Category Archives: Commissioner

TEA announces “Grow Your Own” grant recipients for 2018-19

On Wednesday, Texas Commissioner of Education Mike Morath announced the recipients of the  2018-19 “Grow Your Own” grant. A brainchild of the Texas Rural Schools Task Force that was commissioned in 2016 to address challenges faced by rural school districts, the Grow Your Own award is designed to help districts cultivate interest in the teaching profession.

According to information provided by recipients, this year’s awards will be used to help districts prepare for the 2020-21 school year by assisting educators currently pursuing their Masters in Education, allowing districts to expand their dual credit courses, and facilitating current paraprofessionals in pursing their teacher certification, adding 59 full-time teachers and 136 full time teachers to the workforce in the 2019-20 and 2020-21 school-years respectively. The Grow Your Own grant funds will also be used to assist student teachers during their clinical teaching assignments and high schools to expand education training programs.

The 25 recipients of the 2018-19 award are as follows:

  • Amarillo ISD
  • Angleton ISD
  • Burkeville ISD
  • Chapel Hill ISD (Smith County)
  • Cumby ISD
  • Everman ISD
  • Fort Stockton ISD
  • Grand Prairie ISD
  • Lamar CISD
  • Lometa ISD
  • Midland ISD
  • Moody ISD
  • O’Donnell ISD
  • Pearsall ISD
  • Region 2 ESC
  • Region 5 ESC
  • Region 6 ESC
  • Snook ISD
  • Socorro ISD
  • Springtown ISD
  • Stafford ISD
  • Stephen F. Austin University
  • Texas Tech University
  • Texas Woman’s University
  • Timpson ISD

ATPE congratulates all the recipients of the Grow Your Own grants.

Public Education committee looks at A-F implementation

The House Public Education Committee met Wednesday for an interim hearing on the implementation of school finance, accountability, and bullying legislation, in addition to an update on the impact of Hurricane Harvey on the public school system.

Texas Education Agency (TEA) Chief School Finance Officer Leo Lopez kicked off testimony with an update on money given out as part of a two-year hardship grant program under House Bill (HB) 21, as well as additional facilities funding for charter schools. Associate Commissioner Monica Martinez provided a briefing on new autism and dyslexia grant programs under the bill. Chairman Dan Huberty (R-Houston) noted that the hardship grants as well as the autism and dyslexia grant programs will expire without additional legislation. Additionally, the bill contained a one-time payment into the Teacher Retirement System (TRS).

House Public Education Committee interim hearing April 18, 2018.

A representative from Houston ISD testified that the district faces a $150 budget deficit this year and a projected $320 million deficit in the next fiscal year due to the district entering recapture. The district submitted a number of recommendations, including increasing funding weights for bilingual, English as a second language (ESL), and special education students, restoring the state’s share of funding to 50 percent, increasing transportation funding, and doing away with the recapture system.

A number of witnesses testified with respect to the hardship grants, warning that some small districts could face closure without further action to extend the grants or create an alternative source of revenue.

Lopez next updated the committee on the implementation of Senate Bill (SB) 179, or “David’s Law,” which addresses bullying and cyberbullying. The law requires TEA to work with the Health and Human Services Commission (HHSC) to develop a website with resources for school districts. Huberty noted that more work must be done to inform districts, students, and parents of the various provisions of the new law.

TEA Commissioner Mike Morath provided another update on the impact of Hurricane Harvey on the public school system. A total of 60 counties fell under the governor’s disaster proclamation, and 1.5 million students were in an affected school district. Morath noted that while the Federal Emergency Management Agency (FEMA) has been an important source of long-term recovery funds, the agency has been slow in making funds available.

The agency has launched a variety of mental health services, and provided accountability flexibility to affected districts. This includes waivers from 5th and 8th grade math and reading exams for all students affected by the storm. At the school and district level, the agency collected information regarding full and partial facility closures or relocations, student displacement, and staff displacement. According to Morath, at least 112,000 students were displaced statewide. Those three sets of data will be used to develop a rule to determine whether an accountability rating is issued to a particular school. Morath indicated a proposed rule will be published in the Texas Register sometime in early June, and the number of exempt schools could number over a thousand.

Morath suggested the final rule for Harvey-affected schools will be “substantially more generous” than the rule developed following Hurricane Ike in 2008. State Rep. Alma Allen (D-Houston) told Morath she would like to see a rule that provides for entire districts to be exempt from accountability ratings as well, though Morath offered no indication whether the agency is inclined to move in that direction. Vice-chair Diego Bernal (D-San Antonio) asked TEA to help develop recommendations for additional revenue sources for public education. Chairman Huberty warned TEA to leave that work to legislators.

The storm caused some $970 million worth of damage to public schools. Morath estimated lawmakers would be faced with the need to pass a supplemental appropriation to cover an associated decline in maintenance and operations (M&O) property values of roughly $500 million to $1 billion.

Houston ISD Board of Trustees President Rhonda Skillern-Jones testified about the storm’s devastating impact on the state’s largest school district, and the associated financial difficulties. The district asked for a one-year accountability pause, such as was provided after Hurricanes Katrina and Ike, for all schools in a county that fell under the governor’s disaster declaration. State Rep. Harold Dutton (D-Houston) asked how the district’s ten worst-performing schools were impacted, all of which are labeled “improvement required” under the current state accountability system and face imminent sanctions. The district indicated those schools sustained damage as well, and contended that a pause would not prevent those schools from being subject to potential TEA takeover, since a decision on each of those schools is required by April 24.

Finally, the committee heard testimony on HB 22, which made changes to the forthcoming “A through F” accountability system. TEA released a framework of the new system last week. Morath summarized that framework, and testified that cut points are being based upon last year’s performance and will be set for the next five years. District A-F ratings will be released in August, while individual campuses will continue to be labeled “met standard” or “improvement required.” Campus A-F ratings will be released in August 2019.

Alief ISD Superintendent H.D. Chambers testified that the local accountability system provided by HB 22 could be promising. Under the first domain, Chambers suggested changing the weights for STAAR; college, career, and military readiness (CCMR); and graduation rates from 40/40/20 under the current framework to a more even 33/33/33 or 35/35/30. Chambers also lamented the lack of indicators other than STAAR for grades three through eight under the new system, which represents a regression from the previous system.

Chambers asked that a greater weight under the CCMR indicator be given to students who complete a concurrent sequence of career and technical education (CTE) courses. Critically, Chambers cautioned that policymakers will be disappointed with the results of any accountability system until resources are aligned with what is asked of students and schools.

Spring Branch ISD Executive Director of Accountability and Research Keith Haffey similarly testified to the complete reliance on STAAR at the elementary level, and suggested considering additional metrics. One such metric could credit schools that fully transition English language learners (ELLs) to English. Additionally, one of the flaws of the new system is that the scoring limits credit given to students who take college pathway assessments such as the PSAT, SAT, or ACT, which acts as a disincentive for districts to offer these valuable exams. Huberty engaged Morath and Chambers in a conversation regarding the feasibility of providing a state appropriation to cover the cost of providing these assessments.

Dee Carney, an associate with school finance firm Moak, Casey and Associates, introduced model runs under the new accountability system. According to the models, most schools are unlikely to earn an “A” rating under the first domain. Carney testified that the additional of non-test indicators helps raise scores. The remainder of the day’s testimony largely focused on the system’s heavy reliance on the STAAR test.

Commissioner update on STAAR glitches, SpEd plan, NAEP

The State Board of Education (SBOE) kicked off its April meeting Wednesday with an update from Texas Education Agency (TEA) Commissioner Mike Morath.

Morath informed the board that the agency will seek an amendment to the state’s plan under the federal Every Student Succeeds Act (ESSA) in order to implement changes to the accountability system under House Bill (HB) 22 passed by the 85th Texas Legislature. The agency released its accountability framework on Tuesday.

Texas State Board of Education (SBOE) meeting April 11, 2018.

With testing week underway, Morath updated the board on a recent glitch with the STAAR exam. According to the commission, the failure of a single server caused a roughly 20-minute disruption in the exam. No data were lost, although 40,000 students were affected and forced to log out, then log back in, while taking the exam online. Some 1,000 school systems had one or more students affected, and it appears the glitch was largely confined to those taking the English I end of course (EOC) exam, although exceptions have been reported. Roughly 460,000 tests have been taken online so far.

SBOE Member Pat Hardy (R-Fort Worth) suggested the board avoid scheduling meetings during testing week in the future, as it makes it nearly impossible for educators to get time off to attend board meetings or to testify before the board. TEA staff indicated they are aware of the scheduling conflict and are working toward avoiding such a situation in the future.

The commissioner next proceeded to run down the state’s recent results on the National Assessment of Educational Progress (NAEP). Texas saw a slight decline in 4th grade math proficiency this year and has experienced a downward trend in 8th grade math since 2011. The state has been a middling performer in 4th grade reading and saw a slight recent dip. Scores on 8th grade reading have been similarly flat, with a slight recent decline. Morath called the NAEP scores “somewhat disappointing nationally.”

“It does appear that accountability matters a great deal, and resources appear to be a factor,” Morath added.

Member Hardy pointed out that Texas has different demographic challenges than other states; in particular, it is home to a high percentage of students who are economically disadvantaged. Hardy suggested this makes for apples-to-oranges comparisons to other states when it comes to national test scores. Morath conceded Hardy’s point, but noted that “life doesn’t grade on the curve.” The commissioner warned the real world deals in absolutes, and suggested it’s important to celebrate success where appropriate while continuing to pursue improvement.

Finally, Morath updated the board on the agency’s corrective action for special education. A January letter from the U.S. Department of Education found Texas was deficient in three areas of special education: Child find, providing a free and appropriate public education (FAPE), and compliance monitoring.

According to the commissioner, the core corrective action response will be provided to the federal government for compliance purposes, while a strategic plan for the state will focus on broader reforms. The commissioner identified five key components of the strategic plan: State monitoring, identification, evaluation, and placement; training, support, and development; student, family, and community engagement; and support networks and structures. The final corrective action response is due to the federal government April 23.

Responding to funding questions from Member Keven Ellis (R-Lufkin), Morath indicated the agency has already begun making staffing changes with federal funds available to the agency under the Individuals with Disabilities Education Act (IDEA). The agency has already hired 34 full-time equivalents (FTEs) in order to begin implementing the necessary changes. The nature of the plan calls for spending shifts in allocation. The state is allocated roughly $100 million in IDEA funds each year, all of which Morath said are being “re-tooled” concomitant with the corrective action plan.

Asked by Ellis how formula funding under the Foundation School Program (FSP) would be affected by the plan, Morath said the special education formulas are “quite sophisticated,” making it hard to give a specific number. As a ballpark estimate, Morath estimated the plan would add another $5,000 for each new special education student. The agency estimates another 200,000 students could enter the system, which would translate to about $1 billion in additional FSP funding. Morath noted the figures are only rough estimates, and actual funding would depend upon which services are provided to each child under his or her individualized education program (IEP).

Member Sue Melton-Malone (R-Waco) asked about training provided to educators under the plan. The commissioner said the agency is preparing to launch a statewide professional development network involving summer programs and ongoing training. This training will be primarily targeted at mainstream setting educators.

On a separate note, Member Lawrence Allen, Jr. (D-Houston) voiced concern to Commissioner Morath over the board’s lack of oversight of contracts between school districts and charter schools as a result of Senate Bill (SB) 1882 passed by the 85th Texas Legislature. This bill provides financial incentives and a pause in accountability ratings for districts to contract with a charter holder, nonprofit or higher education institution to operate a campus under a “partnership” model in which the district surrenders control entirely to the operator. As ATPE has warned, this has potentially troubling implications for school staff and students in the feeder pattern.

While the SBOE has the final authority to approve new charters, it has no formal input regarding these arrangements. Rather, each contract must be approved by the commissioner. Agreeing with Allen, Member Hardy warned that charters may be less faithful to the Texas Essential Knowledge and Skills (TEKS), which are required curriculum approved by the board.

The board is scheduled to consider a variety of items Wednesday, including potential action regarding the creation of a Mexican American Studies class. Continue to check TeachTheVote.org for further updates from this week’s SBOE meeting.

ATPE weighs in on proposed rules addressing out-of-state educators

ATPE submitted comments this week on new proposed commissioner’s rules regarding exempting certain out-of-state educators looking to teach in Texas from state certification assessments. Our comments acknowledge that “certain exceptions to certification testing may have a place in helping to get high-quality, experienced teachers in Texas classrooms,” but stress that “the focus must remain on high standards that help ensure we are limiting exceptions to only those educators with a proven track record of success in educating students.”

The new proposed rules stem from legislation passed during the 85th Legislative Session that gave the commissioner of education the ability to create this specific certification flexibility. In lieu of the current process overseen by the State Board for Educator Certification (SBEC), which currently compares other state certification requirements to Texas’s standards before exempting out-of-state educators from certification assessments, the new proposed commissioner’s rules would instead outline a number of requirements an out-of-state educator must prove in order to receive the exemption. The requirements primarily entail obtaining certification in another state or country, but also include a one year experience requirement for all classroom teacher candidates.

ATPE argued in its comments that the experience requirement should be raised to at least two years of teaching experience. This is because the proposed rules don’t only exempt these out-of-state educators from certification assessments, they also exempt them from preparation and certification standards Texas policymakers and stakeholders have deemed necessary. For instance, some preparation standards these educators would be exempted from include the minimum GPA requirement placed on candidates entering a certification program; the number of curriculum hours educators in training must complete; the amount of clinical training a candidate must possess before obtaining full certification; the amount of time new teachers must spend working with mentors and coaches to develop their craft; and training specific to the Texas Essential Knowledge and Skills (TEKS), the Texas educator standards, and the Texas Educator Code of Ethics.

“If we are going to exempt certain educators prepared out of state from these standards of preparation and certification, we should at a minimum be ensuring they bring valuable experience to Texas classrooms,” ATPE argued in its comments.

For more regarding ATPE’s position on the proposed rules, read ATPE’s full comments here. Commissioner Morath will now consider the public comments submitted before issuing the final rule.

Commissioner: 1.4 million students affected by Harvey

The Texas State Board of Education (SBOE) kicked off its September meeting Wednesday with an update from Texas Education Agency (TEA) commissioner Mike Morath regarding the agency’s response to Hurricane Harvey.

Texas Education Agency Commissioner Mike Morath updates State Board of Education members on Hurricane Harvey response.

Texas Education Agency Commissioner Mike Morath updates State Board of Education members on Hurricane Harvey response.

The commissioner described the storm that smashed into the Coastal Bend as a category four hurricane as “pretty nasty.” More than 1.4 million students (roughly 1 in 4) attend school in one of the 58 counties designated under Governor Greg Abbott’s (R-Texas) state disaster declaration.

According to the agency, a majority of those districts have reopened or will soon reopen. Districts facing longer delays include Ingleside, Taft, Aransas County, Aransas Pass and Port Aransas in Education Service Center (ESC) Region 2 (Corpus Christi). In Region 3 (Victoria), Refugio ISD remains closed and Woodsboro ISD could possibly reopen by September 18. Houston ISD in Region 4 is implementing a rolling start for campuses, and Sheldon ISD is looking to reopen September 18. Finally, eight districts in Region 5 (Beaumont) are still determining potential start dates.

Commissioner Morath said the agency has been “feverishly busy” trying to support affected districts and charters, noting the invaluable role played by the education service centers play. The commissioner has conducted daily “war room” sessions with agency staff, and waived a number of state education laws under the agency’s purview. Those include a waiver for missed instructional days, adjustments for average daily attendance (ADA), submitting crisis code data and changing the PEIMS school-start window, reducing the minimum days of service and extending various deadlines. The commissioner has met with superintendents in Houston and is scheduled to meet with superintendents in Corpus Christi, Victoria and Beaumont.

Morath called Governor Abbott’s recovery efforts “quite remarkable,” and credited the governor with negotiating fund matching that would enable the Federal Emergency Management Agency (FEMA) to cover 90 percent of recovery costs, leaving local districts responsible for the remaining ten percent. Between FEMA funds and insurance, the commissioner suggested districts and charters should be able to cover recovery costs without any additional money out of pocket. That said, Morath noted the storm “was not without cost,” and praised those who contributed “many small acts of heroism” to save lives in immediate aftermath.

In Houston, Morath said 35-40 schools quickly became makeshift shelters for storm victims. Many educators became first responders, including a Spring Branch teacher and ATPE member who joined the “Cajun Navy” rescue efforts. Praising the work of educators, Morath said, “What we saw was public service on an epic scale.”

The agency has set up a hotline (512-463-9603) for parents who aren’t sure what to do with their children after being displaced by the storm. Additionally, staff advised the board that approximately 340 individuals were scheduled to take the high school equivalency exam but were prevented from doing so due to the storm. Because board rules do not allow the state to provide refunds, the agency has asked test vendors to waive the administrative fee for those retaking the test. Agency staff advised that this would accomplish the same goal without requiring the board to amend rules.

Member Barbara Cargill (R-The Woodlands) noted that the College Board is waiving SAT fees for those affected by the storm. Cargill also raised a question about how the storm would affect the schedule for STAAR test administration. The commissioner indicated that the agency is unable to alter the schedule, therefore the STAAR will be administered according to the normal timeline.

Responding to a question from Member Pat Hardy (R-Fort Worth), Morath indicated that the agency has broad authority to tap additional funds in response to a national disaster. Such a move could be done with or without dipping into the economic stabilization fund (ESF), often called the “rainy day fund.” Morath suggested tapping emergency funds could be done without the need for a special session, although it could present legislators with budget challenges in the next legislative session.

Following the commissioner’s update, the board reviewed statutory changes from bills passed during the 85th legislative session, including legislation consolidating the instructional materials allotment into the instructional materials and technology allotment and ordering the creation of an instructional materials web portal. The legislature also expanded the board’s authority to approve or decline to endorse textbooks based upon suitability for the subject and grade level.

Members breezed through a new vendor’s proposal for a Mexican-American studies textbook, after a previous vendor’s offering generated controversy and resulted in the board declining to endorse the book. The board opened up discussions on aligning the education code to accommodate new courses created in statute by the 85th Texas Legislature, including advanced computer science, cybersecurity, and interaction with law enforcement officers. Prompted by an individual who spoke during public testimony, members engaged in a spirited discussion about the relative merits of personal financial literacy and economics. Some members indicated they would be open to a future discussion that would ponder placing more emphasis on personal financial literacy than on economics – which is among the courses eligible for college credit.

The governor signed legislation in May that removes sequencing requirements for English and math. Senate Bill (SB) 826 eliminated the requirement that advanced English and math courses be taken only after the completion of English I, English II, English III, Algebra I and geometry as appropriate. The legislature also passed legislation that will allow certain computer science courses to satisfy the requirement for students to take a language other than English. The board devoted significant discussion time Wednesday contemplating how to credit computer science courses that may satisfy either a language or a math requirement, and whether such courses should be allowed to count as satisfying both requirements. The board will face several such decisions over the next few months as it determines specifically how to enact certain legislative changes.

The board heard from representatives from the International Baccalaureate program Wednesday afternoon who voiced concern about a lack of PEIMS codes for IB courses. The conversation will continue over the next few meetings in which the board will likely undertake a deeper dive into IB coursework.

The meeting concluded with an update on the review process for Texas Essential Knowledge and Skills (TEKS). Members received an updated cycle for review and revision, and a recommendation from agency staff that the board delay the upcoming social studies TEKS review by one meeting in order to accommodate those who may have been affected by the storm.

 

ATPE settles lawsuit over state’s teacher evaluation system

ThinkstockPhotos-487217874_breakingATPE and other parties to a lawsuit over the state’s new recommended teacher appraisal system known as T-TESS have reached a settlement agreement.

ATPE and three other teacher associations sued the state in April 2016 alleging that new commissioner’s rules to implement T-TESS violated state laws and were against public policy. Through the Office of the Attorney General, which represented the Texas Education Agency in the lawsuit, Commissioner of Education Mike Morath has agreed to revise the rules in exchange for the four teacher groups’ suspending their legal challenges.

The terms of the settlement agreement call for removal of language in the commissioner’s rules that require districts to employ four specific student growth measures in evaluating teachers under the T-TESS model. One of those four criteria was “value-added data based on student state assessment results,” often called Value-Added Measurement or Value-Added Modeling (VAM). ATPE has long criticized the use of VAM for high-stakes purposes based on concerns about the validity and fairness of the controversial model.

‘VAM attempts to use complex statistical calculations on students’ standardized test scores in previous years to predict how well a student should perform on future tests; the resulting test performance of an individual student – not accounting for myriad outside factors – is supposed to magically show whether that student’s most recent teacher was effective or not,” said ATPE Governmental Relations Director Jennifer Canaday at the time the lawsuits challenging the rules were filed.

ATPE Member Legal Services Director Donna Derryberry described the compromise struck this week as one that “will give districts more local control over their appraisal process” without being required to use VAM. “This is a great victory for all Texas teachers,” added Derryberry, “and ATPE is proud to have been instrumental in this settlement.”

TEA wants your input on ESSA, comments due Friday!

tea-logo-header-2This is the final week for educators, parents, and taxpayers to submit their thoughts on best practices for implementing the new federal education law in Texas. The Texas Education Agency (TEA) and Commissioner of Education Mike Morath launched a survey tool last month, asking the public to share input on how the state should implement the Every Student Succeeds Act (ESSA). The survey is scheduled to close this Friday at 5 pm and can be accessed here.

In a press release announcing the survey, Commissioner Morath noted that the new federal education law, which replaces the No Child Left Behind Act (NCLB), returns a good portion of control back to states when it comes to the role previously played by the federal government in public education. As Texas begins to look at how its public schools will operate in light of the shift, input is specifically sought around “accountability, funding, school improvement, and grant-making systems.”

U.S. Dept of Education LogoThe new federal law requires that educators and other education stakeholders be involved in developing the plan that will ultimately be submitted to the U.S. Department of Education (ED) for review, but this may be the only chance for many to provide input. As educators and parents, your hands-on input is valuable; make your voice heard today!

The survey asks respondents to give input on a series of issues that the Texas Education Agency (TEA) will weigh as they determine how to navigate new stipulations and flexibility under the law. Among the input sought, stakeholders are asked to share thoughts on how Texas should measure school quality or school success, support the educational success of students with varying backgrounds, increase student access to effective educators, prepare students for college and career, and support struggling schools. The survey also allows respondents to submit any additional input on the state’s ESSA plan that is outside of the information sought.

TEA intends to consider data from the survey as the state develops its ESSA plan. The state must submit a final plan to the federal government by July 2017.

Commissioner adopts final DOI rules, incorporates ATPE recommendations

Throughout the past year, ATPE has reported on the implementation of a new law that allows school districts to exempt themselves from several state laws governing public education. The law, which was incorporated into last year’s House Bill 1842 by Rep. Jimmie Don Aycock (R-Killeen), sets forth limited parameters for so-called “Districts of Innovation” (DOI) that have met minimal accountability standards and allows them to claim exemptions from various laws.

Earlier this year, Commissioner of Education Mike Morath proposed a set of rules to implement the new DOI law. ATPE submitted input on the proposed rules and testified at a public hearing back in April. Today, Commissioner Morath released his final adopted rules for DOIs, incorporating some recommendations from stakeholders and ignoring others. The Texas Education Agency (TEA) received and responded to comments from several groups representing educators and school boards, individual school districts pursuing DOI status, and Raise Your Hand Texas, the advocacy group that was behind the push to enact the DOI law last year.

ATPE’s formal comments to TEA included a request that the rules clearly state that civil immunity protections in the Texas Education Code will continue to apply to innovation districts. The agency responded that it agreed with ATPE’s position and in order to address our concern has added the immunity statutes to the list in commissioner’s rules of laws that DOIs are prohibited from exempting. This ATPE-advised change will help ensure that educators maintain their immunity protections and will not face increased liability risks and insurance costs as a result of working in a DOI.

The adopted DOI rules take effect Sept. 13, 2016. For more on DOIs, be sure to check out ATPE’s DOI resource page here.

Final rule for video surveillance of special education classrooms

ThinkstockPhotos-126983249_surveillanceThe Texas Education Agency (TEA) has finalized a Commissioner’s Rule implementing Senate Bill 507 in 19 TAC Chapter 103, Health and Safety, Subchapter DD, Commissioner’s Rules Concerning Video Surveillance of Certain Special Education Settings, §103.1301, Video Surveillance of Certain Special Education Settings. The rule will be published in the August 12, 2016 issue of the Texas Register, and will become effective on August 15, 2016.

As we’ve reported on previously (here, and here, for instance), the 2015 bill by Sen. Eddie Lucio (D-Brownsville) mandated that certain classrooms serving students in special education programs be equipped with video surveillance systems, requiring districts to maintain the video footage on file. The agency worked closely with a diverse stakeholder group, including ATPE, in developing the rule. (Read ATPE’s written comments on the original proposed rule here.)

Stakeholder recommendations resulted in several changes to the regulation, including instances where the rule was made less broad or more specific as to which classrooms and classroom educators will be affected by a request for video surveillance under the new mandate. Examples of these changes were often as simple as changing “a” to “the” in some sentences. For example, in the following section the change of this one word narrowed the scope of the bill from any staff member working in a special education setting to only staff members associated with a classroom where a request for a camera had been made:

§103.1301. (b)(2)
Staff member means a teacher, related service provider, paraprofessional, or educational aide assigned to work in the [a] self-contained classroom or other special education setting. Staff member also includes the principal or an assistant principal of the campus at which the [a] self-contained classroom or other special education setting is located.

The final rule text can be viewed here. The red double underlines in the document represent changes made from the original rule proposal based on public comments received by the agency.

Note: The agency is still waiting for an Attorney General’s opinion related to notice and implementation time-frames that school districts must comply with under the bill.

Commissioner recognizes first batch of Districts of Innovation

The Texas Education Agency (TEA) today announced that eight school districts have become Districts of Innovation (DOI) under a new law passed in 2015. Included in last year’s House Bill 1842, the law allows acceptably performing school districts to propose local innovation plans and claim exemptions from numerous state laws in the Texas Education Code. Commissioner of Education Mike Morath has proposed rules to implement the DOI statute, which have not yet been finalized. ATPE testified at a public hearing and submitted written comments on the proposed rules, urging the commissioner to address concerns about consequences of the broad waiver authority being sought by some districts through their innovation plans.

Canton ISD, El Paso ISD, Mabank ISD, Palmer ISD, Point Isabel ISD, San Antonio ISD, Spring Branch ISD, and Victoria ISD were recognized in today’s TEA press release for having submitted their adopted five-year innovation plans to the commissioner. Commissioner Morath stated in today’s press release, “This initial wave of notifications is just the beginning of what will be many districts that elect to go through this innovative process.” The press release explains that DOIs cannot exempt themselves from some laws such as those dealing with curriculum, assessments, or the state accountability system.

TEA has established a new webpage with a list of school districts that have completed the DOI process and links to their innovation plans. You can also visit ATPE’s updated DOI resource page to learn more about the law, read examples of how some districts are using the DOI statute to take advantage of regulatory exemptions, and find out how you can help influence the DOI process in your school district.