Category Archives: School Finance

School finance reform bill heads to full House

The House Public Education Committee approved school finance HB 21 Tuesday by a vote of 10-1, with state Rep. Morgan Meyer (R-Dallas) voting in opposition. The committee unanimously approved HB 22, which would extend ASATR funding, and HB 23, which would create an autism grant program. One or more could reach the House floor by Monday.

House Public Education Committee meets July 25, 2017.

House Public Education Committee meets July 25, 2017.

Noting concerns raised by some over changes from the regular session version of the bill, Chairman Dan Huberty (R-Houston) indicated he would be open to floor amendments to HB 21 restricting charter school funding in the bill to special needs and dropout recovery schools, as well as extending hardship grants to 1993 hold harmless districts.

The committee met Tuesday morning to consider additional bills related to school finance and other subjects. Among those is HB 22 by state Rep. Ken King (R-Canadian), which would extend additional state aid for tax reduction (ASATR) funding to certain school districts for an additional biennium.

HB 98 by Vice-chair Diego Bernal (D-San Antonio) would create a mentor teacher program, and is identical to HB 816 filed by Bernal during the regular session. The program would allow schools to assign a veteran teacher to mentor a new teacher for at least two years, and receive a stipend and specialized mentorship training. Mentors would be required to meet with mentees at least once a week in order to discuss district context and policies, instructional practices, professional development, and expectations. Mentors and mentees would be guaranteed release time to facilitate mentoring activities, including classroom observation and coaching. According to the fiscal note for HB 816, the program would cost a modest $3 million over the next biennium in order to provide a $250 allotment for each of the 5,800 educators forecast to participate in the program. ATPE supports this bill.

HB 140 by state Rep. Helen Giddings (D-DeSoto) would allow districts to include full days of attendance for each student who attends full-day prekindergarten. ATPE supports this bill.

HB 178 by state Rep. Philip Cortez (D-San Antonio) would extend career and technology education (CTE) allotment eligibility to the eighth grade. Currently, only high school programs are eligible for weighted funding through the CTE allotment.

HB 248 by state Rep. Drew Springer (R-Muenster) would extend ASATR funding to districts that received ASATR funding for the 2016-2017 school year and operated a campus in a county in which no other district operated a campus. Funding under HB 248 could be counted against the total amount of attendance credits required to be purchased by districts under recapture.

HB 256 by Vice-chair Bernal would modify the Legislative Budget Board’s (LBB) report on equalized funding elements under the public school finance system. The bill would add a requirement that the LBB adopt rules necessary to enable each student to achieve satisfactory performance on state assessment instruments and include in its report recommendations regarding the equalized funding elements necessary to do so.

Chairman Huberty announced the House could see a long day on the floor next Monday, and the committee will therefore plan to meet again next Tuesday.

House Public Education sets focus on school finance

The House Public Education Committee held its first hearing of the special session Monday at the Texas Capitol. After championing public education during the regular session, Chairman Dan Huberty (R-Houston) made clear that the committee will continue to devote its time to real solutions to public education issues, beginning with school finance.

House Public Education Committee meeting July 24, 2017.

House Public Education Committee meeting July 24, 2017.

HB 21 by Chairman Huberty remains House leadership’s priority school finance bill, and the refiled special session version contains a few changes from the engrossed version approved by the Texas House during the regular session. The current bill would roll the transportation and high school allotments into the basic allotment, which would increase by $375 to $5,140 from $4,765, and would increase the guaranteed level of state support for interest and sinking (I&S) funding. HB 21 would create a weighted allotment for students with dyslexia or related disorders and increase the weight for the bilingual allotment. The legislation adds $25 million in charter school funding and would gradually increase the small-sized district adjustment over a five year period. It includes $159 in hardship assistance grants for districts that are scheduled to lose funding under additional state aid for tax reduction (ASATR).

ATPE lobbyist Mark Wiggins testified in support of HB 21, pointing out that the committee’s decision to focus on meaningful school finance solutions sends a strong message that the Texas House continues to put children first. ATPE supported HB 21 during the regular session as well.

HB 23 by Chairman Huberty is identical to HB 23 filed during the regular session, which 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 61 by state Rep. Gina Hinojosa (D-Austin) would grant school districts required to reduce their wealth per student the ability to count their transportation allotment against the total amount of attendance credits the districts is required to purchase.

HB 62 by Rep. Hinojosa would order the Texas Education Agency (TEA) commissioner to reduce the taxable value of property of a school district that provided social security coverage for district employees before January 1, 2017, by a percentage of value equal to the percentage of the district’s required contribution for social security coverage.

HB 194 by state Rep. Trent Ashby (R-Lufkin) would gradually increase the small-sized district adjustment under the Foundation School Program over a five year period and eliminates the bracketing to districts that contain at least 300 square miles. ATPE supports this bill.

HB 197 by Vice-chair Diego Bernal (D-San Antonio) would increase the weight for the bilingual education allotment to .25 from .1. ATPE supports this bill.

HB 234 by Vice-chair Bernal would increase the weight for the compensatory education allotment to .25 from .2. ATPE supports this bill.

HB 258 by state Rep. Mary González (D-El Paso) would increase the basic allotment by $1,075 and increase weighted funding for bilingual education and students with disabilities. It would also eliminate the high school allotment and increase the guaranteed level of funding per cent of tax effort. Additionally, HB 258 would order a study of the funding weights and a review of the state’s school finance system following each legislative session. ATPE supports this bill.

All bills were left pending Monday. The committee is scheduled to convene Tuesday morning to discuss additional legislation.

Abbott announces special session to include many public education items

ThinkstockPhotos-99674144Governor Greg Abbott released his plans for a special session today following a week of growing anticipation. For educators and public education advocates, the fight isn’t over. Beginning July 18, the Texas Legislature will to return to Austin to address a long list of issues identified by Governor Abbott. Only one, continuing the Texas Medical Board, requires “emergency” attention; once that has been addressed, Governor Abbott expects the legislature to immediately address 19 additional items.

Two of those additional items are particularly familiar to public education advocates and educators who just spent the last five months defeating them. By adding them to the special session call today, the governor revived vouchers for special education students and a prohibition on payroll deduction for educators. Both issues were ones addressed and rejected by the legislature during its regular session. ATPE immediately responded to the news with a press release calling payroll deduction a “shameful attack on public school employees.”

The governor also added school finance to the call, but he only called on lawmakers to create a commission to study school finance. He did not call on lawmakers to pass the pieces of legislation debated during the regular session that actually sought to fix the school finance system. For instance, HB 21 by Chairman Dan Huberty (R-Humble) and SB 2051 by Chairman Larry Taylor (R-Friendwood) took separate approaches to fixing the school system, but each addressed current school funding issues and received strong support. The school finance fix was ultimately derailed when Lt. Governor Dan Patrick added a voucher and refused to compromise on any bill to fund schools if a voucher wasn’t included.

Two items that got little attention during the regular session but topped the governor’s list of special session items today were a $1000 pay raise for teachers and flexibility for administrators in hiring, firing, and retaining teachers. The governor gave little detail on how to address either item, but did say that he expects the pay raise to be carried out through existing money and within existing budgets, meaning he doesn’t want the legislature to dedicate any new funding to the effort.

The 19 additional items, as described by Governor Abbott’s office are as follows:

  1. Teacher pay increase of $1,000
  2. Administrative flexibility in teacher hiring and retention practices
  3. School finance reform commission
  4. School choice for special needs students
  5. Property tax reform
  6. Caps on state and local spending
  7. Preventing cities from regulating what property owners do with trees on private land
  8. Preventing local governments from changing rules midway through construction projects
  9. Speeding up local government permitting process
  10. Municipal annexation reform
  11. Texting while driving preemption
  12. Privacy
  13. Prohibition of taxpayer dollars to collect union dues
  14. Prohibition of taxpayer funding for abortion providers
  15. Pro-life insurance reform
  16. Strengthening abortion reporting requirements when health complications arise
  17. Strengthening patient protections relating to do-not-resuscitate orders
  18. Cracking down on mail-in ballot fraud
  19. Extending maternal mortality task force

Senate adds voucher to House school finance bill, jeopardizing needed funding

NO VOUCHERSSenate Education Committee Chairman Larry Taylor (R-Friendswood) added a special education educational savings account (ESA), the newest fad in voucher legislation, to the House’s school finance bill, HB 21 by Chairman Dan Huberty (R-Kingwood). After adding the bill to today’s Senate Education Committee agenda late yesterday, Chairman Taylor dropped another surprise when he announced this morning that his substitute version of HB 21 would include the special education voucher.

Having originally planned to support the school finance bill in today’s hearing, ATPE joined a slew of education advocates who lined up to change their position on HB 21 from “for” to “against” in light of the new development. ATPE will be testifying before the committee after it reconvenes later today following the Senate’s floor session. This morning, the committee heard from a handful of witnesses before recessing. View video from this morning’s portion of the hearing here; the discussion of HB 21 begins 40 minutes into the archived video file.

Testimony on HB 21 during the morning hearing included remarks from representatives of school districts that now oppose the school finance bill that would otherwise alleviate many problems with recapture and funding. For ATPE and so many others invested in supporting our public schools, vouchers in any form are a bridge too far. The committee also heard compelling testimony from the parent of a student with special needs who said, “I am not okay with ESAs,” citing concerns about giving up protections in federal law and parents being unable to afford the high additional costs of sending their children to specialized private programs that are few and far between in Texas. (Check out her testimony at the 1:30:27 mark on the archived video file.)

17_web_Spotlight_AdvocacyCentral_1Stay tuned to Teach the Vote for updates on ATPE’s testimony later today against HB 21, as well as any action taken by the committee to advance the bill. In the meantime, ATPE urges educators and supporters of public education to contact their legislators and urge them to reject vouchers in any form! What is bad for kids is bad for all kids, and calling vouchers a different name doesn’t change that. ATPE members may visit Advocacy Central to call, tweet, email, and send Facebook messages to representatives and senators on this issue.

Related: View ATPE’s press release on the Senate’s move today to add vouchers to the school finance bill.

From CPPP: Promising School Finance Bills Stuck in Texas Legislative Limbo

Chandra Villanueva_CPPPBy Chandra Villanueva, Senior Policy Analyst, Center for Public Policy Priorities (CPPP)

Last month we were pleased to see the Texas House of Representatives approve a bill that would take some good steps toward remodeling our neglected school finance system. That proposal, House Bill 21 sponsored by Chairman Dan Huberty, has been sent to the Senate and is awaiting referral to a committee.

It’s in the interest of the 5.2 million Texas children in public schools – and their future employers – that the Senate consider and approve HB 21.

Meanwhile the Senate Education Committee has approved some good school finance reform bills sponsored by Chairman Larry Taylor that explore cost-neutral options for simplifying the overly complex school finance formula. These bills also deserve to move to the full Senate and on to the Texas House for approval:

SB 2142 – Repeal of the High School Allotment – Districts receive $275 through the high school allotment for each student in grades nine to 12 to supplement academic offerings and provide services to students at-risk of dropping out. This allotment is considered inefficient because funding is generated for every student in high school, rather than only for those in need, and it is not tied to an actual cost for serving students. It is the intent of the author that funding otherwise allocated under the high school allotment be used to increase the basic allotment. HB 21 also repeals the high school allotment. This bill has been sent to the House and is awaiting referral to a committee.

SB 2143 – Basic Allotment Increase – The basic allotment is the per-student funding amount and the primary building block of the school finance formula. This bill increases the basic allotment to $5,140 to reflect current levels of funding set in the 2016-2017 budget. This bill has been sent to the House and is awaiting referral to a committee.

SB 2144 – Commission on Public School Finance – This bill creates the Commission on Public School Finance, a 15-member commission tasked with developing recommendations to improve the state’s method for funding schools. This commission has the potential to bring innovative ideas to the next legislative session. This bill has been referred to the House Public Education Committee.

SB 2145 – Simplified School Finance System – This bill would strip out many outdated elements and unneeded complexities from the formula and reduce the system down to one tier, from its current two-tiered system. While this plan does a lot to improve equity, or fairness between districts, no additional funding is added to the system. This bill is currently pending in the Senate Education committee.

We encourage the Texas Legislature to move forward with these promising school finance bills. The children, parents and employers of Texas are watching.

 

This post has been republished with permission from the Center for Public Policy Priorities (CPPP).

Teach the Vote’s Week in Review: April 21, 2017

Here’s a look at this week’s education news highlights from the ATPE lobby team:


Falling US MoneyThe Texas House of Representatives this week passed a comprehensive school finance bill, House Bill (HB) 21 by Rep. Dan Huberty (R-Kingwood), who chairs the House Public Education Committee. HB 21 is the House’s opening salvo in what the bill’s author calls a multi-session school finance reform effort. The bill is now on its way to the Senate where it is expected to receive a less than certain reception.

HB 21 picked up 10 floor amendments over the course of more than four hours of debate on Wednesday evening. The bill was approved on second reading by a vote of 134 to 16, and then the House passed HB 21 the following day on third reading by a vote of 132 to 15. Stay tuned later this week for a blog post by ATPE Lobbyist Monty Exter describing the details of the bill as approved by the House.

The next steps will be for HB 21 to be accepted by the Senate and referred to the Senate Education Committee, where we hope that Chairman Larry Taylor (R-Friendswood) will schedule it for a public hearing. Taylor’s committee heard his own school finance bill this week, Senate Bill (SB) 2145. A hearing on HB 21 would likely include a discussion of the differences and merits of the two school finance plans.

 


SBOE logoThe State Board of Education (SBOE) has been meeting this week, also. As ATPE Lobbyist Mark Wiggins wrote for our blog earlier this week, the board’s agenda includes high-profile reviews of some of the state’s curriculum standards, known as the Texas Essential Knowledge and Skills (TEKS).

This morning, the board held a final vote on proposed changes to the TEKS for science. The biology portion in particular has been the focus of debate over the discussion of evolution. Board members began the week seeking compromise language that would satisfy scientists as well as those wishing to allow for some discussion of creationism.

The board voted down an amendment this morning by member SBOE Marisa Perez-Diaz (D-San Antonio) that would have instructed teachers to “compare and contrast prokaryotic and eukaryotic cells, including scientific explanations for their complexity.” The board then adopted an amendment by SBOE member Keven Ellis (R-Lufkin) instructing teachers “to compare and contrast prokaryotic and eukaryotic cells, and compare and contrast scientific explanations for cellular complexity.” SBOE member Barbara Cargill (R-The Woodlands) assured the board that the compromise language still encourages criticism of the theory of evolution.

On revisions to the TEKS for English and Spanish language arts and reading, the board has opted to delay a final vote until May. For more on this week’s SBOE deliberations, check out the latest update from ATPE Lobbyist Mark Wiggins here on our blog.

 


The two legislative committees that oversee education policy for the Texas House and Senate have been busy hearing numerous bills and voting a number of them through for floor consideration.

Yesterday, the Senate Education Committee heard bills that included such topics as charter school authorizations and educator certification. As ATPE Lobbyist Kate Kuhlmann reported on our blog, the committee heard both a bill that could restrict the expansion of charter schools in certain areas and a bill that would make it easier for charters to be approved. The committee also considered an educator certification bill that would make it easier for out-of-state teachers to become certified in Texas without necessarily passing an exam.

As ATPE Lobbyist Kate Kuhlmann reported on Twitter, the Senate Education Committee also voted yesterday to give favorable approval to several Senate bills, many of which have been changed from their original versions that were filed: SB 653, SB 754, SB 1122, SB 1267, SB 1398, SB 1882, SB 2142, SB 2143, SB 2188, and SB 2270.

The House Public Education Committee held a full hearing for several bills on Tuesday and then met again yesterday for the purpose of voting on pending bills. As ATPE Lobbyist Mark Wiggins wrote for our blog, Tuesday’s agenda included hearing HB 306, known as David’s Law, to prevent cyber-bullying and harassment that encourages youths to commit suicide. ATPE testified in support of the bill, as we similarly supported the Senate version, SB 179, during a prior hearing by the Senate State Affairs Committee. Read Mark’s blog post for more on the bills that were heard and voted upon by the committee on Tuesday. During Thursday’s formal meeting of the same committee, members voted to send 11 additional bills to the full House for consideration. For a list of those bills, check out Mark’s follow-up blog post on Teach the Vote.

Next week, the House Public Education Committee is scheduled to meet again on Tuesday for consideration of several bills. The agenda includes bills pertaining to testing, instructional materials, pre-K, and Districts of Innovation. ATPE will be there to testify and will provide updates next week on Teach the Vote and on Twitter.

 


ThinkstockPhotos-462761867Both the House and Senate have announced which of their members will serve on a conference committee for the state’s budget bill. The two chambers recently passed competing versions of Senate Bill (SB) 1, which necessitates a conference committee of 10 members to try to iron out the differences and forge a compromise to keep the government in operation for two more years and avoid the need for a special session.

Announced first this week were the Senate conferees for SB 1: Senate Finance Committee Chairwoman Jane Nelson (R-Flower Mound), along with Sens. Lois Kolkhorst (R-Brenham), Joan Huffman (R-Houston), Charles Schwertner (R-Georgetown), and Juan “Chuy” Hinojosa (D-McAllen). On the House side, the conference committee appointees are House Appropriations Chairman John Zerwas (R-Fulshear), plus Reps. Trent Ashby (R-Lufkin), Oscar Longoria (D-Mission), Sarah Davis (R-Houston), and Larry Gonzales (R-Round Rock).

 


Football RefereeAlso this week, the Senate approved a measure known as the Tim Tebow bill, which requires the University Interscholastic League (UIL) to allow the participation of home-schooled students. SB 640 by Sen. Van Taylor (R-Plano) received the Senate’s approval on Wednesday by a vote of 23 to 8. The bill still has to be considered in the House.

ATPE has opposed SB 640 and similar legislation in previous sessions based on long-standing positions in the ATPE Legislative Program adopted each year by our members. Specifically, ATPE members object to letting home-schooled students participate in extracurricular activities without being held to the same standards as their public school counterparts, such as no pass/no play laws.

2-1_Advocacy_LegislativeProgram_REVISED

Related: The ATPE Legislative Committee will be meeting in Austin this weekend to review the ATPE Legislative Program and make recommendations for any changes to the House of Delegates. Learn more about the ATPE Legislative Program and our member-owned, member-governed philosophy here.

 

 


Recapping school finance day in the Senate Education Committee

Piggy bank with glasses and blackboardThe Senate Education Committee met yesterday to hear a number of bills dealing with funding for public schools. Top of the agenda was Chairman Larry Taylor’s (R-Friendswood) version of a bill to fix school finance, a bill that differs in approach from the House’s school finance measure, which has already made it out of committee and is scheduled to be debated on the House floor this afternoon.

Considerable attention has been paid to what the 85th Texas Legislature will do to fix the Texas school finance system since last year when the Texas Supreme Court determined that the system meets minimal constitutional standards but “is undeniably imperfect.” The court called on the legislature to fix the “byzantine” school finance system for Texas students; SB 2145 is Chairman Taylor’s attempt to do just that.

The bill is one developed and promoted by the Equity Center, a research and advocacy organization that exclusively focuses on school finance issues. It would take a more simplistic approach to funding Texas public schools by eliminating the current layers of hold harmless provisions and funding mechanisms not based on educational costs, instead rolling funding through the basic allotment that is based on educational cost drivers. The Equity Center offers a more in depth explanation of the plan here. ATPE supported SB 2145, as well as SB 2144, which creates a commission to study school finance in depth over the interim.

Another bill that garnered a lot of attention in yesterday’s committee hearing was a bill by Sen. Lois Kolkhorst (R-Brenham), SB 419, which would extend ASATR funding for an additional six years. ASATR is targeted state school funding set to expire this year. At the same time the legislature required school districts to compress their tax rate in 2006, the state added targeted funding, known as ASATR, as a hold harmless provision to ensure districts and students weren’t hurt by the tax cut. Fewer districts now rely on ASATR funding, but many still depend on it heavily.

The testimony on SB 419 was mixed. Several districts explained why they need ASATR funding to continue operating, often referring to lost resources for hiring teachers. Others argued that the targeted funding reduces overall funding issued through the state funding formulas and that the continued need for ASATR by some districts is a reflection of issues with the overall funding system. ATPE understands both angles, and ATPE Lobbyist Monty Exter testified that while we may need a short term fix to continue ASATR for those who depend upon it, lawmakers also need to focus on an overall fix that reduces the need of ASATR funded districts.

View the full agenda to see the list of bills heard in yesterday’s Senate Education Committee hearing.

School finance bill on its way to full House

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

HPE 03-28-17

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Today is the deadline for filing bills this legislative session, making it an exceptionally busy week at the Texas State Capitol. Here are stories you may have missed:


Gallery_03-06-17More than 400 educators visited the Texas State Capitol Monday for ATPE at the Capitol. Resolutions honoring ATPE were read in the Texas House and Senate by Rep. Dan Huberty (R-Kingwood) and Sen. Jose Rodriguez (D-El Paso) respectively as legislators greeted ATPE at the Capitol attendees dressed in red attire who were seated throughout the galleries above the two chambers. House_03-06-17ATPE members spent the day visiting with legislators and their staffs to discuss legislative priorities such as reducing standardized testing, funding educators’ healthcare needs, preventing private school vouchers, and opposing bills that would needlessly take away educators’ rights to deduct association dues from their paychecks.

On Sunday, ATPE at the Capitol attendees prepared for their meetings with lawmakers by learning more about pending bills and major education issues being debated by the 85th Legislature. John Kuhn, Superintendent of Mineral Wells ISD, delivered an opening keynote address highlighting the need for educators to keep their focus on what’s best for students, even while many lawmakers and wealthy business interests are pursuing reforms aimed at dismantling the public education system. Kuhn_03-05-17A key topic of Kuhn’s speech was the ongoing push for vouchers, which despite being called by many different names such as “education savings accounts” and “opportunity scholarships” are a way to convert a public trust into a private enterprise. Countering Lt. Gov. Dan Patrick’s oft-cited claim that “school choice is the civil rights issue of our time,” Kuhn called vouchers a “civil wrongs movement” and akin to “fool’s gold.”

Panel_03-04-17ATPE at the Capitol attendees also heard a presentation by ATPE lobbyists on our organization’s legislative priorities with tips on communicating with lawmakers both in person and using tools such as ATPE’s Advocacy Central. Another highlight of the event was the closing general session, which featured a question-and-answer session with a panel of legislators moderated by TWC/Spectrum News television host Karina Kling. The panel featured Sen. Larry Taylor (R-Friendswood) who chairs the Senate Education Committee, Rep. Dan Huberty (R-Kingwood) who chairs the House Public Education Committee, and Rep. Mary Gonzalez (D-Clint) who sits on the Article III Subcommittee for the House Committee on Appropriations. Their lively discussion covered topics ranging from the payroll deduction bills to the Teacher Retirement System and the state’s controversial new “A through F” accountability labeling system.

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ATPE state officers met with Speaker Straus Monday


The State Board for Educator Certification (SBEC) met last Friday, March 3, 2017. The board asked the Texas Education Agency (TEA) to step back on its interest in developing a new Pre-kindergarten through Grade 3 certificate for teachers. Learn more about the discussion and other SBEC items in this blog post by ATPE Lobbyist Kate Kuhlmann.

 


The House Public Education Committee has begun hearing a number of bills that could change the state’s belabored school finance system. The legislation includes House Bill (HB) 21, a new bill filed Monday by Rep. Dan Huberty (R-Kingwood) who chairs the committee. HB 21 aimes to infuse an extra $1.6 billion into public education over the next two years. ATPE Lobbyist Monty Exter testified in support of the bill and a few others during a hearing on Tuesday. In a show of support for the House members’ effort to address the complicated issue of school finance, Speaker of the House Rep. Joe Straus (R-San Antonio) stopped by the committee hearing. ATPE Lobbyist Mark Wiggins was also there and provided a complete report on our blog earlier this week.

Also this week, Chairman Huberty filed HB 22, a bill to modify the state’s controversial “A through F” accountability ratings for schools. In addition to delaying implementation of A-F, the bill would compress the number of domains from five to three and prevent schools from receiving a single overall grade. No hearing has been set yet for the bill.

With the passage of today’s 60-day mark for the legislative session, more bills will be eligible for floor consideration now, which includes Sen. Joan Huffman’s anti-educator SB 13 that has already made it out of a Senate committee and could be placed on the Senate’s floor calendar at any time. ATPE members are urged to visit Advocacy Central and send messages to their lawmakers about this legislation and several other bad bills being considered this session.

 


The Texas Senate on Wednesday approved a bill designed to curb inappropriate educator relationships with students and “passing the trash.” ATPE Lobbyist Kate Kuhlmann reports that among other things, Senate Bill (SB) 7 by Sen. Paul Bettencourt (R-Houston) would prohibit educators who are dismissed from their positions in one school district due to sexual misconduct from being hired at another district, a practice sometimes referred to as “passing the trash.” (ATPE testified in support of SB 7 in committee and offered more on the contents of the bill here.)

SB 7 was amended on the Senate floor this week to add a requirement that educator preparation programs offer training on the topic of misconduct. ATPE supported the addition of the training provision because we hear from educators that too often the topic of appropriate student boundaries and relationships goes unaddressed with students training to enter the education profession.

The Senate also added two amendments by Sen. Royce West (D-Dallas), which clarify reporting language for principals and ensure educators know how to respond when inappropriately approached by a student. Another floor amendment by Sen. Van Taylor (R-Plano) revokes the pensions of those educators convicted of certain felonies involving a student.

SB 7 passed the Senate unanimously, and all 31 senators signed on as co-authors of the legislation. The bill now goes to the House for consideration.

 


Also this week, the Senate Committee on State Affairs held a marathon overnight hearing on Senate Bill (SB) 6 by Sen. Lois Kolkhorst (R-Brenham), one of the session’s most controversial proposals to regulate bathroom usage policies of school districts, municipal governments, and other entities. The committee heard 13 hours of public testimony mostly from witnesses opposed to the bill, before voting 8-1 to send the measure to the full Senate. Sen. Judith Zaffirini (D-Laredo) was the only no vote. Those opposing the bill included all four of the state’s major teacher groups, the Texas Association of School Boards, and the Texas Association of School Administrators. Many education stakeholders believe the bill unnecessarily dictates policies that must be adopted by local school boards rather than providing for local control. SB 6 is another of Lt. Gov. Patrick’s top priorities for the 2017 legislative session.

 


Congress voted this week to freeze two ESSA regulations that had been finalized only recently by the Obama administration. The rules pertain to teacher preparation and accountability and are headed to President Trump’s desk for final repeal approval. ATPE Lobbyist Kate Kuhlmann has more on the anticipated repeal here.

 


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Texas House committee begins school finance discussion

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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