Tag Archives: accountability

Teach the Vote’s Week in Review: Sept. 15, 2017

Catch up on the latest education news this week from the ATPE Governmental Relations team:

 


ATPE Lobbyist Monty Exter snapped a photo with Rikki Bonet, an ATPE member serving on the SBOE Long-Range Plan Steering Committee, Sept. 12, 2017.

ATPE Lobbyist Monty Exter visited with Rikki Bonet, an ATPE member serving on the SBOE Long-Range Plan Steering Committee, Sept. 12, 2017.

The State Board of Education (SBOE) met this week in Austin. ATPE Lobbyist Mark Wiggins attended all the proceedings and reported on them for our blog here and here. The board took steps to implement changes made by legislation earlier this year, such as a bill to allow certain computer science courses to satisfy other core curriculum requirements. SBOE members also heard an update from Commissioner of Education Mike Morath about the impacts of Hurricane Harvey on schools and students.

One day prior to the board’s meetings, the SBOE’s new Long-Range Plan Steering Committee held its first meeting on Tuesday, Sept. 12. Read about the committee and its initial discussions in this blog post from earlier this week.

 


As Texans deal with the aftermath of Hurricane Harvey, Texas House Speaker Joe Straus (R-San Antonio) has directed some legislative committees to study issues connected to the deadly storm. In new hurricane-related interim charges released this week, Speaker Straus is directing the House Committees on Appropriations, Natural Resources, and Public Education to hold hearings to study and make recommendations to help the state deal with the effects of the storm. The Public Education Committee will discuss the issues of displaced students, financial losses for schools, and avoiding punitive accountability outcomes as a result of the storm. For more on the interim charges, check out this week’s blog post from ATPE Lobbyist Kate Kuhlmann.

ATPE members are reminded of resources available on our Hurricane Harvey page. Find additional hurricane-related information on the TEA website here.

 


This week ATPE learned of an e-mail phishing scam that is targeting educators around the state. ATPE and the Texas Education Agency both issued warnings on Sept. 14, 2017, urging educators not to respond to the fraudulent emails, which falsely claim to be generated by ATPE and TEA. The emails are geared toward collecting sensitive, personal information from individual teachers, and they claim to offer participants a chance to attend an expense-paid workshop hosted by ATPE and TEA, which does not exist. The agency quickly issued a press release warning that the emails are illegitimate and not being sent by TEA or ATPE. For our part, ATPE sent a warning out to all of our members in yesterday’s e-newsletter. Read TEA’s press release here.

 


 

Teach the Vote’s Week in Review: Sept. 8, 2017

Here’s this week’s education news wrap-up from ATPE:

 


Drugs and MoneySignificant changes are coming soon for participants in the Teacher Retirement System (TRS) healthcare program. In case you missed our coverage during Hurricane Harvey, the TRS Board of Trustees met last week to adopt changes to the TRS-Care health insurance plan for retirees. Read more about the changes here. Video of the Sept. 1 TRS board meeting is also available for viewing here. TRS staff have also announced a schedule of workshops to help retirees understand the changes coming in January to TRS-Care. Learn more in today’s blog post from ATPE Lobbyist Monty Exter.

 


ATPE members and other educators affected by Hurricane Harvey are encouraged to check out our Hurricane Harvey resources page for answers to questions and links to additional information. This week, Commissioner of Education Mike Morath announced that certain schools and districts within the disaster areas would be granted an extension of time to file appeals to 2017 academic and financial accountability ratings. Find additional information on the TEA website here.

 


SBOE logoThe State Board of Education (SBOE) is scheduled to meet next week in Austin. Click here for the agenda for Wednesday, Thursday, and Friday meetings of the board and its committees. Ahead of that meeting, Tuesday, Sept. 12, will be the first meeting for the newly announced SBOE Long-Range Plan Steering Committee. The committee will discuss the purpose and scope of the long-range plan and look at sample plans during the initial meeting. Learn more about the steering committee here. The ATPE lobby team will have coverage of all these meetings here on Teach the Vote and on Twitter next week.

 


 

Deadline extended for public input on Texas ESSA plan

ThinkstockPhotos-476529187-hourglassToday’s deadline for members of the public to comment on Texas’s draft state plan for compliance with the Every Student Succeeds Act (ESSA) has been extended.

After seeking an extension from the federal government, Texas Education Agency (TEA) officials announced today that the public comment period will remain open until the close of business this Friday, Sept. 1, 2017. TEA will submit its state plan to the U.S. Department of Education on Sept. 25.

For more on the content of the draft state plan to comply with the federal education law, check out this earlier blog post from ATPE Lobbyist Kate Kuhlmann. View the draft state plan in its entirety here. Submit your comments this week to TEA via email to essa@tea.texas.gov.

Teach the Vote’s Week in Review: Aug. 25, 2017

Welcome back to school, educators! Here’s this week’s ATPE wrap-up of education news:

 


TRS logoTRS has posted info on its website and social media telling plan participants in areas affected by Hurricane Harvey that they can fill prescriptions in advance of the storm.

Both CVS Caremark and Express Scripts are allowing one-time emergency refills of medications for those in areas affected by the hurricane.

The article on TRS’ website informing participants they can pick up medications in advance of the storm and which provides the PBMs’ phone numbers can be found here.

Participants with questions about how to access prescriptions, can contact TRS pharmacy benefit managers at the following numbers:

• Active employees: CVS Caremark 1-800-222-9205 (option 2)
• Retirees: Express Scripts 1-877-680-4881

TRS participants can get to the article from the “What’s New” section of the TRS homepage and from the health care news main page.

 


Retirement planning written on a notepad.The board of trustees of the Teacher Retirement System (TRS) was scheduled to meet today for the first time following the conclusion of the 85th legislature’s special session. However, the meeting has been postponed until Sept. 1 on account of Hurricane Harvey and the inability to secure a quorum.

To learn more about changes the board is expected to consider for TRS-Care when it meets next week, check out this recent post from ATPE Lobbyist Monty Exter.

 


ATPE Input on the Texas ESSA Plan_FINAL_Page_1As we reported yesterday, ATPE has submitted formal input this week on the draft Texas state plan for ESSA compliance recently shared by the Texas Education Agency (TEA). Click here to read ATPE’s feedback, prepared by ATPE Lobbyist Kate Kuhlmann, which focuses on aspects of the federal such as student assessment, setting long-term performance goals for students, and analyzing school climate as a quality indicator.

 


tea-logo-header-2This week, TEA also announced the availability of a new Equity Toolkit to help school districts comply with ESSA requirements to submit equity plans reporting on whether low-income students and students of color are served at disproportionate rates by “ineffective, inexperienced, or out-of-field teachers” in the district. Learn more about the toolkit in this blog post from ATPE Lobbyist Mark Wiggins.

 


ATPE state officers and staff have been talking to the media about the 85th legislature recent special session and how educators feel about issues heading into the 2018 election season.

Jennifer Canaday

Jennifer Canaday

A guest editorial by ATPE Governmental Relations Director Jennifer Canaday was published this week by both the Houston Chronicle and the Austin American-Statesman. In her piece entitled “Maybe it’s time for a legislative gap year,” Canaday writes about the legislature’s decision not to make any major changes to the state’s school finance system in a way that would also provide local property tax relief. “The Legislature, unfortunately, punted on an opportunity to make structural changes to our beleaguered school finance system, opting to study the issue for two more years,” writes Canaday. “Like a seventh- or eighth-year college student still living at home, at some point the Texas Legislature must complete its studies and start working on the real job of fixing what is broken.”

Tonja Gray

Tonja Gray

The legislature will instead appoint a new commission to study and recommend improvements to the school finance system. ATPE State Secretary Tonja Gray spoke to reporters with KTXS in Abilene  about the commission and about her experiences testifying at committee hearings during the regular and special sessions. Gray said she was happy to see the legislature’s passage of a measure to provide additional funding for retired teachers’ healthcare needs.

Gary Godsey

Gary Godsey

Byron Hildebrand

Byron Hildebrand

ATPE State Vice President Byron Hildebrand and ATPE Executive Director also taped an appearance for the debut episode of “In Focus,” a new public affairs program produced by Spectrum News Austin and Spectrum News San Antonio. Local viewers can catch the program at 9:30 am on Sunday mornings beginning Sept. 3, 2017. For a sneak preview, check out this clip featuring Hildebrand discussing retired teachers.

 


 

TEA launches Equity Toolkit for school districts

The Texas Education Agency (TEA) announced a new set of online resources this week aimed to assist districts in submitting Equity Plans as required by the Every Student Succeeds Act (ESSA). The federal law passed in 2015 requires schools receiving Title I funding to determine whether low-income students and students of color are served at disproportionate rates by “ineffective, inexperienced, or out-of-field teachers,” and to address any inequities.

The agency is accepting submissions for Texas Equity Plans from September 1 through November 1. The deadline is designed to encourage districts to develop their plans as part of their annual improvement planning process. To make things easier, TEA has launched the Texas Equity Toolkit. The website provides templates for reporting and project management planning, as well as equity plan submission guidelines.

According to TEA, the process “is about improving student learning for every single student throughout the state.  Are all students within an LEA learning at commensurate and appropriate rates?  If not, what factors contribute to that, and what strategies can LEAs pursue or continue to pursue to help close those gaps?”

The process begins with engaging stakeholders, then reviewing and analyzing data on equity gaps. Next, districts will conduct a root cause analysis, select strategies to improve equitable access, and craft a plan for implementation. The Texas Equity Toolkit provides details and resources for each of these steps, as well as training materials.

It’s important to note that Districts of Innovation (DOI) are not exempt from the federal requirement. The agency also advises that all regional Education Service Centers (ESCs) have staff available to assist districts with their plans. A list of “Equity Leads” can be found here.

Teach the Vote’s Week in Review: Aug. 18, 2017

Here’s your post-special session edition of ATPE’s Teach the Vote weekly wrap-up:

 


ThinkstockPhotos-455285291_gavelTuesday night marked the end of the 85th Legislature’s special session, and ATPE is pleased that a number of anti-public education proposals were defeated. The legislature declined to grant Gov. Greg Abbott’s request for a private school voucher program for students with special needs, opting instead to fund state grant programs that will aid public school students with autism, dyslexia, and other challenges. Also blocked were discriminatory bills to take away educators’ access to payroll deduction for their association dues. ATPE is thankful for the educators who called and wrote to their lawmakers or visited the capitol to take a stand for educators having the same rights as other public employees and being able to continue to manage their own money as they choose.

The special session also resulted in some gains for public education through the passage of House Bill (HB) 21 by Rep. Dan Huberty (R-Kingwood). Although the Senate would not agree to the $1.8 billion in additional public school funding that the House approved or to tapping into the state’s rainy day fund, the final bill does add $563 million over and above the budget passed by lawmakers during the regular session. That extra money will help some districts facing the loss of Additional State Aid for Tax Reduction (ASATR) funds this year, provide assistance for charter school facilities, and significantly, inject $212 million into the TRS-Care health insurance program for retired educators. The Senate rejected any long-term structural changes to our school finance system, which were favored by the House, but they included language in HB 21 to create a school finance commission that will study the issue over the next two years.

The Senate approved its version of HB 21 by a vote of 25 to 6 late Monday night. The House voted 94 to 46 to accept the Senate’s version of HB 21 Tuesday evening, with a number of representatives expressing disappointment that the bill did not do more, and many who stated they were reluctantly voting for it in the interest of preserving some modest gains for the schools in their districts. Shortly thereafter, the House surprised many by adjourning sine die upon a motion by Chairman Huberty, one day before the expiration of the 30-day special session. The Senate similarly adjourned sine die a few hours later after declining to accept a House version of a property tax bill. In a press conference late that night, Lt. Gov. Dan Patrick was quick to blame the House and its leadership, including Speaker Joe Straus, for preventing more of the governor’s special session agenda from being passed. For his part, Gov. Abbott similarly complained that the House had obstructed bills, despite the fact that legislators gave final approval to bills covering half the items on the governor’s special session call.

With the governor’s signature on the bill, the next step for HB 21 will be for the Commissioner of Education and TRS board to propose and adopt rules implementing various aspects of the law. (Read more about the TRS-Care changes being considered next week in the next section of today’s wrap-up.) We’ll keep you posted on all the rulemaking developments and let you know how you can provide input to state policymakers during that process here on Teach the Vote.

ATPE Executive Director Gary Godsey said in a press statement, “We appreciate those in the legislature who fought for additional funding and structural improvements to our school finance system. ATPE looks forward to working with lawmakers during the interim to recommend longer-term solutions that will help all Texas students excel and enable us to recruit, reward, and retain the best educators in our public schools.”

 


Drugs and MoneyThe Teacher Retirement System (TRS) Board of Trustees will be meeting next Friday, Aug. 25, to consider changes to the TRS-Care healthcare program for retired educators. As noted above, the passage of HB 21 during the special session means that TRS will have an extra $212 million this biennium to offset rising costs of TRS-Care. ATPE Lobbyist Monty Exter has been attending meetings with TRS staff to learn how the additional money will be used to help retired teachers. Check out his blog post for more on the specific changes the TRS board is expected to adopt next week.

 


tea-logo-header-2On Tuesday, the Texas Education Agency announced the 2017 accountability ratings for school districts and campuses. The overwhelming majority of schools (95 percent) earned a “Met Standard” rating this year, and there were fewer campuses receiving an “Improvement Required” rating in 2017. Final 2017 ratings will be shared in December following an appeal period for schools seeking to change their ratings.

View the complete accountability ratings on the TEA website here. ATPE congratulates the students and staff of all our high-achieving public schools!

 


During the special session, ATPE's Governmental Relations staff presented House Speaker Joe Straus with an honorary resolution passed by the ATPE House of Delegates in July.

During the special session, ATPE’s Governmental Relations staff presented Texas House Speaker Joe Straus with an honorary resolution passed by the ATPE House of Delegates in July.

 

Teach the Vote’s Week in Review: Aug. 4, 2017

Here’s a look at this week’s education news as reported by the ATPE lobby team:


The Texas House passed several bills relating to school funding and narrowly rejected a bill to extend payments to some districts today on the floor.

Most importantly, the House passed school finance House Bill (HB) 21, which would put an additional $1.8 billion into the public school system. The bill would raise the basic allotment to $5,350 from $5,140, provide $200 million hardship grants to districts losing additional state aid for tax reduction (ASATR), expand career and technology education (CTE) allotment funds to the eight grade, and increase weighted funding for dyslexia and bilingual education. This legislation was killed by the Senate during the regular session after Lt. Gov. Dan Patrick refused to allow a school finance bill to pass without a voucher attached. Earlier this week, the committee reconsidered HB 21 in order to remove controversial charter school facilities funding that had been attached to the bill filed at the beginning of the special session. The House also passed HB 30, which would pay for HB 21 by deferring payments to school districts through the Foundation School Program (FSP).

“This bill is the most important legislation, I believe, we’re debating during this session,” House Public Education Committee Chairman Dan Huberty (R-Houston) told members on the House floor.

The House also approved HB 23, which would create a grant program for students with autism and related disorders. The House voted down HB 22, which would extend ASATR funding for an additional biennium. Some school districts which rely heavily upon ASATR funding have warned they may have to close schools once the funds expire this year. After initially passing on a vote of 73 to 70, HB 22 was voted down 67 to 61 after a vote verification was requested.

 


SBECThe State Board for Educator Certification (SBEC) has been meeting today in Austin. ATPE Lobbyist Kate Kuhlmann attended the meeting and provided this update on the board’s activity.

The board met to cover a fairly lengthy agenda, as it begins the process of writing rules to implement laws passed during the regular session of the legislature. Laws involving teacher misconduct, professional development, educator preparation, and more were passed and now require a sometimes lengthy process of developing and finalizing SBEC rules that reflect the new laws. While no final decisions were made with regard to new laws, the process was initiated for many and the board gave preliminary approval to a new law regarding military spouses seeking educator certification in Texas. The board also gave preliminary approval to the continuing professional education pieces of three laws involving cyber-bullying, educator misconduct, and digital literacy. Still, not all actions taken by the board were the result of changes to law. Preliminary approval was granted to a new rule proposal regarding diagnostician and counseling certification, and final approval was given to new requirements regarding English language proficiency for educator preparation candidates.

Yesterday, many of the board members also convened for a work session organized and directed by the Texas Education Agency (TEA) staff that support the board. Staff presented items on ethics, the mission of the board, certification structure and requirements, and legal sanctions. On a few items, TEA staff sought feedback from the board that will play out in future meetings. Those include decisions to revisit an additional route to certification for non-traditional superintendents (three already exist), add fines to sanctions regarding certain principal and superintendent reporting requirements (authority granted to them by the 85th Texas Legislature in the instance of inappropriate relationship reporting), and restructure the current Texas certification design. The latter involves the addition of the EC-3 certification required by the legislature. Staff also pressed the board to consider a multi-tiered certification structure that involves standard, accomplished, distinguished, and master certifications. The conversation was linked to implementation of performance-based assessments for certification, inclusion of national board certification, and student data.

Watch for more on all of thee topics at future meetings. The agenda for today’s meeting can be viewed here and an archived video of the meeting will be posted here.

 


Earlier this week, the Texas House voted to approve additional funding for TRS healthcare programs. ATPE Lobbyist Mark Wiggins provided additional information in this blog post on Tuesday.

Retirement planning written on a notepad.The two bills approved by the lower chamber, House Bill (HB) 20 by Rep. Trent Ashby (R-Lufkin) and HB 80 by Rep. Drew Darby (R-San Angelo), will head next to the Senate where their future is uncertain. Ashby’s HB 20 calls for pulling $212 million from the state’s rainy day fund in order provide one-time relief for retired educators who are facing higher deductibles as a result of a longtime shortfall in TRS-Care funding. The Senate has demonstrated little interest in using the rainy day fund for lowering healthcare costs or any other education-related expenses. Darby’s HB 80 would make it easier for TRS to provide its members with a cost-of-living adjustment in the future.

Stay tuned to Teach the Vote for updates on both these bills in the latter part of the special session.

 


The Texas Education Agency has released its draft of a state plan for compliance with the Every Student Succeeds Act (ESSA). As we reported last week, TEA is inviting stakeholders to submit their feedback on the draft plan, and, this week, ATPE Lobbyist Kate Kuhlmann has more on the draft plan. The comment period ends Aug. 29, 2017. Comments can be submitted by email to essa@tea.texas.gov. For additional information and to view the draft ESSA plan, click here.

 


The House Public Education Committee held a formal meeting after the House adjourned Friday to strip the controversial voucher from SB 2. The committee substituted state Rep. Gary VanDeaver’s (R-New Boston) HB 320 into SB 2, replacing all of the language approved by the Senate. VanDeaver’s bill would create an education enhancement program for certain students with disabilities. The program would cover costs for transportation, private tutoring, educational therapies and related services for students with dyslexia, autism, speech disabilities, and learning disabilities. Program participants would continue to be public school students and would retain IDEA rights. The program would be funded at $10 million per year from the state’s general revenue fund. The bill will now head to the full House for consideration.

In addition to the substituted SB 2, the committee approved CSHB 60, HB 98, HB 145, HB 149, HB 157, HB 204, CSHB 272, HB 324, CSHB 320, and HB 232.

House Public Education Committee meeting August 4, 2017.

House Public Education Committee meeting August 4, 2017.


 

TEA releases draft Texas plan to satisfy ESSA

The Texas Education Agency (TEA) released its draft plan Monday to satisfy requirements under the Every Student Succeeds Act (ESSA), the federal education law that replaced No Child Left Behind (NCLB). Texas’s draft plan offers an initial look into how TEA intends to implement the federal policy and funding parameters involving accountability, educator effectiveness, struggling schools, and more. The public has through August 29 to submit feedback on the draft plan.

Since President Obama signed ESSA into law in December 2015, the U.S. Department of Education (ED), under the direction of both the Obama and Trump administrations, has spent time developing, altering, and in some cases even omitting the rules that govern the law. Now that they’ve been finalized, it is on states to submit a plan telling ED how they intend to implement the law at the state and local level. Like other states, Texas has until September 18 to finalize and submit its ESSA state plan, which will then go through a peer review process for approval.

Texas’s draft ESSA plan can be read in its entirety here; below are some initial takeaways:

Long-term goals

ESSA removed adequate yearly progress (AYP) from federal law, instead giving states the task of establishing their own long-term, ambitious goals for academic achievement. Texas’s draft ESSA plan establishes an academic achievement (as measured by annual STAAR results in reading/language arts and mathematics) goal intended to align with the state’s 60X30 goal, which seeks to have 60% of Texans aged 25-34 possessing some form of post-secondary credential by 2030. To assist in accomplishing that, TEA sets a goal under ESSA of having 90% of all students and subgroups at the “approaches grade level” performance level by 2032.

Other long term goals include a four-year graduation rate of 96% and a 46% threshold for students making progress toward English language proficiency, all by 2032. The plan includes interim targets in five-year intervals. These are laid out in the chart in Appendix A, with some targets not yet identified.

Accountability indicators

Indicators defined under federal accountability requirements include an academic indicator, an indicator of achievement specific to schools other than high schools, a graduation rate indicator, an English language proficiency indicator, and a school quality or success indicator. Texas’s accountability system, which was altered as recently as this year during the 85th Texas Legislature under HB 22, now consists of three domains and indicators within indicators that can be used to satisfy federal indicator requirements.

Texas’s plan intends to utilize STAAR test results (both proficiency and growth), Texas English Language Proficiency Assessment System (TELPAS) results, graduation rates, and post-secondary readiness rates to satisfy the first four federal indicator requirements. To weigh the school quality and success indicator, which is new under federal law, the draft plan suggests using STAAR results in elementary and middle schools and post-secondary readiness rates in high schools. More on these indicators are found in the table starting on page 17 of the draft ESSA plan.

The state draft plan highlights the state’s A-F system as a way of satisfying differentiation requirements under federal law, which says that states’ accountability systems must be able to “meaningfully differentiate” among all schools in the state.

Identifying and supporting struggling schools

TEA offers four options for identifying the 5% of Title I schools considered to be the most struggling and in need of comprehensive support and improvement: (1) all F rated schools, (2) all F rated schools and all schools rated D for multiple years, (3) all F and D schools, or (4) all schools existing in the bottom 5% when ranked chronologically. The options work so that if the first option does not constitute 5% of all schools, then the second option is triggered, and so on. Any campus that does meet a 67% 4-year graduation rate would also automatically be identified for comprehensive support and improvement.

For schools that remain in need of comprehensive support for five years, interventions including the following could be implemented: school closure, partnership with a charter school, charter school conversion to include independent governing board and leadership change, or oversight by a Conservator or state-appointed Board of Managers.

The Texas draft plan proposes reserving 7% of the state’s Title I funding for struggling schools, an unidentified portion to be delivered via formula funding and an unidentified portion for competitive grant funding. More on identifying and supporting struggling schools can be accessed beginning on page 21 of the draft plan.

Educator effectiveness

The Texas plan highlights two ongoing strategies for spending educator effectiveness funding under Title II of ESSA: continued investment in the Texas Equity Toolkit and implementation of an instruction leadership initiative, which is “designed to provide to LEAs and schools that did not earn satisfactory ratings on the state accountability system with comprehensive instructional leadership training for principal supervisors, principals, assistant principals, and teacher leaders in an effort to build skills in coaching, growing, and developing educators.” TEA also intends to reserve 3% of the funding for district grants focused on improving principal practice, potentially through “principal residency programs.” The plan also highlights recent changes made to the certification structure for educators in Texas and ongoing efforts to change Texas’s principal preparation as improvements to educator effectiveness. The draft plan’s portion covering Tittle II of federal law begins on page 37.

Equitable access to educators

TEA identifies in its draft plan three “priority contributing factors” why schools with high concentrations of low-income and minority children have inequitable access to experienced and effective educators teaching within field. They center on insufficient training, support, and alignment between and within districts. For teacher training, the draft plan proposes addressing this through continued support and implementation of T-TESS, the Educator Excellence Innovation Program (a grant program supporting innovative retention, training and support within districts), the recent changes to teacher preparation rules, and Lesson Study (a professional development program). More beginning on on page 27 of the draft plan.

Assessments

The state, at least currently, is poised to continue federal testing requirements that, in Texas, amount to annual STAAR assessments in reading and math in grades 3-8 plus three science assessments (in grades 5 and 8 plus once in high school). The new federal law does offer states some minimal flexibility to assess students and provides for a pilot program where states and districts can more meaningfully address alternate approaches to assessing students.

 

The public comment period is open now and runs through Tuesday, August 29. Comments on the draft plan can be submitted via email to essa@tea.texas.gov.

ATPE’s Wrap-Up of the 85th Legislature’s Regular Session

ATPE at the Capitol squreWhile navigating challenges both new and familiar, and with the support of our members, ATPE has continued to fight for the rights of educators, teachers, and parents and to fend off threats to public education in the great state of Texas. This year, many ATPE members took swift and decisive action to protect their rights by calling, writing, and visiting members of the legislature (on more than one occasion) to inform their elected officials of the issues most important to Texas educators.

The 85th Legislature’s regular session was long and arduous, but ATPE persisted in keeping public tax dollars out of private institutions—despite strong pushes from some lawmakers, the lieutenant governor, and outside lobbying groups to do the opposite. The Texas House leadership stood with ATPE, the vast of majority of parents, and the education community to fight vouchers and champion improvements to Texas’s school finance system. Both chambers engaged in meaningful conversations about improving school accountability and reducing the emphasis on standardized testing.

Despite the numerous challenges presented during the 85th regular session of 2017, ATPE rose to the occasion and continued on our mission to provide every child equal opportunity to receive an exemplary education. Below are some highlights from this year’s regular legislative session.

Progress on ATPE’s Legislative Priorities for the 85th Legislature

  1. School Funding
  2. TRS and Healthcare
  3. Saving Payroll Deduction
  4. Stopping Privatization
  5. Promoting Educator Quality
  6. Reducing Standardized Testing
  7. Addressing Regulatory Exemptions
The ATPE Lobby Team

Members of the ATPE Lobby Team

1. School Funding: ATPE lobbied for dramatic improvements to the state’s school finance system and urged lawmakers to provide the resources necessary to allow every child in Texas access to an exemplary public education.

o  The state budget: Senate Bill (SB) 1 by Sen. Jane Nelson (R-Flower Mound)

While the House and Senate each began this session with their own versions of the budget, the bills were worked out in a conference committee and resulted in the following new state budget for the next two years:

·       Lawmakers allocated fewer state dollars to school districts under this budget, requiring local schools instead to rely more heavily on property taxes just to stay open. The decrease in state funding coupled with the elimination of ASATR (Additional State Aid for Tax Reduction) is a one-two punch for districts that are already cash strapped, especially those in rural areas, and some have already stated they will either close or consolidate under this budget. This continues a trend of legislators shifting the burden of paying for public education from the state to the local level, which results in increased upward pressure on local property taxes to make up for the reduction in state funds. Legislators must realize that our outdated school finance formulas need to be reformed, and the state must shoulder its share of the burden if our schools are to meet the demands of rapid growth in population and enrollment.

·        The TRS healthcare program for retirees faced a billion-dollar shortfall going into the next biennium under its existing and inadequate funding mechanism. Lawmakers made modest increases to state and district funding formulas, in addition to providing a relatively small amount of one-time supplemental funding from the state, in exchange for passing a TRS reform bill that shifts the majority of the shortfall to retirees through increased premiums and decreased benefits. In all, SB1 includes $480 million above what previous formula funding called for, made up of $350 million from the state and $130 million from school districts.

o  School finance reform: House Bill (HB) 21 by Rep. Dan Huberty (R-Humble)

HB 21 was the first iteration of what Chairman Huberty planned to be a two- or three-session effort to completely overhaul the state’s school funding mechanism. A testament to the volatility of this session, HB 21 began as a school finance bill supported by ATPE and most of the education community. The bill would have increased the basic allotment of funding per student, lowered the recapture rate, created a Hardship Provision Grant to soften the elimination of ASATR funding for several districts, added a formula weight for students with dyslexia, increased the Career and Technology Allotment weight (CTE), and repealed hold harmless provisions in the current law. Coupled with companion legislation in the House’s state budget proposal, HB 21 could have provided as much as $1.9 billion in additional state funding for public education.

However, once the bill passed to the Senate, Sen. Larry Taylor (R-Friendswood), Chairman of the Senate Education Committee, substituted it with language of his own that reduced the additional funding to $530 million and added in a controversial provision for vouchers for students with disabilities. This draining of public tax dollars into private entities through a proposed Educational Savings Account (ESA) voucher caused ATPE and other members of the education community to retract their support of the bill. The Senate passed the voucher-laden version of the bill on a mostly party-line vote. Sen. Eddie Lucio, Jr. (D-Brownsville), joined with all Republicans to support the bill.

The House refused to concur with the Senate’s changes to the bill, and Chairman Huberty called for a conference committee to work out the differences between each chamber’s versions of HB 21. However, over on the Senate side, Lt. Gov. Patrick and Chairman Larry Taylor declared the bill dead that same afternoon, refusing to appoint members of the Senate to participate in a conference committee. The Senate ultimately appointed conferees with just hours to spare on the last day of deliberations, but no agreement could be worked out in the few remaining hours, and the school finance bill died.

2. TRS and Healthcare: ATPE helped prevent the passage of bills that would change the defined benefit structure of TRS, raised awareness of the dramatically rising costs of educators’ healthcare programs, and helped secure additional funding for TRS-Care to prevent retired educators from losing their access to healthcare.

o  HB 3976 by Rep. Trent Ashby (R-Lufkin)

As stated above, ATPE entered the 2017 legislative session with a looming crisis for the state’s healthcare program for retired educators. Facing a $1 billion shortfall, TRS-Care was slated to run out of funding during the next biennium without urgent action by the 85th Legislature. Combining $350 million in state funds along with $130 million in support from school districts, the passage of HB 3976 helped secure $480 million in new money budgeted for TRS-Care over the next biennium. In order to maintain coverage, this bill changes the current TRS-Care plan by splitting coverage into two groups based on retirees’ ages. While the enactment of the bill means higher costs for participating retirees, it prevents the worst-case scenario: The collapse of TRS-Care in its entirety. Read a more comprehensive summary of the legislative changes here, and also read here about how the TRS Board of Trustees is now undertaking the rulemaking process to implement the changes called for by lawmakers in greater detail.

o  SB 1750 and SB 1751 by Sen. Paul Bettencourt (R-Houston)

Sen. Bettencourt’s SB 1750 and SB 1751 revived the concept of converting the TRS defined benefit pension plan to a defined contribution program in the future, making it more like a 401(k) plan or a hybrid of the two. The first bill called only for an interim study of the idea, while the second bill would have authorized TRS and ERS (the agency overseeing a similar pension plan for state employees) to create such a program as an alternative for new employees. Bills like this are a common fixture in the sessions preceding when an agency is up for its sunset review. While both bills were referred to the Senate State Affairs Committee, neither received a hearing and both proposals died. Additionally, other legislation was passed that will move back the sunset date for TRS to the year 2025.

3. Saving Payroll Deduction: ATPE fought back against anti-educator bills that would do away with payroll deduction for voluntary professional association dues.

o   SB 13 by Sen. Joan Huffman (R-Houston) and HB 510 by Rep. Sarah Davis (R-Houston)

ATPE continued to defend educators’ rights to use voluntary payroll deduction for their association dues and to fight anti-educator bills that do away with that option in an attempt to make it harder for educators to join professional groups like ours. Bills eliminating payroll deduction were identified as priorities of both the governor and lieutenant governor. ATPE members mounted strong opposition, testifying in committee and meeting with individual members of both the House and Senate to demand fair treatment. The Senate version (SB 13) of the so-called “union dues” bill passed the Senate on a party-line vote. In the House, both SB 13 and HB 510 were referred to the Committee on State Affairs but did not receive a hearing and subsequently died there.

4. Stopping Privatization: ATPE helped defeat bills aimed at creating private school voucher programs.

o  SB 3 by Sen. Larry Taylor (R-Friendswood)

Having made school choice one of his top three legislative priorities this session, Lt. Gov. Patrick used SB 3 as the main vehicle to push for vouchers in the form of both corporate tax credits for donations to private school scholarships and educational savings accounts for parents to use for their children’s private and home school expenses. The bill was voted out of the full Senate after measures were added to make the bill more palatable to rural legislators who were concerned about the impact a major subsidy would have on their districts. SB 3 passed the Senate with the support of 13 Republicans and one Democrat, Sen. Eddie Lucio, Jr. (D-Brownsville); the rest of the Senate Democrats and three Republicans, including Sen. Kel Seliger (R-Amarillo) and Sen. Robert Nichols (R-Jacksonville), voted against the bill. While Sen. Joan Huffman (R-Houston) is recorded as voting against SB 3, she cast a key vote to enable the bill to come up for consideration on the Senate floor, which paved the way for its passage. Upon being received in the House, the bill was referred to the House Public Education Committee, where it later died.

o  The Senate’s voucher amendment to HB 21

Earlier in the session, the House passed HB 21 by Chairman Dan Huberty as a school finance reform measure and the policy component intended to guide the additional money allocated to education in the House’s version of the draft budget. As we discussed above, HB 21 was vigorously debated on the House floor and passed to the Senate, where Chairman Larry Taylor (R-Friendswood) substituted the House version of the bill with his own bill demanding an ESA voucher for students with special needs. The Senate passed its substitute version of HB 21 and sent it back to the House, which refused to concur with the controversial amendments. Lawmakers were unable to agree to a final bill, and HB 21 died along with all other attempts to pass a private school voucher this session.

o  Record votes on vouchers. The House took multiple noteworthy votes against private school vouchers this session:

·        During the initial debate of SB 1—the budget bill—on the House floor, members voted 104-43 in favor of an amendment by Rep. Abel Herrero (D-Corpus Christi), Rep. Gary VanDeaver (R-New Boston), Rep. Ken King (R-Canadian), and Rep. Kyle Kacal (R-Bryan) to prohibit the use of public funds from supporting school choice programs in any form.

·        The House voted against vouchers again upon receiving the Senate’s version of the school finance bill, HB 21. The vote occurred in response to a “motion to instruct” presented by Rep. John Zerwas (R-Fulshear), a move intended to inform conference committee appointees of the desire of the body they represent while fleshing out the differences between differing bills. Chairman Zerwas filed the motion to urge House members of the conference committee to reject any voucher language in potential compromises on HB 21, and a supermajority of the House agreed. House members voted 101-45 to reject any compromises on HB 21 that would allow for ESAs, tax credit scholarships, or any other form of voucher.

·        Immediately following that vote, members squashed an alternative motion to instruct the conferees to “consider all methods of education choice and financing for special needs students.” The motion, presented by Rep. Ron Simmons (R-Carrollton), failed with members voting 47-89 against it.

o  Related legislation: The “Tim Tebow” Bill, SB 640, by Sen. Van Taylor (R-Plano)

Once again, this session ATPE helped prevent the passage of a bill that would force public schools to allow homeschooled students to participate in extracurricular UIL activities. ATPE members have long opposed the uneven playing field that would be created with allowing the participation of homeschooled students in UIL, since those students are not be held to the same academic and disciplinary standards as public school students.

5. Promoting Educator Quality: ATPE advocated for maintaining high standards for the education profession and a compensation and benefits structure that promotes educator recruitment and retention.

o  SB 1839 by Sen. Bryan Hughes (R-Mineola)

Amended several times over, SB 1839 became the catch-all for bills that had otherwise failed in the legislative process. In its original form, the bill mandated that relevant PEIMS (Public Education Information Management Systems) data be shared with educator preparation programs, gave the commissioner more rulemaking authority with regard to out-of-state certificate holders, and required educator preparation programs to include instruction on digital learning. In the final version signed by the governor, the bill also includes measures to do the following:

·        Prohibit the State Board for Educator Certification (SBEC) from requiring educator preparation programs to deliver one or more face-to-face support visits for principal, librarian, counselor, and diagnostician candidates during their clinical experience;

·        Create an early childhood through third grade teaching certificate;

·        Require additional professional development for digital learning and teaching methods; and

·        Allow long-term substitute teaching to count in lieu of minimal field-based experience hours required of certain educator candidates before entering the classroom as the teacher-of-record on a probationary certificate. This
language was originally a part of SB 1278, a bill ATPE testified against because it watered down educator preparation standards raised by SBEC during the past year. As that bill made its way through the committee process, much of the SB 1278 content was stripped away; however, this remaining portion was improved and ultimately added to SB 1839.

 

6. Reducing Standardized Testing: ATPE supported bills to reduce the role of standardized test scores in our accountability system for schools, in teacher evaluations, and in high-stakes decisions for students. 

o  SB 463 by Sen. Kel Seliger (R-Amarillo)

During the 84th regular session of the Texas Legislature in 2015, ATPE worked with Sen. Seliger to enact legislation that would provide a safe harbor for eligible high school seniors otherwise prevented from graduating due to failure of two or fewer STAAR tests. Enacted by that 2015 law that was set to expire this year, Individual Graduation Committees (IGCs) take the student’s entire academic history into account and use that to work a path to graduation. This session, we successfully worked with legislators once more to secure access to IGCs for high school students through 2019 with the passage of SB 463. 

o  HB 657 by Rep. Diego Bernal (D-San Antonio)

This ATPE-supported legislation allows ARD committees to promote special education students who have failed an exam but have otherwise met the goals of their individual education plans (IEPs). The passage of this bill provides students in special education programs with additional relief from regimented standardized testing. 

o  HB 515 by Rep. Gary VanDeaver (R-New Boston)

What started out as a bill to reduce the number of standardized tests that students are required to take lost much of its strength as amendments were added through the committee process. The bill’s focus was altered, causing it to place an emphasis on replacing state exams for high school social studies with the US Citizenship test, which would have presented problems due to a lack of alignment between the proposed test and the curriculum standards in the Texas Essential Knowledge and Skills (TEKS). The author of the bill did not concur with Senate amendments when the bill was sent back to the House, and the bill died.

 

o  HB 1333 by Rep. Jason Isaac (R-Dripping Springs)

This bill called for a reduction in the number of standardized tests taken by public school students by requiring the state to seek a waiver of federal laws that require certain tests in grades three to 12, and bringing the number of standardized tests for high school students down to the federally required minimum. The bill also called for making test scores a smaller percentage of school accountability calculations and removing standardized test scores as a facet of teacher evaluation. This bill did not make it beyond a hearing in the House Public Education Committee.

7. Addressing Regulatory Exemptions: ATPE advocated for limiting, repealing, or adding safeguards to regulatory exemptions that have been granted to some public schools, including Districts of Innovation (DOI).

Several bills were put forth this session with the goal of closing loopholes associated with the advent of Districts of Innovation (DOI). ATPE successfully advocated for a new measure of transparency under DOI:

SB 1566 by Sen. Lois Kolkhorst (R-Brenham)

Included in SB 1566, an omnibus bill pertaining to district and charter governance, is the requirement that school districts designated a DOI must post and maintain their DOI plan prominently on the school district’s website. A school district now has 15 days upon adoption to post its DOI plan or any revisions to its plan.

However, none of the following DOI bills made it to final passage:

o  HB 972 by Rep. Helen Giddings (D-Dallas)

This bill would have partly disallowed districts from exempting themselves from teacher certification laws by preventing a district from assigning most students in first through sixth grades to an uncertified teacher for two consecutive years (unless the district gets permission from parents). The bill passed the House but was not given a hearing in the Senate.

o  HB 1867 by Rep. Mary Gonzalez (D-Clint)

This bill would have removed educator certification from the exemptions available to districts under the DOI law. The bill failed to pass either chamber.

o  HB 1865 by Rep. Matt Krause (R-Fort Worth)

The bill would have removed school start date requirements from the list of eligible DOI exemptions, which would have eliminated a major enticement to districts considering DOI status. A desire to start the school year on an earlier date has been the most typical exemption sought by DOIs statewide. Despite the tourism industry vigorously lobbying in support of this legislation that would preserve a more predictable school calendar, the bill was left pending and eventually died after being heard in the House Public Education Committee.

o  HB 620 by Rep. Jeff Leach (R-Plano)

The bill would have allowed districts the option of moving the school start date to the second Monday in August, up from the fourth, and would have required instruction time measured in minutes, as opposed to days. HB 620 would have offered schools flexibility and eliminated an incentive to pursue DOI status. Like HB 1865, the bill was left pending and therefore died in the House Public Education Committee.

Other Legislative Victories:

·        ATPE supported changes to the A-F accountability system put in place for campuses last session (HB 22).

Rep. Dan Huberty (R-Kingwood), who chairs the House Public Education Committee, filed HB 22 to try to revamp the state’s unpopular A-F accountability grading system for schools and districts. A version of the bill approved by the House had broad support from the education community, but stakeholders were less enthusiastic about changes made to the bill in the Senate. Ultimately, the bill was referred to a conference committee to iron out an agreement, and HB 22 became one of the last bills passed by the 85th Legislature before the clock ran out on the regular session. HB 22 as finally passed collapses the five domains down to three, allows districts to add locally designed aspects of their accountability plans subject to approval by the Commissioner of Education, and pushes back the rollout of the A-F rating system for campuses to August 2019. ATPE successfully advocated to require the rulemaking process include input from teachers. While ATPE is still not a proponent of the A-F system and had argued for eliminating the overall summative grade for schools, we support these changes in the final compromise version of HB 22, which should give districts more leeway and educators an additional opportunity for local input into the design of their schools’ accountability systems.

·        ATPE bolstered efforts to prevent and punish cyberbullying - David’s Law, SB 179, by Sen. Jose Menendez (D-San Antonio).

Expanding on ATPE’s work in prior sessions to help curtail bullying of students, the act now known as David’s Law establishes criminal penalties for those engaged in acts of cyberbullying and requires schools to create secure channels for students to report cyberbullying. 

·        ATPE supported prohibiting the Texas Education Agency (TEA) from basing a school’s performance on the number of students in special education programs – SB 160 by Sen. Jose Rodriguez (D-El Paso).

ATPE supported legislators’ efforts to end the de facto 8.5 percent cap on schools enrolling students in special education services. This legislation prevents TEA from monitoring school performance based on the percentage of students they enroll in special education services. 

·       ATPE worked closely with lawmakers to address educator misconduct – SB 7 by Sen. Paul Bettencourt (R-Houston).

One of the first bills signed into law by Gov. Abbott this year, SB 7 aims to address the phenomenon sometimes called “passing the trash,” whereby educators accused of misconduct have been allowed to resign and find work in another school district thanks to lax reporting. Several amendments were added to the original version of this bill, including one to strip certain employees convicted of felony sexual offenses of their TRS pensions, amendments to add parental notification requirements, and an amendment that requires school job applicants to disclose any criminal charges or convictions in a pre-employment affidavit.

ATPE's 2016-17 State Officers

ATPE’s 2016-17 State Officers

SBOE begins June meeting with A-F update

The State Board of Education (SBOE) met Tuesday for its June session, during which the 15 members will continue work on the Texas Essential Knowledge and Skills (TEKS) for English Language Arts and Reading (ELAR) and Spanish Language Arts and Reading (SLAR) and English as a Second Language (ESL). The board is also scheduled to discuss changes to the TEKS review schedule and appoint members to a Long-Range Plan Steering Committee.

The State Board of Education hears from education commissioner Mike Morath at the board's June 2017 meeting.

The State Board of Education hears from education commissioner Mike Morath at the board’s June 2017 meeting.

Tuesday began with an update from Texas Education Agency (TEA) commissioner Mike Morath, who reported the spring testing cycle was completed with satisfactory results. After encountering issues with scoring and test delivery in 2016, Morath stated, “All the problems with last year were resolved.”

A result of testing this year and a one-year effort to redesign the Confidential Student Report (CSR) is the new STAAR report card. The new report card goes beyond numerical results to include more information, context and terms that are easier to understand. More information on the new STAAR report card can be found on the TEA website.

The commissioner also provided a brief summary of changes to the “A through F” accountability system passed during the regular session of the 85th Texas Legislature as part of House Bill (HB) 22. The legislature compressed the system to three domains: Student achievement, school progress and closing the gaps.

The student achievement domain will primarily rely on test data to calculate student performance. Under the school progress domain, the same test data will be used to determine how much students gain year over year and how schools compare to other schools with similar levels of poverty. The closing the gaps domain will focus on identifying whether certain student groups are struggling, relative to the campus. The student achievement and school progress domains will be combined for a single “best of” score, which will be weighted against the closing the gaps domain to calculate the overall or “summative” score.

The agency will focus on outreach to stakeholders through December, and the first district-level ratings under the new system will be issued in August 2018. At that time, campus-level ratings will still be either “met standard” or “improvement required.” All campuses are scheduled to receive a “what if” report using the A through F system on January 1, 2019. Official campus-level A through F ratings will be issued in August 2019, at which time a local accountability plan framework will also be rolled out.

Districts using a local accountability plan must continue to use the three state domains, but may add as many additional domains as they like and come up with an independent formula for calculating a summative score. Only schools that have not scored a “D” or an “F” will be able to participate, and local accountability plans will be vetted through a “peer-review” process.

Under HB 22, attendance rates have been removed from the accountability system, fixing problem identifying by many elementary and middle schools. A task force has been commissioned to look at incorporating extracurricular activities, which is expected to be a five-year process.

Member Keven Ellis (R-Lufkin) asked about the effects of Senate Bill (SB) 1784, which promotes the use of “open-source instructional materials.” These materials are currently licensed through the state procurement process, which already includes accessibility requirements. Morath said the agency plans to make the process more similar to the proclamation process used by the SBOE for textbook vendors.

The board received an update from TEA staff on other bills passed during the legislative session. The agency is currently tasked with implementing 145 pieces of legislation passed by lawmakers of the 85th Texas Legislature.

The board proposed eight legislative recommendations, of which five were successfully carried out. Lawmakers expanded SBOE authority over approving instructional materials to consider suitability for subject and grade level, with an additional requirement that it be reviewed by academic experts. Member David Bradley (R-Beaumont) noted that the legislature provided no guidance regarding the definition of “suitability” and “expert,” though staff pointed out that a definition of expert already exists in agency rule.

The legislature did not allocate any funds for the long-range plan, nor did it appropriate money to increase TEA staffing in the curriculum division, which oversees and supports TEKS review and implementation. The legislature did approve a $5 million rider for data privacy and other items, as well as a $25 million rider to allow districts to access federal matching funds for the E-Rate Infrastructure Program.

Lawmakers passed SB 160, which prohibits the agency from adopting or implementing a performance indicator in any agency monitoring system that solely measure the number or percentage of students who receive special education services. This legislation was passed as a result of an investigative series by the Houston Chronicle that uncovered a de facto cap on special education enrollment.

Finally, the board recommended lawmakers conserve public free schools and prohibit public dollars from going to private schools or parents/guardians. Despite attempts by the Texas Senate to pass a voucher bill, the Texas House stood strong and prevented the passage of any private school voucher legislation. However, Gov. Greg Abbott has announced he will include vouchers on the call for a July special session. Noting that voucher proponents had focused on special needs vouchers during the regular session, Member Marty Rowley (R-Amarillo) asked what a special needs voucher would look like. Staff indicated the governor specifically mentioned HB 1335 by state Rep. Ron Simmons (R-Carrollton).

The board spent the latter half of Tuesday resuming their work on ELAR/SLAR and ELL high school TEKS. On Wednesday, the board is scheduled to discuss the broader TEKS review schedule.