Texas reviewers flagged potential conflicts with state law across 17 National Board certificate-area standards involving “Diversity, Equity, and Inclusion” (DEI), sexual orientation, “gender identity” and differential treatment. Reviewers separately flagged material involving racial profiling and political advocacy.
A 15-page Phase One report reviewed by The Dallas Express identifies the exact passages at issue in the State Board for Educator Certification’s July 24 decision to give the National Board for Professional Teaching Standards until November 2 to revise its materials.
The report warns that teacher candidates’ scores may be affected by their ability to demonstrate practices that conflict with Texas law.
A July 26 email from Texas Education Agency Associate Commissioner Jessica McLoughlin, reviewed by The Dallas Express, confirmed that SBEC directed the National Board to make the necessary updates before the December statutory deadline.
The board has not yet reauthorized or revoked the certification’s pathway into the taxpayer-funded Teacher Incentive Allotment.
Report identifies exact DEI and sexual identity language
Reviewers identified potential conflicts with Texas Education Code Section 11.005, the state’s prohibition on DEI duties, across 17 certificate-area standards.
One literacy standard says children may begin to question their “sexual identity” at a young age and suggests featuring children’s literature with “diverse gender roles.” An English language arts standard says a commitment to diversity includes sexual orientation, gender, body image and political views. It adds that “equity requires a deep commitment to justice” and that accomplished teachers “do not treat all students alike.”
School counseling standards say counselors may develop programs for gay, lesbian, bisexual and “transgender” students and their families. They also say counselors may seek to influence district hiring, assignment and promotion policies to ensure “access and equity.”
The report also flags a mathematics standard directing teachers to challenge biased behaviors and stereotypical perspectives, a library media example involving a gender-specific book discussion group, and literacy material encouraging students to become “advocates for social justice” and write about racial profiling.
A physical education standard says accomplished teachers may ask parents to write constituent letters to elected officials or encourage students to communicate with political leaders. Reviewers identified that passage as a potential conflict with Texas’ prohibition on forced political activity.
Candidate scores may depend on flagged standards
The report says the certificate-area standards shape answer keys, scoring rubrics, benchmarks and feedback statements. It warns that a candidate’s score may be affected because some assessments are partially based on standards that potentially conflict with state law.
The report says standards grouped under “Equity, Fairness, and Diversity” account for 20% of the content assessment in two English as a New Language certifications, 25% in literacy and 35% in library media. It says candidates may need to demonstrate proficiency in those standards to pass portfolio components.
Component 3, which evaluates teaching practice and the learning environment, requires evidence that candidates establish a “safe, fair, equitable, and challenging environment,” the report says.
Review found no Common Core or three-cueing conflict
The review did not identify language that would interfere with Texas teachers providing instruction without using Common Core State Standards or teaching phonics without three-cueing. The potential conflicts reviewers did identify involved DEI duties and other state classroom restrictions.
Reviewers also identified potential conflicts under Section 28.0022. The examples involved political advocacy, claims about continuing inequality, social justice assignments and racial profiling. The report states that its findings are not an exhaustive list of potential issues.
House Bill 2 created the review and requires SBEC to decide by December 31 whether to reauthorize or revoke the National Board pathway. Gov. Greg Abbott signed the $8.5 billion education package in June 2025, as previously reported by The Dallas Express.
Young urged political and ideological neutrality
State Board of Education Member Audrey Young (R-District 8), chair of the Committee on Instruction, warned National Board leaders on July 18 that their standards and certification processes were falling out of step with Texas law.
Young urged the organization to revise its 18 certificate-area standards to ensure “political, ideological, and instructional neutrality.” She also requested Texas-specific legal guidance, candidate acknowledgments, faster standards revisions and a formal process for consulting states when laws change.
The report provides concrete examples for the broader concern Young raised. TEA told Young it included her letter in the written testimony packet provided to SBEC members before the July 24 meeting.
Young has emphasized that she wants the National Board to reform its materials and remain viable in Texas.
“I support National Board Certification because I believe great teachers build great schools,” she wrote. “That support, however, must be accompanied by accountability and responsiveness from National Board leadership.”
National Board faces November deadline
National Board President and CEO Peggy Brookins acknowledged Young’s concerns in a July 22 email reviewed by The Dallas Express. Brookins, board Chair Travis Bristol and Vice Chair Carol Bauer said they had “heard your comments and will give them careful consideration” and said they would send a more detailed response the following week.
The November 2 deadline gives the National Board for Professional Teaching Standards time to revise the flagged material before SBEC’s final decision. If SBEC does not reauthorize the pathway by December 31, state law automatically revokes the authorization.
The designation generates annual district allotments of $3,000 to $9,000 for each nationally board-certified teacher, depending on campus factors. At least 90% of the allotment must support teacher compensation at the designated teacher’s campus. Existing designations remain valid for their five-year terms even if SBEC later revokes the pathway.
Provided by Dallas Express
