Three teachers in the district filed a grievance. Among other evidentiary items, the teachers provided proof that the plans took anywhere from 50 minutes to two hours to complete. When the district denied their grievance, they appealed it to then Texas commissioner of education Robert Scott. He upheld the district’s decision in Jennifer Adams, Rita Vasquez, and Edith Porter v. Ysleta Independent School District, Docket No. 043-R8-0306. The teachers appealed the decision to district court and received a split decision. According to Owen, “the district court upheld the requirements as to TEKS and TAKS objectives, lesson objectives, and lesson activities and strategies but reversed the Commissioner’s decision as to the validity of the requirement that teachers include the assessments, cognitive level, differentiated activities and modifications for special populations.” Both sides appealed, and the split decision was upheld by the Court of Appeals.
Owen continues, “…it determined that a school district may only require that a teacher write a plan that ‘outlines the information presented, which by definition includes what is taught and the activities used to teach the lesson.’”