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
AT THE CAPITOL | EDUCATION | NEWS | STATE EDUCATION | TOP STORY
Here are the top 20 exemptions picked by Texas
districts of innovation
Analysis shows how DOIs declare exemptions from Texas Education Code
By Evan Marczynski | Posted Jan. 23, 2017 at 12:12 pm
More than 60 Texas school districts have approved district of innovation, or DOI, plans in
the two years since state lawmakers passed legislation creating the new system, which
allows 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 as
targets for exemption, according to a Community Impact Newspaper analysis.


Districts that have sought to attain DOI designations have lauded the chance for more
뮺�exibility in hiring and scheduling practices. But critics such as the Texas State Teachers
Association have criticized the DOI concept as too far-reaching.
Here are the Texas school districts that have approved DOI plans:
https://communityimpact.com/austin/at­the­capitol/2017/01/23/top­20­exemptions­picked­texas­districts­innovation/
1/12
3/1/2017
Here are the top 20 exemptions picked by Texas districts of innovation | Community Impact Newspaper
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 input
and approval from an elected district-level committee and the school board. The TEA does
not have authority over a DOI plan’s approval, but the agency does retain the right to
investigate plans that claim unallowable exemptions.
The exemption most sought by DOI districts involves a section of the code that mandates
the 㬴rst day of classroom instruction each school year, which typically cannot begin
before the fourth Monday in August, according to the analysis.
Here are the most popular DOI exemptions:
1. First Day of
Instruction (Texas
Education Code
25.0811)
Mandates the
uniform start date
cannot be before
fourth Monday in
August.
2. Teacher
certi鶚cation
https://communityimpact.com/austin/at­the­capitol/2017/01/23/top­20­exemptions­picked­texas­districts­innovation/
2/12
3/1/2017
Here are the top 20 exemptions picked by Texas districts of innovation | Community Impact Newspaper
(21.003)
Requires teachers
and education
professionals to hold
appropriate
certi㬴cation (some
exemptions
allowed).
3. Class size limit
(25.112)
Caps kindergarten
through fourthgrade classes at 22
students.
4. Class size
noti鶚cation (25.113)
Compels districts to
notify parents of
class-size
exemptions.
5. Minimum
minutes of
instruction (25.081)
Requires districts to
provide at least
75,600 minutes, or
180 seven-hour
days, of annual
classroom
instruction.
6. Minimum
attendance 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.
https://communityimpact.com/austin/at­the­capitol/2017/01/23/top­20­exemptions­picked­texas­districts­innovation/
3/12
3/1/2017
Here are the top 20 exemptions picked by Texas districts of innovation | Community Impact Newspaper
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.
Tags
District Of Innovation
Texas Education Agency
Texas Education Code
https://communityimpact.com/austin/at­the­capitol/2017/01/23/top­20­exemptions­picked­texas­districts­innovation/
4/12
As of 02/27/2017, Districts of Innovation exempt from various types of educator certification are as follows:
All Teacher
Certification
Requirements
Bilingual
CTE
Dual Credit
Calallen
Dodd City
Farmersville
Forney
Harlingen
Hedly
Huntsville
Ira
Keller
Lake Callas
Lake Travis
Lampasas
Lefors
Mabank
Pearland
Terrell
Texarkana
Valley View
Bushland
Channelville
Eula
Galena Park
Kaufman
Sherman
Allen
Anthony
Bovina
Bridgeport
Bronte
Bryson
Canton
Channelview
Denton
Dripping Springs
Childress
Childress
Coppell
Crowell
Denton
Dripping Springs
El Paso
Eula
Friona
El Paso
Holliday
Godley
Grand Prairie
Gruver
Hardin-Jefferson
Harlingen
Holliday
Huffman
Hutto
Manor
Humble
Huntington
Hurst-Euless-Bedford
Hutto
Jarrell
Kemp
Knippa
Lytle
Mineola
Red Oak
Manor
Mansfield
Martin’s Mill
Menard
Mineola
Nazareth
Palmer
Plano
Roby
Round Rock
Red Oak
Roby
Roscoe
Rotan
Round Rock
San Saba
Slidell
Van
Van Alstyne
Childress
Gruver
Round Rock
Hutto
Jarrell
Knippa
Mineola
Plano
Roby
Anthony
Big Spring
Bovina
Bronte
Channelview
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
Childress
Dripping Springs
Crowell
Denton
El Paso
Friona
Grand Prairie
Gruver
Manor
Mansfield
Mineola
Huntington
Memphis
San Saba
Slidell
ELA
Bryson
Fine Arts
Foreign Language Bryson
Hard to Fill
History
Innovation or
New Classes
Out of Field
Special Education
STEAM
STEM
Bridgeport
Coppell
Childress
Crowell
Van Alstyne
*Source: http://tea.texas.gov/Texas_Schools/General_Information/Innovation/Districts_of_Innovation/