Bills addressing educators in the 85th Texas Legislature

Teacher Standing in Front of a Class of Raised Hands

Public education advocates mostly successful in fighting bad educator preparation policy

Teachers, districts, administrators, college deans, and more were unified this session in opposition to educator preparation policies that were bad for students. While our unity fended off some of the worst pieces, a handful of educator preparation bills that roll back standards adopted by the State Board for Educator Certification (SBEC) prevailed. A key piece of legislation opposed by the education community was SB 1278 by Chairman Taylor (R-Friendswood), as well as its companion bill HB 2924 by Dwayne Bohac (R-Houston). The majority of that legislation failed to pass, but one piece did and sits on the Governor’s desk.

That piece allows for long term substitute teaching to count in lieu of minimal field-based experience hours required of certain educator candidates before entering the classroom as the teacher-of-record on a probationary certificate. That language was also included as a standalone bill, HB 3044 by Chairman Dan Huberty (R-Humble), and was ultimately added to SB 1839 in the final hours of the session. SB 1839 was this session’s catch all bill for various preparation, certification, and professional policies (more about the pieces falling under the latter two categories in the remaining post). The bill also requires the sharing of relevant PEIMS data with educator preparation programs for use in assessing their programs, adds required educator preparation instruction in digital learning, and gives the commissioner the ability to write rules regarding flexibility for certain out-of-state certificate holders.

A law ATPE and others opposed that did pass involved training requirements for non-teaching certificates. The bill, SB 1963 by Sen. Brandon Creighton and companion bill HB 2775 by Rep. Dade Phelan, prohibits the SBEC from requiring programs to deliver one or more face-to-face support visits for principal, librarian, counselor, and diagnostician candidates during their clinical experience. SB 1963 passed as a standalone measure and was also included in SB 1839.

Early childhood certificate, professional development on digital learning make it to Governor

Pending the Govenor’s signature, teachers will soon have the option to seek a certificate specific to early childhood through grade 3 education. The SBEC is already in the process of determining the best way to train and certify teachers to teach our state’s early learners, but HB 2039 adds the required certificate and associated training into law. The language was also included in SB 1839, where additional language on professional development for digital learning and teaching methods is also housed. That was originally housed in a bill by Dwayne Bohac (R-Houston), HB 4064.

Another topic discussed throughout the session and included in several bills involved training for educators in methods specific to students with disabilities and students with dyslexia. HB 2209 by Rep. Mary Gonzalez (D-El Paso) and companion bill SB 529 by Sen. Eddie Lucio, Jr. (D-Brownsville) failed to pass or find a vehicle to ride to the governor’s desk, but they would have required training for educators in the universal design for learning framework, among other training for educating students with disabilities.

HB 1886 by Rep. Rick Miller (R-Sugar Land) requires the development of a list of dyslexia training opportunities for educators, employs a dyslexia specialist at all education service centers, and addresses several aspects of screening and transitioning for dyslexia students. The bill was sent to the governor for his signature.

Teacher mentor and appraisal bills bite the dust

Over the interim, Rep. Diego Bernal (D-San Antonio) visited with educators in schools across his district and developed a major takeaway that led to his filing of HB 816, a bill that outlined some requirements regarding teacher mentoring. Rep. Bernal, who also served as vice-chair of the House Public Education Committee this session, recognized that the addition of a mentor program in Texas could strengthen Texas teachers and minimize the cost and negative impacts of high teacher turnover rates. The bill made its way through the House chamber but hit a wall once it was sent to the Senate, where it never moved.

Another bill supported by ATPE received even less love. HB 3692 by Rep. Joe Deshotel (D-Beaumont) would have prohibited the state from using student standardized assessments when determining the performance of students under the teacher appraisal system. The bill got a hearing in the House, but was left pending.

A bill involving mentor teachers and teacher appraisals, among other things, HB 2941 by Rep. Harold Dutton and its companion bill SB 2200 by Sen. Eddie Lucio, Jr. (D-Brownsville) didn’t receive the votes to advance beyond their respective chambers.

Educator misconduct omnibus bill becomes law

Right off the bat, the legislature began its 85th session with legislation to address a type of educator misconduct that became the subject of many news stories over the interim: “passing the trash,” which involves educators accused of inappropriate relationships being dismissed from their jobs but having the chance to work in other schools because the appropriate administrators failed to report the incident or share their knowledge of the incident with future employers. Ultimately, the legislature passed SB 7 by Sen. Paul Bettencourt (R-Houston), a compilation of several pieces of legislation filed to address this issue and others.

SB 7 adds to the punishments and protocols for reporting, requires training in educator preparation programs, adds to continuing education requirements, requires school districts to adopt electronic communication policies, increases penalties for educators found to engage in inappropriate relationships, and revokes the pension annuities of educators convicted of certain types of criminal misconduct. The bill was signed into law last week by Governor Abbott.

Districts of innovation educator loophole addressed, overall law left alone

SB 7 also seeks to address another issue that arose over the interim, this time because of legislation passed last session. As more and more districts opted to become a district of innovation (DOI) and certification became one of the most popular exemptions under the law, it became more and more concerning that the state lacked the ability to sanction and prevent from future school employment any non-certified educators who engage in prohibited misconduct. While the new law is full of efforts to close this specific DOI loophole for non-certified educators, lawmakers ultimately did nothing with bills that sought to address the DOI law itself.

For instance, HB 972 by Rep. Helen Giddings (D-Dallas) would have partly disallowed districts from exempting themselves from teacher certification laws by disallowing a district from assigning most students in first through sixth grade to an uncertified teacher for two consecutive years (unless the district gets permission from parents). The bill passed the House but was not given a hearing in the Senate. Similarly, HB 1867 by Rep. Mary Gonzalez (D-El Paso) would have removed educator certification from the exemptions available to districts under DOI. That bill failed to pass either chamber.

Another popular exemption under districts of innovation, or rather the most popular exemption, is the school start date. Bills to alter the school start date or remove it from possible exemptions under DOI also failed to make it through the legislative process. SB 2052 by Chairman Larry Taylor (R-Friendswood), which would have done both, received a hearing in his committee but was left pending where it died.

Grab bag of other educator bills face different fates

Last session the Texas legislature changed the requirements for the amount of time a school must operate from a certain number of days to an equivalent number of minutes. The change resulted in a situation where teacher contracts, which are still based on days (roughly days in the school year plus service hours in a school year), didn’t accurately align with the new school schedules. Language to address this issue was added to HB 2442 by Rep. Ken King (R-Canadian). The bill gives the commissioner authority to write rules granting flexibility of teacher contract days and was sent to the Governor.

Two other bills by Sen. Carlos Uresti (D-San Antonio) weren’t as lucky. SB 1317 would have prevented a district from requiring a teacher to report to work more than seven days before the first day of school, with an exemption for new teachers who couldn’t be called in more than ten days prior. SB 1854 would have reduced unnecessary paperwork currently required of classroom teachers in schools. Neither made it through the full legislative process.

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