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

Uncover the intricate layers of a scandal that has shaken the Texas education system to its core. Join hosts Cimone Murphree and MJ Hooper, as they sit down to dissect the 2024 teacher certification fraud scandal with Tony Bertolino, managing partner of the Bertolino Law Firm.(https://www.belolaw.com/)

This episode unfolds an eye-opening exploration of how flawed oversight and certification processes within the Texas Education Agency (TEA) allowed unqualified individuals to infiltrate classrooms. Discover the vulnerabilities in TEA's review systems that were deftly exploited by sophisticated bad actors, raising questions about the agency's capability to enforce compliance and protect students effectively.

Gain insight into why it took so long for the scandal to be addressed, despite warning signs appearing as early as 2020. Tony Bertolino provides expert perspective on the complex interplay between regulatory bodies and law enforcement that may have delayed action, exacerbating the situation. This discussion not only questions the adequacy of current safeguards but also emphasizes the urgent need for reform to restore integrity to the education system. As we examine the breakdowns that led to this unprecedented situation, we also highlight the critical steps required to prevent such a crisis from occurring again. Don’t miss this discussion! Know Your Regulator, the podcast that inspires you to engage.

Get more information, details and resources on Know Your Regulator - https://www.belolaw.com/know-your-regulator

Episode Transcript

Speaker 1 (00:01):
This podcast is for educational purposes only, does
not constitute legal advice anddoes not create an
attorney-client relationship.
If you need legal assistanceabout a legal problem, contact
an attorney.
Welcome to another episode ofKnow your Regulator, the podcast
that inspires you to engage.
I'm your host, simone Murphy,and co-hosting with me today is

(00:23):
MJ Hooper.
Hey, mj.

Speaker 2 (00:26):
Good afternoon.

Speaker 1 (00:28):
In our latest episodes we have continued to
uncover one of the most shockingscandals to hit Texas education
the teacher certification fraudcheating ring in 2024.

Speaker 2 (00:40):
We are going to explore the most frequently
asked questions of this scandalwith our managing partner of the
Bertolino Law Firm, mr Tony.
Bertolino, tony, thank you forjoining us today.

Speaker 3 (00:53):
Yeah, well, thank you .
Thank you for having me.
This is definitely an importantdiscussion and very topical.
Unfortunately, I missed thelast couple of podcasts that
address this topic, but I'm gladto be able to be available
today and contribute in some way.
So again, thank you for havingme.

Speaker 1 (01:11):
Well, let's start with the big question, Tony how
did fraudulent certificationsmanage to bypass scrutiny in the
first place?

Speaker 3 (01:20):
Well, you know these alleged scandals.
By the way, we've got tocontinue to call these
allegations.
You know what they are they'reallegations and it is an alleged
scandal.
There hasn't been a finalfinding, either by law
enforcement or even by the TEA,that you know the perpetrators
are guilty of anything, but thisalleged scandal appears to
really stem from.
You know weak oversightmechanisms within the Texas

(01:42):
Education Agency.
You know weak oversightmechanisms within the Texas
Education Agency and you knowTEA's certification process.
They rely heavily on both humanreview and automated systems,
and this alleged scandalapparently exposed
vulnerabilities in both of those.
You know and really looked atthe problems with the internal
policy systems and proceduresand recognized that the flaws is

(02:05):
the primary culprit and causeof the problem.
And now they're addressing it,which is a good thing.

Speaker 2 (02:12):
So, mr Toney, do you feel this is an issue with
technology, maybe human error oreven systematic?

Speaker 3 (02:19):
You know, I think likely it's a combination of all
three.
You know, by all accounts, theteacher certification approvals,
they were very much rushed orvery possibly, you know, rubber
stamped, without a thoroughvetting 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

(02:41):
discuss further in this podcast.

Speaker 1 (02:43):
Do you think that this could indicate a lack of
adequate checks and balances?

Speaker 3 (02:48):
I do.
You know it's clear that thesafeguards were insufficient,
which allowed these alleged badactors to exploit the testing
system and this was a prettyhigh level of sophistication in
exploiting the testing system.
And you know the breakdown inthe system itself needs to be

(03:09):
corrected.
And the good thing behind allof this is that you know, if you
want to see a silver lining, isthat TEA has realized that
there is a breakdown in thesystem and now they can do what
they need to do to correct itand, at the end of the day,
protect students, protectchildren.

Speaker 2 (03:27):
I feel this scandal calls into question the TIA's
ability to monitor and enforcecompliance effectively.
Why do you think TIA took solong to act?

Speaker 3 (03:36):
You know the delay is very concerning.
You know, this scandal, thisalleged scandal, really broke
and began in 2020.
And since then, the number ofalleged fraudulent
certifications that were issuedby the state have steadily grown
, that were issued by the statehave steadily grown.
And you know, like mostregulatory agencies, like TEA,

(03:58):
these agencies they facebacklogs or resource limitations
.
But the delay here could havealso suggest a lack of urgency
or awareness.
Another thing that I've beenthinking a lot about as the
cause of the delay is because oflaw enforcement and their
involvement.
You know, it's very likely thatTEA may have given law

(04:20):
enforcement a little bit moreground or more delay, which
again doesn't really give TEAany excuse for the delay.
I mean, imagine you've gotyears in which teachers were in

(04:42):
classrooms that didn't havevalid certificates to teach
because they were cheating.
You know cheating, you know andand then you know and you're
looking at students and andchildren.
You know young children evenbeing taught by these kinds of
individuals, which they nevershould have been in the
classroom in the first place.

Speaker 1 (05:01):
Yeah, absolutely.
Could there have been anywarning signs that maybe have
been ignored?

Speaker 3 (05:07):
You know that's a that's a very strong possibility
.
You know, sometimes theseregulatory agencies and and TEA
is no exception they tend todeprioritize these investigative
leads, that they think theissue is isolated and incidental
.
Unfortunately, this is anapproach that can, you know,
lead to bigger problems thatfester, as can be seen by this

(05:28):
scandal.

Speaker 2 (05:29):
Do you think this is a failure within internal
reporting or even possiblywhistleblower protections?

Speaker 3 (05:36):
You know, I think both could have played a role.
You know, transparency andaccountability within these
regulatory agencies are critical, and you know, the absence of
these elements often exacerbatesthe scandals.
And that's exactly whathappened here.

Speaker 1 (05:49):
TEA has emphasized transparency, moving forward and
even decided to release over100 of the accused names to the
media.
Do you think that their effortswill include disclosing how the
certifications slipped throughthe cracks?

Speaker 3 (06:05):
You know, there has been a huge attack by the public
against TEA and they're goingto need to do that if they want
to rebuild public trust.
And, of course, that involvesacknowledging failures and
that's the first step toward themeaningful reform.
I think public trust is hugeright now.

(06:25):
I think the public you know allthese parents throughout the
state of Texas are expecting TEAto do something and to correct
these procedures and thesesystems.
And I think, yeah, absolutely.
I think acknowledging thesefailures and doing what needs to
be done to correct thesesystems in a meaningful way, in

(06:46):
the form of reform, is going tobe vital, Absolutely.

Speaker 2 (06:50):
But I also feel accountability is going to be a
big key factor here.
Tony, when was theaccountability when the scandal
first surfaced?
And how did 17 fraudulentcertifications go out in 2024
without anyone stepping in?

Speaker 3 (07:07):
Yeah, yeah, you know, accountability means not just
addressing the allegedperpetrators, but also examining
those systemic failures withinthe regulatory agency, and those
in leadership from thecommissioner all the way down to
you know, all the way down mustface scrutiny for their role in
allowing this to happen in thefirst place and acknowledging

(07:27):
that reform is necessary toprevent future failures like
this.
Acknowledging that reform isnecessary to prevent future
failures like this.
Again, it's all about thechildren, it's all about these
students, and I think TEA is ina really good position even
going into 2025, in making thenecessary changes and reform to
avoid this from ever happeningagain.

Speaker 2 (07:44):
So with that, tony, perfect segue.
What do you think TEA could doto overhaul the certification
testing process to ensure strictcompliance?

Speaker 3 (07:55):
moving forward you know there's several things.
You know, strict monitoring ofthe test taking locations, I
think, is vital, improving thesecurity protocols within the
testing facilities, increasingthird party oversight is also a
necessary step and alsoconducting independent and
random audits is a must, youknow, just making sure that

(08:16):
these testing facilities aredoing what they're supposed to
do.

Speaker 1 (08:21):
Absolutely, and are there any examples from other
states that Texas might be ableto follow?

Speaker 3 (08:27):
You know, it's not unheard of for regulatory
agencies like TEA to examine themethodologies used by sister
states.
Now, I don't personally awareof any states that have
implemented any strictercontrols when it comes to these
testing facilities, but Iwouldn't be surprised if TEA

(08:50):
does examine sister states in away, you know, looking for ways
to improve their own system and,of course, using technology.
I'm certain that a lot ofsister states are using advanced
technology to prevent thesekinds of frauds from happening
within the testing facility.
So, yeah, I don't doubt thatthere's a good possibility that

(09:12):
other sister states'methodologies may be adopted.

Speaker 1 (09:17):
Let's hope so.
As we wrap up, let's focus onthe path forward for TEA.
How can they uncover the fullextent of the scandal and
rebuild public confidence?

Speaker 3 (09:28):
You know, I think that TEA is going to need to be
very, very transparent andproactive.
You know a comprehensiveinvestigation is needed to
uncover all the allegedfraudulent certifications.
I think it's.
You know it may go deeper thanwhat we're.
You know what we're seeing andI think, at the end of the day,
it's going to be important tohold everyone involved

(09:49):
accountable.
And even beyond that, reformsmust ensure that this doesn't
happen again, because you know,tea is in the business of
protecting children, protectingstudents, and certainly they're
going to make sure that thisnever happens again, right.

Speaker 2 (10:05):
Do you think, by chance, tia will need external
help to restore theircredibility?

Speaker 3 (10:10):
I think very likely.
Yes, I think bringing inindependent oversight and
partnering with trustedstakeholders are ways that they
can demonstrate their commitmentto change and making sure that
they can correct these internalprocedures as well as look for
ways to better their externalprocedures.
So yes, absolutely.

Speaker 1 (10:32):
Agreed.
The public deserves to seedecisive steps that prioritize
the integrity of the educationsystem, and thank you, tony, for
joining us today and forshedding light on such an
important topic and importantstory 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 starkreminder of why oversight and
accountability are essential inevery regulatory process.

Speaker 1 (11:06):
Absolutely, mj, and you can stay informed and up to
date on the latest newssurrounding this teacher
certification scandal bysubscribing to Know your
Regulator.
Until next time, take care.

Speaker 2 (11:20):
Know your Regulator.
The podcast that inspires youto engage.