School vouchers

Media headlines portray ongoing discussions surrounding school vouchers in states like Tennessee and Arizona. Facing a near $1 billion deficit, Arizona Gov. Katie Hobbs promises to bring accountability to the state’s school voucher program that is anticipated to top $900 million in 2024, ABC News reports.

The deficit is largely a result of the increased costs of the state’s expansion of the voucher program in 2022 and a 2021 tax cut impacting incoming tax revenues.

In a memo released in July 2023, the voucher program was criticized after projections revealed it may cost taxpayers nearly $1 billion annually. Hobbs issued a statement in response promising transparency and an improved voucher system.

“The universal voucher program is unsustainable,” she wrote. “Unaccountable school vouchers do not save taxpayer money, and they do not provide a better education for Arizona students. We must bring transparency and accountability to this program to ensure school vouchers don’t bankrupt our state. I’m committed to reforming universal vouchers to protect taxpayer money and give all Arizona students the education they deserve.”

Hobbs is now proposing changes that require private schools that receive voucher funding to set minimum education requirements for educators and that students attend public school for at least 100 days before they can become eligible for the vouchers, ABC News reports.

Similarly, Tennessee Gov. Bill Lee aims to expand his school voucher program statewide, The Tennesseean reports. The proposed Education Freedom Scholarship Act would provide 20,000 with some $7,000 to enroll in a private school or for the use of other educational expenses. The first 10,000 students would gain eligibility determined by an income requirement. In 2025, the program will be expanded to universal eligibility.

School funding and safety

About one year ago, a court ruling decided Pennsylvania’s education funding system was “unconstitutionally inequitable,” Spotlight Pennsylvania reports. Since then, lawmakers have been tasked with its revamping, which has been under discussion amongst a bipartisan commission and state House Majority Leader Matt Bradford (D. Montgomery).

Matthew Kelley, a school funding scholar at Penn State, originally served as a primary witness during the funding lawsuit. He unveiled to lawmakers that the system’s funding shortfall had reached $6.2 billion, which makes up about 20% of Pennsylvania’s total education spending, according to Spotlight Pennsylvania. 

“These funding gaps do not impact all student populations equally,” Kelly wrote in his testimony with added emphasis on its impact on Black and Latino students.

The commission aims to release a report based on its hearings sometime in January, which will then hope to bring legislators some answers for closing the funding gaps.

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In terms of school safety, a fatal shooting at a Perry, Iowa, high school early this year has prompted Iowa state legislators to view school safety as a top priority this legislative session, The Daily Iowan reports.

“People choose Iowa because our state is viewed as safe,” said House Speaker Iowa Rep. Pat Grassley, R-New Hartford in his opening remarks. “So when we see these senseless acts of violence in our own home state, in our own schools, it shakes us to our core. In Iowa, every parent should be able to send their kids to school and trust that they will return home safe.”

As a result, Republican lawmakers promise to bolster school security while Democrats are prioritizing changes to mental health and gun safety in Iowa.

Reading proficiency

Indiana lawmakers expect to address several issues in its education system, including its literacy “crisis,” the Indiana Capital Chronicle reports. Recent data from the Indiana Department of Education revealed that more than 80% of third graders at public and private schools passed the 2023 Indiana Reading Evaluation and Determination. However, the department wants to raise that number to 95% by 2027.

“We have to shoot high,” Indiana Secretary of Education Katie Jenner told the Indiana Capital Chronicle. “We have a goal set—we know it’s aggressive, and we are following that with some very aggressive tactics to support our current and future teachers to try to engage our parents and families in getting kids to school.”

The state passed several bills in 2023 to mitigate the pandemic’s effects relating to learning loss and academic proficiency. One of those efforts included requiring schools to use “science of reading” curricula by the 2024 school year.

Now, state lawmakers are working to enhance a policy that requires students who are deficient in reading to repeat the third grade, according to the Indiana Capital Chronicle.

“There was a little bit of controversy there on both sides of the fence,” said Republican Sen. Jeff Raatz who also chairs the Senate Education Committee. “But it’s [the General Assembly’s] responsibility to do the very best job we can to make sure that students can read as they go off into their careers.”

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Nearly all of the 1,300-plus school meal program directors who responded to a School Nutrition Association survey report said they were grappling with increasing costs, with a large majority calling it “a significant challenge.” Many of these directors said they were worried they would not be able to procure foods that would meet stricter school nutrition guidelines expected to be released by the U.S. Department of Agriculture in April.

“Inadequate funds and overly restrictive rules will soon cripple school meal programs,” said Chris Derico, president of the School Nutrition Association. “We believe all students deserve equal access to nutritious meals at school, and in schools that must charge for meals, we see inequities for children as well as unpaid meal debt increasing financial losses.”

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The association is now urging Congress to increase school meal funding and preserve current nutrition standards.

School nutrition supply chain snags

Fewer than one in five of the nutrition directors surveyed said current reimbursement rates cover the costs of producing a school lunch. This funding gap also makes it harder for district nutrition programs to pay competitive wages in today’s tight labor market, which in turn hinders efforts to provide healthier meals by cooking dishes from scratch.

Another top challenge identified by a large majority of school nutrition leaders was a shortage of menu items that will likely get worse if new nutritional standards are implemented. Districts with the highest numbers of students eligible for free-and-reduced eligibility are also the most likely to report severe procurement difficulties.

“With a lack of any nutrition mandates for dining or retail foods, limited demand for low-sodium and whole-grain products in the retail market leaves many manufacturers and distributors hesitant to prepare and stock specialty items for K12 customers,” the report asserts.

Unpaid meal debt continues to be a financial hurdle in districts that can no longer serve universal free meals. The shift back to paid meals since the pandemic has led to consistent drops in student participation, in part because some families fail to submit applications.

On the other hand, schools that provide free meals to all students also report a more positive social-emotional cafeteria environment, reduced stigma for low-income students and increased operational efficiencies, the report contends.

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“By ensuring that AI literacy is at the heart of our digital literacy program, we’re ensuring that we can not only mitigate the risk of AI, but seize the opportunity it creates to help improve the way we learn and the way we work,” says Rep. Lisa Blunt Rochester, a Democrat from Delaware, who co-sponsored the bill with Rep. Larry Bucshon, M.D., an Indiana Republican.

The bill, which would amend the Digital Equity Act, defines AI literacy “as the skills associated with the ability to comprehend the basic principles, concept and applications of artificial intelligence, as well as the implications, limitations, and ethical considerations associated with artificial intelligence.”

A main goal of the bill is to help schools teach students to use the rapidly advancing technology safely and ethically.  Grants created by the proposal would help district leaders and other education organizations:

• Provide teachers with training and certification to drive AI literacy efforts in schools.
• Send teachers to courses, workshops and conferences related to artificial intelligence instruction and course design.
• Schools without resources for computer science education would get assistance in using best practices to develop and design AI course materials for computer science classes.
• Create partnerships with the private sector to expand AI education.
•  Build school labs that provide students with hands-on AI learning experiences.
•  Develop virtual learning platforms for remote and individualized AI instruction.

“Every administrator, teacher and student should know how to use AI and how AI works because when you understand the underlying fundamentals, you will be better able to use AI safely, effectively, and responsibly,” Pat Yongpradit, chief academic officer of Code.org, said in a statement.

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The only restrictions are requirements on district size, demonstrated need, and the involvement of community partners, among other conditions, according to the school data tracking firm Burbio, which compiled the list. If you’re not teaching and learning in one of the following eight locations, know that your state may have similar programs:

• Small School District Modernization Grant: Available to Washington districts with fewer than 1,000 students or less and where property values are so low that replacing or modernizing school facilities with the state’s construction assistance program would be excessively burdensome on local property owners or would exceed district debt limits.
• Robotics Education Development Grants: New Hampshire districts that are partnering with a sponsor or business can request up to $15,000 to launch a robotics team.
• District-Wide Early Education Grant program: $3 million will be distributed to Alaska districts to create or expand pre-K programs. Low-performing districts and those not served by Head Start will be prioritized.
• Bipartisan Safer Communities Act: South Dakota districts with high absenteeism rates, a chronic absenteeism rate that has doubled since the pandemic, or attendance below 85% can seek up to $500,000 from this sub-grant.
• Supplemental Equipment Grants: Pennsylvania secondary schools and career and technical centers with established CTE programs are eligible to share $15 million to purchase classroom equipment.
• Olmstead Family and Community Engagement grants: Nonprofits serving students with disabilities in “historically underserved racial/ethnic communities or racial/ethnic communities” in Minnesota can partner with school districts on grants of up to $10,000.
• Specialized Secondary Programs Grant: California districts received $4.9 million to conduct in-depth studies of a core curriculum area that promotes technology skills.
• Hate Crime Prevention Round 2 Grant: Massachusetts districts that have experienced bias, that are chronically underperforming or that have partnered with a civil rights organization will be first in line for this funding, which requires a letter of support from the head of a local law enforcement agency.

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As a Tennessee district learned in S.C. v. Metropolitan Government of Nashville, No. 22-5125 (6th Cir. 11/15/23), harassment or bullying that occurs under a district’s watch after a charge of sexual harassment has been raised can itself be a form of discrimination based on sex.

A high school student was video recorded engaging in a sexual activity with a classmate on school property, but the student did not consent to either the sexual contact or its video recording. The video rapidly spread on social media and third-party websites, including pornography-distributing outlets.

Although a school representative arranged for the student and her mother to come to school to discuss the incident, the school’s principal never involved the district’s Title IX coordinator. Prior to the meeting, the student’s mother gave the principal a list of students who sent threats against the student and her family.

The meeting was not recorded, and its substance was disputed. According to the principal, the student said in the meeting that the activity had been consensual, but at trial, the District Court concluded that even if the student did not describe the encounter as a rape explicitly, “she more than likely did not describe the encounter as welcome or consensual.”

At the conclusion of the meeting, the principal suspended the student for three days.
After her suspension, the student entered an in-patient facility for support and treatment services and continued coursework remotely. When the student was discharged from the facility, the family moved to a different county due to continued threats.

The student’s grades dropped substantially, she began abusing drugs and alcohol, she withdrew from socializing, and she engaged in self-harm. At the time of trial, four years after the incident, she still suffered from severe mental health disorders, including post-traumatic stress disorder.

The student sued under Title IX, and her claim was consolidated with those of three other students who also alleged that they were video recorded while experiencing unwanted sexual contact.

Eventually, the District Court found the district liable under Title IX, concluding that the threats made against the student and her family triggered the district’s Title IX duties to prevent gendered interference with the student’s education. The District Court found that the unwanted sexual encounter and spread of the video afterward was sufficiently traumatic that it amounted to a risk of disrupting the student’s education and implicated the district’s Title IX responsibilities.

The District court awarded the student $75,000 in damages, prompting the district to appeal to the 6th U.S. Circuit Court of Appeals.

Title IX prohibits discrimination based on sex in any education program receiving federal funding. Under Title IX, districts can face liability for deliberate indifference to known acts of student-on-student sexual harassment where the harasser is under the school’s disciplinary authority.

In affirming the District Court’s ruling in the student’s favor, the 6th Circuit explained that the district was aware of continuing and severe threats made against the student but “did nothing in response” beyond directing the student to police.

“Some of these threats were made during school hours or, at a minimum, in connection with the school environment,” the 6th Circuit wrote. “As a result of the school’s inaction, the threats and harassment continued.”

The 6th Circuit upheld the $75,000 emotional distress damages award.

‘Gravamen’ of student’s IDEA claim about hearing impairment doesn’t preclude her ADA case

Those who have followed special education in the U.S. Supreme Court for the past six or seven years will have heard of the Fry and Perez cases that provide the standards for what happens when an ADA or Section 504 claim is about something the IDEA covers.

However, as a federal appeals court pointed out in the case of a Texas student in Lartigue v. Northside Independent School District, No. 22-50854 (5th Cir. 11/16/23), even courts don’t always accurately apply those standards.

A high school student with a hearing impairment used a hearing aid and required interpretation services. The student had an IEP, but, according to the student, the district failed to properly accommodate her hearing impairment as required by the IEP. For example, the student claimed that:

1. The district repeatedly failed to provide closed captioning for films and videos shown in class.
2. The district failed to ensure that two interpreters were available at all times so that one interpreter would be available if the other needed to take a break.
3. The counseling services the student requested were provided out in the open hallways of the school, which allegedly deprived the student of the confidentiality and privacy required for counseling to be effective.
4. The district’s failure to timely provide the student with communication access real time, or CART, translation services for a live debate competition left her unable to fully participate in the extracurricular activity.

The student’s parents sued under the IDEA and the Americans with Disabilities Act. The parents also filed a complaint with the state education agency, contending that the district failed to provide FAPE. A hearing officer concluded that the district satisfied the IDEA’s requirements and provided the student with FAPE.

After the administrative proceedings concluded, the District Court found that the student has satisfied the IDEA’s exhaustion requirements and thus could move ahead with her ADA lawsuit.

The district moved for summary judgment, which the District Court initially denied. However, on the district’s motion for reconsideration, the court reached a different conclusion, finding that the student did not have a standalone claim under the ADA because the essence of her complaint was the denial of FAPE.

The student appealed to the 5th U.S. Circuit Court of Appeals.

Based on U.S. Supreme Court rulings, under the IDEA, in a suit against a public school for alleged violations of the ADA or other similar anti-discrimination statutes, courts first assess whether the “gravamen”—or crux—of the complaint concerns the denial of a FAPE or, instead, is based on disability discrimination.

If the complaint does not concern the denial of a FAPE, then the plaintiff need not go through the IDEA’s administrative hurdles. On the other hand, if the complaint is predicated on a FAPE denial, then the court must ask what relief is sought. If the relief sought is not one that the IDEA can provide, such as compensatory damages, then, again, the plaintiff need not go through the IDEA’s administrative hurdles.

But if the relief sought is of the type that the IDEA offers, then the plaintiff must fully exhaust the administrative processes as required by the IDEA.

Based on what the Supreme Court has held, the 5th Circuit found that the district court committed “reversible error.”

In particular, the 5th Circuit noted that nothing in the IDEA restricts or limits a plaintiff’s ability to assert an ADA claim, even if the gravamen of her complaint was the denial of FAPE. Instead, if the central focus of an ADA claim is about FAPE, then the IDEA requires that the plaintiff exhaust administrative remedies before heading to court, which is what happened in the student’s case when the hearing officer ruled on the IDEA charge.
Because it found that the District Court’s order was contrary to the text of the IDEA, the 5th Circuit vacated the grant of summary judgment and remanded the case.

A dissenting judge in the case would have affirmed on grounds of collateral estoppel, which applies when the issues of fact that make up a claim are the same as those in an already-decided previous claim. According to this judge, the student’s ADA claim brought up the same issues as her IDEA claim, on which she was unsuccessful in the administrative hearing.

Faulty elevator raises disability discrimination problems for S.C. district

It’s not often the case, but situations may arise where repair crews and maintenance staff hold the keys to whether a district is compliant with disability law.

In Horry County Schools, No. 11-23-1154 (OCR 07/14/23), OCR recently determined that a non-functioning elevator put a South Carolina district on the wrong side of Section 504’s and ADA Title II’s accessibility requirements and may have led to a FAPE denial.

A complaint filed with OCR alleged that because the district did not properly maintain and repair an elevator, two students with disabilities were denied access to some of their classes. As acknowledged in a statement by the principal, the elevator was out of service, either partially or completely, for the better part of five months. Additionally, during a videoconference attended by district staff, the company that serviced the district’s elevator confirmed that the elevator in question would continue to be out of service beyond the end of the school year.

The district provided one of the students with an accommodation that involved the student taking a course online in a first-floor media center. However, the teacher of the course asserted that this accommodation was not fair to the student because it resulted in his being isolated from the rest of the class and denied him the opportunity students in the class had to collaborate with other students.

Additionally, the media specialist, whose duties did not include assisting the student, was not available to the student in the media center because he was assisting the substitute teacher in the classroom while the teacher was on maternity leave.

Although the student requested that the class be taught in a first floor classroom, the principal insisted on the student’s attending class from the media center. According to the student, this caused him to experience panic attacks.

Regarding the other student, the district claimed that it accommodated her by allowing her to work in a downstairs location of the building. Although the principal reported otherwise, the student and teacher reported to OCR that they were not satisfied with this arrangement.

Under Section 504 and ADA Title II, districts must ensure that their facilities are accessible to and usable by people with disabilities so they are not excluded from a district’s programs or activities. A district must maintain accessible features and equipment in operable working condition, although temporary or isolated interruptions or mechanical hiccups are acceptable if they do not persist beyond a reasonable period of time.

Based on its investigation, OCR determined that the fact that the elevator was inoperable for most of the school year denied students with disabilities, including the two at issue in the case, access to district programs and activities and may have resulted in a denial of FAPE.

As a result, the district entered into a resolution agreement with OCR.

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Such was the case in Guevara v. Chaffey Union High Sch. Dist., No. 22-56023 (9th Cir. 10/30/23), in which the 9th U.S. Circuit Court of Appeals agreed with the District Court below that a California district conducted a “reasonably thorough” and “extensive” evaluation before determining that a high schooler with an unspecified disability did not qualify for special education.

The student had emigrated from Honduras to live with relatives in California. He had not attended school since the sixth grade and did not speak English.

The student’s guardians requested a due process hearing, alleging that the district had failed to evaluate the student for special education eligibility, thereby denying him FAPE under the IDEA.

The district assessed the student using “various assessment tools and strategies,” and the district concluded that the student was ineligible for special education. According to the district, the student’s difficulties in school were attributable to his gaps in education and his unfamiliarity with English.

In the due process proceedings, the administrative law judge found that the district’s assessment was adequate and that its conclusion regarding special education eligibility was reasonable. In court, the District Court agreed with the ALJ’s decision and entered judgment in the district’s favor. The student appealed to the 9th Circuit.

Under IDEA case law, a procedural violation alone cannot qualify an otherwise ineligible student for IDEA relief. According to the 9th Circuit, in ruling in the district’s favor, because the district undertook a “thorough assessment” of the student and reasonably concluded he was ineligible for special education services, the district met its IDEA responsibilities.

In so deciding, the 9th Circuit highlighted that the ALJ reasonably concluded that the district’s evidence, including its direct classroom observation and “extensive” assessment of the student, was more persuasive than the student’s evidence.

The 9th Circuit affirmed the District Court’s ruling.

District Court rejects high school volleyball player’s request for judicial secrecy in Title IX case

Understandably, a student-athlete would want privacy when alleging that her coach subjected her to sex discrimination. However, as the court in Junker v. Mascoutah Community School District 19 Board of Education, No. 3:22-cv-1962-DWD (10/03/23) pointed out, courts tend to disfavor secrecy in judicial proceedings, even when they involve public school students.

A varsity volleyball coach for an Illinois district allegedly subjected team members to “demoralizing and degrading activities.” After becoming aware that one of the players met with a counselor at the school and that the counselor met with three of the player’s teammates, the coach allegedly “scolded” all four and imposed conditions on their ability to stay on the team.

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Alleging that the district failed to take action to protect the player or discipline the coach, the player sued under Title IX. After the court denied the district’s motion to dismiss, the parties sought a 60-day order to consummate a settlement of the case.

After the 60-day order was entered, the player sought a protective order allowing a sealed briefing of a motion to enforce the parties’ settlement agreement and a motion for sanctions. According to the player, her case had “picked up media attention” and a protective order would, among other things, “serve [ ] a legitimate and compelling interest of protecting a bargained for and binding non-disclosure and non-disparagement contracted interest” and that the request would allegedly “avoid disclosures of confidential information to the public and keep compliance with the non-disclosure, non-disparagement, and confidentiality agreements.”

Courts generally disfavor secrecy because, as the court in the case explained, “it renders it difficult for the public to understand why the case was brought, why it was litigated, the interests at stake, and whether the outcome was proper.”

Under the principle of judicial transparency, the court determined that there was no good cause for the sealing of the filings.

“Aside from passing references to media attention, the only bases provided to the Court for that relief are the existence of non-disclosure, non-disparagement, and confidentiality agreements between the parties as well as associated concerns,” the court wrote. “As the above authorities make clear, those bases alone are insufficient to outweigh the public’s interest in these judicial proceedings, i.e., in the Court’s decision on any motion to enforce a settlement agreement.”

Thus, the court denied the player’s request.

Cardona emphasizes resources for districts, states to support immigrant students

In a Dear Colleague letter, U.S. Education Department Secretary Miguel Cardona offered ED resources that districts can turn to in supporting immigrant students.

Citing the U.S. Supreme Court’s decision in Plyer v. Doe, 457 U.S. 202 (1982), Cardona specified that “all children in the United States have an equal right to enroll and participate in public elementary and secondary schools without regard to their or their parents’ or guardians’ immigration status.”

Cardona also noted that local education agencies must provide students who are not citizens or do not have immigration documentation with equal access to a public elementary and secondary education, regardless of their or their parent’s actual or perceived national origin, citizenship, or immigration status, and determine whether the student is eligible, on the same basis as any other student, to participate in programs supported with local, State, and federal funds.

The following are resources that Cardona’s letter directed districts to use:

Newcomer Toolkit. Originally published in 2016, this toolkit contains: 1) discussion of topics relevant to understanding, supporting, and engaging newcomer students and their families or guardians; 2) tools, research-based strategies, and examples of classroom and schoolwide practices in action; 3) professional learning activities for use in staff meetings or professional learning communities; and 4) resources for further information and assistance. In addition, the toolkit encourages asset-based and trauma-informed approaches and a focus on equity and inclusivity and features the Dual Capacity Framework for building school-family partnerships.

English Learner Toolkit. This toolkit covers legal requirements, including the civil rights of families of newcomer students.

ESSER Funds. Cardona reminded districts that as the period of availability for COVID-19 relief nears its end, state educational agencies and their LEAs may use funds under the Elementary and Secondary School Emergency Relief Fund and the Governor’s Emergency Education Relief Fund to address the impact of the COVID-19 pandemic on immigrant students.

ARP Funds. Additionally, the American Rescue Plan Elementary and Secondary School Emergency Relief—Homeless Children and Youth funds may be used by states to address urgent needs of children and youth experiencing homelessness—including academic, social, emotional and mental health needs. These funds must be obligated by Sept. 30, 2024.

ESEA Title I, Part A. Under ESEA section 1115(e)(2), a Title I school that operates a targeted assistance program may use a portion of its Title I funds to provide comprehensive services, such as health, nutrition, and other social services if such services are not otherwise available to eligible students.

English Language Acquisition Program. Title III, Part A funds can be used to supplement language instruction educational programs and activities that increase the knowledge and skills of teachers who serve English learners.

EHCY Program. The Education for Homeless Children and Youth Program, which is authorized by the McKinney-Vento Homeless Assistance Act, allows funds to be used for, among other things: 1) defraying the excess cost of school of origin transportation, including for school-sponsored extracurricular and family engagement activities; 2) tutoring, counseling, and management of referrals to health care and other necessary services; and 3) the provision of other extraordinary or emergency assistance needed to enable children and youth experiencing homelessness to attend school and participate fully in school activities, which can include items such as hygiene products, school supplies, and clothing.

Student Support and Academic Enrichment Program. This is an ESEA Title IV, Part A program that is intended to improve students’ academic achievement by increasing the capacity of states, LEAs, schools, and local communities to 1) provide all students with access to a well-rounded education; 2) improve school conditions for student learning; and 3) improve the use of technology to improve the academic achievement and digital literacy of all students, including immigrant students.

Discretionary Grants. For example, the National Professional Development grants program under Title III of the ESEA supports professional development activities that are designed to improve classroom instruction for students who are English learners and assist educational personnel working with such children to meet high professional standards, including standards for certification and licensure as teachers who work in LIEPs or serve students who are ELs.

Workforce Innovation and Opportunity Act. Under WIOA Title II, funds are available to support English language acquisition and integrated English literacy and civics education. Immigrants are eligible regardless of immigration status or employment authorization unless restricted by the State, provided they meet the law’s eligibility requirements.

Additionally, Cardona urged districts to coordinate efforts with state and local agencies for additional funding and housing, health, and child welfare services that may be available to support immigrant students.

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The “Freedom to Succeed” master plan, which should be completed next fall, will also emphasize:

• Hands-on learning and real-life skills. Students should have expansive opportunities to learn by doing and get trained in real-life skills, especially via paid “earn-and-learn” opportunities.
• Universal access and affordability. Students should have access to career education without incurring substantial debt or having to navigate confusing bureaucracies.
• Breaking down silos. State agencies will greatly expand alignment and coordination across sectors—both public and private—to ensure students are offered more career and skill-building opportunities.

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“All families, students, and workers deserve the freedom to succeed: to build real-life skills and pursue careers — including those that don’t require college degrees,” Newsom said in a statement earlier this year. “California is leveraging billions of dollars in investments to prepare students and workers for good-paying, long-lasting, and fulfilling careers.”

Newsom has directed the Superintendent of Public Instruction, the chancellor of the California Community Colleges and the presidents of the California State University and the University of California to produce the career education master plan in collaboration with the State Board of Education, the Labor and Workforce Development Agency and the Governor’s Office of Business and Economic Development.

California has been increasing CTE spending, including $500 million on the Golden State Pathways program, which provides students, no later than 10th grade, with opportunities to examine careers that require specialized technical training. The state has invested another $200 million each in dual enrollment programs and youth apprenticeships.

Regional K-16 Collaboratives will receive another $250 million to work with businesses to ensure K12 and higher ed career education programs are preparing students with the skills to meet future labor demands.

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In a recent on-demand webinar “Supporting Texas Teachers: Time-Saving Resources for Spring and Beyond,” hosted by Boardworks Education, we spoke with Texas school administrators Dr. Chris Miller, chief academic officer at Blue Ridge ISD; Rami Tulp, assistant director of intervention at Katy ISD; and Yolanda Delaney, director of elementary school leadership at Canyon ISD. They shared strategies to comply with the requirements of HB 1416 while supporting teachers and actually lightening their workload:

1. Filling the content gaps

According to our panel, one of the best ways to support teachers is to provide resources that will help to fill gaps in teachers’ content knowledge rather than leaving them on an island to figure it out for themselves. Miller shared how in a small district like Blue Ridge ISD, teachers often have to stretch to support instruction in areas they may not be completely familiar with.

For instance, a chemistry teacher might have strong knowledge of chemistry content, but is also being asked to support biology instruction and might not be as strong in that area. With HB 1416 this can become even more of an issue. Tulp shared how at Katy ISD a physical education teacher who has a math background is also pulling students out a few times a day for accelerated math instruction per Texas HB 1416. The teacher hadn’t taught math in a few years and requested some support in creating engaging lessons for her students.

To help support these teachers, districts can set up frameworks that provide curriculum tools for every content area so teachers can easily access lessons that will fill their content gaps. And if a student isn’t understanding the content, or if a teacher needs to accelerate learning for a student who gets it right away, districts will have resources and a plan already in place for those teachers so they know exactly what to do.

At Blue Ridge ISD, Miller said, they created a curriculum management plan where the district brought in resources and wrote curriculum to fill gaps. The Boardworks lessons that the district uses, for instance, are aligned to and specifically state how they address Texas state standards. They are ready-to-go lessons that teachers can easily implement to support the content areas they might not be familiar with.

2. Supporting new teachers who don’t have teaching backgrounds.

In Texas and elsewhere, many districts are hiring teachers who don’t have a traditional teaching background. We discussed during the webinar the hypothetical situation of hiring a teacher who switched from a career at Best Buy to being a teacher. The teacher may have a bachelor’s degree, but will likely need additional support with some aspects of teaching that they may not have experience in. For instance, how to scaffold instruction for students who may be two or three grade levels behind—something that’s needed in order to support Texas HB 1416 requirements too.

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Again, having the right resources is key. Tulp shared that Katy ISD provides content in multiple grade levels so all the students can work on content at their grade level. The district uses Boardworks lessons because it’s easy for teachers, especially those who don’t have experience, to implement and scaffold the lessons. It helps new and non-traditional teachers feel supported and makes their jobs easier.

Teachers like the Best Buy teacher might not be knowledgeable about scaffolding, but, Tulp said, when you have (the right resource), “it’s totally life-changing. It provides the opportunity for those students to have access to good quality content, and their teachers feel so much more confident.”

Miller pointed out that this support also ties back to the teacher retention issue. “If we can say to that alternatively certified teacher ‘don’t worry, we have resources and a curriculum framework that are going to help you succeed,’ that might be the difference between them staying or going to a different district,” he said.

3. Protecting teachers’ time

An Education Week survey found that the typical teacher worked 54 hours a week, but only 25 of those hours were actually spent teaching. Teachers spend a lot of time on other tasks, including lesson planning. One of the best ways to support teachers and keep them from getting burned out is to find ways to give them back some of that non-instructional time.

Canyon ISD’s Yolonda Delaney shared that one of the challenges at her district was that teachers had smartboards in their classrooms, but didn’t have time to create lessons for them. Teachers were spending hours creating interactive lessons for students to use with the smartboards and it just wasn’t sustainable. For them they addressed the challenge by adopting ready-to-use lessons with built-in interactivity. So instead of spending time creating the lessons, the teachers could spend the time teaching.

“Lesson planning and lesson execution is hard. The time to get all of that done – there’s not enough,” Delaney said during the webinar. “So how do we provide them with resources and take that off their plate so they don’t have to create (the lesson,) but can still execute it well?”

She said providing a good supplementary resource has helped the district meet this need. In addition to adopting the lessons, Delaney also stressed the importance of having principals engaged in the lesson-planning conversations to make sure teachers understand what’s being asked of them instruction-wise, and what it looks like in the classroom. When everyone is on the same page and that support is there, it makes teachers jobs easier.

The bottom line, Miller said, is that schools have to provide quality instruction for students. Whether there is a teacher shortage, a substitute shortage, or both, district leaders need to be able to find solutions to keep their learning happening. Providing teachers with quality curriculum and resources that will help them fill content gaps, save time, and scaffold instruction to accelerate or extend learning, empowers them. It shows teachers—including new teachers, alternatively licensed teachers, and substitute teachers – that they are supported and are being provided with the tools they need to succeed. This support will go a long way toward helping students succeed and making sure great teachers stay.

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The bill, introduced Wednesday, would require schools that receive federal broadband funding to prohibit students from accessing social media on all “subsidized services, devices, and networks.” The “The Eyes on the Board Act” was introduced just as the Federal Communications Commission was set to vote Thursday to expand E-Rate Wi-Fi funding from classrooms and libraries to school buses.

“Addictive and distracting social media apps are inviting every evil force on the planet into kids’ classrooms, homes, and minds by giving those who want to abuse or harm children direct access to communicate with them online,” Sen. Ted Cruz, one of the bill’s sponsors, said in a statement. “The very least we can do is restrict access to social media at school so taxpayer subsidies aren’t complicit in harming our children.”

It was unclear whether the Democratic-controlled Senate might approve the bill, which would apply to all social media apps but singles out two by name: TikTok and Instagram.

Internet protections already in place

Currently, The Children’s Internet Protection Act, commonly known as CIPA, requires schools to have Internet filters in place to block students’ access to obscene, pornographic or harmful pictures. Schools must also teach students about appropriate online behavior and enforce Internet safety policies that mandate the monitoring of minors’ online activities.

The Eyes on the Board Act’s sponsors, who include GOP Sens. Ted Budd of North Carolina and Shelley Moore Capito of West Virginia, said the bill would “promote parental limits and transparency” on Internet usage by requiring K12 E-Rate recipients to adopt a screen time policy. The FCC would have to maintain a database of districts’ internet safety policies to further inform parents, they explained.

“Students across the country fell behind in a big way because of COVID-era lockdowns,” Budd added in the statement. “Ever since, parents have reasserted their right to be involved in their child’s education.”

Read more: K12 chronic absenteeism has reached ‘stunning’ levels. Here’s why

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The answer may be simpler than it seems: Find the common ground. Cut through the noise, figure out where there are areas of agreement and move forward from there.

Common ground regarding bathrooms

For every issue, the first step is to know the laws in your state. Your school district may be required to prohibit transgender students from using the bathroom that aligns with their gender identity. Alternatively, other school districts may be required to allow transgender students to use that bathroom.

When finding common ground, conservatives and liberals can generally agree that (1) bathrooms should be places where students can relieve themselves without fear of intimidation, harassment, bullying or assault; (2) students have an expectation of privacy in the bathroom; and (3) students should not be made to feel uncomfortable in the bathroom.

Therefore, first, make sure your student codes of conduct are updated, clear and equally enforced. Have swift responses to allegations of inappropriate bathroom behavior, especially those related to improper sexual conduct in violation of Title IX.

Second, make sure your bathrooms (and locker rooms) are private. Have stalls and shower curtains, and install privacy strips. Third, have a single-stall bathroom open for students who are uncomfortable using a multi-stall bathroom.

Common ground regarding names

Recent research published in the Journal of Adolescent Health revealed that young people who are allowed to use their chosen name at school, home, work and with friends experienced 71% fewer severe depression symptoms, a 34% decrease in reported thoughts of suicide and a 65% decrease in suicidal attempts. As said by Utah Gov. Spencer Cox about transgender students, “Rarely has so much fear and anger been directed at so few. I don’t understand what they are going through or why they feel the way they do. But I want them to live.”

Read more: K12 chronic absenteeism has reached ‘stunning’ levels. Here’s why

Transgender students are not the only students who have thoughts of suicide, however. This is another place to find common ground. Students who feel disrespected, misunderstood and bullied may experience severe depression, regardless of their gender.

Indeed, bullying on the basis of religious ideology often flies under the radar. If schools intend to be a psychologically safe space for all students, they should promote efforts to be that for all students. Deal with bullying and promote a culture of respect. Teach how to disagree respectfully and how to research.

Again, state-by-state, the law varies on what school districts are required to do in regard to using chosen names and pronouns, and it is important to work with your legal counsel to determine what your obligations are. Regardless of the law, though, school districts should continue to promote respect for all regardless of ideology, sexual orientation or gender identity.

Common ground regarding disability

Liberal and conservative groups alike generally support a free and appropriate public education for students with disabilities. Recently, some parts of the country have recognized gender dysphoria (i.e., psychological distress that results from an incongruence between one’s sex assigned at birth and one’s gender identity) as a disability under the Americans with Disabilities Act. This means school districts must make accommodations. If the gender dysphoria impedes a child’s learning, a Section 504 Accommodation Plan may be in order.

Students with gender dysphoria may appropriately be accommodated by a plan that allows them access to certain resources and services. If being barred from a certain restroom causes a transgender child such distress that they do not use the restroom at school and develop urinary tract complications, an appropriate accommodation may be allowing them to use that bathroom.

If being called by their given name causes a transgender child such psychological distress that they cannot focus on school, an appropriate accommodation may be requiring school staff to use their chosen name.

While this disability-related information cannot be shared without the parent’s consent, this is where the culture of respect comes in. “We are all on different journeys and this helps your classmate on theirs,” may be all a child needs to hear if the culture has been created. It’s important to create this culture before you need it.

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