of quality education for all students is the first and foremost most important, legislation is battling it out. (Heath & Simmerman, 2025)

References

Heath, K. & Simmerman, A. (2025). What are school vouchers in Texas? What to know about Senate Bill 2. Austin American Statesman. https://www.statesman.com/story/news/state/2025/02/06/school-voucher-texas-senate-bill-sb-2-choice-public-private-homeschool-impact-students-parents/78283012007/mean?

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Slide #3: Federal and State Constitutional Laws

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Slide #3: Federal and State Constitutional Laws

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The Equal Protection Clause of the 14th Amendment mandates that no state shall deny to any person within its jurisdiction the equal protection of the laws (U.S. Const. amend. XIV, § 1). This clause is crucial in ensuring that all individuals, including students and educators, have equal access to resources and opportunities in education regardless of race, ethnicity, or socio-economic status.

Vouchers could violate the Equal Protection Clause if it disproportionately benefits students from wealthier families, leaving disadvantaged students in underfunded public schools.

The Education Clause of the Texas Constitution (Article VII, Section 1) mandates that the state must establish and make suitable provisions for the support and maintenance of an efficient system of public free schools.

If vouchers lead to a reduction in public school funding, it could undermine the state’s constitutional obligation to provide an efficient system of public funding.

References

United States Constitution. Equal Protection Clause. U.S. Const. amend. XIV, § 1.

Texas Constitution. Education Clause. Article VII, Sect. 1.

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Every Student Succeeds Act (ESSA): ESSA mandates that all states ensure all teachers are highly qualified. This law address teacher shortages by setting specific criteria for teacher certifications and professional development. It also provides federal funding for teacher recruitment and retention programs to mitigate shortages.

Texas Education Code §21.041: Texas Education Agency (TEA) created a system for certifying teachers. It outlines the requirements and qualifications necessary for teachers to work in Texas schools and allowing for alternative certification pathways.

References

Texas Education Agency. Texas Education Code §21.041.

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Teacher shortages: McKinney V. State of Texas, 140 S.W.3d 207 (Texas 2004): The supreme court addressed the issue of educational adequacy, focusing on whether the state was fulfilling its constitutional duty to provide an inadequate education to all students, meaning you need qualified teachers. The plaintiffs argued that Texas was not properly funding education, leading to disparities in teacher quality and availability, which made teacher shortages worse.

The court emphasized the state’s constitutional responsibility to provide equitable access to quality education, this includes making sure that schools have a sufficient number of qualified teachers. This case set a precedent that the state must actively work to address issues like teacher shortages and ensure that resources are equitably distributed to meet the educational needs of all students.

Vouchers: Zelman v. Simmons-Harris, 536 U.S. 639 (2002): A landmark case in the U.S. Supreme court addressed the constitutionality of school voucher programs. The case involved the Ohio school vouchers program, which provided public funding to parents for sending their children to private

The court held that voucher programs can be constitutional as long as they are neutral with respect to religion and provide genuine private choice. This ruling set a precedent that voucher programs, including those that fund private schools, can be legal under the U.S. Constitution, provided they meet certain criteria such as offering non-discriminatory access to both religious and secular private schools.

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Teacher Shortages: Title II of the Elementary and Secondary Education Act (ESEA)-Teacher Quality Enhancement (20 U.S.C. § 6601 et seq): Title II of the ESEA focuses on improving teacher quality through federal programs aimed at recruitment, professional development, and retention. The regulation emphasizes that federal funds should be allocated to support the recruitment of highly qualified teachers, especially those of underserved and high-need areas. The goal is to address teacher shortages and ensure that all students have access to quality instruction.

This regulation impacts teacher shortages by setting out funding mechanisms that help states recruit and retain qualified teachers, especially in areas with the most significant shortages, such as STEM fields and rural regions. It mandates the use of federal funds to improve the professional development of teachers and to provide financial incentives to encourage teachers to work in high-need schools. States must report on their teacher quality and work to improve these measures to receive federal education funding.

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Slide #7: Local Administrative Law/Policy/Rule

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Slide #7: Local Administrative Law/Policy/Rule

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Dallas Independent School District (HISD) has implemented a teacher retention and recruitment policy aimed at addressing teacher shortages in the district. The policy focuses on offering competitive salaries for the area, provide mentorship for new teachers, and implement professional development initiatives.

The policy was created in response to the growing teacher shortages in the area. The district recognized the need for both short-term and long-term solutions to ensure that students have access to high-quality educators. The policy directly impacts teacher shortages by offering financial incentives and support systems to attract and keep teachers in the district. It seeks to alleviate staffing challenges in high-need subject areas and schools by enhancing teacher satisfaction and reducing turnover rates. This policy also supports the state’s efforts to meet the federal and state mandates around teacher quality.

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Enhanced teacher training and support programs can help to mitigate the risk of teacher shortages and ensure the quality of teaching, schools districts, should implement robust teacher induction and mentorship programs. These programs should focus on providing newly hired teachers with the support they need, particularly in high-need subjects and schools. Mentorship programs paired with professional development could increase retention and minimize turnover, addressing the shortage.

Improved recruitment practices. Districts can implement more targeted recruitment strategies, offering incentives such as relocation packages, housing assistance, and signing bonuses for teachers willing to work in high-need are or specialized fields. These programs could help attract teacher to areas that experience frequent shortages, like those in rural or underserved districts.

Provide mental health and wellness programs for teachers can help prevent burnout and enhance job satisfaction, leading to higher retentions rates and fewer teacher shortages.

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Teacher Shortages: Texas Administrative Code, Title 19, Part 7, Chapter 247: The Code of Ethics and Standard Practices for Texas Educators sets out the ethical responsibilities that educators must uphold in their professional conduct. It emphasizes the duty to provide quality education, respect for students’ rights, and commitment to the profession's integrity.

The code directly impacts teacher shortages in Texas by emphasizing the need for qualified educators who are committed to the welfare of students When schools face teacher shortages, there is pressure to hire less experienced or unqualified persons. However, the Code of Ethics mandates that teachers maintain a high standard of professional practice, which includes meeting state certification requirements and continuing professional development.

Schools must adhere to these ethical standards to ensure that students receive a high-quality education, even during times of teacher shortages. Failure to uphold these ethical standards can lead to legal and ethical repercussions, including loss of public trust and potential lawsuits from parents or other stakeholders.

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Learning more about the laws and standards involved with teacher qualifications to protect against shortages has allowed me to better understand the expectations that is set by the state (TEA) and federal (DOE) organizations to ensure that the students have access to high-quality educators, along with the protection for teachers when cutbacks happen.

Moving forward as a school counselor, I plan to address these laws and standards if/when we are faced with cutbacks and vouchers that could potentially jeopardize teacher positions.