Category Archives: House Public Education Committee

House Public Education votes out 11 more bills Thursday

The House Public Education Committee met briefly this afternoon during a break in proceedings on the House floor in order to vote out several pending items of legislation. The committee approved the following bills:

  • CSHB 310, which would allow compensatory education allotment funds to be used to fund a district’s school guidance and counseling program.
  • HB 933, which would ban rolled or shaved baseball bats for use in University Interscholastic League (UIL) activities.
  • CSHB 1075, which would require sports officials registered with UIL to undergo an additional criminal background check once every three years.
  • HB 1451, which would require SBOE adopt criteria to allow a student to earn one of the two foreign language credits required for high school graduation by successfully completing a dual language immersion program at an elementary school.
  • HB 1569, which would require a residential treatment facility to provide a student’s school, behavioral and arrest records to a district or open-enrollment charter school that provides educational services to a student placed in the facility.
  • HB 1886, which would specify that appropriate dyslexia screening or testing should be done upon enrollment in kindergarten and at the end of first grade.
  • CSHB 2087, which would protect student data. Specifically, the bill would protect students’ personally identifiable information from being gathered by web sites or providers for targeted advertising.
  • CSHB 3438, which would create a state financing program administered by the Texas Public Finance Authority (TPFA) to assist school districts with certain expenses.
  • CSHB 3476, which would require students who are required to take a physical under UIL rules to take an electrocardiogram. Chairman Dan Huberty (R-Houston) explained the substitute introduces additional flexibility.
  • HB 3548, which would grant immunity from personal liability to a director, officer or employee of the nonprofit corporation established by the Texas Public Finance Authority. The bill would specify that the nonprofit corporation itself is subject to liability only in the manner that applies to school districts.
  • HB 3706, which would allow community-based dropout recovery education programs to provide alternative education programs to at-risk students online, in addition to at a campus.

The committee will meet next at 8:00 a.m. Tuesday, and again the following Thursday to vote on additional bills.

House Public Education Committee hears cyberbullying bill

The House Public Education Committee met Tuesday to consider and vote on several bills, including a high-profile bill aimed to reduce cyberbullying.

HB 306 by state Rep. Ina Minjarez (D-San Antonio) would crack down on bullying and cyberbullying. The bill defines “cyberbullying” as “bullying that is done through the use of electronic communication, including through the use of a cellular or other type of telephone, a computer, a pager, a camera, electronic mail, instant messaging, text messaging, a social media application, Internet website, or other Internet-based communication tool.” Cyberbullying may occur outside of a school or school-sponsored event if it interferes with a student’s educational opportunities or substantially disrupts the orderly operation of a classroom, school or school activity.

State Rep. Ina Minjarez (D-San Antonio) lays out anti-cyberbullying bill.

State Rep. Ina Minjarez (D-San Antonio) lays out anti-cyberbullying bill.

The bill would further require districts to provide for anonymous reporting of bullying behavior. HB 306 would allow for a student to removed or expelled if they encourage a minor to commit suicide, incite violence through group bullying or threaten to release intimate visual material of a minor. The bill would require schools to report bullying to police, and would hold parents liable for damages and legal fees if their child engages in bullying another child. The bill would create a new Class A misdemeanor criminal offense for “inducing suicide or attempted suicide of a minor by nonphysical bullying.”

Last session, ATPE successfully advocated for HB 2186, which required suicide prevention training for school staff. Suicide is the second highest cause of death for high school-aged children, and it is often prompted by bullying. Several parents of children who committed suicide after being bullied offered emotional testimony in support of HB 306. ATPE also testified in support of the bill.

Before adjourning, Chairman Dan Huberty (R-Houston) led the committee in advancing several bills. Chairman Huberty indicated the committee would vote on additional bills in a formal meeting Thursday upon adjournment of the House. The committee approved the following bills Tuesday:

  • HB 61, which would include metrics regarding the academic performance of students formerly receiving special education services on the list of performance indicators utilized by the “A through F” public school accountability system.
  • HB 156, which would establish a pilot program in a certain South Texas high schools for placement of students in Junior Reserve Officers’ Training Corps (JROTC) programs as an alternative to placement in disciplinary or juvenile justice alternative education programs.
  • HB 209, which would require every high school to make voter registration applications available to students and employees.
  • HB 441, which would ban schools from providing student instruction on Memorial Day.
  • HB 1057, which would add pre-AP and pre-IB participation to the performance indicators under the “A through F” system, along with the percentage of student who have received credit by examination, the percentage of students who have been promoted over their grade level and the percentage who received a diploma in three years or less.
  • HB 1114, which would reduce the number of service days required of teachers in a district that anticipates providing less than 180 days of instruction, while preserving the teacher’s salary. Rep. King voted no.
  • HB 1174, which would add the percentage of students who have successfully completed on “OnRamps” dual enrollment course to the list of performance indicators under the “A through F” accountability system.
  • HB 1336, which would require school districts to include in their annual financial management reports the costs associated with administering assessments required by state law.
  • HB 1500, which would add the percentage of students who earn an associate degree to the list of performance indicators under “A through F.”
  • HB 1540, which would add the importance of quickly selecting a major or field of study into the list of post-secondary education information required to be provided to high school students.
  • HB 1583, which would extend epinephrine auto-injector regulations, privileges, grant eligibility and immunity from liability to private schools.
  • HB 1638, which would order TEA and the Texas Higher Education Coordinating Board to develop statewide goals for dual credit programs, along with a program to evaluate them.
  • HB 2614, which would waive the requirement that school districts administer a free nationally norm-referenced preliminary college preparation assessment instrument to students entering high school and students in the 10th grade.
  • HB 2623, which would require schools to create a personalized transition program for students returning after missing 30 instructional days or more because of placement in a juvenile center or hospital care.
  • HB 3145, which would require each district’s board of trustees to adopt a school recess policy with a minimum number of minutes.
  • HB 3318, which would require a district of innovation (DOI) to post its innovation plan online and maintain it in public view on the district’s website.
  • HB 3369, which would require additional training and supports for special education teachers and district personnel responsible for determining eligibility for special education programs.
  • HB 3381, which would order the governor to designate a Texas Military Heroes Day in public schools.

The hearing began with HB 1010 by state Rep. Roberto Alonzo (D-Dallas), which would give rules, bylaws and written policies adopted by a local school district’s board of trustees the force of law in relation to the district. Under current law, parents are often forced to file a challenge in a state district court if a school district does not comply with its own stated policy. The bill could allow parents to seek relief instead from the Texas Education Agency (TEA) commissioner. According to the fiscal note, HB 1010 would cost roughly $365,000 a year. ATPE supports this bill.

HB 3209 by state Rep. Larry Gonzales (R-Round Rock) would require TEA to enter into a memorandum of understanding with the regional day school programs for the deaf regarding performance evaluation requirements for accountability purposes. The fiscal note estimates HB 3209 would cost about $107,000 per year.

HB 1569 by state Rep. Trent Ashby (R-Lufkin) would require a residential treatment facility to provide a student’s school, behavioral and arrest records to a district or open-enrollment charter school that provides educational services to a student placed in the facility. ATPE supports this bill.

HB 3706 by state Rep. Eddie Lucio III (D-Brownsville) would allow community-based dropout recovery education programs to provide alternative education programs to at-risk students online, in addition to at a campus.

HB 1075 by state Rep. Ed Thompson (R-Pearland) would require sports officials registered with UIL to undergo an additional criminal background check once every three years.

HB 933 by state Rep. Oscar Longoria (D-Mission) would ban rolled or shaved baseball bats for use in University Interscholastic League (UIL) activities. Both are methods of doctoring metal bats. “Shaving” is the process of mechanically thinning a bat’s inner walls, while “rolling” is the process of mechanically compressing a bat’s barrel. Both can significantly increase the power of a metal bat while reducing the bat’s lifespan. Rep. Longoria argued this significantly increases the danger to players on the field.

HB 3887 by state Rep. Garnet Coleman (D-Houston) would add physical and emotional trauma training to the mental health training requirements for school staff.

HB 310 by state Rep. Jarvis Johnson (D-Houston) would allow compensatory education allotment funds to be used to fund a district’s school guidance and counseling program.

HB 2767 by state Rep. Barbara Gervin-Hawkins (D-San Antonio) would allow TEA to delay the implementation of any accountability rule by an additional two years following the school year in which the rule is adopted unless otherwise required by law.

HB 2683 by state Rep. Gina Hinojosa (D-Austin) would exempt school buses from paying a toll for the use of a toll project. ATPE supports this bill.

HB 2014 by state Rep. Tan Parker (R-Flower Mound) would allow the TEA commissioner to designate a campus as a “mathematics innovation zone.” Such a campus would be exempt from accountability interventions for two years and would be allowed to use a “pay for success” program approved by the commissioner. The bill sets up a framework for creating such pay for success programs funded by private investors. TEA commissioner Mike Morath testified that districts would essentially take out a loan from an investor, and repayment would depend upon achievement of measurable outcomes. According to the fiscal note, HB 2014 would cost the state roughly $10 million per year.

HB 3548 by Rep. Parker would grant immunity from personal liability to a director, officer or employee of the nonprofit corporation established by the Texas Public Finance Authority. The bill would specify that the nonprofit corporation itself is subject to liability only in the manner that applies to school districts.

HB 413 by vice-Chair Diego Bernal (D-San Antonio) would allow instructional materials allotment (IMA) funds to be used to pay for educator training and salaries, including counselor salaries.

HB 1451 by state Rep. Ryan Guillen (D-Rio Grande City) would require SBOE adopt criteria to allow a student to earn one of the two foreign language credits required for high school graduation by successfully completing a dual language immersion program at an elementary school.

HB 884 by Educator Quality Subcommittee Chair Ken King (R-Canadian) would order the State Board of Education (SBOE) to review and revise the foundation curriculum Texas Essential Knowledge and Skills (TEKS) to be narrower and require less time than the TEKS adopted as of January 1, 2017. As part of this process, SBOE would be required to examine the time necessary for instruction and mastery of each TEKS, whether college and career readiness standards have been adequately met and whether each assessment instrument adequately assesses a particular student expectation.

HB 4064 by state Rep. Dwayne Bohac (R-Houston) would add a digital education requirement to the qualifications for teacher certification and add a continuing education credit for instruction in digital technology. The bill would also include digital learning in the requirements for staff development. ATPE supports this bill.

HB 3434 by state Rep. Linda Koop (R-Dallas) would require TEA adopt uniform general conditions adopted by the Texas Facilities Commission for use in all building construction contracts made by school districts.

Education Committees discuss educator preparation bills and more

The House Public Education Subcommittee on Educator Quality and the Senate Education Committee met yesterday and today, respectively, to take up a variety of issues. A bill opposed by ATPE pertaining to educator preparation was up in both committees. A handful of other educator training and certification bills, legislation aimed at teacher quality, and the bill to extend individual graduation committees were also heard in committee.

Lowered educator preparation standards hurt teachers, students

House Bill (HB) 2924 and Senate Bill (SB) 1278 are companion bills pertaining to educator preparation program and candidate requirements in Texas. A bill passed by the legislature last session raised standards for educator preparation in Texas. In conjunction with the standard rule review process at the State Board for Educator Certification (SBEC), that bill resulted, after almost 2 years of thoughtful deliberations, in rules that raised standards for educator preparation programs (EPP), EPP candidates, EPP entrance requirements, and certification. ATPE was supportive of the rule review process, a process driven by a board of educators working in the field. We are opposed to initiatives that aim to roll back some of those rule provisions, and, unfortunately, SB 1278 and HB 2924 would do just that. ATPE opposed the bills based on the strong and evidence-backed belief that all educator candidates deserve strong training and support prior to full certification.

ATPE expressed concerns shared by those in the education committee, including administrators, teachers, University Deans, districts, educator quality groups, and more. In the Senate Education Committee, discussion included the fact that the only groups testifying in support of the legislation were for-profit educator preparation providers. These groups, in many cases, have a profit incentive to keep standards low, and under this bill, would seek to roll back the raised standards accomplished over the past two years through SBEC. Senators also heard from teachers in the field who testified that rolling back the standards would only result in educators being set up for failure once in the classroom. The bill was ultimately left pending.

House Public Education Subcommittee on Educator Quality

The Educator Quality Subcommittee heard a number of other measures pertaining to educator preparation that ATPE opposed based on the same principle and understanding that we do a disservice to teachers and students if we put ill-prepared educators in the high-stakes classroom and expect them to achieve excellence. The committee also heard two certification focused bills that ATPE supported; both HB 3563 and HB 1867 focus on well certified and well trained educators in classrooms. Another bill ATPE supported, HB 3692, would prohibit the use of student standardized test scores as a measure of teacher performance in an appraisal system.

ATPE also testified neutrally on two bills that dealt with separate topics but both entail work currently being done at the Texas Education Agency (TEA). HB 2941 would change appraisal rules currently in law at a time when TEA is still in the process of implementing its new commissioner recommended appraisal system, the Texas Teacher Evaluation and Support System (T-TESS). Similarly, HB 2039 would create a new Early Childhood through Grade 3 Certificate, which the SBEC is currently in the process of thoroughly reviewing as one of several avenues to help early childhood teachers get the specific instruction needed to best teach early childhood students.

Senate Education Committee

In the Senate Education Committee, ATPE supported SB 196, requiring parental notification when a campus lacks a nurse, school counselor, or librarian; SB 1854, aimed at reducing required paperwork for classroom teachers; and SB 1353, putting in place a process for dealing with the facilities of certain annexed districts.

We also supported SB 463, a bill to permanently extend the individual graduation committees (IGCs) passed into law last session on a trial basis. (More on the bill here.) ATPE joined the education committee in strongly embracing the bill to make IGCs a permanent option for otherwise successful students who struggle to pass state standardized tests. TEA recently released the 2015-2016 IGC data, which can be found here. ATPE thanks Senator Seliger (R-Amarillo) for championing this common sense, meaningful legislation, because many students shouldn’t be defined by their ability to pass “the” test and testing struggles shouldn’t inhibit their future success!

House committee advances A-F improvements

The House Public Education Committee met Tuesday to hear a number of bills, including those dealing with special education, and to advance a key piece of legislation relating to accountability.

House Public Education Committee meeting April 4, 2017.

House Public Education Committee meeting April 4, 2017.

During a break in testimony Tuesday afternoon, Chairman Dan Huberty (R-Houston) introduced a committee substitute to HB 22, which would modify the “A through F” accountability system. As filed, the bill would collapse the five domains down to three and eliminate the overall, or “summative,” rating for districts and schools.

Chairman Huberty explained the committee substitute would clarify that indicators must be based on disaggregated information and include indicators reflecting access to resources, size and socioeconomics. The substitute would also incorporate policies advocated by ATPE, including a requirement that stakeholders, including teachers, should be involved in the process. ATPE has also advocated for restricting the use of standardized test results and other value-added measures (VAM) for the purposes of evaluating educator performance. The substitute would cap VAM at 25 percent of the educator performance score.

The committee unanimously approved HB 22, along with the following bills:

  • HB 481, which would prohibit TEA from collecting over-allocated state funds after seven years if they resulted from statutory changes.
  • HB 852, which would remove the cap on the number of individuals who can enroll in the adult high school and industry certification charter school pilot program.
  • HB 972, which would make it more difficult for districts to assign students to an uncertified teacher.
  • HB 1560, which would remove an obsolete reference regarding open-enrollment charter schools from the statute outlining the powers of the State Board of Education (SBOE).
  • HB 2611, which would allow districts to list property with a realtor using a multiple-listing service for 30 days.
  • HB 2649, which would require the governing bodies of charter schools to hold open meetings in the county in which the school is located and subject to the same requirements as regular government bodies.
  • HB 3722, which would modify the funding formula for districts to which an academically unacceptable school district is annexed.
  • HB 1669, which would allow the Texas Education Agency (TEA) commissioner to charge legal fees to parents who the commissioner deems have filed a “frivolous” lawsuit.

Also of note, the committee considered HB 713 by state Rep. Gene Wu (D-Houston), which would end the de facto “cap” on special education enrollment unveiled by the Houston Chronicle. Specifically, it would prohibit any performance indicator based on the total number or percentage of students enrolled in special education. As the Chronicle reported, an arbitrary 8.5 percent target monitored by TEA resulted in schools inappropriately denying special education services to thousands of children. Although TEA indicated that it will no longer use this information as a performance indicator, Rep. Wu explained HB 713 would prevent the agency from resuming the practice in the future. ATPE supports this bill.

The hearing began Tuesday morning with HB 1886 by state Rep. Rick Miller (R-Sugar Land), which would specify that appropriate dyslexia screening or testing should be done upon enrollment in kindergarten and at the end of first grade. It would require the TEA designate a dyslexia specialist to provide districts with support and resources, and identify both in-person and online training opportunities. According to the fiscal note, the bill would likely require TEA hire an additional full-time equivalent at a cost of roughly $107,000 per year.

HB 2205 by state Rep. John Kuempel (R-Seguin) would require school employees to report suspected cases of child abuse or neglect to local law enforcement, as well as the Department of Family and Protective Services (DFPS). Kuempel argued that too much time may pass between the time a report is filed and DFPS notifies law enforcement of a potentially dangerous situation. In some cases, DFPS has waited up to 72 hours before notifying police.

ATPE lobbyist Mark Wiggins testified neutrally on the bill. Highlighting the paramount importance of child safety both to educators and police, Wiggins pointed out that the current law orders DFPS to immediately inform local law enforcement. It’s hard to justify calling 72 hours “immediate,” as required by law. Before duplicating efforts, ATPE suggested that addressing the issue within DFPS may be the correct starting point for ensuring that current law is followed and no children are left in potentially dangerous situations.

HB 743 by state Rep. Jessica Farrar (D-Houston) would allow a social worker to provide services to students and families in a school district, collaborating with school administrators in order to enhance students’ learning environments. ATPE supports this bill.

HB 1720 by state Rep. Larry Phillips (R-Sherman) would require schools to provide parental notice if a child is found with lice. Furthermore, school officials would be required to notify the parents of every child in the same classroom as a student found with lice. The bill specifies that the child’s identity would be held confidential and not revealed to other parents.

ATPE lobbyist Mark Wiggins testified neutrally on HB 1720, noting that some teachers have expressed frustration that some school districts prohibit teachers from notifying other parents when a child is found with lice, resulting in recurring outbreaks. ATPE suggested the bill could be improved by granting individual teachers the right to notify other parents if they determine such action is appropriate.

HB 1556 by state Rep. Mary González (D-El Paso) would require training for foster parents of a child with disabilities before making educational decisions on the child’s behalf. The bill would separate the legal definitions of foster parents and surrogate parents for the purposes of educational decision making. Social workers testified that oftentimes, the law is unclear as to who makes the educational decisions for foster children in certain situations. According to the fiscal note, local districts could find it necessary to invest roughly $230,000 to develop training and $25,000 in subsequent years to maintain and update the training.

HB 1076 by state Rep. Tom Oliverson (R-Cypress) would revisit the timing of mandatory spinal screenings. While current law requires screenings in grades 6 and 9, HB 1076 would instead order the executive commissioner of the Texas Health and Human Services Commission (HHSC) to designate the appropriate ages for screening based on the latest scientific research.

HB 1583 by state Rep. Philip Cortez (D-San Antonio) would extend epinephrine auto-injector regulations, privileges, grant eligibility and immunity from liability to private schools. The bill would also add private school nurses to the list of positions eligible to serve on the epinephrine auto-injector advisory council.

HB 2395 by state Rep. Nicole Collier (D-Fort Worth) would order each district and charter to test their water for lead using a third-party testing service. If too much lead is found, the bill would require schools to provide safe water until lead levels are returned to acceptable parameters. According to the fiscal note, the Texas Association of School Business Officials (TASBO) estimated the cost of lead testing to be between $2,000 and $3,000 per building. TEA estimated the statewide cost at approximately $22 million per year, not including remediation.

HB 2130 by state Rep. Kevin Roberts (R-Houston) would order a study on the impact of the statewide assessment program on students in special education. The study would be required to address whether the administration of alternate assessments complies with ESSA and whether state-required assessments provide accurate and helpful information. Many disability advocates argued that current assessments aren’t necessarily appropriate for children with some disabilities. According to the fiscal note, the study would cost the state approximately $230,000. TEA staff testified the study could be paid for out of federal funds. ATPE supports this bill.

HB 1342 by state Rep. Tan Parker (R-Flower Mound) would require elementary and high school students to receive mandatory annual sex abuse training “to promote self-protection, prevent sexual abuse of children, and reduce child pregnancy.” Rep. Parker cited alarming statistics concerning sexual abuse of children, arguing children should be trained how to identify and handle assault.

HB 1033 by state Rep. DeWayne Burns (R-Cleburne) would require the TEA to petition for a waiver of the annual alternative assessment of students with significant cognitive disabilities required under the federal Every Student Succeeds Act (ESSA). Rep. Burns suggested that individual admission, review and dismissal (ARD) committees should be empowered to determine which tests, if any, are appropriate. ATPE supports this bill.

HB 23 by Chairman Huberty would create a five-year grant program to provide money for districts and charters that provide innovative services to students with autism.  The total number of eligible school programs would be capped at ten, giving priority to collaborations between multiple districts and charters. Funds would be capped at $20 million total, and $1 million for each individual program. According to the fiscal note, HB would cost the state $258,000 through 2019 and $10.1 million each following year. Chairman Huberty argued the pilot program would help drive innovation in a much-needed area of education. ATPE supports this bill.

HB 2623 by state Rep. Alma Allen (D-Houston) would require schools to create a personalized transition program for students returning after missing 30 instructional days or more because of placement in a juvenile center or hospital care. According to the fiscal note, districts may find it necessary to hire an additional counselor at an average annual salary of $63,000. Rep. Allen explained this is needed to help ensure that students who have been away from a public education setting for an extended period are able to be successfully reintegrated. ATPE supports this bill.

HB 194 by Vice-Chairman Diego Bernal (D-San Antonio) would require the State Board of Education (SBOE) to create a special education endorsement. Vice-Chairman Bernal suggested the bill would rectify an oversight that has resulted in some special education students being unable to earn the endorsements needed to graduate.

HB 3439 by state Rep. Linda Koop (R-Dallas) would allow school districts to contract with a charter to operate a district campus and share teachers, facilities or resources. Such schools would be entitled to the greater of the funding per weighted average daily attendance (WADA) entitled to the district or the charter. Although the fiscal note projects no state expense through 2019, the program would cost the state $33.3 million in 2020, $44.4 million in 2021 and $55.5 million in 2022.

ATPE lobbyist Mark Wiggins testified against HB 3439, pointing out concerns regarding students and educators. Even though students in each attendance zone would be given preference, the new charter campus would still be allowed to cap enrollment and potentially exclude students who would otherwise be entitled to go to that school. Furthermore, the legislation is unclear as to whether district teachers could be transferred to the charter and lose the rights and protections of district employees.

The bill would also allow low-performing charters to take over campus management. Currently, charters rated “C” or “D” on the “A through F” accountability system could participate, and as a result, would benefit from a one-year pause in their accountability ratings. This provides an incentive for poorly-performing charters to partner with poorly-performing districts in order to enjoy an accountability holiday. ATPE suggests confining participation to charters with “A” or “B” ratings.

HB 2442 by state Rep. Ken King (R-Canadian) would change “minutes of instruction” to “minutes of operation” for the purposes of determining the length of each school day. The TEA commissioner would determine how many minutes of operation are equivalent to a day of instruction. Instruction time would include recess and meals. The bill would also repeal the minimum length of the school day.

ATPE lobbyist Monty Exter testified in support of HB 2442, pointing out that the bill helps clarify the length of half-day pre-kindergarten for funding purposes.

HB 3157 by state Rep. Dennis Bonnen (R-Angleton) would modify eye exam rules to allow students to be screened using photoscreening. Advocates argued photoscreening is a more accurate and efficient method for detecting eye problems than eye charts, but school policies don’t always allow them.

Before concluding, Chairman Huberty suggested there could be a formal meeting later this week in order to advance additional bills pending in the committee.

School finance bill on its way to full House

The House Public Education Committee convened Tuesday morning with a focus on legislation concerning charters. At the outset, Chairman Dan Huberty (R-Houston) vowed to advance House leadership’s priority school finance bill, HB 21. Members approved the bill during a brief break Tuesday morning by a vote of 10-1.

HPE 03-28-17

Huberty hearkened back to his days as a school board member to explain his longstanding goal of finding a grand fix for the state’s troubled school finance system. The chair noted, “While we’re not there, this is a good first step.”

Casting the lone vote against the committee substitute to HB 21, state Rep. Morgan Meyer (R-Dallas) noted HB 21 increases recapture payments by Highland Park ISD. According to model runs produced by the Legislative Budget Board (LBB), Highland Park ISD would lose $1.6 million in fiscal year 2018, worth $80 per student weighted average daily attendance (WADA).

HB 21 now heads to Calendars, where it will be scheduled for debate on the House floor. With the exception of state Rep. Harold Dutton casting a vote of “present” on HB 1291, the committee unanimously approved the following bills heard previously:

  • HB 1291, which would add a course on “American principles” to the Texas Essential Knowledge and Skills (TEKS).
  • HB 657, which would allow ARD committees to advance a student in a special education program after a single exam.
  • HB 1469, which would allow charter schools to hire teachers without a baccalaureate degree for non-core CTE courses.
  • HB 2263, which would shrink the role of campus intervention teams.
  • HB 789, which would allow Highland Park ISD to raise acceleration exam cut scores.
  • HB 1731, which excludes students leaving a residential facility from dropout rate calculations.
  • HB 3075, which excludes students in juvenile facilities from charter school dropout rate calculations.

The first new bill heard was HB 1669 by Rep. Tracy King (D-Batesville), which would allow the Texas Education Agency (TEA) commissioner to charge legal fees to parents who the commissioner deems have filed a “frivolous” lawsuit. It would add language to the law regarding complaints that protects school districts from complaints concerning a student’s participation in an extracurricular activity that doesn’t involve a violation of parental rights.

HB 2611 by Rep. Gary VanDeaver (R-New Boston) would allow districts to list property with a realtor using a multiple-listing service for 30 days. VanDeaver argued the flexibility would allow districts to reach more potential buyers, and he noted that cities and counties are already allowed to do this.

HB 2051 by Chairman Huberty would raise the new instructional facilities allotment (NIFA) to $1,000 from $250. Huberty introduced a committee substitute that would allow the funds to go toward remodeling of facilities. Fast-growth districts and charters argue the funding is needed to keep up with the growing need for new instructional facilities. The allotment is funded off of a set number, and HB 2051 would not increase the total available in the fund. For that reason, HB 2051 has no fiscal note.

Similar to the committee substitute for HB 2051, HB 1081 by Rep. Diana Arévalo (D-San Antonio) would add renovated or repurposed facilities and leased facilities to the New Instructional Facility Allotment (NIFA) under the FSP. The bill makes no change to the amount of the allotment. ATPE Lobbyist Monty Exter testified neutrally on the bill. While ATPE supports the ability to use NIFA dollars for renovation and repurposing of buildings, Exter raised concern with the lease language of HB 1081 and allowing state dollars to pay for renovations to facilities that districts will not actually own.

HB 481 by Rep. Ken King (R-Canadian) would prohibit TEA from collecting over-allocated state funds after seven years if they resulted from statutory changes.

HB 3722 by Rep. King would modify the funding formula for districts to which an academically unacceptable school district is annexed. Under HB 3722, TEA would be able to provide additional funding by allowing such districts to make use of the local fund assignment (LFA) adjustment for the annexed district.

HB 1039 by Rep. Mary González (D-El Paso) would change the funding calculation for open-enrollment charter schools from a calculation based on the state average adjustment and tax effort to the lesser of the state average adjustment and tax effort or that of the school district in which the charter’s largest campus is located. González argued that the bill is needed to reduce funding advantages for certain charter schools and bring funding more in line with local ISDs, with the goal of returning charter schools to the original mission of identifying innovative education practices. According to the fiscal note, HB 1039 would save $161 million in state funds over the next two years, which González suggested could be returned to school districts.

HB 2649 by Rep. Giovanni Capriglione (R-Southlake) would require the governing bodies of charter schools to hold open meetings in the county in which the school is located and subject to the same requirements as regular government bodies. The bill would require charters to broadcast their governing meetings over the internet and provide archived audio/video recordings online. Capriglione argued the bill closes a loophole that allows charters to avoid open meetings laws. ATPE supports this bill.

HB 2298 by Rep. Tomas Uresti (D-San Antonio) would prohibit anyone associated with a charter school from serving on a local school board or the State Board of Education (SBOE). The prohibition would apply to an employee, officer, or member of a governing body of a charter school, as well as anyone who lobbies on a charter school’s behalf or has a business interest in a charter school. Uresti argued the rule is needed to prevent a board member’s financial interest in a charter school from creating a conflict of interest with the member’s responsibility to students. ATPE supports this bill.

HB 1059 by Rep. Jim Murphy (R-Houston) would allow for the reattachment of property that has been detached from one district and annexed to another for the purposes of meeting the equalized wealth level. Reattachment can occur if the original district’s wealth per student drops $10,000 or more below the equalized wealth level that applies to maintenance and operation tax effort. Houston ISD faces the detachment of property worth $17.4 billion in order to meet the equalized wealth level after the district decided not to make its first recapture payment. A majority of the board is reported to support an upcoming “second-chance” election to authorize the recapture payment in order to avoid detachment.

Rep. VanDeaver pointed out concerns regarding the effects of reattachment on districts to which property had been annexed. If a district were to issue bonds based on property annexed from another district, then later lost that property through reattachment, taxes on property remaining within that district would necessarily increase.

HB 1023 by Rep. Ron Simmons (R-Carrollton) would allow the TEA commissioner to grant more than one charter for an open-enrollment charter school to a charter holder if the additional charter is for an open-enrollment charter school that serves a distinct purpose or student population. This would allow a charter school operator to be granted an additional charter for programs such as a virtual open-enrollment charter school or an open-enrollment charter school for at-risk students. Current law restricts charter holders to a single charter for an open-enrollment charter school. Rep. Simmons noted there is plenty of room under the charter cap, which is scheduled to be set at 305 charters beginning September 1, 2019. Opponents of the bill voiced concerns regarding the ability of charter holders to skirt accountability through the use of multiple charters. According to the fiscal note, HB 1023 would cost the state roughly $20.7 million through 2019.

HB 2340 by Chairman Huberty would require school districts to maintain a minimum balance of undesignated funds that is no less than the district’s operating expenses for 90 days. The chairman explained the combined amount of money in undesignated school district fund balances across the state has grown to more than $20 billion and continues to increase. HB 2340 aims to encourage districts to spend down their fund balances by defining the balance in statute and outlining a list of acceptable uses for undesignated funds, such as paying off debt. Some indicated concern that cash-strapped Chapter 41 districts currently without a fund balance could face a problem building one up. Chairman Huberty acknowledged that some districts could have legitimate cash flow concerns, and pledged to continue the dialogue with stakeholders.

HB 852 by Rep. Tan Parker (R-Flower Mound) would remove the cap on the number of individuals who can enroll in the adult high school and industry certification charter school pilot program. The current cap limits the program to 150 individuals. According to Rep. VanDeaver, the bill directly affects the Goodwill Excel Center in Austin, which has graduated more than 205 students who would not otherwise have been able to obtain a high school diploma. After emotional testimony submitted by two adult students, a representative from the center testified the school would like to expand the program to additional locations in order to serve more adult students.

HB 171 by Rep. Dutton would require all school districts to lease or sell unused or underused facilities to charter schools. Current statute requires districts to allow charters an opportunity to purchase or lease underutilized facilities, but there is no requirement as outlined in Dutton’s bill. The bill would also require the TEA commissioner to produce a list each year of eligible facilities and post it on the agency website. Dutton said the bill’s committee substitute removes the requirement on districts and allows districts to determine what constitutes “unused” or “underutilized” facilities, which many stakeholders found objectionable. ATPE opposes this bill.

HB 2337 by Rep. Dutton would entitle open-enrollment charter schools to facilities funding equal to the number of students in average daily attendance (ADA) multiplied by the guaranteed level of state and local per-student funds provided to school districts, resulting in an additional $170 per pupil. According to the fiscal note, HB 2337 would cost the state $411 million over the next biennium in Foundation School Program (FSP) funds that would no longer be available to traditional public schools. Dutton argued that charter schools face a structural disadvantage when it comes to facilities funding, and announced that the committee substitute would reduce the program cost to $100 million. Opponents pointed out that traditional public schools also face funding challenges that HB 2337 would make worse. For example, 80 percent of the state’s enrollment growth is occurring in less than 100 school districts. Yet these fast-growth traditional public schools do not receive additional facilities funding from the state. ATPE opposes this bill.

HB 467 by Rep. Murphy would adjust the language regarding the capacity available to charter holders under the bond guarantee program to back bonds with the Permanent School Fund (PSF). It removes language that limits the calculation to capacity available after subtracting the total amount of outstanding guaranteed bonds. Murphy introduced a committee substitute that would move the distribution of funds to a period of five years instead of one year, increase by 50 percent the contributions charters make to the charter reserve fund and expand the TEA commissioner’s discretionary oversight to deny access. The bill would have the effect of increasing the amount available to charters to guarantee bonds using the PSF, which would increase access to better interest rates.

HB 1269 by Rep. Jason Villalba (R-Dallas) would allow a charter school to be eligible for supplemental funding if its students perform better than the state average college readiness standard as measured by test performance. The supplemental funding would be capped by the maximum amount received by nearby districts. Participating charters would be prohibited from expelling students in most cases and would be required to enter into a memorandum of understanding (MOU) with the local juvenile justice board to operate a juvenile justice alternative education program on behalf of the charter. Participating charters would also be allowed to contract with a local school board to operate a district campus, which would be immune to action by the commissioner against a failing campus for the first three years. The bill would also expand the scope of reporting for new charter schools to include superintendents, districts, and legislators within a three mile radius of proposed campus locations. Opponents pointed out that HB 1269 would increase facilities funding for charters without addressing charters’ existing advantage in maintenance and operation (M&O) funding provided by the state. According to the fiscal note, HB 1269 would cost the state $450 million through 2019. ATPE opposes this bill.

HB 480 by state Rep. Cindy Burkett (R-Sunnyvale) would allow the TEA commissioner to grant a charter for prekindergarten-only programs. These programs would be exempt from the annual charter cap. The cap limit beginning September 1, 2017, is 270 charters. According to the fiscal note, the cost of providing half-day pre-K to an additional 5,000 students would cost the state roughly $39.7 million over the next two years. TEA staff explained many existing private pre-K providers would likely opt to become charters instead.

ATPE Lobbyist Monty Exter testified neutrally on the bill. While ATPE supports efforts to expand pre-K, Exter identified a number of concerns. If charters are limited to only serving the students who qualify for the funding they receive, they may be set up to fail. Additionally, if providers receive a subsidy for half-day pre-K and are allowed to “upcharge” for the remainder of the day, the program could begin to resemble a pre-K voucher. Finally, certain accountability factors – such as teacher certification requirements – don’t apply to charter schools, and that has been a point of contention about public-private partnerships to provide pre-K in the past.

HB 1560 by Rep. Ryan Guillen (D-Rio Grande City) would remove an obsolete reference regarding open-enrollment charter schools from the statute outlining the powers of the State Board of Education (SBOE). This bill would not change the law in any material way.

Concluding Tuesday’s hearing, Chairman Huberty indicated the committee will consider legislation related to special education and health and safety next week.

Subcommittee resumes teacher misconduct discussion

The House Public Education Subcommittee on Educator Quality met Monday to take up another round of legislation primarily related to inappropriate relationships between educators and students.

hearing 03-27-17

Before addressing the teacher misconduct bills, the committee began the hearing with HB 2209 by state Rep. Mary González (D-El Paso). HB 2209 would incorporate “universal design for learning” into the required training for all classroom teachers. It would require additional continuing education and require SBEC to add training in disabilities to the requirements for educator preparation programs (EPPs). The fiscal note assumes TEA would need to hire two additional employees to carry out the bill’s requirements at a cost of $322,000 through 2019.

HB 1918 by state Rep. Ryan Guillen (D-Rio Grande City) would create a grant program to provide online professional development courses for new teachers, those teaching out of their certification or those teaching at underperforming schools. According to the fiscal note, 500 teachers would be eligible to participate, and the program would cost the state $8.7 million over the next years. The bill would be funded by $6 million in Rider 41 through Article III of the state budget.

HB 1403 by state Rep. Jason Isaac (R-Dripping Springs) would expand the criminal offense of inappropriate relationship between an educator and a student. Under current law, a person commits a felony if they engage in sexual relations with a student at the same school or with a student they know attends school in the same district in which they teach. HB 1403 would make it a felony for any teacher to engage in sexual relations with anyone they know to be a primary or secondary school student, regardless of where they go to school.

HB 1799 by state Rep. Tony Dale (R-Cedar Park) would create a registry for teachers who have been involved in inappropriate relationships with students or those who have been deemed ineligible to teach as a result of their criminal history. The State Board for Educator Certification (SBEC) already maintains this information, but Dale noted it’s not readily available to private schools or schools outside of Texas. HB 1799 aims to address this by creating a registry of ineligible teachers open to all appropriate employers. Each school would be required to consult the registry before making a new hire and report misconduct information to the registry. The registry would be administered by the Texas Education Agency (TEA), and according to the fiscal note, would cost $1.2 million the first year and $515,000 per year afterward for four additional TEA employees.

HB 3769 by subcommittee Chairman Ken King (R-Canadian) is the companion to SB 7, which ATPE testified in support of during Senate hearings earlier this month. Both were heard in the subcommittee on Monday, and ATPE continues to support them. Committee members raised a handful of questions regarding the legislation. Chairman King suggested to state Rep. Alma Allen (D-Houston) that he would be open to providing clearer language that would subject administrators who fail to meet reporting requirements to criminal charges. Rep. Allen also suggested reporting timelines should be measured in business days, as opposed to calendar days, and argued that pension revocation — as discussed in the Senate — amounted to “overkill.” SB 7 was amended to remove language holding administrators who “should have known” about misconduct liable.

“I’m going to make this a better bill before we vote on it,” King assured the committee. All bills were left pending.

A-F fix takes center stage in House Public Education

The House Public Education Committee met Tuesday to consider more than two dozen bills. Chairman Dan Huberty (R-Houston) began the hearing with more discussion of House Bill (HB) 21, House leadership’s priority school finance bill that would add $1.6 billion to the public school system. Huberty announced that the much-anticipated committee substitute should be posted this week.

The committee heard extensive testimony over the last two weeks regarding how to structure $200 million allocated for hardship grants to ease the burden primarily on schools facing the expiration of Additional State Aid for Tax Reduction (ASATR) funding. Huberty indicated $125 million would be allocated the first year, and $75 million the second year. State Rep. Ken King (R-Canadian), who chairs the subcommittee on Educator Quality, explained districts taxing at the max level will get larger prorated grants under the program. Grants could be no larger than the actual amount of the lost ASATR funding, or exceed ten percent of the overall grant.

Huberty added that House budget writers have identified $250 million of additional funds to bring the overall price tag of HB 21 to $1.9 billion. The chairman suggested those funds could be focused toward CTE, computer technology and bilingual education. Huberty concluded by stating his intention to finalize committee substitute language this week and hold a vote on the bill next week. ATPE continues to support HB 21 as an important step toward larger reform of the school finance system.

HB 1776 by state Rep. Trent Ashby (R-Lufkin), who chairs the House Appropriations Subcommittee that oversees public education funding, would replace the U.S. history end-of-course assessment with the same civics test administered to those applying for U.S. citizenship and allow students to take the test at any time, beginning in grade nine. Ashby argued the current U.S. history end-of-course exam is overly burdensome both for students and teachers. According to the fiscal note, the change would save an estimated $2 million through the biennium ending in August 2019.

HB 22 is Chairman Huberty’s answer to addressing some of the unintended consequences of the “A through F” accountability system. In short, the legislation would collapse the number of domains from five to three and eliminate the overall letter grade for schools and districts. The bill would also add a wide variety of additional performance indicators intended to decrease the reliance on standardized test data, and draw distinctions between “D” and “F” ratings – with particular regard to the accompanying accountability triggers.

Calling the system “flawed,” Huberty suggested HB 22 would move the emphasis away from standardized tests and factors influenced heavily by economic disparities. The bill is the product of collaboration between committee members, Texas Education Agency (TEA) Commissioner Mike Morath and school administrators. The fiscal note estimates HB 22 would cost $4.5 million over the next biennium, and $3.5 million the following biennium.

The legislation would further delay implementation by another school year. Commissioner Morath told the committee that the legislation fixes “unintended mathematical consequences,” and said the additional time is needed to model changes and write new rules. Alief ISD Superintendent H.D. Chambers testified that letter grades fail to adequately capture performance, and were never intended to be part of the five-domain accountability system created by the 84th Texas Legislature.

Responding to concern raised by state Rep. Dwayne Bohac (R-Houston) over the elimination of the overall grade, Huberty said “A through F” came with numerous problems. The scheme replaces the current pass/fail accountability system, under which 94 percent of schools are listed as meeting performance expectations. Under “A through F,” many schools and districts received poor grades despite being recognized by the state for outstanding performance during the same year.

“I’m tired of listening to rhetoric about our failing schools,” said Huberty, who suggested lawmakers should focus instead on finding and fixing issues leading to problems. State Rep. Alma Allen (D-Houston) agreed “A through F” doesn’t provide a “true picture” of what’s happening within public schools and local communities, and praised the bill as an important step toward improvement.

ATPE lobbyist Monty Exter testified in support of HB 22, pointing out that several states have recently repealed “A through F” systems over the same concerns. While grateful for the inclusion of a teacher quality component, ATPE advocated for ensuring value-added metrics (VAM) are not used for teacher quality measurement. ATPE also advocated for a statutory requirement that the commissioner include a panel of stakeholders, including parents and campus-level educators, in the rulemaking and implementation process. Additionally, ATPE advocated for adding a layer of simplistic language that is more descriptive than a single letter, and which would let parents know what each rating is telling them about their particular school.

Acknowledging the need to fix the shortcomings of “A through F,” Huberty told the committee, “We cannot go home without getting this done.” The chairman encouraged interested parties to continue to engage on HB 22, with a goal of finalizing a committee substitute before next week’s hearing.

HB 1336 by state Rep. Jeff Leach (R-Plano) would require school districts to include in their annual financial management reports the costs associated with administering assessments required by state law. Leach pointed out policymakers don’t know how much the state is asking local districts to spend indirectly in order to administer tests. ATPE supports this bill.

HB 145 by state Rep. Harold Dutton (D-Houston) would require any district with a student enrollment that includes more than 1,000 African-American males to use only the academic achievement differentials among African-American males for accountability purposes under the first domain of “A through F.” Supporters of HB 145 argue that empirical methods should be used to assess the differences in achievement for African-American males as a demographic group, with the goal of closing performance gaps and ending the reliance on anecdotal information. The fiscal note anticipates a cost of $273,000 the first year and $257,000 each subsequent year for the employment of two additional TEA positions to track the data.

HB 61 by state Rep. Ryan Guillen (D-Rio Grande City) would include metrics regarding the academic performance of students formerly receiving special education services on the list of performance indicators utilized by the “A through F” public school accountability system. Guillen argued the bill would give districts an incentive to encourage special education students to advance.

HB 79 by Rep. Guillen would eliminate the cap the percentage of special education students who take alternative assessments, as opposed to standard assessments. The bill would further prohibit using the percentage of special education students who take alternative assessments for performance, compliance or accountability purposes. ATPE supports this bill.

HB 1500 by state Rep. Helen Giddings (D-DeSoto) would add the percentage of students who earn an associate degree to the list of performance indicators under “A through F.” ATPE supports this bill.

HB 1057 by state Rep. Senfronia Thompson (D-Houston) would add pre-AP and pre-IB participation to the performance indicators under the “A through F” system, along with the percentage of student who have received credit by examination, the percentage of students who have been promoted over their grade level and the percentage who received a diploma in three years or less. ATPE supports this bill.

HB 1174 by state Rep. Gina Hinojosa (D-Austin) would add the percentage of students who have successfully completed on “OnRamps” dual enrollment course to the list of performance indicators under the “A through F” accountability system. ATPE supports this bill.

HB 988 and HB 989 by state Rep. Mary González (D-El Paso) would create a pilot program to develop a portfolio method to assess student performance. HB 988 would create a program for grades three through eight and HB 989 would create a program for high school students. González explained balancing standardized test results with holistic measures would yield a much more useful and accurate picture of student performance. ATPE supports both of these bills.

HB 1650 by state Rep. Craig Goldman (R-Fort Worth) would allow a student who passes a dual credit course on U.S. history to skip the U.S. history end-of-course exam. ATPE supports this bill.

HB 795 by state Rep. Jarvis Johnson (D-Houston) would require a committee appointed by the education commissioner to review any challenge to academic or financial accountability ratings raised by a school district or charter school, regardless of the issue. A successful challenge raised under this legislation would allow charter schools facing charter revocation due to unacceptable academic or financial accountability ratings to stop the clock on the proceedings under the current “three strikes” law.

HB 1993 by state Rep. Rodney Anderson (R-Grand Prairie) would require the education commissioner to adopt procedures to identify nationally recognized, norm-referenced assessment instruments as additional alternative assessment instruments that may be used to evaluate student achievement under “A through F.” The bill would further require the commissioner to apply for federal waivers to allow for multiple instruments for assessing students in the same grade. According to the fiscal note, HB 1993 would cost the state an additional $1.6 million per year.

HB 3607 by Rep. King would eliminate end-of-course exams for high school students. It would also require the commissioner to identify a procedure for districts to select the Texas Success Initiative (TSI) or a nationally recognized norm-referenced exam, such as the SAT or ACT, as the assessment instrument to be administered to students in grade 11. According to the fiscal note, HB 3607 would save the state $2.5 million per year.

ATPE lobbyist Monty Exter testified neutrally on the bill. Acknowledging the laudable goal of reducing high-stakes testing, Exter noted that norm-referenced tests are not appropriate for accountability purposes because they are designed so that results will fall along a bell curve. ATPE warned against allowing districts to use multiple assessment instruments. Currently, the only benefit of a statewide testing system is data comparability, which is lost when districts use different tests. ATPE also advocated for educators to have a stronger role helping vet out test deficiencies at the agency level.

HB 1731 by Rep. King (R-Canadian) would exclude students who leave a residential treatment facility and fail to enroll in a nearby school from the calculation of those schools’ dropout rates, provided those students would not otherwise be enrolled there. ATPE supports this bill.

HB 515 by state Rep. Gary VanDeaver (R-New Boston) would eliminate writing and social studies assessments and require only end-of-course assessments in reading, math and science as required by federal law under the Every Student Succeeds Act (ESSA). The writing assessment has long been criticized, and VanDeaver argued HB 515 could help reduce overtesting. Agency staff suggested that eliminating writing assessments could run afoul of the U.S. Department of Education’s interpretation of federal guidelines, which could potentially result in a financial penalty. Staff suggested the conflict might be ameliorated by removing writing from the state’s English Language Arts and Reading (ELAR) guidelines. The fiscal note estimates HB 515 would save the state $23 million through the next biennium. ATPE supports this bill.

HB 2263 by state Rep. Lance Gooden (R-Terrell) would no longer require campus intervention teams to continue to work with “improvement required” campuses until two years after performance standards are met. Agency staff testified that the process was “resource intensive, without providing much feedback.” Staff suggested that resources may be better spent at the front end of the intervention process, and districts would be able to determine whether additional help is needed to keep campuses from regressing.

HB 3828 by Chairman Huberty would adjust the triggers for commissioner action for failing schools to include those “rated unacceptable” and confine criteria to the “school progress” domain of the “A through F” system. The bill would modify the commissioner’s power to oversee turnaround plans and curtail the commissioner’s power to manage failing districts and require district workshops. Importantly, the bill requires a written turnaround plan with the agency and clear guidelines for implementation. After listening to public testimony, Huberty committed to work on a committee substitute for future consideration.

HB 789 by state Rep. Morgan Meyer (R-Dallas) would allow Highland Park ISD to modify the cut score for an examination for acceleration, placing the limit at 90 percent, rather than 80 percent. Meyer explained that some students who passed with an 80 percent score struggled after advancing.

HB 546 by state Rep. Joe Deshotel (D-Beaumont) would also limit state-required assessment instruments to assessments required by federal law. The fiscal note estimates a $2.9 million savings over the biennium. Noting that the language of HB 546 is wholly contained within HB 515 by Rep. VanDeaver, Rep. Deshotel pulled his bill from consideration in favor of supporting HB 515. ATPE supports this bill.

HB 657 by Vice-chair Diego Bernal (D-San Antonio) would allow the Admission, Review and Dismissal (ARC) committee of a student who participates in special education to promote a special education student to the next grade level after failing an assessment just once, provided that the committee determines the student has made significant progress in the measurable academic goals contained in the student’s individualized education program. Bernal explained that the passing rate for special education students on state assessments is roughly 30 percent, and scores usually do not improve after the third administration. Rather than subjecting students to multiple unnecessary examinations, Bernal argued parents and educators should be allowed flexibility. ATPE supports this bill.

HB 3104 by Rep. VanDeaver would require the TEA to adopt or develop exams in English Language Arts (ELA) for grades four and seven and at the end of English I and English II, instead of writing. The bill’s committee substitute would create a one-year pilot program to allow districts and charter schools to choose their own assessment instruments for writing and required to report their results. The fiscal note anticipates HB 3104 would save the state $7.5 million each year.

After listening to testimony on HB 3104, Chairman Huberty briefly paused to read a message from his son’s English teacher pointing out that the STAAR end-of-course assessment is approaching next week. The teacher reported students are stressed, even with her words of encouragement. Regardless of the test results, the teacher said, she’s proud at work they’ve done.

“The teachers are trying, but we’re not arming them with the ability to do their jobs,” Huberty concluded.

HB 3075 by Chairman Huberty would exclude students detained in a juvenile detention facility and educated by a public charter school from the computation of dropout and completion rates for charter school accountability purposes. Huberty explained public schools are already exempt, and HB 3075 would allow the same rule to apply to charters.

All of the above bills were left pending. The committee voted out a number of previously heard bills during a break in Tuesday’s testimony. Members unanimously approved the following:

  • HB 1645, which would allow students to get a varsity letter for participating in the Special Olympics.
  • HB 728, which would create an advanced computer science course to satisfy the third math or science credit.
  • HB 367, which would allow schools to assign a nonprofit to distribute leftover food to hungry students.
  • HB 878, which would allow districts to extend depository contracts for three additional two year terms as opposed to two, and to modify the contract for any extension.
  • HB 1270, which would allow excused absences for students to visit a military recruiting facility in the same way they are currently allowed to visit a college or university.
  • HB 264, which would update the information and public outreach materials for HB 5 passed by the 83rd Texas Legislature and extend the time period required for reporting.
  • HB 136, which would add CTE and workforce training to the mission of public education.
  • HB 357, which would allow the children of first responders eligible for Star of Texas awards to receive free prekindergarten services.

Those bills will next head to the Calendars Committee to await a date for consideration before the full Texas House of Representatives. Before adjourning, Huberty referred the following bills to the Subcommittee on Educator Quality: HB 1799, HB 1869, HB 1918, HB 2209, HB 3769 and SB 7.

Huberty reiterated his intent to vote on a substitute for HB 21 next week. The next meeting will feature a variety of bills, including more legislation affecting charter schools.

House subcommittee takes up educator quality bills

The House Public Education Subcommittee on Educator Quality held its first meeting on Monday. Chaired by state Rep. Ken King (R-Canadian), the committee includes Reps. Alma Allen (D-Houston), Harold Dutton (D-Houston), Morgan Meyer (R-Dallas) and Gary VanDeaver (R-New Boston). Present for Monday’s meeting, Reps. King, Meyer and VanDeaver considered a half dozen bills related to teachers.

HB 333 by Rep. Meyer addresses improper relationships between educators and students. Meyer’s bill expands the law to prohibit romantic relationships between a teacher and a student from anywhere in the state.

In the same vein, HB 218 by state Rep. Tony Dale (R-Cedar Park) increases the reporting requirements related to improper relationships between educators and students. Such incidents involve less than 0.1 percent of Texas teachers, but just one is too many. ATPE is committed to being a part of the solution and has worked with several lawmakers on legislation to address this issue.

Like similar bills, HB 218 prohibits romantic relationships between a teacher and a student from anywhere in the state. Administrators who fail to report alleged incidents of improper relationships would face a misdemeanor charge, which could be upgraded to a state jail felony if the administrator is found to have intentionally tried to conceal an alleged incident.

The bill would further require an educator to surrender their certification if they accept deferred adjudication for an improper relationship with a student. Schools would be required to have new hires sign a pre-employment affidavit disclosing any accusations, charges, or convictions for an improper relationship with a student, and employees who assist someone who has engaged in sexual misconduct with a minor with obtaining school employment could have their certificates suspended or revoked. The Texas Education Agency’s (TEA) subpoena power would be expanded to allow the commissioner to summon witnesses of alleged incidents of misconduct.

ATPE lobbyist Mark Wiggins testifies before House Public Education Subcommittee on Educator Quality

ATPE lobbyist Mark Wiggins testifies before House Public Education Subcommittee on Educator Quality

ATPE lobbyist Mark Wiggins testified on the bill, stating concern that the requirement to disclose potentially false accusations would have a chilling effect on the career prospects of unfairly accused educators.

Like most bills relating to improper relationships between educators and students, HB 218 would mandate continuing education in understanding appropriate relationships, boundaries, and communications between educators and students. It would also require districts to adopt written electronic communication policies designed to prevent improper communications between school employees and students.

HB 1469 by state Rep. Ernest Bailes (R-Coldspring) would allow open-enrollment charter schools to hire a teacher without a baccalaureate degree for a noncore academic career and technical education course if they have experience in the related field and receive at least 20 hours of classroom management training.

HB 972 by state Rep. Helen Giddings (D-DeSoto) would make it more difficult for districts to assign students to an uncertified teacher. ATPE supports this bill.

HB 816 by House Public Education Committee Vice-Chair Diego Bernal (D-San Antonio) would create a mentor program for new teachers in Texas. Texas has a history of successful, if short-lived, mentor programs that have reduced teacher attrition and improved student performance. Studies have shown up to half of educators leave the profession within the first five years, and teacher attrition costs Texas between $200 million and $500 million each year.

ATPE lobbyist Mark Wiggins testified in support of HB 816, pointing out the success of prior initiatives dating back to the 1990s. The Texas Beginning Educator Support System (TxBESS) was a $12 million pilot program launched in 1999, which provided support, training, assessment, and $400 per year stipends for roughly 2,000 program participants. Eighty-eight percent of teachers returned after the first year, well over the 81 percent state average for non-TxBESS teachers. After the second year, 98 percent of that cohort continued to teach. Principals reported TxBESS improved teacher performance, with minority teachers and high school teachers showing the most improvement. Funding for TxBESS expired in 2002.

In 2006, the Texas Legislature created the Beginning Teacher Induction and Mentoring (BTIM) program with an initial $15 million per year appropriation. Mentor teachers received up to $750 per year stipends, and districts reported 30 percent increases is new teacher retention. Funding for BTIM expired in 2012.

In 2013, the Texas Legislature commissioned a study on mentoring by the Teacher Mentoring Advisory Committee (MAC). The committee released its final report in 2015, and HB 816 seeks to implement its recommendations.

Bernal’s bill would allow schools to assign a veteran teacher to mentor a new teacher for at least two years, and receive a stipend and specialized mentorship training. Mentors would be required to meet with mentees at least once a week in order to discuss district context and policies, instructional practices, professional development, and expectations. Mentors and mentees would be guaranteed release time to facilitate mentoring activities, including classroom observation and coaching. According to the fiscal note, HB 816 would cost a modest $3 million over the next biennium in order to provide a $250 allotment for each of the 5,800 educators forecast to participate in the program. Bernal suggested the estimate was actually too low, and indicated he anticipates higher participation than the fiscal note assumed.

HB 1255 by state Rep. VanDeaver would remove the $450 cap on subsidized teacher training awarded under the Texas Advanced Placement Incentive Program. VanDeaver stated removing the cap could allow TEA to structure incentives to boost participation in underserved parts of the state. The bill carries a fiscal note indicating a cost of $2.3 million over the biennium. VanDeaver argued the estimate is inaccurate, since the bill would simply grant flexibility to spend existing funding, as opposed to mandating new funding. ATPE supports this bill.

All Monday’s bills were left pending.

House Public Education reviews grab bag of school bills

The House Public Education Committee met Tuesday to consider a score of bills touching a variety of subjects. Chairman Dan Huberty (R-Houston) began the hearing by referring the following bills to the Subcommittee on Educator Quality, chaired by Rep. Ken King (R-Canadian): HB 49, HB 218, HB 331, HB 333, HB 460, HB 816, HB 972, HB 1255, HB 1403, HB 1469 and HB 1485.

The day’s testimony began with HB 1291 by state Rep. Charlie Geren (R-Fort Worth), which would add “American principles” to the Texas Essential Knowledge and Skills (TEKS). The TEKS would include the study of the Founding Fathers of the United States, the Declaration of Independence, the United States Constitution, the Bill of Rights, and the Federalist Papers. ATPE supports this bill.

HB 639 by state Rep. Charles “Doc” Anderson (R-Waco) would authorize districts to obtain health benefit plan, liability or auto insurance for partner businesses and students participating in CTE programs. Anderson suggested insurance is important in the event of accidents related to CTE instruction.

HB 1645 by state Rep. J.M. Lozano (R-Kingsville) would require school districts that offer varsity letters to adopt a policy that allows students to earn a letter for participating in a Special Olympics event. ATPE supports this bill.

HB 69 by state Rep. Ryan Guillen (D-Rio Grande City) would require each school district and open-enrollment charter school to include in the Public Education Information Management System (PEIMS) report the number of children with disabilities residing in a residential facility who are required to be tracked by the Residential Facility Monitoring (RFM) System and are receiving educational services from the district or school.

HB 264 by state Rep. Ana Hernandez (D-Houston) would require TEA to continue until 2020 providing outreach materials to districts required under Section 28.015, Education Code, regarding public school curriculum changes under House Bill 5, which passed in 2013. The section includes explanations of the basic career and college readiness components of each endorsement, requirements to gain automatic college admission, and financial aid requirements for the TEXAS grant and the Texas Educational Opportunity Grant Program. The section is currently set to expire September 1, 2018.

HB 452 by state Rep. Joe Moody (D-El Paso) would require report cards to include the number of students in each class. ATPE supports this bill.

HB 728 by state Rep. Bobby Guerra (D-Mission) would create an advanced computer science program that would satisfy the curriculum requirements for a third math or science credit.

HB 1270 by state Rep. John Smithee (R-Amarillo) would allow schools to excuse student absences for the purpose of visiting a military recruitment center. A similar provision currently allows for excused absences to visit a college or university campus.

HB 136 by state Rep. Cecil Bell (R-Magnolia) would include a CTE objective under the public education objectives enumerated in Section 4.001(b), Education Code. The text would read, “Objective 11: The State Board of Education, the agency, and the commissioner shall assist school districts and charter schools in providing career and technology education and effective workforce training opportunities to students.”

HB 1389 by state Rep. Helen Giddings (D-Dallas) would include prekindergarten in the 22-student class size limit currently in effect for kindergarten through grade four. The bill would result in smaller class sizes for schools that are currently over the limit, but would not carry a significant fiscal impact to the state budget. ATPE supports this bill.

HB 710 by state Rep. Gene Wu (D-Houston) would extend free half-day prekindergarten to full-day for the same set of eligible students. Research has shown early childhood education improves student learning through the elementary grades, leading to improved educational outcomes overall. According to the fiscal note, the change would cost $1.6 billion over the 2018-2019 biennium. ATPE supports this bill.

HB 620 by state Rep. Jeff Leach (R-Plano) would allow districts the option of moving the school start date to the second Monday in August, up from the fourth, and require instruction time measured in minutes, as opposed to days. This would allow districts more flexibility in scheduling, provide additional time to prepare for first semester assessments, and allow for earlier summer release. No fiscal impact to the state is anticipated. ATPE lobbyist Monty Exter testified in support of the bill, pointing out that current restrictions can be burdensome when it comes to predictably and adequately allocating instruction time.

HB 729 by state Rep. Dwayne Bohac (R-Houston) would integrate character traits instruction into the TEKS, and require a center for education research to study the effects of character traits instruction on student attendance and disciplinary problems. Bohac suggested emphasizing positive character traits would improve school performance overall. ATPE lobbyist Monty Exter testified in favor of the bill, noting that statewide standards would eliminate the patchwork implementation of character traits instruction.

HB 404 by state Rep. Rafael Anchia (D-Dallas) would create higher education curriculum review teams charged with reviewing changes to the TEKS. Currently, the State Board of Education (SBOE) appoints TEKS review committees composed largely of K-12 teachers, as well as up to seven “experts” as defined by board rules. This bill would define a process and expert panel with at least five years of higher education teaching experience in the relevant subject or a doctorate in education. The panel would be selected the Higher Education Coordinating Board and higher education commissioner, which would insulate the experts from the appearance of political influence. The bill would also protect the panel’s recommendations by setting a two-thirds vote threshold for SBOE.

Rep. Anchia described the bill as “a work in progress.” ATPE lobbyist Mark Wiggins testified in favor of the bill, and advocated for ensuring that K-12 educators have a meaningful impact on the process as well. Recently, SBOE has taken steps to improve its TEKS review process, and ATPE supports a collaborative effort to codify improvements in statute in order to ensure the success of future reviews.

HB 539 by state Rep. Gary VanDeaver (R-New Boston) would allow the children of military service members to enroll full-time in the state virtual school network. According to TEA, roughly 12,000 students, about 0.3 percent of the state’s total enrollment, are currently enrolled in the virtual school network. Approximately 63,500 military dependents are enrolled in grades three through twelve. The Legislative Budget Board assumes 0.5 percent, or 318 students, would enroll in the virtual school network. Based on that, the fiscal note assumes the change would cost an additional $5.3 million – which Chairman Huberty and Rep. Morgan Meyer (R-Highland Park) disputed, suggesting the expense was overstated.

HB 367 by Vice-Chairman Diego Bernal (D-San Antonio) would expressly allow schools to donate surplus unserved cafeteria food to hungry children on campus through a third-party non-profit. Some schools already do this, but this bill would guarantee that right in statute and give rulemaking authority to the commissioner of education. No significant fiscal implication to the state is anticipated.

HB 357 by Chairman Huberty would extend free prekindergarten eligibility to the children of anyone eligible for the Star of Texas Award for police, firefighters and emergency medical first responders killed or seriously injured in the line of duty. According to the fiscal note, no significant impact on the budget is expected. ATPE supports this bill.

All those bills were left pending.

The board unanimously approved HB 223 by state Rep. Donna Howard (D-Austin), which would provide districts the option of providing childcare services or assistance with childcare expenses to students at risk of dropping out through the existing compensatory education allotment. Since the allotment provides a set amount of funding, the change would not fiscally impact the state. The bill will head to the House floor next.

The committee also resumed consideration of HB 21, House leadership’s priority school finance bill that would add $1.6 billion to public education. Huberty warned that without HB 21, the budget would effectively fund $140 less per pupil and there would be no plan for dealing with the expiration of ASATR.

Noting he has had numerous meetings with stakeholders, Huberty suggested hardship grants for districts losing ASATR could be stair-stepped. Additional transportation funding could be capped at five percent of the total spend, Chapter 41 districts at 15 percent and ASATR at 80 percent, or $100 million in 2018 and $60 million in 2019. Discussing whether lawmakers should offer more or less flexibility regarding grant fund allocation, TEA recommended erring on the side of being more prescriptive in order to provide clear direction.

For the 327 school districts whose property taxes are maxed out at $1.17, the committee entertained testimony suggesting raising the yield on “copper pennies.” It’s important to note that the more the state spends on public education in general, the less school districts will be forced to rely on local homeowners for funding. In other words, real property tax relief – not the bumper sticker kind, but meaningful relief – begins with putting more state money into public education.

Concluding the hearing, Chairman Huberty signaled his intent to vote on a committee substitute at next Tuesday’s hearing. That meeting will focus on bills dealing with public school accountability, including “A though F.”

Texas House committee begins school finance discussion

The House Public Education Committee met Tuesday to discuss school finance legislation, including the House’s priority school finance bill announced Monday by Chairman Dan Huberty (R-Houston). Underscoring the issue’s importance to the House, Speaker Joe Straus (R-San Antonio) greeted committee members shortly before the hearing began.

Speaker Joe Straus (R-San Antonio) expresses support to House Public Education Committee members taking up priority school finance legislation

Speaker Joe Straus (R-San Antonio) expresses support to House Public Education Committee members taking up priority school finance legislation

Unveiled Monday, House Bill 21 would be funded by a budget rider that would allow the basic allotment to be increased to $5,350 from $5,140 per student. The bill is anticipated to create new transportation funding at $125 per student through the basic allotment that would be open to recapture districts. HB 21 would roll both the high school allotment and the additional state aid for non-professional staff into the basic allotment. The bill would lower recapture by approximately $163 million in 2018 and $192 million in 2019, and create a hardship grant to assist districts that will lose money once ASATR expires. Additionally, HB 21 would add a 0.1 weight for students with dyslexia and repeal a hold harmless for districts identified as Chapter 41 in 1993. Model runs were posted Monday for 2018 and 2019.

With a fiscal note of $1.6 billion over the biennium, Huberty described the bill Tuesday as a “big lift.” If passed, it would mark the first time in decades that the Texas Legislature meaningfully addressed the school finance system without the threat of a court order.

Seven other bills were slated for hearing before HB 21. The first, HB 223 by state Rep. Donna Howard (D-Austin), would provide districts the option of providing childcare services or assistance with childcare expenses to students at risk of dropping out through the existing compensatory education allotment. Since the allotment provides a set amount of funding, the change would not fiscally impact the state.

HB 1245 by state Rep. Philip Cortez (D-San Antonio) would allow students to take CTE courses beginning in the eighth grade. By extending weighted funding to the middle school level from the high school level, the bill carries a fiscal note estimating expenses to the state of $39.7 million in 2018 and $50.6 million in 2019.

HB 395 by state Rep. Cecil Bell (R-Magnolia) would include technology applications courses, such as computer science, in weighted funding for CTE courses. The bill as filed carries a fiscal note of $21 million in 2018 and $23.7 million in 2019, but Bell suggested the committee substitute delaying implementation could result in no fiscal impact in 2018. Supporters testified the inclusion would eliminate confusion and provide districts slightly more room and flexibility in their budgeting.

HB 186 by vice-chair Diego Bernal (D-San Antonio) would order the Texas Education Agency (TEA) to conduct a study regarding the costs of educating educationally disadvantaged students and students of limited English proficiency. The study would determine whether the compensatory allotment and bilingual education allotment provide adequate funding to accomplish their intended purposes, and if not, how much additional funding is needed. Bernal argued Tuesday that the weights for each have not been adjusted since the 1980s, and achievement gaps remain between 18 percent and 27 percent.

ATPE lobbyist Monty Exter testified in support of the bill, citing research confirming the importance of investing adequate resources in order to achieve the best educational outcomes for both groups. ATPE expressed a desire to work with the committee to take steps toward increasing the weights this session.

HB 587 by state Rep. Dwayne Bohac (R-Houston) would create a new technology applications course allotment weighted at the same 1.35 multiplier as the CTE allotment. The bill is aimed to accomplish the same goal as HB 395 by Bell, and carries a similar fiscal note estimating a cost of $44.7 million over the biennium.

HB 883 by state Rep. Ken King (R-Canadian) would raise the adjusted basic allotment multiplier for CTE to 1.60 from 1.35. King explained funding has not caught up with expanded options for CTE courses and increasing technology expenses. According to the fiscal note, the change would cost the state an estimated $950 million over the biennium.

Huberty laid out HB 21 with a reference to the recent school finance lawsuit that reached the Texas Supreme Court, which upheld the current system despite heavily criticizing it. Regardless of the lawsuit, Huberty said, “Texans know that now is the time to help our students.”

After years of roughly splitting the cost of public education with local taxpayers, the state’s share of funding has dropped precipitously in recent years, and will sink to 39 percent in 2019 if nothing is done. Legislative budget writers have taken advantage of rising property values to decrease state spending. That means local taxpayers have shouldered an increasingly outsized share of the burden through increasingly burdensome property taxes.

Huberty explained HB 21 will reduce the need for higher property taxes and begin to reduce the amount of money taxpayers have to send away for recapture. The chairman described the hardship provision grant as a “glidepath” for districts that will lose ASATR funding. The grant would be capped at $100 million per school year for the state.

“We can’t fix the entire school finance system this year, but we can start trying,” Huberty said.

ATPE lobbyist Monty Exter testified in support of HB 21, emphasizing it is a “first step” in a more sweeping reform. ATPE advocated in favor of including language to study the weights, as well as increasing support for educators, particularly in terms of health care. ATPE recommended finding ways to increase funding for some of the larger statewide programs established in statute, such as pre-K and bilingual education, and cautioned against potential unintended consequences stemming from the changes to transportation funding.

After hearing several hours of testimony, Huberty notified the committee his intention to take the day’s recommendations under advisement and present a committee substitute at next week’s hearing, at which point HB 21 could be taken up for a vote.

The last bill of the day focused on extending ASATR. With ASATR scheduled to expire this year, HB 811 by King (R-Canadian) would extend ASATR through 2021 at an estimated cost of $402 million over the next two years. The funding would benefit some 160 school districts that continue to receive varying levels of funding, many of which warn of serious financial problems once the funding runs out.

All bills were left pending. The committee will resume discussion of school finance and other bills next Tuesday, when possible action is expected.