Category Archives: Payroll deduction

Teach the Vote’s Week in Review: Feb. 17, 2017

The weekend is here, and it’s time for your wrap-up of education news from ATPE:

 


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ATPE members were at the State Capitol Monday morning to express opposition to Senate Bill 13, an anti-educator bill aimed at weakening educator associations by doing away with payroll deduction options for certain public employees who join associations or unions.

This week, the Senate State Affairs Committee approved Senate Bill (SB) 13 by Sen. Joan Huffman (R-Houston), who is also that committee’s chairwoman. The bill aims to prevent educators and a handful of other public employees from using payroll deduction for their voluntary association dues, a longstanding practice that costs taxpayers nothing.

Huffman’s bill carves out a special exemption for fire, police, and EMS employees, allowing them to continuing using payroll deduction for their dues. That decision to favor some public employees over others is not sitting well with many public servants both in and out of the bill, as well as several of the legislators being asked to act upon the issue this session.

FU5A8751_SB13hearingDozens of ATPE members traveled to Austin on Monday, Feb. 13, to attend and testify at the SB 13 hearing. Read more about their testimony in this blog post by ATPE Governmental Relations Director Jennifer Canaday from earlier this week. The pleas by educators and others were not enough to stop the committee from moving the bill forward, which happened yesterday on a party line vote. For more on this high-profile battle over public employee associations and unions, check out today’s column by Ross Ramsey, Executive Editor of the Texas Tribune, which is also republished here on Teach the Vote.

As Ramsey notes, the debate over SB 13 “isn’t about the paychecks. It’s about the politics.” ATPE agrees, and points out that political motives driving this bill aren’t even necessarily union-focused, especially since the bill creates exceptions for some union members. Backers of SB 13 say they are targeting the groups they perceive to be opponents of Republican candidates and supporters of state and federal legislation that would hurt businesses. In reality though, the largest group affected by the bill is ATPE – a non-union entity that exists only in Texas and gets no money from national or out-of-state affiliates. Furthermore, as ATPE members and lobbyists have pointed out in testimony and one-on-one discussions with lawmakers, our organization has not involved itself in business-related legislation and has always made bipartisan contributions to candidates and officeholders through our political action committee, which is not in any way funded with dues dollars.

If, as Ramsey describes it, the SB 13 debate boils down to picking “good eggs and bad eggs,” it is becoming abundantly clear that in the minds of many lawmakers and business groups, educators are the bad eggs.

 


ThinkstockPhotos-162674067-pillsThe 85th Legislature is considering some dramatic changes to healthcare options for educators. ATPE Lobbyist Monty Exter has written an analysis of a bill that would result in a major restructuring of TRS-ActiveCare, the primary healthcare program for actively employed educators in Texas. Read more about Senate Bill 789 and the changes being considered in this blog post.

 


The Texas Education Agency (TEA) wants to hear from educators about potential changes to educator certification, particularly for teachers of early childhood students. We invite educators to take TEA’s survey between now and Feb. 24, especially if you teach in an elementary grade and might be affected by these changes under consideration. Learn more about the background of the issue and find a survey link in ATPE Lobbyist Kate Kuhlmann’s blog post.

 


tea-logo-header-2School districts and charter schools around Texas received notice of their 2016-17 accreditation status from the Texas Education Agency (TEA). Factors that count toward a determination of accreditation status include academic and financial accountability ratings, program effectiveness, and compliance with education laws and rules. Nearly all (98%) of the state’s school districts received a fully “Accredited” status. Nine districts or charters were “Accredited-Warned,” seven received an “Accredited-Probation” status, two were marked as “Not Accredited-Revoked,” and one district is still “Pending.” Learn more from TEA here.

 


Stay tuned to Teach the Vote and follow us on Twitter for updates on legislative developments next week. ATPE members are also urged to visit Advocacy Central to learn more about specific bills and send messages to their lawmakers about priority issues like payroll deduction, private school vouchers, testing, healthcare, and more.

From The Texas Tribune: Analysis: A window into who Texas legislators’ favorite employees are

Lawmakers want to stop deducting dues for union and non-union employee associations from state paychecks — but only for the employees they disagree with. 

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State Sen. Joan Huffman, R-Houston, the chairwoman of the Senate State Affairs Committee, listened to testimony during a Sept. 14, 2016, committee meeting. Photo: Marjorie Kamys Cotera

The union dues bill is a great example of the difference between an ideological piece of legislation and a case of lawmakers just picking favorites.

Texas allows state and government employees to deduct the dues for their unions and employee association from their paychecks — an automatic payment that improves collections and retains members for those groups and that saves the employees the trouble of writing checks or sending payments every month. It doesn’t cost the state anything; the groups that benefit pay the processing costs.

The governor had a line about stopping the practice in his state of the state speech a few weeks ago. The lieutenant governor put Sen. Joan Huffman’s legislation against the practice on his list of priorities, giving it a low number — Senate Bill 13 — and a fast ride through the process. The Senate State Affairs Committee voted it out on Thursday. The full Senate will get the next look. Two years ago, similar legislation passed in the Senate and then died in the House at the end of session.

Republicans like the bill, and it’s not hard to figure out why. It zings teacher and trade unions that often favor Democrats, and it’s a crowd-pleaser for conservative audiences. Groups like the Texas branch of the National Federation of Independent Business favor the legislation, too, saying the dues checkoff enables their legislative foes and has no public purpose.

Legislators are selective in their scorn: Some public employees are easier to kick than others.

But the bill wouldn’t end the practice of allowing public employees to pay their dues automatically through a payroll deduction — a detail that undermines the argument that this is about unburdening state and local payroll clerks.

Like the legislation that failed two years ago, Huffman’s bill would allow police, fire and emergency responders to keep their payroll deductions in place. Teachers would be cut out, as would prison guards, social workers and other public employees.

Legislators are selective in their scorn: Some public employees are easier to kick than others.

Lawmakers who don’t think the state ought to be collecting dues for employee unions and associations would be voting to end the practice. On the other hand, if you just want to bust unions and associations that tend to vote for the other party, outlaw it for them but leave your own supporters alone.

It’s a modern spoils bill, rewarding public employees thought to support the people in charge and punishing dissenters.

State law already prevents payroll deductions for political purposes — the union and non-union associations collecting these dues can’t use that money for the political action committees or for other political expenses. But the groups frankly admit that without the automatic payments, they’d lose some members. They like painless payments for the same reason streaming media companies and other subscription services like them: If people don’t have to write checks or consider payments every month, they’re more like to remain enrolled.

The debate is coming earlier in the session this time around, increasing chances that lawmakers will hear a full argument on the merits before the end of the session.

The exceptions could be the most interesting part of the fight. Instead of a straight-up argument over whether and when public workers should be allowed to sign up for payroll deductions for this or that, this is shaping up as a debate over which public workers should have the privilege — a debate over good eggs and bad eggs.

All lawmakers like first responders and want to be seen as supporting them. They all love education but some of them don’t like teachers, especially when they form groups that lobby on their behalf. Lots of lawmakers have remarkably low regard for their own employees, the workforce they deride as the bureaucracy.

When the session is over, voters will have a good look at how those groups rank with their lawmakers. Even if the dues bill passes, Texas will still have payroll deductions for union and non-union employee groups — but only for the groups that have found favor with or that are feared by the people in elected state office.

This isn’t about the paychecks. It’s about the politics.

 

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2017/02/17/analysis-window-who-texas-legislators-favorite-employees-are/.
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The Texas Tribune is a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.

Senate committee hears from dozens opposed to payroll deduction bill

On Monday, Feb. 13, the Senate Committee on State Affairs, chaired by Sen. Joan Huffman (R-Houston), conducted a public hearing on Senate Bill (SB) 13, Huffman’s own bill to eliminate the rights of some public employees to use payroll deduction for voluntary association dues. Dozens of ATPE members traveled to Austin to attend the hearing. Among the many witnesses who testified against SB 13 were ATPE Executive Director Gary Godsey, State President Julleen Bottoms, State Vice President Carl Garner, State Secretary Byron Hildebrand, and State Treasurer Tonja Grey.

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Early in the hearing, Sen. Craig Estes (R-Wichita Falls) questioned the bill’s author on why she chose to file a bill that would prohibit payroll deduction by some public employees (such as educators, correctional officers, and CPS workers) while exempting fire, police, and EMS employees from the prohibition. ”I just think it’s problematic to say this group of people does it this way and this group of people does it that way,” Sen. Estes said, noting that he would prefer to see a bill without an exception for first responders that would apply equally to all public employees. “Why?” Estes asked the bill’s author about the discriminatory impact of her bill.

 

In response to the questions from Estes and her other fellow senators, Chairwoman Huffman explained that she was comfortable excluding law enforcement and emergency personnel from the bill because they “serve the community… with great honor and distinction.” Huffman added that groups representing first responders don’t interfere with “business issues,” which was a complaint raised by a pair of business lobbyists who testified against SB 13.

It is not clear what type of “business interference” the supporters of this bill believe ATPE has been guilty of organizing. The examples cited by a representative of the National Federal of Independent Business (NFIB) were federal minimum wage and equal pay laws that she claimed unions were opposing nationally. ATPE has not taken a position on any such legislation in Washington, and ATPE’s Godsey pointed out in his testimony that our organization has been supportive of business. “We love small business,” Godsey emphasized to the committee. “We have never spent one dime lobbying against small business.”

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Sens. Judith Zaffirini (D-Laredo) and Eddie Lucio, Jr. (D-Brownsville) asked a number of questions during the hearing about why this bill was needed. They illustrated, for example, that no school board members or superintendents have complained about the current law requiring districts to let educators deduct association dues from their paychecks. Several of the teachers who testified during Monday’s hearing pointed out that their school leaders were supportive of leaving the current law alone and letting school employees continue the practice of using payroll deduction for their association dues. ATPE State President Bottoms, for example, noted that her own superintendent had even traveled to Austin Monday to support her appearance at the SB 13 hearing.

Although not a member of the committee, Sen. Jose Menendez (D-San Antonio) also sat in on the hearing and  asked a number of questions about why the bill targets certain associations while allowing payroll deductions for other purposes, such as insurance premiums and taxes. ATPE appreciates the support of those senators from both parties who have taken issue with SB 13, principally for the discriminatory message that it sends to hardworking educators and the fact that the bill is wholly unnecessary. It solves no identified problems and does not produce any cost savings to the state. Interestingly, Chairwoman Huffman conceded during her opening remarks about SB 13 that there are no taxpayer costs associated with public employees using payroll deduction for their association dues. In admitting this, Huffman openly contradicted recent claims by both Lt. Gov. Dan Patrick and Gov. Greg Abbott that this legislation would prevent “taxpayer resources” from being used to collect union dues.

While the committee heard testimony from numerous ATPE members and other educators on Monday, members of the law enforcement community were also on hand to express opposition to SB 13. Even though law enforcement officials are currently exempted from Huffman’s bill, they nevertheless urged lawmakers not to discriminate against teachers and expressed disappointment that the Senate was even hearing such a bill as SB 13. ATPE sincerely appreciates the support of police, fire, and EMS employee associations to defeat this unnecessary bill.

Click here to watch archived video of the hearing. Sen. Huffman’s introduction of SB 13 begins at the 13:45 mark during the broadcast. The testimony on this bill begins at 1:11:28 during the broadcast. Also, visit ATPE’s Facebook page for video highlights and links to news reports about the hearing. ATPE members are urged to continue calling and writing to their legislators about SB 13 and its House counterpart, House Bill 510. For additional resources on communicating with lawmakers, check out ATPE’s Advocacy Central.

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Teach the Vote’s Week in Review: Feb. 10, 2017

We’re gearing up for a big hearing on an anti-educator bill next week at the Texas State Capitol. Here’s more news for you to know:

 


The Senate Committee on State Affairs is set to hear Senate Bill 13 on Monday, Feb. 13. The bill by Sen. Joan Huffman (R-Houston), who also chairs the committee, would ban educators from using payroll deduction for their voluntary association dues, while protecting other public employees’ rights to do the same for their association or union membership dues.

Both the governor and lieutenant governor have prioritized passing a bill to end payroll deduction for what they misleadingly refer to as a use of “taxpayer resources to collect union dues.” ATPE has pointed out that no taxpayer resources are required for the processing of dues deductions. We’ve also shown that the bills being pushed forward, Huffman’s SB 13 and the identical House Bill 510 by Rep. Sarah Davis (R-West University Hills), actually punish many educators who join non-union groups while protecting the right of other public employees to continue to deduct their dues, even for unions.

STOP2In a press release issued by ATPE this week, Executive Director Gary Godsey highlighted the political motive behind the bills: “If fewer educators are able to join a professional organization, it will be harder for groups like ATPE to fight back when lawmakers try to privatize Texas public schools or cut teachers’ pay and benefits.” ATPE is urging educators who are concerned about this attempt to shut down their future advocacy efforts on behalf of the education profession and the students they serve to contact their legislators. Several ATPE members plan to attend Monday’s hearing and visit legislative offices that day to share their opposition to SB 13.

“The legislators supporting these bills are trying to shut teachers up, and we won’t stand for it,” said ATPE’s Godsey. “How teachers spend their paycheck should be their decision and theirs alone.”

 


Members of the Texas House of Representatives received their committee assignments this week for the 85th legislative session. Two of the most important committees for education-related concerns – the House Committees on Appropriations and Public Education – have new leaders as a result of the retirement of legislators who chaired those committees before. Read more about which legislators will be playing pivotal roles this session in steering education-related bills through the legislative process.

 


The U.S. Senate voted to confirm Secretary of Education Betsy DeVos on Tuesday in an unprecedented cabinet confirmation that required Vice President Mike Pence to cast a tie breaking vote. Senators were literally split on her confirmation; two Republican Senators joined all Democrats in opposing her nomination, which resulted in a 50-50 tie. Vice President Pence’s favorable vote sealed her confirmation. ATPE Lobbyist Kate Kuhlmann reports on the vote and shares ATPE’s response here.

On the other side of the Capitol that same day, the U.S. House voted to overturn two Obama administration regulations dealing with accountability under the Every Student Succeeds Act (ESSA) and teacher preparation, respectively. ATPE’s Kuhlmann has reported on the release of both regulations (accountability here and teacher preparation here) and mentioned the uncertain future of many recently finalized regulations under the new Congress and Trump administration. These measures must still get through the U.S. Senate before going to President Trump’s desk for a signature, but should they, newly confirmed Secretary DeVos would oversee the implementation of any new regulations

 


NO VOUCHERSStop us if you’ve heard this one. Among Lt. Gov. Dan Patrick’s top three priorities for the 85th legislative session is enacting private school vouchers. His signature voucher legislation for 2017 is Senate Bill 3, being carried by Sen. Larry Taylor (R-Friendswood), who also chairs a Senate Education Committee stacked with voucher proponents. This week, ATPE Lobbyist Monty Exter offers an in-depth look at what’s in SB 3, how voucher funds could be used under the Senate’s proposal, and the many opportunities for perverse results. Learn more in this blog post.

 


Teach the Vote’s Week in Review: Feb. 3, 2017

Happy Friday! Here’s a look at this week’s education news highlights:

 


The full U.S. Senate is expected to vote Monday on the confirmation of Betsy DeVos to become Secretary of Education. DeVos arguably has been President Donald Trump’s most controversial cabinet pick. As proof of just how much disagreement exists over DeVos, Monday’s vote is predicted to come down to a 50-50 split, forcing Vice President Mike Pence to cast a rare tie-breaking vote to confirm the nominee. Read more in this most recent blog post from ATPE Lobbyist Kate Kuhlmann, and visit ATPE’s Advocacy Central if you’d like to send a message this weekend to U.S. Senators John Cornyn (R-TX) and Ted Cruz (R-TX) about Betsy DeVos. (Member login is required to access Advocacy Central.)

 


SBOE logoThe State Board of Education (SBOE) met this week, and ATPE Lobbyist Mark Wiggins was there to cover all the action. Check out Mark’s latest blog post about new committee assignments for the board members, changes that are in the works to some curriculum standards, charter school finances, and more.

 


For months, Lt. Gov. Dan Patrick has been touting his major private school voucher legislation that will be pushed hard this legislative session. This week we finally got the first look at his signature voucher bill for 2017, which is Senate Bill 3 being carried by Sen. Larry Taylor (R-Friendswood). The bill filed on Monday calls for both corporate tax credit “scholarships” for private schools, as well as education savings accounts (ESAs). The latter would offer a debit card for parents, pre-funded with taxpayer dollars to be used for private school tuition, home school costs, or even college savings.

On more positive note, Rep. Jason Isaac (R-Dripping Springs) this week filed a new bill aimed at reducing standardized testing. House Bill 1333 calls for delinking teacher evaluations from student test scores, but the measure would also require Texas to seek a waiver of federal laws that require several tests currently administered to students starting in grade three and moving through the high school grades.

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Stay tuned next week as ATPE Lobbyist Monty Exter will offer an in-depth look at SB 3 and the voucher debate for our blog. We’ll also have more on the newly filed testing bill, HB 1333. ATPE members can read more about these bills and all our legislative priorities over on Advocacy Central.

 


ThinkstockPhotos-99674144Governor Greg Abbott delivered his State of the State address to a joint session of the 85th Legislature on Tuesday. It was an opportunity for the governor to share his declared “emergency items” earmarked for earliest consideration this session, but no education issues made that list. The governor did still talk about some legislative priorities of his that relate to education.

Gov. Abbott urged lawmakers to work on an overhaul of the beleaguered school finance system and reiterated his strong support for pre-K programs, as long as they are done the “right” way. He also encouraged lawmakers to do something about the small number of teachers who’ve engaged in inappropriate relationships with students and strengthen reporting laws to address school administrations that have allowed some of those individuals to move on to jobs in other districts rather than being excised from the profession permanently.

Unfortunately, the governor also expressed support for private school voucher legislation and praised two lawmakers who have filed bills to ban educators from using payroll deduction for their association dues. Adding his voice to those spreading misinformation about the payroll deduction issue, Gov. Abbott stated, “Taxpayer resources should not be used for that.” ATPE and other groups have pointed out that payroll deduction for association dues produces no cost to taxpayers. State law even specifically authorizes school districts to charge associations like ATPE a fee if any such costs ever did arise.

The governor’s reference to taxpayer burdens that don’t exist is yet another example of the misleading information being spread about these two so-called “union dues” bills. The bills are being pushed mainly by business groups that have complained vociferously about anti-business activities by certain organized labor unions. But the bills filed, Senate Bill 13 by Sen. Joan Huffman (R-Houston) and House Bill 510 by Rep. Sarah Davis (R-Houston), have no impact on private businesses whatsoever.

This week, Sen. Robert Nichols (R-Jacksonville) signed on as a co-author of Senate Bill 13, joining a handful of other senators backing the bill. The House version includes two co-authors: Rep. Drew Darby (R-San Angelo) and Rep. Tan Parker (R-Flower Mound).

Both of these bills unfairly target educators for retaliation against their decisions to join professional associations like ATPE. While being touted as “union dues” bills, the measures actually affect groups that aren’t unionized, including ATPE, and they specifically exempt certain other public employees who would continue to benefit from payroll deduction for their union dues. The decision to single out educators while exempting other public employees highlights the political and discriminatory nature of these bills, which are clearly meant to silence the voices of educators on hot-button issues like private school vouchers, public pension reform, testing and accountability, and labeling public schools as failures.

Educators are urged to send messages to their lawmakers about these harmful payroll deduction bills that are tied directly to other legislative efforts to destroy public education. It’s easy for ATPE members to send a message, call, tweet, or communicate with lawmakers via Facebook using our communication tools at Advocacy Central.

 


ATPE members, today is your last day to register for ATPE at the Capitol, our political involvement training and lobby day event scheduled for March 5-6, 2017, at the Renaissance Austin Hotel and the Texas State Capitol. Be sure to sign up for our political involvement training and lobby day activities here, and don’t forget to book your hotel rooms and submit any requests for travel incentives by today, too. (ATPE member login is required to register for ATPE at the Capitol. Contact the ATPE state office if you need assistance logging in.)

Our training event on Sunday, March 5, features an opening keynote address by John Kuhn, presentations by the ATPE lobbyists, and a panel discussion with legislative leaders sharing their perspectives on the issues. Our website includes a schedule for Senate meetings and more details. Check it all out here. We look forward to seeing hundreds of ATPE members next month in Austin!

The latest on the misguided fight over educators’ payroll deduction

As ATPE has been reporting on Teach the Vote and atpe.org, two bills have been filed this session aimed at preventing educators from using payroll deduction for their association dues. They are House Bill 510 by Rep. Sarah Davis (R-Houston) and Senate Bill 13 by Sen. Joan Huffman (R-Houston). The legislation to ban payroll deduction has been declared a legislative priority by Lt. Gov. Dan Patrick (R). Dubbed an effort to keep the government from collecting “union dues,” these politically motivated bills actually have a greater impact on non-union professional entities such as ATPE. That’s why saving payroll deduction while educating lawmakers about the ugly political motives behind these bills is an ATPE legislative priority for 2017.

ATPE members should be familiar by now with the national movement to ban the use of payroll deduction by public employees. A controversial bill to keep school employees from using payroll deduction for their association dues, while allowing police, fire, and EMS workers to continue to payroll deduct their union dues, passed the Texas Senate in 2015 but never made it out of a House committee. This week, that same committee – the House Committee on State Affairs –shared its 2016 interim report, which includes a section on “union dues.” It’s an issue the committee was tasked with studying as an interim charge last year. The report notes that when the House State Affairs committee held a hearing on that bill last session, “Over 200 witnesses registered,” but only “17 were in support of the legislation.” The supporters of the 2015 bill included the same business groups who were invited to submit comments on the interim charge.

Excerpt from House State Affairs interim report

Excerpt from House State Affairs interim report

The House committee’s interim report summarizes arguments both for and against proposed legislation to ban payroll deduction, with supporters likening it to a taxpayer-funded “unfair political advantage” given to labor unions “that advocate against business in Texas” and “attack businesses that choose to remain union-free.” The report sums up arguments against the bills, including the facts that there is no cost to taxpayers since unions can be charged a fee for any dues collection-related costs and dues cannot be used for political contributions. The committee report concludes by acknowledging concerns about constitutionality of the legislation and notes that “one very essential question remains unanswered: What groups should be included in the bill, or, alternatively, what groups should be excluded from the bill?”

Knowing that a bill to ban payroll deductions would again be filed for consideration in 2017, the House State Affairs Committee’s ultimate recommendation on this interim charge was as follows: “The legislature should seek input about the policy rationale from both sides of the debate regarding the need for the law change and most importantly, what groups the bill should address.”

Clearly, the 85th legislature needs to hear from educators on why there is no actual need to change this law and no valid argument for taking away school employees’ right to use payroll deductions from their own wages as they choose.

ATPE members should explain to lawmakers why these bills are unnecessary, especially since no taxpayers dollars have ever been at risk as a result of the payroll deduction laws. Educators are also urged to ask their legislators why public school employees are the ones being targeted by these bills. If the proponents of these bills are truly concerned about unions that “attack businesses” and send their dues out of state to fund “anti-business policy campaigns,” as suggested by NFIB-TX in written testimony, then it makes no sense for them to pursue bills like SB 13 and HB 510 that punish groups such as ATPE, an organization not affiliated with any national union and a longtime supporter of right-to-work laws.

  • If you believe it’s unfair for lawmakers to single out educators for punishment because of their choices to join professional associations, then lawmakers need to hear from you.
  • If you think educators should be treated the same as other public employees like firefighters and police officers, then lawmakers need to hear from you.
  • If you are an educator who wants to continue to have options for managing your own money and believes the legislature has no business interfering with your personal choice to join a professional association, then lawmakers especially need to hear from you.

17_web_Spotlight_AdvocacyCentral_1ATPE members can log onto our website and use our tools at Advocacy Central to send quick messages to their legislators about this and other issues. We encourage you to call or write your legislators now, before these bills are on the move, and ask them to oppose this unnecessary legislation intended to silence the voices of the public education community. Let them know the facts behind payroll deduction and the people who would be affected by these bills if passed. If your representative or senator is one of the authors or co-authors supporting these bills, they still need to hear from you and understand that there are many voters who oppose the unfairly written SB 13 and HB 510.

Portrait of a young man with tape on mouth over colored backgroundToo often, the legislature makes decisions about public education based on input from non-educators. This could easily become another example of education laws and policies being steered by special interests outside of our school community because educators aren’t speaking up. And in this instance, if educators don’t speak up and oppose the ban on payroll deduction, their voices will carry far less weight in the future.

Teach the Vote’s Week in Review: Dec. 16, 2016

The ATPE state office will be closed for the holidays until Jan. 2, 2017. We appreciate your reading our blog and look forward to sharing more education news with you in the new year. Here are highlights of this week’s big education news:


Today, Sen. Joan Huffman (R-Houston) pre-filed Senate Bill (SB) 13 to prohibit educators from using payroll deduction for their voluntary membership dues paid to professional associations. Lieutenant governor Dan Patrick (R) immediately issued a press statement praising the legislation, which represents one of his top 20 priorities for the 85th legislative session starting in January. Patrick wrote, “It is clearly not the role of government to collect union dues, and certainly not at taxpayer expense. I commend Sen. Huffman for filing SB 13 – one of my top priorities, which will ensure taxpayer funds are not used to support the collection of union dues.” A similar bill has already bill filed by Rep. Sarah Davis, as we reported on our blog last week.

ATPE, through Executive Director Gary Godsey, was quick to respond today to the lieutenant governor’s mischaracterization of the current law on payroll deduction, issuing its own press statement. Educators’ use of this safe and convenient payment method does not result in any expense to school districts or taxpayers. ATPE lobbyist Monty Exter further explained the law as follows: Because school district payroll offices are already set up to use payroll deduction to send payments to a number of charitable and for profit entities, and they will continue to do so even under SB 13’s proposed language, there is essentially no additional cost associated with the use of payroll deductions for professional associations like ATPE. Even if there were a hypothetical cost, school districts are already authorized to recoup those costs from the associations that receive the payments deducted from employees’ paychecks. It’s worth nothing, also, that those payments of association dues are always made with the employee’s consent as forced unionism does not exist in Texas.

ATPE has been urging its members to reach out to lawmakers and educate them on the realities of payroll deduction and the peace of mind it gives to school employees. ATPE members can visit our Advocacy Central on atpe.org to view additional information and send messages to their lawmakers.

 


The Texas Education Agency (TEA) is rolling out two significant accountability related actions over the holiday break. First, Commissioner Morath has posted proposed commissioner’s rules that dramatically alter the cut scores associated with the STAAR testing regime. The agency is replacing the current proficiency labels with new labels: did not meet grade level, approaches grade level, meets grade level, masters grade level. More significantly, the proposal replaces the gradual increase in cut scores that was set to top out at the final level 2 cut scores in the 2021-22 school year with a system that implements the final level 2 and level 3 cut scores this year. The proposed rule can be found here. For comparison, the current cut score tables can be found here and here, and the proposed tables here and here. The public comment period on these rules began on December 9 and runs through January 9. A public hearing may be requested by December 23. If a hearing is requested it would likely be scheduled to occur in January.

skd282694sdcIn other accountability related news, the agency is releasing mock campus and district accountability results under the new A-F accountability system. Grades will be released to legislators on December 30, to school districts on January 4, and finally made available to the public on TEA’s website on January 6. House bill 2804, the legislation which called for the pre-release of A-F ratings, only required the agency to release this test run to the legislature by January 1, 2017. According to the agency, “The ratings in this report will be based on development of the A–F system as of December 2016. Development of the new accountability system will continue—with additional input from stakeholders—until spring 2018, when the final rules are adopted.”

 


Watch our blog next week for a follow-up on a recent news program about private school vouchers. ATPE Monty Exter will explain why the newest voucher proposals – education savings account – don’t add up to a good deal for students.

Teach the Vote’s Week in Review: Dec. 9, 2016

With the holidays quickly approaching, it’s been a busy education news week. Here are highlights:


ThinkstockPhotos-462761867Groups looking to ban educators from using payroll deduction have a newly filed bill, and school employees concerned about this need to speak up now! The move is part of a national effort to try to weaken unions and professional associations like ATPE that advocate for public employees. Here in Texas, efforts to ban payroll deduction are taking direct aim at the education community, apparently in response to our outspoken opposition to private school vouchers and other reforms favored by Lt. Gov. Dan Patrick (R) and others.

Patrick has identified prohibiting payroll deduction for “collection of union dues” as one of his top priorities for the upcoming legislative session, reserving a low bill number (Senate Bill 13) for the yet-to-be-filed legislation in the Senate. On the House side, Houston-area Rep. Sarah Davis (R) pre-filed House Bill 510 this week to prohibit the use of payroll deduction for educators’ voluntary association dues. The bill exempts police, firefighters, and EMS workers, allowing them to continue to take advantage of the safety and convenience of payroll deduction, but punishes educators who choose to join professional associations by denying them the same rights.

ATPE is urging members to contact their legislators right away and ask them to oppose these politically charged bills that would serve no purpose other than to further devalue the education profession and attempt to silence the voices of teachers. Learn more in this blog post from ATPE Lobbyist Mark Wiggins, and use our new communication tools for members at ATPE’s Advocacy Central to take action today.

17_web_Spotlight_ATC_RegistrationOpenRelated content:  While you’re visiting Advocacy Central, check out the details on ATPE at the Capitol, our lobby day and political involvement training event in March. Registration is open now, and there is no registration fee for ATPE members to attend the event. This is a great opportunity to learn more about grassroots advocacy and meet with your lawmakers to discuss saving payroll deduction and other ATPE legislative priorities for 2017.


SBECThe State Board for Educator Certification (SBEC) met today for its last meeting of 2016. After more than a year of meetings dedicated to revising rule chapters that pertain to educator preparation and certification, among other issues, the board’s agenda was notably shorter and involved very few action items.

On today’s agenda was a presentation from former Commissioner of Education Jim Nelson on the work of the Texas Teacher Preparation Collaborative; a discussion on developing a certification specific to early childhood education; and an update on the principal and teacher satisfaction surveys that are used to hold educator preparation programs (EPPs) accountable. The only actions taken by the board, aside from rulings on individual disciplinary cases, was adoption of the board’s legislative priorities and approval of EPP monitors. Board members also adopted three legislative priorities: expand reporting requirements on educator misconduct to principals, expand outcome-based accountability to EPPs, and consider other options for demonstrating proficiency with regard to educator certification reciprocity for educators coming from other states and countries.

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Kate Kuhlmann testifying at SBEC, Dec. 9, 2016

On the second priority, ATPE Lobbyist Kate Kuhlmann testified at this morning’s meeting and successfully argued to remove some original language that would have specifically encouraged the use of teacher evaluation results to hold EPPs accountable. Board members understood our concerns that such a move would affect the confidentiality of appraisals, which are meant to serve as an informative and developmental tool for educators. Kuhlmann testified that, among other concerns, the formative nature of appraisals at the local level could be undermined if confidentiality of those results were compromised by legislative changes. To hear the full discussion on any of these topics or others discussed today, access an archived webcast of the meeting here.

The board welcomed two new members recently appointed by Governor Greg Abbott (R-TX). Dr. Scott Ridley, the Dean of the College of Education at Texas Tech University, and Tommy Coleman, a citizen member of the board who works as an assistant district attorney for the Polk County Criminal District Attorney’s Office, were sworn in before today’s meeting. Gov. Abbott also recently appointed Carlos Villagrana to serve in the non-voting role dedicated to a representative of an alternative certification program. Mr. Villagrana is the Director of the Alternative Educator Preparation Program at YES Prep Public Schools. He was not present for today’s meeting.

Related content:  The National Council on Teacher Quality (NCTQ) released the latest version of its Teacher Prep Review this week. This go around, NCTQ decided to analyze programs based on their program type (as opposed to grouping them all together like in previous reports) in an effort to offer a more apples-to-apples comparison of data. The report released this week focuses only on 875 undergraduate elementary programs throughout the country. Two of the top rated undergraduate elementary programs, which all scored in the top 99 percentile, hail from Texas: Texas A&M University and the University of Houston. Learn more about the report here, and watch for future reports on the various program types beginning in Spring 2017.

 


The Teacher Retirement System (TRS) invited legislative staff and stakeholders to a briefing this week on its actuarial valuation reports for the period ending Aug. 31, 2016. The presentation also included data on the healthcare plans administered by TRS for active and retired educators. TRS officials reported that the pension fund earned a return of 7.3 percent in 2015-16 and ended the 2016 fiscal year at a market value of $134 billion compared to a market value of $128.5 billion in the previous fiscal year.

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While the pension fund investment returns are in good shape, there are more serious concerns about funding for TRS-Care and ActiveCare. This week’s briefing highlighted the fact that TRS-Care is not pre-funded and is facing a shortfall of between $1,088 million and $1,294 million by the end of the 2018-19 biennium. As we have previously reported on our blog, lawmakers are recommending dramatic changes to the design of the health benefit plans.

Learn more about the current status of the funds in these new reports supplied by TRS:

 


U.S. Dept of Education LogoThe U.S. Department of Education (ED) finalized its Every Student Succeeds Act (ESSA) rules pertaining to assessments this week. The assessment rules were much less contentious than some of the other rules released by the department, with stakeholders who served as negotiators coming to agreement on the contents of the rule. ATPE submitted comments on the rules during the comment period, supporting the innovative assessment pilot and encouraging the use of sample testing. Our comments were taken and included, in part, in the final innovative assessment pilot rules. You can read ATPE’s comments and learn more about the rulemaking process for assessments here.

As we have previously discussed, the future of ESSA rulemaking remains very unpredictable at this point. When President-elect Trump and his administration take office in January, they will have the ability to carry on with the policies of the Obama administration, forgo them altogether, or pursue some combination of these options.

 


The 12th annual Friends of Texas Public Schools (FOTPS) gala took place Wednesday evening, Dec. 7, in Waco, TX. ATPE Political Involvement Coordinator Edwin Ortiz contributed this report on the event.

ATPE leaders, volunteers, and staff members were honored to be a part of the FOTPS annual celebration where education allies were honored for their outstanding work supporting the Texas public education system. Three major awards were handed out at the event, which was held at Baylor University’s Baylor Club, located inside McLane Stadium. Those attending the event as part of the ATPE delegation were State President Julleen Bottoms, Region 12 Director Jason Forbis, Region 12 President Patty Reneau, Corsicana ATPE member Suzanne Waldrip, Executive Director Gary Godsey, Governmental Relations Director Jennifer Canaday, Regional Representative Ginger Franks, Lobbyist Monty Exter, Lobbyist Mark Wiggins, and Exter.

The Friend of the Year Award is FOTPS’s highest award and is bestowed to individuals and organizations who step up as champions for those who work and learn in our Texas public schools. The award went to Texans Advocating for Meaningful Student Assessment (TAMSA) for their continued activism to reduce the state’s overreliance on high-stakes standardized testing. Their work has been instrumental in bringing awareness to the amount of time our students spend on standardized tests and the limited time that is actually left for instruction. During the last two legislative sessions, TAMSA has been a leader in advocating for a reduction in tests, helping to bring the number of required state tests from 15 down to five.

Also recognized that evening were Pamela & Rep. Gary VanDeaver who received the Ambassador of the Year Award. This award was established to highlight the efforts of an educator stepping up as a champion for the Texas public schools. Rep. VanDeaver and his wife are no strangers to the public education system having both worked as career educators and been an instrumental voice for the 5.3 million children who currently attend Texas public schools. Rep. VanDeaver’s work on behalf of public education during the last legislative session was relentless, and we look forward to working with him again during the 85th session. Their passion to serve our schoolchildren is inspiring!

Last but not least, the Founder’s Distinguished Service Award went to the Texas Education Service Centers for their outstanding work and support for the continued success of Texas public schools. The 20 Education Service Centers have tirelessly served public schools for the past 50 years by providing vital services that enable each district to educate students in an effective and efficient manner.

Congratulations to all of the honorees for their outstanding work!

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ATPE’s representatives at the FOTPS gala on Dec. 7, 2016, in Waco


 

Lawmakers aim to silence Texas educators

Portrait of a young man with tape on mouth over colored backgroundTeachers, some lawmakers are trying to shut you up. There’s no other way to put it.

The lieutenant governor and a number of lawmakers are again pushing legislation to prohibit school employees from using payroll deduction for payment of their voluntary dues to ATPE and other professional associations. If you currently pay your ATPE dues through payroll deduction, then you know why this is important. In addition to being convenient, payroll deduction is the safest way for employees to contribute to professional organizations and causes. By eliminating credit cards, payroll deduction reduces the risk of identity theft and potential lapses in payments that could cause a loss of insurance coverage.

Doing away with payroll deduction for school employees serves no legitimate purpose. Bills to prevent public school employees from doing as they choose with their own money are offensive and potentially unconstitutional. This legislation is about politics – and vouchers, in particular. Educators have long fought attempts to take money away from our cash-strapped public schools and use it for private school vouchers. Frustrated by the success of our advocacy for public education, some business groups are now lobbying to silence you in order to weaken the effectiveness of groups like ATPE. By making it more difficult for school employees to support professional organizations, voucher advocates hope to eliminate your influence at the Capitol.

In no uncertain terms, this legislation aims to silence the education community that has been speaking out in support of public schools.

After a similar bill failed to pass in 2015, a ban on payroll deductions will be pushed even harder this session, and the time for educators to fight that effort is right now. In the Texas Senate, Lt. Gov. Dan Patrick (R-Texas) has declared banning the “collection of union dues” by public employers one of his priority items for 2017. Although the bill had not yet been filed as of this morning, Patrick has reserved Senate Bill (SB) 13 for this purpose, signaling its importance with a low bill number. On the House side, Rep. Sarah Davis (R-West University Place) has already filed House Bill (HB) 510 earlier this week. That bill would prohibit your ability to use payroll deduction to contribute to ATPE. In fact, it specifically bans all school district employees from using payroll deduction to support any professional organization.

What can I do?

Step 1: Speak up! Help us fight this personal attack on teachers and public school employees. If you’re an ATPE member, log in at Advocacy Central on ATPE.org to call or send a message to your legislator today. If you’re not an ATPE member, contact your legislators and let them know you don’t appreciate efforts to silence educators’ voices in the Texas Capitol.

Step 2: Know your facts. Payroll deduction is convenient, secure and reliable; otherwise, why is it allowed for so many other things? Use Advocacy Central to learn more about these and other truths regarding payroll deduction that you should share with your legislators:

  • Texas is a right-to-work state. Our public employees aren’t forced to join a union as in some other states, and payroll deduction is used in Texas only for voluntary dues payments since there are no mandatory dues requirements.
  • Payroll deduction is used not just by “labor unions,” but also by non-union professional associations like ATPE. ATPE is the largest entity representing educators in Texas, and we are not a “labor union.” ATPE exists only in Texas and has steadfastly supported right-to-work laws while opposing the union tactics that have been highlighted by business groups as a rationale for these bills.
  • Payroll deduction does not cost taxpayers ANY additional money. State law authorizes school districts to charge associations a fee to cover any costs associated with payroll deduction. Districts typically incur no additional costs since they already offer payroll deduction for everything from donations to charities like  United Way or an ISD foundation to payments for health care premiums and cafeteria plans.
  • Banning payroll deduction ultimately hurts Republicans and Democrats alike. Those pushing to ban payroll deduction claim falsely that educator groups like ATPE use their revenue to support Democratic candidates and causes exclusively while opposing Republicans. In reality, ATPE routinely helps both Republican and Democratic candidates and officeholders, and more than half of ATPE members identify themselves as Republicans based on member surveys.

Step 3: Be persistent. Business lobbyists are meeting with lawmakers to quickly amass support for their so-called “paycheck protection” bills. As a Senate priority, there will be pressure to get this done swiftly and silently, and a bill has already been filed in the House. Educators must send a message now to prevent their rights from being eroded in 2017. Don’t wait for the session to begin or the holidays to pass. Visit the district offices of your state representative and state senator, send e-mails, write letters, use social media, and make phone calls to ensure your voices are heard.

The key is to keep up the pressure – starting now!

Republican voters will consider payroll deduction ballot measure

Voters in the Texas Republican primary this year will be asked to vote “yes” or “no” on ballot measures that include an issue of significance to public education employees: payroll deduction.

Beginning Tuesday, Feb. 16, Texas voters have two weeks in which to participate in an important election that will help determine the future of public education in our state. When you go vote in either the Democratic or Republican primary, you will have a slate of candidates from which to choose your legislators and other officeholders. In addition, you’ll see ballot measures aimed at determining the priorities of the voters in each party’s primary. These non-binding propositions or referenda near the end of your ballot typically originate with the party’s leadership but may also appear as the result of a petition by individual citizens submitted to the Secretary of State.

ThinkstockPhotos-481431733In the 2016 primary, the Texas Republican Party’s ballot includes four propositions, while the Texas Democratic Party’s ballot features six referendum-style questions. While both parties’ ballot measures deal with topics that are likely to be of interest to educators, such as property taxes and access to paid family leave, there is one proposition of particular concern to the education community.

Voters in the upcoming Republican primary will see the following statement on their ballot: “Texas should prohibit governmental entities from collecting dues for labor unions through deductions from public employee paychecks.” ATPE is urging voters to reject this proposition, which is aimed at ending the practice of allowing educators and other public employees to use payroll deduction for their membership dues. The ballot measure reflects efforts by the Texas GOP, steered by its more extreme factions within the party, to weaken groups that represent educators and other public servants. It is part of an anti-union movement that has been seen throughout the country, but the efforts to prohibit payroll deduction in Texas also reflect an ignorance or lack of full comprehension of the nature of public employee groups that exist here in Texas.

Here are facts you need to know about payroll deduction, why it poses no legitimate threat, and why it should not be eliminated:

  • Texas is a right-to-work state, and our public employees don’t experience the type of forced unionism that is seen in some other states. Educators and other public servants have the right to choose any professional organization to represent them or even to join no professional group at all. When payroll deduction is offered to governmental employees in Texas, it is used only for voluntary dues payments, as there are no mandatory dues requirements.
  • Payroll deduction is used not only by “labor unions” by also by non-union professional associations, especially in right-to-work states such as Texas. For instance, ATPE is the largest entity representing educators in Texas, and we are not a “labor union.” On the contrary, ATPE was founded by educators who wanted to provide a professional association model for their colleagues who did not wish to join a union or any statewide group affiliated with a national union. ATPE exists only in Texas and was created to offer a non-union choice to Texas educators. To this day, public school employees in Texas may voluntarily choose to join ATPE, and many of the members who do join us appreciate the safety and convenience of payroll deduction as a means of paying their annual membership dues.
  • Offering payroll deduction options to educators does not cost the state, school districts, or taxpayers additional money. State law specifically allows districts to charge associations a fee to cover any costs they may incur as a result of offering payroll deduction to their employees. School districts typically incur no additional costs since they already offer payroll deduction for a multitude of payments by their employees, from donations to charities such as the United Way or a district’s own foundation to health care expenditures and cafeteria plans.
  • Ending the practice of payroll deduction would not necessarily benefit the Texas Republican Party. Backers of efforts to prohibit payroll deduction and those who want Republican voters to support the ballot proposition shown above often claim that their motivation is to cripple the efforts of certain politically active groups. They believe that prohibiting payroll deduction will cause public employee associations and unions to lose revenue and that, in turn, those groups will be weakened in their ability to support Democratic candidates. However, many of the groups that would be affected by changes to payroll deduction laws are groups that also support Republican candidates! For example, ATPE members have the option of making voluntary donations to the nonpartisan ATPE-PAC, which makes campaign contributions to candidates and officeholders who support public education. Every year, ATPE-PAC’s contributions go to both Republican and Democratic candidates, with a fairly even split between the two parties in most years. Similarly, based on voluntary self-identification by our members, ATPE’s membership is composed of both Democrats and Republicans who often vote for candidates from both parties. The notion that preventing ATPE members from being able to use payroll deduction will somehow result in less financial support for Democrats or more financial support for Republicans in the future is entirely without merit.

ATPE members and other public employees who voluntarily join professional associations appreciate having options to manage their own money in the way they choose. Many opt to take advantage of payroll deduction because it provides an effective hedge against identity theft by eliminating credit cards from the mix. Republican and Tea Party leaders who are trying to eliminate payroll deduction through legislation and the party’s platform are ignoring the political realities of our right-to-work state and doing a disservice to their own voters, many of whom are educators and other public sector employees.

As a voter, you can help steer the Republican party away from this harmful and misguided stance. Read more to find out how…

What can you do as an educator?

  • If you vote in the Republican party primary this year (where many of the state’s contested races will be decided), be sure to vote NO on ballot proposition #3 regarding paycheck deductions for “labor unions.”
  • Remind your colleagues to watch out for and vote NO on this harmful proposition. Many voters experience “ballot fatigue,” especially when they get to the end of a long ballot. They may not take the time to read wordy propositions and often vote “yes” on all the measures. Tell your friends to make sure they vote NO on proposition #3 if they believe that educators and other public servants should have the right to make their own decisions about how they spend their money.
  • Educate yourself on the candidates’ viewpoints on payroll deduction. Ask the candidates in your district what their stances are on this and other public education issues. The candidate profiles compiled by ATPE and featured here on Teach the Vote can help you determine which candidates are most likely to stand up for educators’ rights. Another helpful tool you’ll find on Teach the Vote in our candidate profiles is the “Voting Record” section. Incumbent senators’ voting records indicate how they voted on the 2015 bill that tried unsuccessfully to eliminate payroll deduction. (There is no such record vote for state representatives because the Texas House did not allow the anti-payroll deduction bill to come up for a vote either in committee or on the House floor.) Click the 2016 Races button to search for your candidates’ profiles.
  • Finally, remember that your votes in this primary election will have a tremendous impact on the types of bills that pass or fail during the 2017 legislative session. It is a virtual certainty that a bill to take away your right to use payroll deduction will be filed and considered again in 2017. Its success or failure will depend primarily on which candidates have been elected to represent you. Be an informed voter and understand whether the candidates you’re supporting are going to represent your interests next year when the legislature meets.

Click here to view the complete list of 2016 primary ballot measures broken down by party.