Texas Teacher Evaluation and Support System

YOUR LEGAL RIGHTS AND RESPONSIBILITIES

Be aware: Deregulation may lead to loss of teacher rights

Education policymakers in Texas are often in the position of balancing a desire for local control against the need for state regulation. School district administrators and board members typically favor deregulation at the state level, using the argument that local officials can best make decisions based on the needs of the community. But deregulation can result in losses of legal rights and protections for teachers, students and parents. State laws such as the state minimum salary schedule, duty-free lunch, planning periods, teacher disciplinary rights, and more are essential components of teacher working conditions and the learning environment. In recent years, rather than repealing state regulations, lawmakers have chosen to provide more opportunities for bypassing them. Generally, waivers and exemptions are limited to the same laws that do not apply to charter schools. Certain

laws, including those pertaining to graduation requirements, testing and accountability, health and safety, special education and bilingual programs (also protected under federal law), and extracurricular activities, cannot be waived or exempted.

The following are the major ways districts can bypass state laws. Employees should pay close attention to school board meetings at which these options are discussed, and should be aware of the exemptions from law that their district has taken.

Waivers

Districts have long had the ability to request waivers from the commissioner of education for certain laws. Districts must continue to apply for waivers if needed (the longest period for a waiver, only applicable to certain types, is three years) and must follow specific procedures outlined in state law and administrative rule. Common waivers include those regarding staff development, timelines for accelerated instruction, modified days due to state testing, teacher and superintendent certification, student attendance, and class sizes.

Districts of Innovation (DOIs)

Authorized by the legislature in 2015 under the premise that deregulating districts would lead to innovations in education, DOI plans have instead focused on administrative conveniences such as hiring uncertified educators and increasing class sizes. DOI plans do not have to be approved by the commissioner, but must be developed and approved by a local committee and voted on by the school board. A district can initiate the process to become a District of Innovation by either a resolution adopted by the board of trustees or a petition signed by the majority of the members of the district-level committee. If a district chooses to proceed, the plan describing the education program and the laws from which the district seeks exemption must be approved by a majority of the district committee before a vote by the school board. Because a District of Innovation can exempt itself from many laws, including those protecting teacher rights and benefits, the district committee’s role is crucial (see page 6). As of Sept. 30, 2021, 917 Texas districts have converted to DOIs. The vast majority of DOI plans (909) include an exemption from the law governing the school start date. Other very popular exemptions include teacher certification (840+), probationary contract limits (500+), and class sizes (400+). More than 100 education laws on the books ranging from bidding/purchasing requirements to the entirety of Chapter 21 (employee rights and benefits) have been excluded by at least one DOI plan.

Turnaround campus charters

The 2015 DOI legislation included another deregulation option, suggesting district charters as a “turnaround” option for campuses identified as unacceptable for two consecutive school years. District charter campuses are only subject to certain laws, similar to those that apply to an open-enrollment charter. Charter schools are not required to follow much of the Texas Education Code, and certain teacher rights and benefits (including contract provisions, duty-free lunch, planning time, or the ability to remove disruptive students from classrooms) could be taken away. Under legislation passed in 2019, the law was expanded to allow the designation of a campus as an “ACE” (accelerated campus excellence) school. The ACE plan must be prepared by the school district in consultation with the campus intervention team and allow parents, the community and stakeholders an opportunity to review the plan before it is submitted for approval to the board of trustees. The plan must include written comments from the campus-level site-based decision-making committee, if applicable; parents; and teachers. However, unlike other campus turnaround plans, an ACE plan must include a detailed description of employment and compensation structures for the principal and teachers, and the principal assigned to the campus has final authority over personnel decisions. Additionally, the commissioner is authorized to determine whether the plan meets the applicable statutory provisions in deciding whether to approve the plan. At least 60% of the teachers assigned to the campus must be teachers who have demonstrated instructional effectiveness during the previous year. For a teacher who was in the district the previous year, effectiveness is based on the teacher’s impact on student growth as determined through a locally developed value-added model that measures student performance on at least one assessment selected by the district, and an evaluation based on classroom observation. For a teacher who was not in the district the previous year, effectiveness is determined through data and other evidence indicating that he/she would have performed in the top half of teachers in the district. The significant amount of authority given to the commissioner to deem a campus ACE plan’s employment and compensation structures acceptable is cause for concern. The commissioner’s decision regarding approval of an ACE plan is final and not appealable. The final authority given to the principal of an ACE campus over personnel decisions is also cause for concern. It will be important for teachers and support personnel at struggling campuses to pay close attention to school district attempts to create ACE turnaround plans and to review and comment on such plans. Since any campus turnaround plan must include written comments from the campus sitebased decision-making committee, this serves as yet another example of the need for teachers and instructional personnel to participate on their campus SBDM committees (see page 6).

SB 1882 partnerships

Senate Bill 1882, a law passed in 2017, allows a school board to partner with an open-enrollment charter school or other eligible entity (such as a university or nonprofit) to operate a district campus, including as an alternative to state intervention under accountability statutes. Districts can receive additional funding for taking advantage of this program. On paper, SB 1882 offers districts flexibility in the partners they approach and the type of campus they decide to operate. It also allows districts with one or more failing schools a chance to turn them around without accountability sanctions. But districts that choose this process give up control of their campuses to an outside entity, which could spell trouble for teachers, students and parents.

YOUR STUDENTS

Curriculum/programs

The Texas Essential Knowledge and Skills are the state standards for public schools.

Foundation and enrichment TEKS

The foundation TEKS are those in English language arts and reading, mathematics, science, social studies (including economics), Spanish language arts and English as a second language. The enrichment TEKS are those in languages other than English, fine arts, health, physical education, technology applications, career and technology education, religious literacy and personal financial literacy. The TEKS for grades K-8 math and one or more courses offered for high school graduation must include personal financial literacy instruction. The health curriculum must emphasize both physical health and mental health. Implementation resources for both the foundation and enrichment TEKS can be accessed at http://tea.texas.gov/Academics/Curriculum_Standards.

Physical education/physical activity requirements

State law requires that at least 50% of a PE course (on a weekly basis) comprise actual student physical activity at a moderate or vigorous level, while meeting the needs of students of all ability levels, including students with a mental disability. Districts must establish goals that include class-size ratios small enough to ensure student safety. State law/rules require all students enrolled in full-day pre-K, kindergarten or grades 1-5 in an elementary school setting to participate in moderate or vigorous physical activity for a minimum of 30 minutes daily or 135 minutes weekly in a TEKSbased PE class or structured activity, including recess. Students must participate in moderate or vigorous activity at least 30 minutes per day for at least four semesters during grades 6-8 (exemptions are allowed for students who participate in an extracurricular activity that includes vigorous exercise). Districts with block scheduling are permitted to require moderate or vigorous physical activity for at least 225 minutes during a twoweek period. Districts and open-enrollment charters are required to conduct annual physical assessments for students in grade 3 or higher who are enrolled in a PE course.

Middle school fine arts

State Board of Education rules clarify that students must complete only one fine arts course during the entirety of grades 6-8.

Optional flexible year/school day program

State law allows school districts to use a flexible year program to provide up to 4,200 fewer minutes of instruction than required by law to all students other than at-risk students, so that additional instruction can be provided to students who did not or are not likely to perform successfully on the state assessment or who otherwise would not be promoted to the next grade level. State law also allows school districts to provide an optional flexible school day program for students who have dropped out of school, are at risk of dropping out, or as a result of attendance requirements, will be denied credit for one or more classes.

District curriculum scope and sequence

School districts must now ensure sufficient time is provided for teachers to teach and students to learn the essential knowledge and skills for that subject or grade level when adopting a recommended or designated scope and sequence for a subject in the required curriculum. If a teacher determines that the students need more or less time in specific areas to demonstrate proficiency in the TEKS, then the school district may not penalize a teacher who does not follow the recommended or designated scope or sequence for a subject. A district may take appropriate action with regard to a teacher for conduct based upon documented evidence of a deficiency in classroom instruction that has been observed or if based upon third-party information that has been substantiated and documented.

Restrictions on instruction

Recently passed legislation aimed at prohibiting the instruction of critical race theory places some restrictions on teachers of any course or subject beginning Dec. 2, 2021. Most notably, a teacher cannot be compelled to discuss a widely debated and currently controversial issue of public policy or social affairs, but if a teacher chooses to, the teacher must explore the topic objectively and in a manner free from political bias. In addition, districts, charter schools and teachers are prohibited from requiring or awarding credit (including extra credit) for students’ political activism, lobbying, other efforts to persuade government by direct communication, or participation in any program involving social or public policy advocacy. Teachers and other school employees also are prohibited from requiring or making a part of a course inculcation in any of the following concepts: one race/sex is inherently superior; an individual is inherently racist or sexist either consciously or unconsciously by virtue of the person’s race or sex; an individual should be discriminated against or receive adverse treatment because of the person’s race; an individual’s moral character, standing, or worth is necessarily determined by the person’s race or sex; an individual, by virtue of the individual’s race or sex, bears responsibility, blame, or guilt for actions committed by other members of the same race or sex; meritocracy or traits such as a hard work ethic are racist or sexist or were created to oppress another race; the advent of slavery in what is now U.S. territory constitutes the true founding of the U.S.; slavery or racism are anything other than deviations from the authentic principles of the U.S. The new law also provides that a district or charter school may not have any rule or student code of conduct that would result in the punishment of a student for discussing or have a chilling effect on student discussion of the concepts described above.

Student assessment

The current state student assessment system, the State of Texas Assessments of Academic Readiness, began in 2011-12.

STAAR

The STAAR system annually tests students in grades 3-8. High school students must pass Algebra I, English I, English II, Biology and U.S. History end-of-course exams to graduate.

Beginning with the 2022-23 school year, all the above assessments must be administered electronically, unless otherwise provided by commissioner rule.

Individual graduation committees must be established for students in 11th or 12th grade who have failed up to two of the EOCs. The committee determines whether a student can graduate despite failing the exams (see page 41). A student who fails the Algebra I or English II EOC but receives a proficient score on the Texas Success Initiative in the corresponding subject satisfies the EOC passage requirements. Assessments for grades 3-8 may not have more than three parts. Each part must be designed so that, in grades 3 and 4, 85% of students will be able to complete that part within 60 minutes; and in grades 5-8, 85% of students will be able to complete that part within 75 minutes. The time allowed for the test may not exceed eight hours and may occur in multiple parts over more than one day. These requirements do not apply if, as determined by commissioner-appointed assessment advisory committees, the assessment would no longer comply with federal law or be valid and reliable. These requirements also do not apply to a classroom portfolio method of assessing writing. The Algebra I EOC must be administered with the aid of technology but may include one or more parts that prohibit the use of technology. EOCs can be administered in multiple parts over more than one day. The testing schedule for STAAR cannot include a test administration on the first instructional day of a week, although districts/charters can request to administer an assessment on the first instructional day of the week if using a different day would result in a significant administrative burden due to specific local conditions. Beginning with the 2022-23 school year, not more than 75% of the available points on an assessment instrument may be attributable to questions presented in a multiple-choice format.

Students who opt out

State law provides that parents are not entitled to remove their child from a class or other school activity to avoid a test. Normally, TEA requires that students who are in attendance on the day of testing and choose not to participate or refuse to mark their answers, and who are in grades 3-8 or are taking an

2021-22 STAAR REQUIREMENTS

Grades 3-8 assessments

Grade 3 Reading, Math Grade 4 Reading, Math, Grade 5 Reading, Math, Science Grade 6 Reading, Math Grade 7 Reading, Math, Grade 8 Reading, Math, Science, Social Studies

Grades 9-12 end-of-course assessments

English I and English II Algebra I Biology U.S. History

EOC for the first time, will have their tests submitted for scoring as is (meaning they will be recorded as failing the test).

See also www.tea.texas.gov/student.assessment/staar.

Limits on testing

Field tests: Separate field testing of existing tests can be conducted no more than once every other year. TEA must notify each school district before the beginning of the school year of any required participation in field testing. Benchmark tests: Districts are prohibited from administering more than two benchmark tests per state assessment, excluding administration of college prep assessments such as the PSAT, SAT, ACT, AP exams, etc. A parent can request additional benchmark tests. Districts also are prohibited from administering any locally required test designed to prepare students for state-administered tests on more than 10% of instructional days; campus site-based decision-making committees may approve an even lower percentage of days. Test administration: Procedures must minimize disruptions to school operations and the classroom environment. Limits on removal from class: School districts are required to adopt policies that limit removal of students from class for remedial tutoring or test preparation for more than 10% of the school days on which the class is offered, unless the parent gives written consent.

Vertical scale scores

As required by law, TEA developed a vertical scale for assessing student performance on the English STAAR for reading and math in grades 3-8 and Spanish STAAR for reading and math in grades 3-6.

Measure of annual improvement

TEA is required to determine the annual improvement necessary for a student to be prepared to perform satisfactorily Continued