Examining the 2024 Texas Teacher Certification Scandal: FAQs with Tony Bertolino

Transcript

Speaker 1: 0:01

This podcast is for educational purposes only, does not constitute legal advice and does not create an attorney-client relationship. If you need legal assistance about a legal problem, contact an attorney. Welcome to another episode of Know your Regulator, the podcast that inspires you to engage. I’m your host, simone Murphy, and co-hosting with me today is MJ Hooper. Hey, mj.

Speaker 2: 0:26

Good afternoon.

Speaker 1: 0:28

In our latest episodes we have continued to uncover one of the most shocking scandals to hit Texas education the teacher certification fraud cheating ring in 2024.

Speaker 2: 0:40

We are going to explore the most frequently asked questions of this scandal with our managing partner of the Bertolino Law Firm, mr Tony. Bertolino, tony, thank you for joining us today.

Speaker 3: 0:53

Yeah, well, thank you. Thank you for having me. This is definitely an important discussion and very topical. Unfortunately, I missed the last couple of podcasts that address this topic, but I’m glad to be able to be available today and contribute in some way. So again, thank you for having me.

Speaker 1: 1:11

Well, let’s start with the big question, Tony how did fraudulent certifications manage to bypass scrutiny in the first place?

Speaker 3: 1:20

Well, you know these alleged scandals. By the way, we’ve got to continue to call these allegations. You know what they are they’re allegations and it is an alleged scandal. There hasn’t been a final finding, either by law enforcement or even by the TEA, that you know the perpetrators are guilty of anything, but this alleged scandal appears to really stem from. You know weak oversight mechanisms within the Texas Education Agency. You know weak oversight mechanisms within the Texas Education Agency and you know TEA’s certification process. They rely heavily on both human review and automated systems, and this alleged scandal apparently exposed vulnerabilities in both of those. You know and really looked at the problems with the internal policy systems and procedures and recognized that the flaws is the primary culprit and cause of the problem. And now they’re addressing it, which is a good thing.

Speaker 2: 2:12

So, mr Toney, do you feel this is an issue with technology, maybe human error or even systematic?

Speaker 3: 2:19

You know, I think likely it’s a combination of all three. You know, by all accounts, the teacher certification approvals, they were very much rushed or very possibly, you know, rubber stamped, without a thorough vetting of the applicants themselves. And of course, the, you know, the testing processes themselves have certainly been compromised, which I’m sure we’re going to discuss further in this podcast.

Speaker 1: 2:43

Do you think that this could indicate a lack of adequate checks and balances?

Speaker 3: 2:48

I do. You know it’s clear that the safeguards were insufficient, which allowed these alleged bad actors to exploit the testing system and this was a pretty high level of sophistication in exploiting the testing system. And you know the breakdown in the system itself needs to be corrected. And the good thing behind all of this is that you know, if you want to see a silver lining, is that TEA has realized that there is a breakdown in the system and now they can do what they need to do to correct it and, at the end of the day, protect students, protect children.

Speaker 2: 3:27

I feel this scandal calls into question the TIA’s ability to monitor and enforce compliance effectively. Why do you think TIA took so long to act?

Speaker 3: 3:36

You know the delay is very concerning. You know, this scandal, this alleged scandal, really broke and began in 2020. And since then, the number of alleged fraudulent certifications that were issued by the state have steadily grown, that were issued by the state have steadily grown. And you know, like most regulatory agencies, like TEA, these agencies they face backlogs or resource limitations. But the delay here could have also suggest a lack of urgency or awareness. Another thing that I’ve been thinking a lot about as the cause of the delay is because of law enforcement and their involvement. You know, it’s very likely that TEA may have given law enforcement a little bit more ground or more delay, which again doesn’t really give TEA any excuse for the delay. I mean, imagine you’ve got years in which teachers were in classrooms that didn’t have valid certificates to teach because they were cheating. You know cheating, you know and and then you know and you’re looking at students and and children. You know young children even being taught by these kinds of individuals, which they never should have been in the classroom in the first place.

Speaker 1: 5:01

Yeah, absolutely. Could there have been any warning signs that maybe have been ignored?

Speaker 3: 5:07

You know that’s a that’s a very strong possibility. You know, sometimes these regulatory agencies and and TEA is no exception they tend to deprioritize these investigative leads, that they think the issue is isolated and incidental. Unfortunately, this is an approach that can, you know, lead to bigger problems that fester, as can be seen by this scandal.

Speaker 2: 5:29

Do you think this is a failure within internal reporting or even possibly whistleblower protections?

Speaker 3: 5:36

You know, I think both could have played a role. You know, transparency and accountability within these regulatory agencies are critical, and you know, the absence of these elements often exacerbates the scandals. And that’s exactly what happened here.

Speaker 1: 5:49

TEA has emphasized transparency, moving forward and even decided to release over 100 of the accused names to the media. Do you think that their efforts will include disclosing how the certifications slipped through the cracks?

Speaker 3: 6:05

You know, there has been a huge attack by the public against TEA and they’re going to need to do that if they want to rebuild public trust. And, of course, that involves acknowledging failures and that’s the first step toward the meaningful reform. I think public trust is huge right now. I think the public you know all these parents throughout the state of Texas are expecting TEA to do something and to correct these procedures and these systems. And I think, yeah, absolutely. I think acknowledging these failures and doing what needs to be done to correct these systems in a meaningful way, in the form of reform, is going to be vital, Absolutely.

Speaker 2: 6:50

But I also feel accountability is going to be a big key factor here. Tony, when was the accountability when the scandal first surfaced? And how did 17 fraudulent certifications go out in 2024 without anyone stepping in?

Speaker 3: 7:07

Yeah, yeah, you know, accountability means not just addressing the alleged perpetrators, but also examining those systemic failures within the regulatory agency, and those in leadership from the commissioner all the way down to you know, all the way down must face scrutiny for their role in allowing this to happen in the first place and acknowledging that reform is necessary to prevent future failures like this. Acknowledging that reform is necessary to prevent future failures like this. Again, it’s all about the children, it’s all about these students, and I think TEA is in a really good position even going into 2025, in making the necessary changes and reform to avoid this from ever happening again.

Speaker 2: 7:44

So with that, tony, perfect segue. What do you think TEA could do to overhaul the certification testing process to ensure strict compliance?

Speaker 3: 7:55

moving forward you know there’s several things. You know, strict monitoring of the test taking locations, I think, is vital, improving the security protocols within the testing facilities, increasing third party oversight is also a necessary step and also conducting independent and random audits is a must, you know, just making sure that these testing facilities are doing what they’re supposed to do.

Speaker 1: 8:21

Absolutely, and are there any examples from other states that Texas might be able to follow?

Speaker 3: 8:27

You know, it’s not unheard of for regulatory agencies like TEA to examine the methodologies used by sister states. Now, I don’t personally aware of any states that have implemented any stricter controls when it comes to these testing facilities, but I wouldn’t be surprised if TEA does examine sister states in a way, you know, looking for ways to improve their own system and, of course, using technology. I’m certain that a lot of sister states are using advanced technology to prevent these kinds of frauds from happening within the testing facility. So, yeah, I don’t doubt that there’s a good possibility that other sister states’ methodologies may be adopted.

Speaker 1: 9:17

Let’s hope so. As we wrap up, let’s focus on the path forward for TEA. How can they uncover the full extent of the scandal and rebuild public confidence?

Speaker 3: 9:28

You know, I think that TEA is going to need to be very, very transparent and proactive. You know a comprehensive investigation is needed to uncover all the alleged fraudulent certifications. I think it’s. You know it may go deeper than what we’re. You know what we’re seeing and I think, at the end of the day, it’s going to be important to hold everyone involved accountable. And even beyond that, reforms must ensure that this doesn’t happen again, because you know, tea is in the business of protecting children, protecting students, and certainly they’re going to make sure that this never happens again, right.

Speaker 2: 10:05

Do you think, by chance, tia will need external help to restore their credibility?

Speaker 3: 10:10

I think very likely. Yes, I think bringing in independent oversight and partnering with trusted stakeholders are ways that they can demonstrate their commitment to change and making sure that they can correct these internal procedures as well as look for ways to better their external procedures. So yes, absolutely.

Speaker 1: 10:32

Agreed. The public deserves to see decisive steps that prioritize the integrity of the education system, and thank you, tony, for joining us today and for shedding light on such an important topic and important story that’s still continuing to unfold.

Speaker 3: 10:51

Yeah, absolutely, you’re welcome, thank you.

Speaker 2: 10:54

And I’d also like to thank our listeners for tuning in. This scandal is a stark reminder of why oversight and accountability are essential in every regulatory process.

Speaker 1: 11:06

Absolutely, mj, and you can stay informed and up to date on the latest news surrounding this teacher certification scandal by subscribing to Know your Regulator. Until next time, take care.

Speaker 2: 11:20

Know your Regulator. The podcast that inspires you to engage.