Chapter 10: Making Success: A Legal Solution for Teachers and Students in Alternative Schools

In the United States, nearly 8% of the teaching force leaves the profession annually, and only about one in three exiting teachers reenters the classroom (Sutcher et al., 2019). High-need schools, which disproportionately serve students with disabilities or other obstacles to learning, encounter 50% more turnover than average (Haynes, 2014; Ingersoll et al., 2014). Enrollment in teacher education programs fell 35% between 2009 and 2014, and in the 2017–2018 academic year, 109,000 teaching positions were left unfilled by certified educators (Sutcher et al., 2019). Sutcher et al. (2016) suggested that policy decisions to address teacher shortages tend to involve either making teaching a more attractive career or lowering standards for teacher qualification. As the latter solution deemphasizes student achievement, this chapter proposes legal action that could both lead to a fresh approach toward teacher preparation and change outcomes for the most vulnerable students. Eliminating standardized testing requirements for students who attend school in alternative settings and instead allowing them to produce artifacts of learning, is a possible solution in the search for a positive change in K–12 education. An environment of teacher trust (as opposed to accountability) could make teaching in high-need schools an attractive option, and thereby increase the supply of qualified teachers.