Category Archives: House Public Education Committee

House committee wraps up hearings with educator prep bill

The House Public Education Committee met Thursday morning for the last public meeting of the legislative session. Saturday is the deadline for House committees to report Senate bills (SBs), which means any SBs that are not considered and voted out of the committee by then are procedurally dead.

ATPE member Stephanie Stoebe testifies before the House Public Education Committee, May 18, 2017.

ATPE member Stephanie Stoebe testifies before the House Public Education Committee, May 18, 2017.

The committee also voted out the following bills:

  • SB 1005, which would allow the use of the SAT or the ACT as a secondary exit-level assessment instrument to allow certain public school students to receive a high school diploma.
  • SB 1122, which would create a mechanism to abolish Dallas County Schools. State Reps. Alma Allen (D-Houston) and Joe Deshotel (D-Beaumont) voted against the bill.
  • SB 1353, which would put in place a process for dealing with the facilities of certain annexed districts.
  • SB 1483, which would establish a grant program to implement a technology lending program to provide students with electronic instructional materials.
  • SB 1658, which would make changes to laws regarding the ownership, sale, lease, and disposition of property and management of assets of an open-enrollment charter school.
  • CSSB 2131, which would add requirements to counseling regarding postsecondary education, encouraging a focus on dual credit programs.
  • SB 1963, which would allow non-classroom teacher certification observations to be held on the candidate site or through video technology. Vice-chair Diego Bernal (D-San Antonio) voted against the bill.
  • SB 2144, which would create a commission to recommend improvements to the public school finance system.

SB 1786, which would prohibit charter school employees from unionizing, failed on a vote of five to four. Reps. Bernal, Allen, Deshotel, and Lance Gooden (R-Terrell) voted against the bill.

The first bill heard Thursday was SB 2095 by state Sen. Bob Hall (R-Edgewood), which would change the regulation of UIL students who may have been prescribed medical steroids because of a medical condition. The bill would allow the league to ban a student who is undergoing steroid treatment if the league believes there is a safety or fairness issue. Critics of this bill argue it targets LGBTQ students.

SB 1981 by state Sen. Charles Schwertner (R-Georgetown) would set in statute rules regarding how the University Interscholastic League (UIL) selects locations for statewide competitions. The bill would order UIL to periodically issue a statewide request for proposals from institutions of higher education and other appropriate entities seeking to host statewide competitions.

SB 801 by state Sen. Kel Seliger (R-Amarillo) would add a requirement that textbooks approved by the State Board of Education (SBOE) are “suitable for the subject and grade level” and “reviewed by academic experts in the subject and grade level.”

SB 1177 by state Sen. Bryan Hughes (R-Mineola) would expand the statute providing the ability of juvenile correctional or residential facilities to be granted a charter to include entities that contract with a juvenile correctional or residential facility.

SB 1659 by Senate Education Committee Chairman Larry Taylor (R-Friendswood) would allow the TEA commissioner to accept gifts, grants, or donation on behalf of the public school system and use them the way the commissioner sees fit. SB 1659 would allow the commissioner to transfer funds from the Charter School Liquidation Fund to a competitive grant program to promote “high-quality educational programs” and authorize the commissioner to establish rules to ensure that schools are in compliance with state funded grants. According to the fiscal note, SB 1659 could cost $12.3 million per biennium, but may be paid for through donations.

CSSB 1278 also by Chairman Larry Taylor would significantly reduce the standards for new teacher certification, and ATPE opposes the bill. First, SB 1278 would limit the number of in-person support visits to teacher candidates during their clinical training. This would reduce the opportunities to coach candidates in the best instructional methods and to provide feedback and support that is immediate, which ATPE members share is the most meaningful to their preparation and development. While virtual observations can be valuable as supplemental training tools, they should not be viewed as a substitute for in-person training and mentorship.

The bill would also differentiate among candidates training to teach in shortage areas by lowering the accountability standard for educator preparation programs that teach these students. Exhaustive research has been done on addressing teacher shortages around the nation, and multiple studies have identified high-quality preparation and induction as key factors in retaining educators.

ATPE member and 2012 Secondary Teacher of the Year Stephanie Stoebe testified against SB 1278 this morning, noting that rigorous teacher preparation programs are critical to ensuring high quality educators are in the classroom. We must ensure that all Texas educators receive strong preparation, meet quality certification standards, and are prepared by programs held to high accountability standards. This is especially true in the fields identified as areas of teacher shortage, which include special education, bilingual education, math, science, and computer science. According to the fiscal note, SB 1278 would cost roughly $631,000 through the biennium ending August 31, 2019.

House Public Education advances another round of SBs

The House Public Education Committee met for a formal hearing after Wednesday’s floor session in order to advance a number of Senate bills. The committee approved the following items Wednesday evening:

  • SB 195, which would allow additional transportation allotment funding to districts with children living within the two mile zone who are at a high risk of violence if they walk to school.
  • SB 196, which would require parental notification when a campus lacks a nurse, school counselor, or librarian.
  • SB 384, which would give the State Board of Education (SBOE) flexibility in scheduling end-of-course exams to avoid conflicts with AP/IB national tests.
  • SB 490, which would require a report on the number of school counselors at each campus.
  • CSSB 1398, which makes lots of clarifying and limiting changes to the classroom video camera law. Among them, the bill would require requests in writing and only require equipment in classrooms or settings in which the child is in regular attendance or to which the staff member is assigned.
  • SB 1484, which would create a web portal and instructional materials repository to assist schools in selecting open education resources. The bill provides for a third party to provide independent analysis regarding TEKS alignment.
  • SB 1566, which would hand broad powers to local school boards to compel the testimony of district officials and obtain district documents.  Vice-chair Diego Bernal (D-San Antonio) voted against the bill.
  • CSSB 1660, which would allow districts to choose between using either minutes or days to calculate operation.
  • SB 1784, which would encourage the use of “open-source instructional materials.”
  • CSSB 1839, which would create a certification for early childhood through grade three, and would grant the commissioner authority to set reciprocity rules regarding the ability of teachers from outside the state to obtain a certificate in Texas.
  • SB 1854, which would require district-level committees to review paperwork requirements annually and recommend to the board of trustees instructional tasks that can be transferred to non-instructional staff.
  • SB 1873, which would require a report on physical education provided by each school district.
  • SB 2039, which would develop instructional modules and training for public schools on the prevention of sexual abuse and sex trafficking.
  • SB 2188, which would specify that a student who is 18 or older in an off home campus instructional arrangement is a full-time student if they receive 20 hours of contact a week. Part-time would be defined as between 10 and 20 contact hours per week.
  • SB 2270, which would create a pilot program in ESC Region 1 to provide additional pre-K funding for low-income students.
  • SB 2078, which would require TEA develop a model multi-hazard emergency operations plan and create a cycle of review.

The committee is scheduled to meet Thursday morning to consider a handful of remaining Senate bills.

Graduation committees advance in House hearing

The House Public Education Committee met Tuesday morning to consider a large agenda of Senate bills as the session winds down. The committee also approved the following bills Tuesday evening:

  • CSSB 463, which was heard earlier in the day. The bill would extend individual graduation committees (IGCs) through 2019.
  • SB 436, the Senate companion to HB 4226, which would require meetings of the Special Education Continuing Advisory Committee to be conducted in compliance with open meetings laws.
  • CSSB 529, the Senate companion to HB 2209, which would incorporate “universal design for learning” into the required training for all classroom teachers.
  • SB 585, the Senate companion to HB 545, which would require principals to allow “patriotic societies” such as Boy Scouts to speak to students about membership at the beginning of the school year.
  • SB 748, the Senate companion to HB 4027, which would add additional guidelines to the transition plan for special education students preparing to leave the public school system.
  • CSSB 1481, the Senate companion to HB 4140, which would rename the instructional materials allotment (IMA) the “instructional materials and technology allotment” and require districts to consider “open education resources” before purchasing instructional materials.
  • SB 1942, the Senate companion to HB 1692, which would allow a licensed handgun owner to store a firearm in a vehicle parked in the parking lot of a public school, open-enrollment charter school or private school. State Reps. Alma Allen (D-Houston) and Joe Deshotel (D-Beaumont) voted against the bill.
  • SB 2080, the Senate companion to HB 69, which 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.

The meeting began with SB 1566 by state Sen. Lois Kolkhorst (R-Brenham), which would hand broad powers to local school boards to compel the testimony of district officials and obtain district documents. It would also require the Texas Education Agency (TEA) develop a website for boards to review campus and district academic achievement data.

House Public Education Committee meeting May 16, 2017.

House Public Education Committee meeting May 16, 2017.

SB 2131 by state Sen. Royce West (D-Dallas) would add requirements to counseling regarding postsecondary education, encouraging a focus on dual credit programs. ATPE supports this bill.

SB 1294 by state Sen. Dawn Buckingham (R-Lakeway) would prohibit “exclusive consultation,” ensuring that educators on campus-level advisory committees do not all belong to a single professional association. ATPE supports this bill.

SB 1660 by Sen. Taylor would allow districts to choose between using either minutes or days to calculate operation. According to the fiscal note, SB 1660 could cost the state $1.7 million through the biennium ending August 31, 2019.

SB 195 by state Sen. Sylvia Garcia (D-Houston) would allow additional transportation allotment funding to districts with children living within the two mile zone who are at a high risk of violence if they walk to school. In the fiscal note, the Legislative Budget Board indicated that there is insufficient data regarding the number of students who are at risk of violence to be able to calculate a fiscal impact. ATPE supports this bill.

SB 1854 by state Sen. Carlos Uresti (D-San Antonio) would require district-level committees to review paperwork requirements annually and recommend to the board of trustees instructional tasks that can be transferred to non-instructional staff. ATPE supports this bill.

SB 384 by state Sen. Konni Burton (R-Colleyville) would give the State Board of Education (SBOE) flexibility in scheduling end-of-course exams to avoid conflicts with AP/IB national tests.

SB 1883 by Sen. Campbell would modify the approval process for charter applicants and the review of charter operators. ATPE opposes the bill because the removal of elected officials from the charter school process is irresponsible. Adding unnecessary new appeal and review opportunities for charters only creates administrative bloat.

SB 1005 by state Sen. Donna Campbell (R-New Braunfels) would allow the use of the SAT or the ACT as a secondary exit-level assessment instrument to allow certain public school students to receive a high school diploma. The fiscal note estimates an annual cost of $2 million per year.

SB 1839 by state Sen. Bryan Hughes (R-Mineola) would create a certification for early childhood through grade three, and would grant the commissioner authority to set reciprocity rules regarding the ability of teachers from outside the state to obtain a certificate in Texas. ATPE believes that the State Board for Educator Certification (SBEC), as the official state body charged with the oversight of educator standards, is the more appropriate authority to set these rules.

SB 2270 by Sen. Lucio would create a pilot program in ESC Region 1 to provide additional pre-K funding for low-income students.

SB 1784 by Sen. Taylor would encourage the use of “open-source instructional materials.”

SB 2188 by Sen. Taylor would specify that a student who is 18 or older in an off home campus instructional arrangement is a full-time student if they receive 20 hours of contact a week. Part-time would be defined as between 10 and 20 contact hours per week. According to the fiscal note, SB 2188 would cost roughly $7 million through the next biennium. ATPE supports this bill.

SB 463 by state Sen. Kel Seliger (R-Amarillo) would extend individual graduation committees (IGCs) to 2019 and order the Texas Higher Education Coordinating Board to compile a report tracking the progress of IGC graduates. ATPE supports this bill.

SB 2039 by state Sen. Judith Zaffirini (D-Laredo) would develop instructional modules and training for public schools on the prevention of sexual abuse and sex trafficking. ATPE supports this bill.

SB 1483 by Sen. Taylor would establish a grant program to implement a technology lending program to provide students with electronic instructional materials. The program would be funded through instructional materials fund. The fiscal note anticipates no additional cost, but indicated the commissioner could use up to $25 million of existing funds from the instructional materials fund each biennium.

SB 1398 by Sen. Lucio makes lots of clarifying and limiting changes to the classroom video camera law. Among them, the bill would require requests in writing and only require equipment in classrooms or settings in which the child is in regular attendance or to which the staff member is assigned.

SB 1122 by state Sen. Donald Huffines (R-Dallas) would create a mechanism to abolish Dallas County Schools, one of two remaining county school districts in the state, which primarily provides transportation services to multiple independent school districts in the Dallas area.

SB 1886 by state Sen. Paul Bettencourt (R-Houston) would create an office of the inspector general at TEA appointed by the commissioner to prevent and detect criminal activity in districts, charter schools, and education service centers (ESCs). The bill would allow the new TEA inspector general to issue subpoenas in order to secure evidence.

SB 490 by state Sen. Eddie Lucio, Jr. (D-Brownsville) would require a report on the number of school counselors at each campus. ATPE supports this bill.

SB 1484 by Sen. Taylor would create a web portal and instructional materials repository to assist schools in selecting open education resources. The bill provides for a third party to provide independent analysis regarding TEKS alignment. According to the fiscal note, SB 1484 would not require additional state funding, but would result in an additional cost of $1.85 million in fiscal year 2018 and $450,000 in subsequent years that would be paid from existing instructional materials funding.

SB 1658 by Sen. Taylor would make changes to laws regarding the ownership, sale, lease, and disposition of property and management of assets of an open-enrollment charter school.

SB 2078 by Sen. Taylor would require TEA develop a model multi-hazard emergency operations plan and create a cycle of review. The fiscal note anticipates a fiscal impact of roughly $215,000 per year.

SB 2144 by Sen. Taylor would create a commission to recommend improvements to the public school finance system. ATPE supports this bill.

House continues clearing out Senate education bills

House Public Education Committee meeting May 11, 2017.

House Public Education Committee meeting May 11, 2017.

The House Public Education Committee advanced another raft of Senate bills while the House was in session Thursday afternoon. The committee approved the following measures today:

  • SB 1837, the Senate companion to HB 3231, which would exempt charters operated by a public senior college or university from being assigned a financial accountability rating under Section 39.082(e)
  • SB 489, the Senate companion to HB 3684, would add instruction to prevent the use of e-cigarettes to the tobacco prevention section of the duties of the local school health advisory committee.
  • SB 601, which would allow charter schools to be exempt from paying municipal drainage fees. State Rep. Harold Dutton (D-Houston) voted against the bill.
  • CSSB 725, the Senate companion to HB 367, which would expressly allow schools to donate surplus unserved cafeteria food to hungry children on campus through a third-party non-profit. A committee substitute included language from a “food shaming” bill by state Rep. Helen Giddings (D-DeSoto) that was pulled from the local calendar on Wednesday.
  • SB 754, the Senate companion to 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.
  • SB 1051, which would create a driver education course for the deaf or hard of hearing and create a fee for the course.
  • SB 1152, which would create an excused absence for a student to pursue enlistment in the armed services or the Texas National Guard, similar to the way in which students may currently be excused to visit a college or university.
  • SB 1153, which would guarantee a parent’s right to information regarding intervention strategies for children with learning difficulties.
  • SB 1318, the Senate companion to HB 2014, which 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.

Members met again Thursday evening to pass SB 22, which would replace the current tech-prep program with a Pathways in Technology Early College High School (P-TECH) program.

The committee is next expected to meet on Tuesday, but Chairman Dan Huberty (R-Houston) told members to expect more formal meetings to vote on individual bills.

House Public Education shifts focus to Senate bills

The House Public Education Committee met Tuesday morning to consider a handful of Senate bills. Monday was the deadline for House committees to refer House bills, so the committee is limited to considering Senate bills for the remainder of session.

House Public Education Committee meeting May 9, 2017.

House Public Education Committee meeting May 9, 2017.

The hearing began with SB 1051 by state Sen. Kirk Watson (D-Austin), which would create a driver education course for the deaf or hard of hearing and create a fee for the course.

SB 1152 by state Sen. Jose Menéndez (D-San Antonio) would create an excused absence for a student to pursue enlistment in the armed services or the Texas National Guard, similar to the way in which students may currently be excused to visit a college or university. The bill is similar to HB 1270, which the committee approved in March.

SB 725 by state Sen. Borris Miles (D-Houston) would expressly allow schools to donate surplus unserved cafeteria food to hungry children on campus through a third-party non-profit. This is the Senate companion to HB 367 by Vice-chair Diego Bernal (D-San Antonio), which was approved by the committee in March and passed by the full House in April.

SB 601 by state Sen. Donna Campbell (R-New Braunfels) would allow charter schools to be exempt from paying municipal drainage fees. The state, counties, municipalities, and school districts are exempt under current law.

SB 1153 by Sen. Menéndez would guarantee a parent’s right to information regarding intervention strategies for children with learning difficulties.

SB 1166 by state Sen. Paul Bettencourt (R-Houston) would subject the Harris County Department of Education to sunset review as if it were a state agency. State Rep. Alma Allen (D-Houston) praised the department’s progress and expressed concern that the bill would open HCDE to the possibility of being shut down. Rep. Allen asked members to oppose the bill. Chairman Dan Huberty (R-Houston) noted that Dallas County Schools is also subject to the sunset process, and encouraged members of the committee to engage in a healthy discussion on the topic.

House Public Education advances Senate companion bills

The House Public Education Committee met during a noon recess Monday to vote on a pair of House bills and several Senate bills that are identical to House bills the committee has already passed. The committee unanimously approved the following:

  • CSHB 4226 by state Rep. Tomas Uresti (D-San Antonio), which would require meetings of the Special Education Continuing Advisory Committee to be conducted in compliance with open meetings laws. Iw would also order the committee to develop a policy to encourage public participation with the committee.
  • HB 1033, which 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). 
  • CSSB 179, the Senate companion to HB 306, the anti-cyberbullying bill. A committee substitute removed significant portions of the bill, including language that would have criminalized cyberbullying and would have prohibited bullying outside of school related activities.
  • SB 276, the Senate companion to 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. 
  • CSSB 587, the Senate companion to HB 539, which would allow the children of military service members to enroll full-time in the state virtual school network. 
  • SB 1404, the Senate companion to HB 2806, which would require school districts and open-enrollment charter schools to report to PEIMS the number and percentage of students enrolled in voluntary after-school and summer programs, along with the number of campuses that offer such programs.
  • SB 1634, the Senate companion to 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. 
  • SB 1882, the Senate companion to HB 3439, which would allow school districts to contract with a charter to operate a district campus and share teachers, facilities or resources. 
  • SB 1901, the Senate companion to HB 3381, which would order the governor to designate a Texas Military Heroes Day in public schools.

Monday is the final deadline for House committees to report House bills, which means any House bills that remain pending after Monday are procedurally dead. The committee is scheduled to meet 8:00 a.m. Tuesday to hear testimony on five Senate bills.

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.