An up-and-coming hot topic right now is the Teacher Incentive Allotment (TIA) program which rewards teachers with money for their successes which has district mandated requirements that must be met before the reward is received. When a new non-certified teacher is rewarded, this adds even more animosity among those teachers who are certified and earn tremendous successes, but are not part of the rewarded group. Friona ISD's application for TIA has not been submitted as the district committee is still in debate regarding the program.

Texas Classroom Teachers Association. (2024). The survival guide. The Classroom Teacher. https://www.tcta.org/professional-resources/publications/survival-guide

Currently, I am a curriculum and instruction specialist for a public school focusing on targeted support for K-5. Friona ISD is a District of Innovation which means that people who do not have a bachelor's degree or teaching certificate can be hired while they work on their degree and/or certificate. This also means that most of our new hires do not have any background in education other than their own years in school. Our new hires are also between the ages of twenty and twenty-five and lack experience and professionalism.

For all brand new teachers, we provide a new teacher academy held on two days before contract hours start and then the last Wednesday of every month. In the academy, we teach instructional strategies, the Texas Teacher Evaluation System of Support, district digital platforms, classroom management techniques, emergent bilingual strategies, and many other concepts that new teachers need in their toolbox to be successful.

This legal guide will be used to support those new hires in understanding the importance of their new role and their rights under contract. The intended purpose of engaging our new teachers with the legal guide is to create a sense of urgency and responsibility for them to complete their coursework or modules to become highly-qualified, certified teachers.

*The most affected areas are rural and small charter schools.

*In 2022-2023, 15,300 uncertified teachers were hired; whereas, in 2010, only 2300 were hired.

*37% of uncertified teachers stay in the profession five years or less

*Hiring uncertified teachers leads to retention challenges.

*The article describes a type of professional development for uncertified teachers so they are successful in the profession.

This article describes the impact of the teacher shortage which has forced districts to loosen their hiring protocols such as Friona ISD who became a District of Innovation. The challenges and concerns discussed in the article are very similar to the problems that Friona ISD is currently dealing with.

Richman, Talia. (2023 October 15). Inside Texas' explosion of uncertified new teachers filling shortages. The Dallas Morning News.

https://www.dallasnews.com/news/education/2023/10/15/inside-texas-explosion-of-uncertified-new-teachers-filling-shortages/

*Teacher vacancies nationwide jumped 51% between August 2022 and August 2023.

*Some districts are interested in certified teachers teaching virtually to in-person students.

*The ESSER grants have been relied upon to provide for upping bonuses but what happens when the fund runs dry?

*Some districts are trying to recruit from within their own communities and districts, and even encouraging high school students to train in the teaching profession and earn their degree at the same time.

*Providing paraprofessionals are also being given the opportunity to attend professional development to give them room to grow and advance in their career.

This article gives some options of what some districts are doing to relieve the teaching shortage so many schools are facing. Friona ISD may have to seek some of these solutions in the future because when uncertified teachers are hired, other challenges come to light such as retention and the impact uncertified teachers have on students' success.

Merod, Anna. (2023 December 22). 4 key school staffing solution themes that emerged in 2023. K-12 Dive. https://www.k12dive.com/news/k-12-school-staffing-solutions-2023/703331/

No Child Left Behind, 20 U.S.C. § 7801(23) (2002). https://www.congress.gov/bill/107th-congress/house-bill/1/text?__cf_chl_tk=VAscLSR9aK38pajQ6YLmsCvXBJNL.Y3J3Y9E21oeF30-1732499703-1.0.1.1-YxYlokvJNrhaJ8L_tfWf5_AFpUh65avjqZmuPCOlpbI

In the contract that all teachers sign, no matter whether probationary, term, or continuing, there is a section that states an educator must maintain to be “highly qualified.”  According to the No Child Left Behind Act of 2001, “highly qualified” means to have a bachelor’s degree, complete full state certifications, and demonstrate competency by passing state certifications assessments or other similar certification tests.  With Friona ISD maintaining the distinction of District of Innovation, teachers do not have to have a bachelor’s degree or teacher certification upon hiring.  The district allows an individual to earn their bachelor’s degree and/or teacher certification within three years of employment with evidence of progress or completion of classes/modules.  

U.S. Const. amend. XIV § 1

Amendment fourteen of the United States Constitution guarantees equal protection.  Although teachers are often under different rules and regulations, the fourteenth amendment guarantees teachers the protection of all laws.

https://constitution.congress.gov/constitution/amendment-14/

Teacher Employment Contracts, 21 T.A.C .21.002 (a), (b),  (c)  (2013).  https://statutes.capitol.texas.gov/Docs/ED/htm/ED.21.htm#21.404

This law outlines the different types of employment contracts and reasons for nonrenewal or termination as well as when a contract can be voided.  Understanding the types of employment contracts is crucial to understanding when taking on the job of a teacher.

House Bill 3217. (2019 May 5). 86th Leg. § 2 https://www.legis.state.tx.us/tlodocs/86R/billtext/html/HB03217F.HTM

This house bill changes the requirements for educators for the number of hours required for the bachelor's degree. The bill also requires the State Board of Education to require a minimum number of hours for semester credit of field based experience or internship.

Texas Association of School Boards. Employee Standards of Conduct. (2023, November 14). https://pol.tasb.org/PolicyOnline/PolicyDetails?key=992&code=DH#legalTabContent

In this section of the board policy adopted by Friona ISD from TASB, it states that “educators shall comply with standard practices and ethical conduct toward students, professional colleagues, school officials, parents, and members of the community and shall safeguard academic freedom.”

Educators’ Code of Ethics, 19 Tex. Admin. Code. 247.2 https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&app=9&p_dir=&p_rloc=&p_tloc=&p_ploc=&pg=1&p_tac=&ti=19&pt=7&ch=247&rl=2

When an individual signs their employment contract, they are required to abide by the Educators’ Code of Ethics.  This code provides guidelines in maintaining professionalism while ensuring an educator is abiding by professional ethical conduct, standards, and practices.  Friona ISD does not have to hire certified teachers or even individuals who hold a bachelor’s degree.  In many instances, the individuals hired are very young adults who are not aware of all that encompasses the expectations and requirements of holding an educator’s role and are often non-renewed at the end of the year and then do not understand why.

Edutopia. (2024, July 30). A starter pack of resources for new teachers. https://www.edutopia.org/package/edutopia-resources-new-teachers

*Uncertified teachers tend to stay in the profession less than five years and that poses a retention problem to many districts.

*Young adults who are hired for teaching positions are often uncertified and lack the knowledge of their legal and ethical obligations to the employment contracts they sign when they accept the position.

*These uncertified teachers are bound by law for following guidelines for special education students.

*Districts can apply to become a District of Innovation which allows them to loosen their requirements for hiring teachers.

Texas Classroom Teachers Association publishes The Survival Guide which can guide teachers in legal matters and help them understand what steps to take if action has been taken against them.

*New teachers also need to be aware of the requirements for becoming a "highly qualified" certified teacher which will allow them to keep teaching in their preferred content.

*Some districts are looking to other options for solving the teacher shortage and retention problems. One option is to hire teachers who teach virtually to in-person students.

*The ESSER grants were used to help increase teacher pay. What will happen when those funds dry up and schools are faced with decisions of cutting staff positions? This is another problem many districts may face in the near future.

*Providing support and guidance to the new teachers will help keep them in the profession and succeed in their chosen role.

*Overall, there are pros and cons to hiring uncertified teachers to fill vacancies, but as of right now, many districts do not have a choice.