YTAH Blog

Dear Yoga Community,

I want to alert you that the Texas Workforce Commission has issued demands to a number of Houston yoga schools, giving us 15 days to formulate our position and file a response. Since this might affect you soon, I would like to share my initial thoughts as I plan to rise to this challenge.

The TWC has suggested that my studio is operating a career school as defined under the Texas Education Code. I am given me the choice of 3 elections in order to avoid penalties: 1) Permanently discontinue teacher training programs; 2) Make application for an exemption; or 3) Apply to become a certified vocational school.

Jennyoga is not a vocational school. Accordingly, and after speaking with my advisers, I have decided to seek an exemption from regulation based on the section of the code relating to avocational and recreational activities. Essentially this category gives an exemption to teaching activities that are for leisure or hobby as opposed to a primary career training. The list of exempt activities includes dance, karate, physical fitness, and other related activities. Since yoga is not yet on the this list, I have an opportunity to establish it as such by providing certain information outlined by the TWC. Since it is not guaranteed that the exemption will be granted, this may only be the beginning.

I expect the TWC will respond to my application for exemption in approximately 3 weeks from its receipt. If the exemption is granted, then business continues as usual (consistent with what I have presented to the TWC). If the exemption is denied, I will have to then consider filing an appeal and further avenues utilizing every effort to protect yoga from regulation by the state.

You may be aware of a few Austin studios who have become certified vocational schools by the TWC. I understand this is incredibly time consuming and expensive, not only to come into compliance but to continue operations once certified by the state. I am concerned that submitting to regulations without first advocating for freedom from state intervention would open the door to further regulations, increased and possibly cost prohibitive expenses, onerous administrative burdens, etc. I understand that many Austin yoga studios have chosen to stop holding teacher trainings entirely based on the costs of meeting these demands.

I understand some other Houston studios are considering taking a similar position. I also respect that each studio will have to decide what choice suits them best. I am curious to hear your thoughts on the issue as it relates to you.

Please send questions to Kristin Scheel, TYA Attorney, at kristin.scheel@gmail.com

Namaste'

Jennifer Buergermeister