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Teacher Shortages

Jacquana Johnson

March 9, 2025

EDG 6305 Legal and Ethical Principles

Dr. Brooke Dickison

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Legal and Ethical Issues influencing Education

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Legal and Ethical Issues influencing Education

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Issue 1: Teacher Shortages The state of Texas faces an escalating teacher shortage which specifically targets high schools.  Students suffer from three major consequences when schools fail to fill positions: they receive excessive classroom sizes, deficient specialized teaching methods, and under qualified educators for essential subjects.  Contributing factors including teacher salary deficiencies, mounting workloads, ineffective professional development, and teacher turnover issues stem from professional exhaustion (Carver-Thomas & Darling-Hammond, 2017).  More than 1,000 teacher positions went unfilled throughout Texas based on data collected from the Texas Education Agency (TEA) study (Texas Education Agency, 2020).

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Administrators, policymakers, and community stakeholders who work in education examine teacher shortages from a professional angle.  K-12 schools functioning as public charter and private establishments make up the educational field and mainly focus on high school subjects that students need to pursue college studies.  School principals, teachers, state officials, and parents make up the intended audience since they take part in solving teacher supply problems and academic results.  Student performance depends on teacher excellence since diminished qualified teaching talent results in bigger educational inequalities between communities and achievement gaps across underserved student groups.

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Federal operations of education governance include the U.S. Department of Education (DOE) administering policies alongside financial distributions while maintaining state compliance with all education laws.  Through its enforcement of the Every Student Succeeds Act (ESSA) the DOE requires all students especially students in disadvantaged communities to benefit from qualified teaching staff. (20 U.S.C. § 6319). The DOE is accountable for upholding  ESSA requirements to guarantee all students from every social level receive instruction from competent educators.

The Texas Education Agency functions as the leading authority for public education administration throughout Texas at the state level.  The TEA oversees public school funding distribution and establishes educational standards and supervises district implementation of state legislation for teacher qualifications and staff requirements.  The TEA supervises teaching credentials while launching multiple programs to handle the issue of missing educators.  The TEA is accountable for  maintaining statewide responsibility to enforce requirements about teacher vacancy management coupled with qualification standards and performance evaluation benchmarks based on state measurements.

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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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Federal law: According to the 14th Amendment through its Equal Protection Clause all citizens must receive equal treatment under the law thus gaining the right for fair education. According to constitutional principles students in areas with fewer resources experience higher likelihoods of teacher shortages and this situation would violate their right to equal protection. (U.S. Const. Amend.XIV.)

https://www.law.cornell.edu/constitution/amendmentxiv

Federal Statute: ESSA strives to establish fair educational services by tackling financial discrimination and guaranteeing high-quality teaching for all pupils.  Apart from this act schools in areas with disadvantaged students get supplemental help and support. The law requires educational institutions to submit reports about teacher performance thus enabling them to identify deficiencies in staffing and distribution. (20 U.S.C. § 6319)

https://www.congress.gov/114/plaws/publ95/PLAW-114publ95.pdf

State Statue: Article 7 Section 1 of the Texas Constitution through the Education Clause requires the state to establish an efficient system of free public schools. The public school system may lose its efficiency because of teacher shortages which leads to violations of the constitutional requirement. (Tex. Const. art. 7§1) https://statutes.capitol.texas.gov/Docs/CN/htm/CN.7.htm

Texas Constitution - Article 7, Section 3 (Teacher Pay): The state must maintain proper compensation for teachers according to Article 7, Section 3 of the Texas Constitution because inadequacies in salary lead to teacher shortages.  A sufficient salary must be provided to teachers because it creates an environment that keeps the education workforce at a high standard. The poor remuneration levels lead to teacher shortage problems in educational institutions.  (Tex. Const. art. 7§3)

https://statutes.capitol.texas.gov/Docs/CN/htm/CN.7.htm#7.17

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Slide #4 One Statue and One Administrative law

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Slide #4 One Statue and One Administrative law

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Texas Education Code Section 21.401 requires that teaching professionals in Texas must demonstrate specific certification credentials to teach in schools. This legal requirement helps Texas preserve basic requirements for teacher excellence even when schools need to hire teachers without certification. (Tex. Educ. Code § 21.401) https://texas.public.law/statutes/tex._educ._code_section_21.401

Texas Administrative Code Title 19 Part 1 Chapter 230 presents all requirements university graduates must fulfill to obtain their teacher certification in Texas. This policy establishes all parameters related to teacher certification and provides steps for recruiting unlicensed educators as needed during shortage periods. (19 Tex. Admin. Code § 230) https://tea.texas.gov/about-tea/laws-and-rules/sbec-rules-tac/sbec-tac-currently-in-effect/19-tac-chapter-230

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San Antonio Independent School District v. Rodriguez (1973): This case underlined the requirement for equal educational access since it implied how teacher shortages influence student achievement in poor communities. The legal framework for nationwide equal educational opportunities received support from this case even though teacher shortages were not its explicit subject of examination.  (San Antonio ISD v. Rodriguez, 411 U.S. 1 (1973))

https://supreme.justia.com/cases/federal/us/411/1/

The Rodriguez decision permanently influenced the teacher shortage patterns across Texas. When the Court maintained the funding structure inequalities continued to exist which resulted in unequal teacher salaries and educational resources distribution.  The restricted teacher compensation in underfunded districts lowered recruitment prospects of qualified teachers which in turn worsened the existing teacher deficit in these areas. Inadequate staffing had to be addressed through the implementation of uncertified teachers.

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The Every Student Succeeds Act (ESSA) established two requirements for federal students to achieve qualified teachers across schools and states to implement fair teacher placement. The professional development requirements of ESSA apply directly to teachers in disadvantaged educational areas to eliminate their shortages. The text can be found at Every Student Succeeds Act (20 U.S.C. § 6319) https://www.ed.gov/essa

Title II of the Higher Education Act (HEA) - Teacher Quality Partnership Program: The program secures funding to support teacher preparation courses making it an explicit solution for the lack of educators. Specific activities strive to enhance educational expertise by providing skilled development for teaching staff. Through financial aid this initiative supports qualified programs operating in schools serving low-income communities to resolve teaching vacancies.

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Slide #7 Local Administrative Law/Policy

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Slide #7 Local Administrative Law/Policy

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Houston Independent School District (HISD) combats teacher shortages through salary increases while giving performance bonuses to teachers together with extra help in difficult-to-staff educational institutions. The school district takes part in alternative certification programs to handle staffing shortages in specific areas. (Houston ISD, 2021).

https://www.houstonisd.org/teacherrecruitment.

Houston Independent School District (HISD) implemented the Teacher Incentive Allotment (TIA) to fill vacancies mainly in educational settings serving students with special challenges. The policy offers supplementary monetary benefits for teachers occupying high-needs areas including lowest-income communities and understaffed subjects which include math, science and special education (Houston ISD, 2021).

https://www.houstonisd.org/Page/189086

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Units which Support Teacher Retention should provide bonuses with combined mentorship and career advancement opportunities to keep teachers and prevent experienced teaching staff from leaving their positions. new teachers to reduce burnout and turnover.

Data-based methodology should determine how qualified instructors get assigned to educational settings with high necessity levels especially in disadvantaged communities.

Alternative Certification Programs should grow their alternative pathways for teaching candidates who want to become teachers as soon as possible.

These strategies function as a vital system because they minimize the adverse effects of teacher shortages to maintain high-quality instruction delivery for students.

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The Houston ISD Professional Code of Ethics mentions as a key principle the provision of equal learning possibilities to every student. Teachers have the duty to recognize student diversity and establish classrooms that support inclusiveness and student welfare. Every student requires access to experienced teachers because it remains an ethical responsibility to combat teacher  shortages. (Houston ISD, 2021)

https://www.houstonisd.org/Page/40101

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Slide #10 Personal Connection and Decision-Making

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Slide #10 Personal Connection and Decision-Making

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My knowledge about educational legal and ethical standards has influenced my understanding of teacher shortages. I have observed first-hand that excellent teaching standards directly affect student academic performance mainly among schools with limited resources. The experience sparked my dedication for fighting on behalf of qualified teachers who will serve all students regardless of background equally.

The legal and ethical requirements guide my professional choices through the educational experience I have gained as a teacher. My approach to student interactions developed through my understanding of equitable treatment in student policies while I learned that supportive systems for teachers deter resignation and enhance educational results.

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Invest in teacher salaries: Adequate pay is critical to attracting and retaining qualified teachers.

Increase funding for professional development: Teachers should have access to continuous training to enhance their skills.

Support work-life balance: Implement policies that reduce teacher burnout, such as smaller class sizes and more planning time.

Expand teacher preparation programs: Offer more comprehensive programs to prepare new teachers for the classroom.

Create mentorship programs: New teachers should receive support from experienced educators to navigate the challenges of teaching.

Foster collaboration among districts: Districts can work together to share resources and strategies for addressing teacher shortages.

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Carver-Thomas, D., & Darling-Hammond, L. (2017). Teacher

turnover: Why it matters and what

we can do about it. Learning Policy Institute.

https://learningpolicyinstitute.org/product/teacher-

turnover-report

Every Student Succeeds Act (ESSA), 20 U.S.C. § 6319.

Houston Independent School District. (2021). Teacher

recruitment.

https://www.houstonisd.org/Page/189086

Houston Independent School District. (2021). Teacher

recruitment webpage.

https://www.houstonisd.org/teacherrecruitment

Houston Independent School District. (2021). Teacher

resources.

https://www.houstonisd.org/Page/40101

San Antonio ISD v. Rodriguez, 411 U.S. 1 (1973).

https://supreme.justia.com/cases/federal/us/411/1/

19 Tex. Admin. Code § 230. Certification of educators.

Tex. Const. art. 7 § 1. Education.\

Tex. Const. art. 7 § 3. Maintenance of public schools.

Texas Education Agency. (2020). Teacher shortage in

Texas: Data and analysis.

https://tea.texas.gov/sites/default/files/teacher-shortage

report.pdf

Tex. Educ. Code § 21.401. Teacher certification and

professional development.

Texas School Funding Commission. (2019). Interim report to

the 86th Legislature.

https://www.texastribune.org/2019/12/19/texas-school-

funding-commission-interim-report/

U.S. Const. Amend. XIV. Equal protection clause.