Federal Update: Obama education regulations likely to be repealed

medwt16002Two Obama administration rules involving teacher preparation and accountability are in the process of being scrapped. Last month, the U.S. House of Representatives voted to block recently finalized regulations involving teacher preparation and accountability, and the U.S. Senate did the same this week. The resolution to repeal the rules is now on its way to President Trump’s desk for final approval.

The teacher preparation rules were released in October after years of delay due to significant opposition from some stakeholders. The final version did include revisions to temper concerns, but the original proposal remained largely intact. The accountability rules were a piece of the much bigger set of regulations implementing the Every Student Succeeds Act (ESSA), and involved a much more contentious debate on the Senate floor. The Senate narrowly passed the repeal measure. (Eight Democrats joined Republicans in voting the repeal the teacher preparation rules, but no Democrats voted to dismantle the accountability rules and one Republican joined them in opposition.)

Proponents of scrapping the regulations say the rules represent federal overreach and fail to convey the intent of Congress. Critics of the repeal believe strong standards are needed in order to hold teacher preparation programs and schools accountable. President Trump is widely expected to sign the rule repeals.

Interestingly, the Congressional Review Act prohibits agencies from issuing new rules in “substantially the same form” without Congress passing a new law that explicitly allows them to do so. While the teacher preparation rules could be readdressed in a more timely manner, since Congress is due to rewrite the Higher Education Act, a new law pertaining to accountability is likely years out.

In the meantime, states will have to rely on statutory language of ESSA to remain compliant under the law. The timing of the effort to do away with these administrative rules interpreting ESSA has created some ambiguity for states that are currently in the process of developing their required state plans for implementing the federal law. Some states have already announced that they will proceed with ESSA state plans that were being developed in alignment with the regulations previously put out by the Obama administration, even though those regulations may no longer be in effect going forward.

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SBEC delays potential early childhood education certificate

SBECThe State Board for Educator Certification (SBEC) met last week for its first regular meeting of 2017. The board welcomed its newest member, Yes Prep’ alternative certification program Director Carlos Villagrana, and continued discussion on the Texas Education Agency’s (TEA) interest in developing a Pre-Kindergarten to Grade 3 Educator Certificate.

As we previously reported, TEA, through its Office of Early Childhood Education, began discussions with SBEC in December 2016 regarding internal interest in developing a new certificate dedicated to early childhood education. Following the December discussion, the board instructed TEA to (1) gather input from stakeholders on the new certificate and (2) explore the possibility of an early childhood endorsement that would be added to the existing Early Childhood through Grade 6 Certificate (EC-6), the current generalist certificate that would remain under either scenario.

TEA gathered input via a public survey tool and through conversations with stakeholders. When the data from the survey was presented to SBEC at last Friday’s meeting, members of the board expressed frustration over the fact that the survey and subsequent discussion failed to involve consideration of an endorsement, instead focusing solely on the potential new certificate.

Early Childhood EducationOne board member also highlighted that data from the survey showed that the majority of respondents expressed some level of concern with offering a new Prekindergarten-Grade 3 Certificate in addition to the current EC-6. Public testifiers were largely in support of the discussion to offer more specific and focused training to educators of early childhood educators, but several expressed concerns with the additional certification. I previously outlined some of the concerns based on historical context here.

Ultimately, SBEC instructed TEA to take a step back in order to gather better information and stakeholder input on both options. The item will be back before the board at its next meeting in June.

 

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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.

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

ATPE members are heading to Austin this weekend to advocate for their profession. Here’s a look at the current climate for education policy and politics in Texas:


With voucher interest on the rise in Washington, DC, all signs point to public opinion in Texas being mixed, at best, about the idea of privatizing education. More Texans seems to have insurmountable concerns about using public tax dollars to fund private or home schools, whether the objection is the lack of accountability on the part of those entities, the belief that public schools will suffer from a reduction in their funding, or the fear that vouchers will lead to government intrusion into private institutions that have not historically had to worry about being regulated.

This week on our blog, ATPE Lobbyist Kate Kuhlmann shared information about two voucher bills filed at the federal level. Both the proposed “Choices in Education Act of 2017” (H.R. 610) and the “Creating Hope and Opportunity for Individuals and Communities through Education Act” or CHOICE Act (S. 235) have members of the Texas congressional delegation as cosponsors. Also, President Trump has voiced clear support for funding vouchers at the federal level.

Kuhlmann and Sampley at Tribune 02-28-17

ATPE Lobbyist Kate Kuhlmann and Humble ATPE member Gayle Sampley attended Tuesday’s Texas Tribune interview with Rep. Dan Huberty.

In Texas, however, the outlook for vouchers is darker. On Tuesday, ATPE helped sponsor the Texas Tribune‘s interview with Rep. Dan Huberty (R-Kingwood), who chairs the House Public Education Committee. Asked about the likelihood of voucher bills being considered this session, Huberty expressed his belief that vouchers are a dead issue on the House side, as noted in this week’s blog post by ATPE Lobbyist Mark Wiggins. (Click here for video of the exchange between Huberty and the Texas Tribune’s Evan Smith.)

Huberty’s remark drew ire from supporters of the so-called “school choice” legislation that both Lt. Gov. Dan Patrick and Gov. Greg Abbott have prioritized this session. Pro-voucher groups like Texans for Education Opportunity have been using robo-calls and letters to try to urge House members to take a vote this session on vouchers, and now they are hoping to convince the state’s Republican Party to discipline Chairman Huberty over his anti-voucher sentiments.

Also this week, Rep. Ron Simmons (R-Carrollton) held a press conference with a gaggle of other state representatives to tout his House Bill 1335 that would fund vouchers for at-risk students or those with special needs through an Education Savings Account (ESA). That bill has already been referred to the House Public Education Committee, which Huberty chairs.

The voucher debate is one of several high-profile education issues being discussed today during another event hosted by the Texas Tribune. In Houston, both Chairman Huberty and Senate Education Chairman Larry Taylor (R-Friendswood) are participating in “A Symposium on Public Education,” where their differing views on vouchers are being showcased. Huberty and Taylor will have a chance to debate the issue again on Sunday when the two of them will sit on a panel of legislative leaders speaking during ATPE at the Capitol.

Stay tuned to Teach the Vote next week for an update.

 


SBECThe State Board for Educator Certification (SBEC) is meeting today in Austin. The agenda includes a discussion of the possibility of adding a new certificate for teachers of early childhood education. As we reported on our blog recently, the Texas Education Agency solicited input from stakeholders about the idea and will share the results of those surveys at today’s meeting. ATPE Lobbyist Kate Kuhlmann is there and will have a detailed report for our blog after today’s SBEC meeting.

 


On Tuesday, the House Public Education Committee conducted an initial hearing on school finance. ATPE Lobbyist Mark Wiggins wrote a summary of the hearing, which featured invited testimony from panelists representing several school districts. The committee will be meeting again next Tuesday, March 7, to hear a handful of bills pertaining to school funding mechanisms. Chairman Dan Huberty (R-Kingwood) has also announced that he will introduce a new school finance bill on Monday. Huberty and Sen. Larry Taylor (R-Friendswood) who chairs the Senate Education Committee report that they are working together to craft some ideas for improving the state’s school finance system, but they also concede that it will likely take multiple legislative sessions to solve the current problems.

 


Donna Bahorich

Donna Bahorich

This week, the Texas Senate Committee on Nominations had an opportunity to review the performance of Texas Commissioner of Education Mike Morath and State Board of Education (SBOE) chairwoman Donna Bahorich. Bachorich is an elected member of the SBOE but has been appointed by Gov. Greg Abbott to serve as the board’s chair. The commissioner is an appointed position.

Chairwoman Bahorich and Commissioner Morath both gave testimony before the Senate Nominations Committee yesterday in support of their respective confirmations. Both were fairly well received by the committee members.

Chairwoman Bahorich in particular, who has chaired the board through one of its least contentious periods in recent memory, received a warm reception with only short positive interactions from the senators and no opposition from public testifiers.

While receiving plenty of support from the committee members, Commissioner Morath drew tougher questions from multiple senators on the new A-F accountability system. Additionally, the commissioner drew much more criticism from the public on issues as diverse as special education, hiring decisions at the Texas Education Agency that he oversees, and his own qualifications and appointment process.

While both nominations were left pending in the committee, there is no indication that either appointee will face any serious opposition in the Senate to getting confirmed this session.

 


ATPE at the Capitol squreSunday and Monday, hundreds of ATPE members are traveling to Austin for ATPE at the Capitol, our biennial political involvement training and lobby day event. Sunday’s agenda includes networking opportunities and training sessions for ATPE members on legislative issues; an opening keynote presentation by Superintendent John Kuhn; and a panel discussion with Sen. Larry Taylor (R-Friendswood), Rep. Dan Huberty (R-Kingwood), and Rep. Mary Gonzalez (D-Clint) to be moderated by TWC/Spectrum News host Karina Kling. On Monday, ATPE members will visit the Texas State Capitol for meetings with their legislators to discuss issues such as education funding, testing and accountability, privatization, healthcare, and anti-educator bills prohibiting payroll deduction for association dues.

 


 

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Texans in Congress support federal voucher bills as Trump continues privatization push

United States Capitol BuildingIt probably comes as no surprise to Texans that federal voucher bills are being filed in the U.S. Congress after President Donald Trump campaigned on a $20 billion voucher plan promise. He continued to promote such a plan last night during his first speech to Congress. However, Texans might be surprised to learn that some of their elected representatives are jumping on board as supporters of these pieces of legislation.

Texan serves as original co-sponsor on House voucher bill

A bill termed the “Choices in Education Act of 2017” was filed in the U.S. House recently with Texas Rep. Pete Olson (R-Sugar Land) as an original co-sponsor of the legislation. H.R. 610 would create a federal voucher program and repeal the Elementary and Secondary Education Act of 1965, which was most recently amended by and is commonly referred to as the Every Student Succeeds Act (ESSA). Instead, the Department of Education’s (ED) authority would be limited to awarding block grants to states that legalize vouchers and follow the federal voucher program requirements.

The “Choices in Education Act” voucher would work like this:

  • ED would distribute block grants to qualified states.
  • States would distribute that money to districts based on the number of eligible school children within each district.
  • Districts would be responsible for distributing a portion of their funds to parents who choose to enroll their child in a private school or home-school their child. The amount distributed would be equal to the per-student federal funding in each state. Districts would be responsible for distributing funding in a way that ensures money is spent on “appropriate educational expenses.”

Both Texas senators co-sponsor Senate voucher bill

In the U.S. Senate, Senator Tim Scott (R-SC) has a voucher bill (S. 235) called the “Creating Hope and Opportunity for Individuals and Communities through Education Act” or the CHOICE Act. Both Texas Senators John Cornyn and Ted Cruz have signed on as cosponsors.

The “Choice Act” has three parts:

  1. The bill would expand eligibility for the “D.C. Opportunity Scholarship Program,” the federally funded voucher program that distributes funding to students in the District of Columbia only.
  2. The bill would make funding under the Individuals with Disabilities Education Act (IDEA) portable, meaning qualified students could take their portion to the private or public school of their choice. It would also provide states seed money for establishing a special education voucher program.
  3. The bill would create the Military Scholarship Program, allowing students living on military bases to use a voucher at the private or public school of their choice. Students would be eligible for the combined cost of tuition, fees, and transportation, with an $8,000 cap for elementary students and $12,000 for secondary students.

White House continues push but offers no details

The White HouseLast night during his prime time speech to a joint session of Congress, his first time to address the body, President Donald Trump reiterated his support for vouchers and called on Congress to pass a bill that funds “school choice for disadvantaged youth.” He didn’t offer additional details on such a plan, adding that ”families should be free to choose the public, private, charter, magnet, religious, or home school that is right for them.”

It has been reported that the White House is considering a tax credit scholarship approach, something neither of the above bills would offer. Again, details on the type of federal tax credit scholarship President Trump might be considering have not been released. (Check out an example of a tax credit scholarship in our post on Lt. Gov. Dan Patrick’s voucher bill being considered here in Texas.) In short, tax credit scholarships give taxpaying entities or individuals a break on their taxes in exchange for donations to a voucher fund. The fund is then used to provide vouchers for students to attend private schools or to fund a home-school education. During his campaign, President Trump campaigned on a promise to redirect $20 billion dollars in federal spending to a voucher program.

 

17_web_Spotlight_AdvocacyCentral_1ATPE members can alert their federal representatives of their opinions on these and other federal voucher bills by logging on to Advocacy Central.

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Huberty leads House committee in school finance talks, dismisses vouchers

The Texas House Public Education Committee met today, Feb. 28, to take up the weighty subject of school finance, which is a priority item for House leadership under Speaker Joe Straus (R-San Antonio). The lengthy hearing featured invited testimony from 24 witnesses, including state agencies, school districts and organizations focused on school finance.

Dan_Huberty_HD127_2016pic

Dan Huberty

To kick off the hearing, Chairman Dan Huberty (R-Kingwood) rattled off a number of statistics related to public education.

The state added 69,175 students in fiscal year 2016, and is projected to add 75,824 students in 2017 and another 81,796 students in 2018. Out of 320 charters awarded by the state, 176 remain active while 144 have closed. A total of 241,336 students are enrolled in charter schools and 228,774 are enrolled in private schools.

Of the state’s 1,024 public school districts, 241 paid recapture for 2015. The Texas Education Agency (TEA) estimates 229 will pay recapture for 2016, and the number is expected to increase to 264 by 2019. In fiscal year 2016, 249 districts received Additional State Aid for Tax Reduction (ASATR) at a cost of $340 million. If ASATR is allowed to remain in effect, TEA estimates 156 districts would receive payments in fiscal year 2018 at a cost of $200-250 million.

A total of 156 bills have been referred to the House Public Education Committee thus far this session, and the committee anticipates receiving another 131 bills that have been filed and are awaiting referral. The House budget, House Bill (HB) 1, includes $44 billion in all funds for the Foundation School Program (FSP) for fiscal year 2017-18, including a $1.5 billion increase in public education funding contingent upon school finance reform.

Huberty at Tribune interview 02-28-17Before presiding over today’s committee hearing, Chairman Huberty participated in an early morning discussion hosted by the Texas Tribune and sponsored in part by ATPE. There, Huberty told Texas Tribune executive director Evan Smith that school finance reform could take two to three sessions to complete. He also confirmed the Senate’s voucher proposals are dead in the House. Huberty pointed out that Texas already has robust “school choice” in the form of charters, magnet schools, public school transfers, and other options. The chairman emphasized that handing out public tax dollars to private ventures without any accountability is at odds with conservative principles.

Committee testimony began Tuesday afternoon with a brief rundown of the laws and legal decisions impacting public education funding. For example, the Cost of Education Index (CEI) has not been significantly changed since 1990. Of critical relevance to school finance discussions, the Texas Constitution prohibits a statewide property tax. TEA general counsel Von Byer testified that while the state can rely on local property taxes to help fund schools, it can’t set up a system where the state directly controls that property tax.

House leaders have wisely pointed out the see-saw relationship between state and local funding for schools. As the share of public education funding provided by the state has steadily declined over the years, local property taxes have risen in order to make up the difference. Chairman Huberty repeatedly pointed out that meaningful property tax relief is necessarily contingent upon the state taking the burden back from local districts.

The majority of testimony focused on districts representing a variety of financial challenges. The committee heard from Dallas ISD, which is about to enter recapture while facing a concurrent drop in enrollment. The state’s largest district, Houston ISD, faces a looming $160 million recapture payment, despite serving a historically impoverished student population. The district has already cut $40 million of that from classrooms, including cuts to teachers, tutoring programs, nurses, librarians, social workers, and counselors.

Houston ISD recommended the committee increase the basic allotment, count full-day pre-K students in weighted average daily attendance (WADA), restore the transportation allotment for all Chapter 41 districts, include the homestead exemption in the school funding formula, and allow districts a mechanism to reattach real property detached by TEA in order to meet wealth equalization requirements.

Austin ISD, which is scheduled to pay the state’s largest recapture payment of $536 million next year, noted that the state relies on district recapture payments to reduce its funding responsibility by $2 billion. As property values and inflationary costs increase, the state – not districts – benefits. Austin ISD suggested lawmakers tie property value increases to an increase in the basic allotment, update the CEI, allow Chapter 41 districts to receive the transportation allotment, include full-day pre-K in WADA, and increase the number of “golden pennies” of taxing capacity exempt from recapture available for local districts.

Other district administrators testified regarding the myriad issues facing public schools, including rapid growth that in many cases outpaces available facilities funding, growing populations of students with special needs and English Language Learners, and an increasing proportion of low-income students locked in generational poverty.

HPE02-28-17Representing fast-growth school districts, Denton ISD superintendent Jamie Wilson recommended increasing funding under the New Instructional Facilities Allotment (NIFA), as well as options to provide more flexibility when it comes to setting local tax rates. The South Texas Association of Schools advised against structural changes to the school finance system, but encouraged lawmakers to allocate the additional $1.5 billion under HB 1 toward the basic allotment and commit to educational cost studies during the interim.

KIPP Public Charter Schools co-founder Mike Feinberg testified that public charter schools receive less per-pupil funding than traditional schools, which is often offset by fundraising, financing, or both. Feinberg fielded questions regarding student due process, the accuracy of much-touted wait list numbers, and the state’s liability for charters that have accessed bonds backed by public tax dollars. Huberty notably inquired how quickly charters would be able to expand if additional facilities funding were made available, and hinted at a role for future charters focused on special needs populations.

Gary VanDeaver

Gary VanDeaver

Rep. Gary VanDeaver (R-New Boston) inquired several times as to the effect on state funding if a student who is new to Texas were to choose a charter school as opposed to a traditional public school. The question received varying answers, with witnesses noting that funding levels vary from district to district.

Among those working on an overall plan to simplify the system, Ray Freeman with the Equity Center outlined a proposal to stabilize and streamline funding through a single-sentence formula. Pursuant to a system overhaul, Freeman indicated lawmakers may desire a transition plan funded through a budget line item.

Vice-chairman Diego Bernal (D-San Antonio) noted that as demographics shift and wealth inequality deepens, the “average student” of today looks different from that of years past. More than half of Texas students are Hispanic and 59 percent are economically disadvantaged. Considering these changes, Bernal suggested lawmakers may want to reassess some funding methods based on certain special populations in favor of reorienting the system as a whole.

The hearing concluded with testimony from organizations whose advocacy is not limited to the public education realm. Huberty sharply questioned a representative from the pro-voucher Texas Public Policy Foundation over why voucher supporters oppose any accountability for public tax dollars diverted to private institutions.

The committee will begin considering specific school finance-related legislation when it meets next Tuesday, March 7. Stay tuned to Teach the Vote for updates.

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Teach the Vote’s Week in Review: Feb. 24, 2017

Here’s a look at the week’s education news stories from ATPE:


Sen Ed Teacher MisconductThe Senate Education Committee met yesterday to look at two educator misconduct bills involving inappropriate relationships with students and “passing the trash.” ATPE Lobbyist Kate Kuhlmann testified in support of the bills.

Senate Bill (SB) 7 by Sen. Paul Bettencourt (R) and SB 653 by Sen. Van Taylor (R) would prohibit educators who are dismissed from their positions in one school district due to sexual misconduct from being hired at another district, an act sometimes referred to as “passing the trash.” The bills would also require more ongoing education for educators on the subject, add reporting requirements for principals, require that schools develop an electronic communication policy, and further penalize associated misconduct.

In her testimony, Kuhlmann highlighted the importance of ongoing education, beginning in educator preparation programs and continuing throughout educators’ careers, and the work ATPE does to educate both future and active educators about maintaining appropriate boundaries and relationships with students. While she reminded Senators that an extremely small percentage of educators in Texas account for such misconduct, she stated that ATPE knows one incident is too many and is committed to being a part of the solution.

Discussion during the hearing did raise the need for some additional clarity with regard to certain language in the bill. For more, watch an archived recording of the hearing here.

 


HPE02-21-17The House Public Education Committee held its first hearing of the session on Tuesday, taking invited testimony only. The committee announced plans for upcoming hearings on school finance, to be followed by an examination of accountability, including the controversial “A through F” labeling system that was adopted last session for campuses. Read more about Tuesday’s hearing in this blog post from ATPE Lobbyist Mark Wiggins.

 


Girl showing bank notesATPE weighed in this week on discussions for education-related items in the state budget. ATPE Lobbyist Monty Exter testified before the Article III Subcommittee of the House Committee on Appropriations on Monday. In addition to school finance and the need to fund pre-Kindergarten programs, Exter also discuss the looming problem of healthcare affordability for education employees. The Teacher Retirement System board of trustees is also gathering this week to discuss similar issues. Read more in Exter’s most recent blog post for Teach the Vote.

 


FU5A8792_SB13hearing-crop1The fight to protect educators’ voices continues at the Texas Capitol, where ATPE continues to monitor two anti-teacher bills that would restrict educators’ control over their own paychecks while protecting other groups of public employees.

After forceful testimony in opposition by ATPE members, the Senate State Affairs Committee nonetheless advanced Senate Bill 13 by state Sen. Joan Huffman (R-Houston) last week by a vote that split along party lines. Sens. Bryan Hughes (R-Mineola), Brian Birdwell (R-Granbury), Brandon Creighton (R-Conroe), Jane Nelson (R-Flower Mound) and Charles Schwertner (R-Georgetown) joined Huffman voting in favor of the bill. Sen. Craig Estes (R-Wichita Falls), who expressed concern earlier in the week over the bill’s unequal treatment of educators, was absent for health reasons and unable to vote. Due to Senate rules, the earliest SB 13 is likely to be heard on the Senate floor is March 10.

On the other side of the Capitol, the companion House Bill 510 by state Rep. Sarah Davis (R-West University Place) was referred to the House State Affairs Committee, where the payroll deduction bill was unable to gain the traction needed to advance last session. No hearings have been scheduled so far.

17_web_Spotlight_AdvocacyCentral_1It is critical that ATPE members continue to contact your legislators through Advocacy Central and voice your opposition to both SB 13 and HB 510. The best way to fight these teacher-bashing bills is to join us March 5 and 6 for ATPE at the Capitol Day and visit your legislators in person!

 


Today is the last day to submit input to the Texas Education Agency (TEA) on the potential addition of a new Pre-Kindergarten to Grade 3 Educator Certificate, which would be offered in addition to the Early Childhood-Grade 6 Core Subjects Certificate currently administered by the agency. For more information and historical context on the topic, revisit ATPE Lobbyist Kate Kuhlmann’s post here. The survey can be accessed here.

 


Next week, stay tuned to Teach the Vote for the latest updates from the 85th legislative session, as well as the upcoming March 3 meeting of the State Board for Educator Certification. ATPE Lobbyist Kate Kuhlmann will also have an article about new efforts at the federal level to fund private school vouchers. We’re also gearing up for our lobby day and political involvement training event known as ATPE at the Capitol on March 5-6, 2017. ATPE members can find the complete schedule and updates on the event here.

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House committee hears from ATPE, others on education funding challenges

Dollar fanThe House Appropriations committee began meetings this week for its subcommittees assigned to work on various parts of the Texas state budget. This includes the Article III Subcommittee, which covers education funding and began taking testimony on Monday, Feb. 20. The subcommittee’s first day agenda involved looking at funding for the Texas Education Agency (TEA), including the Foundation School Program; the Teacher Retirement System (TRS), including both pension and health insurance funds; the state schools for the visually impaired and the deaf, the Windham School District; and community and junior colleges.

After the Legislative Budget Board (LBB) laid out the budget documents on TEA and the Foundation School Program, the committee heard from Texas Commissioner of Education Mike Morath. Commissioner Morath began by thanking the committee and restating his dedication to the goal of improving student outcomes for all students. The commissioner then laid out his agency’s priorities beginning with ensuring and improving teacher quality as the “most important in-school factor” in a student’s education outcomes. Next, Morath addressed the agency’s second key priority to promote a strong foundation in reading and math, and spoke about the affect of achieving this goal on closing the achievement grant. To facilitate this goal, the commissioner talked about continuing to push for expanding high quality pre-K. He also promoted TEA’s goal to scale the math innovation zones program statewide. The agency’s third priority is to connect K-12 education to higher education and career opportunities. The next priority is to improve struggling schools, Morath explained. He reported that TEA is working to do this through systemic system-wide improvements. In addition to budget items tied to the agency’s larger priorities, Morath also addressed specific targeted budget requests like funding the E-rate match to complete the build-out of statewide broadband access.

Early Childhood EducationThe Commissioner was well received by the subcommittee. The majority of questions to the commissioner from committee members tended to focus on supporting pre-K. In responding to an offshoot of this questioning, the commissioner indicated that the State Board for Educator Certification will likely institute a new certificate for grades EC-3 that would be more focused on early childhood education.

Later in the hearing, the committee heard from TRS Executive Director Brian Guthrie. Guthrie gave brief remarks about the overall performance of the TRS trust fund before turning to the more pressing issue of the billion dollar shortfall in the TRS-Care fund. He impressed upon the committee that TRS has done everything it can do internally to control costs without legislative action. On TRS-Care the plan laid out to the House budget committee would include a “shared pain” approach where the state would cover half of the cost of the shortfall, retirees would cover 25 percent of the costs, and districts and active teachers would each cover 12.5 percent of the cost. While this plan is more generous than what has already been laid out in the Senate, it still puts additional pressure on active teachers, many of whom are drowning in the cost of their own health insurance premiums. Additionally, the strategy laid out did not contemplate changing the state paid formula for TRS-Care, which is currently set at 1 percent of payroll for all school districts statewide. The TRS board of directors is also meeting this week.

After hearing from LBB and invited witnesses, the Article III subcommittee took public testimony, including testimony from ATPE. Our testimony focused on the need to address active teacher health care costs through additional state funding, not just a denigration of benefits; the benefits of closing the education gap early in a student’s career thorough pre-K; and finally the need to address equity through more appropriately funding students based on their needs, individually and at the campus level.

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House Public Education Committee convenes first meeting

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The House Public Education Committee met at the Texas State Capitol on Feb. 21, 2017. The committee heard invited testimony only.

The House Public Education Committee held its first meeting of the 2017 legislative session today, Feb. 21. Newly-appointed chair Rep. Dan Huberty (R-Kingwood) began the hearing by appointing state Rep. Ken King (R-Canadian) chair of the Subcommittee on Educator Quality, where he is joined by Rep. Alma Allen (D-Houston) as vice-chair and Reps. Harold Dutton (D-Houston), Morgan Meyer (R-Dallas), and Gary VanDeaver (R-New Boston).

Chairman Huberty kicked off the hearing by noting the committee’s efforts to address school finance during the interim. After the Texas Supreme Court ruled the current system “lawful but awful,” according to Huberty, the committee spent much of 2016 working on fixes under the leadership of then-outgoing Public Education Committee chair Jimmie Don Aycock (R-Killeen) and Appropriations chair John Otto (R-Dayton).

Notably, Huberty vowed the committee would get to work on school finance early, and suggested the topic would be the focus of hearings during the next two to three weeks.

Texas Education Agency (TEA) Commissioner Mike Morath briefed the committee on agency operations and priorities. The agency currently serves roughly 5.3 million students and oversees $56 billion in funds. About 348,000 teachers are employed across 8,685 campuses. Texas boasts an 88 percent high school graduation rate, despite serving a student body that is almost 60 percent economically disadvantaged.

Morath highlighted a brief list of priority initiatives, including an agency “lesson study” initiative – a professional development tool used to develop best approaches to individual Texas Essential Knowledge and Skills (TEKS) components – as well as high-quality pre-kindergarten, math innovation zones, and rolling out the “A through F” accountability system.

Chairman Huberty pressed the commissioner on several areas of recent interest, beginning with informal “caps” on special education enrollment unveiled by a Houston Chronicle investigation. Morath told the chairman the special education performance indicator at issue had “outlived its usefulness.” House Bill 363 filed this session by Huberty would require TEA to cease using the indicator. Morath assured the chair, “If for some reason it doesn’t pass, we’re going to do it anyway.”

Chairman Huberty also asked the commissioner about TEA’s interaction with testing vendor Educational Testing Service (ETS) over faulty STAAR tests. Morath said the agency has imposed financial penalties on ETS. Continuing on the testing subject, Huberty prodded Morath on efforts to shorten the STAAR test as required by Huberty’s House Bill 743 from the 2015 legislative session. Morath indicated the process of creating a shorter test has cost the agency more than anticipated, and teachers may not have been provided adequate practice time with testing changes.

In response to Huberty’s inquiry regarding Districts of Innovation (DOI), Commissioner Morath testified that 105 districts have applied for DOI status thus far. According to the commissioner, the most popular exemptions are from teacher certification requirements, the first day of instruction, and class-size limits.

With regard to charter schools, Morath told the committee the state currently hosts 178 public charter entities, which operate a total of 603 campuses and serve roughly 245,000 students – about five percent of the total student population. A total of 22 entities have had their charters revoked, and seven have been non-renewed.

Chairman Huberty pointed out the state has not reached the charter cap and is not in danger of doing so. Rep. VanDeaver, a former superintendent, noted that in districts forced to pay recapture such as Houston ISD, the state pays more to educate a student in a charter school than in a public school.

Finally, the committee received a briefing from Comal ISD Superintendent Andrew Kim, who chaired the Texas Commission on Next Generation Assessments and Accountability. The 15-member commission was convened as a result of House Bill 2804 in 2015, and delivered a report to the legislature in August 2016, which included nine final recommendations for new systems of student assessment and public school accountability. You can read the commission’s full report here.

Chairman Huberty concluded today’s hearing by announcing that the committee will begin school finance discussions at the next meeting. The committee will hear from school districts when it meets again next Tuesday, and school finance bills will be posted for hearing the following week. Once those bills are voted out, Huberty said the committee will take up accountability issues, including A through F.

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Rep. Dan Huberty

Related: House Public Education Committee Chairman Rep. Dan Huberty will be one of our legislative panelists for ATPE at the Capitol, our upcoming political involvement training event exclusively for ATPE members on March 5, 2017.

 

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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.

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