Tag Archives: accountability

State Board of Education takes up science, language arts TEKS

The State Board of Education is meeting this week while the Texas Legislature is session. Across the street from the Capitol inside the Texas Education Agency (TEA) building, the board began its week-long meeting Tuesday morning with public testimony on proposed changes to the science TEKS.

State Board of Education April 2017 meeting.

State Board of Education April 2017 meeting.

Some creationism supporters took issue with the changes proposed after first reading earlier this year. Biology teachers on the curriculum writing committee have proposed changes they explained would streamline the TEKS and focus on grade-level appropriate discussion. Creationism supporters argued Tuesday that the changes watered down criticism of evolution, and asked the board to retain proposed language to require students to “evaluate” various subjects related to evolution. Physics and chemistry teachers also recommended more mundane tweaks to their respective TEKS.

Wednesday began with an update from TEA Commissioner Mike Morath. The commissioner informed the board of upcoming changes to the STAAR confidential student report card (CSR), aimed to make the report more parent-friendly and easy to understand. The report will now contain student lexile levels for the current year and over a student’s academic history. The report will include information for parents regarding how to help improve a child’s reading level, as well as guidance regarding how to maximize the impact of parent-teacher conferences. The agency has also changed terminology to replace the terms for Level I through Level III standards with “does not meet grade level,” “approaching grade level,” “meets grade level,” and “masters grade level.” These changes have already been adopted in rule and will be reflected in report cards due out in June.

Commissioner Morath also announced TEA is readying a new website that will allow parents to see every STAAR question their student was asked, along with what they answered and what other students answered, compared to the correct answer. This website is expected to roll out in mid- to late June. The agency is also working on a separate site for teachers and administrators. The separate website would help teachers and administrators unpack and understand the streamlined English Language Arts and Reading (ELAR) TEKS. The site will feature sample assessment questions and is intended to help teachers understand vertical and horizontal alignment of curriculum standards, as well as distinguish the meaning of verbs used in the TEKS insofar as how they affect instruction. The agency plans to activate the site in advance of the school year in which the TEKS are scheduled to go into effect.

The commissioner responded to questions from the board regarding the rollout of the “A through F” accountability standards passed by the Texas Legislature last session. House Bill 22, which would pare down the five domains to three and eliminate the overall grade, has passed out of the House Public Education Committee this session and is expected to be up for debate on the House floor within the next two to three weeks. At this point, Morath indicated he has participated in at least 70 stakeholder meetings regarding rulemaking for the version of A through F currently undergoing implementation. Some changes have been suggested to specific components, such as the calculation of chronic absenteeism at the elementary level and adjustments for children of military families and those who are absent due to illness.

As far as legislative priorities, both the House and Senate budget proposals include $25 million requested by the agency to access matching funds for rural broadband internet. Other priorities for which TEA is seeking funding in either one or both chambers include math innovation zones, high-quality pre-K, additional staff to investigate inappropriate student-teacher relationships, IT support for the Texas Student Data System (TSDS) to facilitate additional automation, cybersecurity enhancements to safeguard student data and funding to allow the STAAR test to be released annually as opposed to every three years.

On Wednesday, the board resumed discussion on second reading of the science TEKS. After hearing testimony the day before, the board unanimously adopted an amendment adding compromise language to a key section of the biology TEKS dealing with evolution. The amendment changed “evaluate” to “examine” scientific explanations for the origin of DNA. The board also adopted an amendment that would delay implementation of the streamlined science TEKS to the beginning of the 2018-19 school year. The board completed discussion of English and Spanish Language Arts and Reading TEKS for elementary and middle school Wednesday evening, approving amendments on second reading before adjourning.

Breaking up into committees Thursday morning, the board’s committee on School Finance and the Permanent School Fund (PSF) heard an update to the bond guarantee program (BGP). As of February 28, roughly $70 billion of the program’s $100 billion capacity had been allocated. After setting aside $5 billion as required, roughly $24 billion remained available to back school bonds with the PSF. Last year, the board voted to increase the multiplier used to calculate the amount available to charter schools, which resulted in increasing that amount from $165 million to $510 million.

Committee chair David Bradley (R-Beaumont) questioned staff regarding HB 3438 by state Rep. Linda Koop (R-Dallas), which would use the PSF to guarantee school lease-purchase agreements through the Texas Public Finance Authority (TPFA). Staff advised that current law likely allows for the PSF to be encumbered to guarantee short-term commercial debt, and debt under this program would likely be cumbersome on the TPFA. The bill was voted out of the House Public Education Committee during a formal hearing Thursday afternoon at the Texas Capitol.

After Thursday’s committee meetings, SBOE’s committee of the full board gathered to take up discussion of the English and Spanish Language Arts and English as a Second Language TEKS for high school on first reading.

Teach the Vote’s Week in Review: April 7, 2017

It was another big week at the Texas Capitol. Here’s the latest news from ATPE:


The Texas House passed its version of the general state budget bill in the early morning hours of April 7 after nearly 16 hours of lively debate. Senate Bill (SB) 1 provides for appropriations for state needs over the next two fiscal years. It also sends a strong message about attitudes in the House toward private school vouchers.

As approved unanimously by the Senate on March 28, the $106.3 billion bill provided for school enrollment growth and needs of the Foundation School Program, but did little to address the looming funding crisis for TRS-Care or add any additional support for public education to offset cuts from recent years. The House Appropriations Committee, chaired by Rep. John Zerwas (R-Fulshear), substituted its own language into the bill during a March 29 committee hearing, and then the House considered hundreds of additional amendments in yesterday’s floor debate.

Lobbyists at budget debate

ATPE Lobbyists Kate Kuhlmann, Mark Wiggins, and Monty Exter awaited the House’s budget vote Thursday night.

As finally passed, the House’s version of SB 1 creates a $218.2 billion budget, which includes tapping into the state’s Economic Stabilization Fund (rainy day fund) to the tune of $2.5 billion to help address critical needs like an extra $500 million for retired educators’ rising healthcare costs. The final House vote on the bill was 131-16, well above the two-thirds threshold needed for accessing the rainy day funds.

Leading into yesterday’s floor debate, the House Calendars Committee had already adopted a “put and take” rule requiring that any amendment to the budget that proposed spending more money in one area must cut an equal or greater amount of spending from another area of the budget. That rule resulted in several heated arguments among House members as representatives looked to raid each other’s favored programs for funding sources.

Voucher vote boardWithout question, though, the most dramatic votes of the night included multiple votes taken to prohibit the funding of private school vouchers. The House first considered Amendment #8 by Rep. Abel Herrero (D-Corpus Christi) to prohibit the use of certain state funds provided to the Comptroller for private school vouchers. At ATPE’s request, Rep. Gary VanDeaver (R-New Boston) filed Amendment #9, an amendment to Herrero’s amendment, to ensure that the legislature could not spend any public funds on private school vouchers. ATPE supported both of these amendments, which the House passed overwhelmingly. Freshman Rep. Briscoe Cain (R-Deer Park) offered another amendment #10 to try to carve out an exception that would allow the legislature to fund vouchers for low-income families, but the House similarly rejected that measure by tabling the Cain amendment. View the unofficial vote breakdown for these amendments here. ATPE thanks all the legislators who voted to prevent the legislature from wasting taxpayer dollars on unregulated private and home schools and appreciates all the educators who took time to contact their legislators about these important votes.

The House budget votes this week spell disaster for the voucher legislation heavily favored by Lt. Gov. Dan Patrick and Gov. Greg Abbott. The primary voucher bill, SB 3 by Sen. Larry Taylor (R-Friendswood), passed the Senate on March 30 by an 18 to 13 vote. Leaders in the House including House Public Education Committee Chairman Dan Huberty had already expressed doubt that the voucher bill would survive after being sent to the lower chamber. Yesterday’s budget votes punctuate that sentiment, evidencing a clear lack of support for vouchers this session in the Texas House. For more on the significance of yesterday’s voucher-related budget votes, read this article from The Texas Tribune republished on our blog.

 


Earlier this week, the House Public Education Committee heard a number of bills dealing with special education and also approved a bill aimed at improving the state’s much-criticized A-through-F accountability system for school campuses. As ATPE Lobbyist Mark Wiggins reported on our blog, the committee unanimously passed Chairman Dan Huberty’s (R-Kingwood) House Bill 22 on Tuesday.

The committee will meet again on Tuesday, April 11, with a lengthy agenda. Its Subcommittee on Educator Quality will meet Monday, April 10, to consider several bills pertaining to educator preparation and certification. ATPE will be there to weigh in on bills of interest, of course. Stay tuned for more details next week on our Teach the Vote blog.

 


TRS logoThe Teacher Retirement System (TRS) board of trustees also met this week. ATPE Political Involvement Coordinator Edwin Ortiz attended the April 6 meeting and provided this report.

First, TRS investment managers shared news that the overall pension fund is performing considerably well despite economic uncertainty leading up to the 2016 elections. The fund is actuarially sound and has enough money to pay for its retirement benefit obligations until 2048.

The board meeting also addressed cyberattack prevention and defense measures being undertaken by the TRS staff. With cybersecurity threats dominating the news lately, TRS has been taking the necessary steps to secure members’ information by implementing safeguards that would prevent any cyberattackers from gaining access to the TRS system. Hackers are becoming bolder and using every method to gain access to vital information such as Social Security and bank information, but TRS staff along with security vendors are working to keep one step ahead of cyber criminals.

Finally, TRS Executive Director Brian Guthrie provided the board with a legislative update. Mr. Guthrie explained that he and his staff are tracking various bills and working closely with certain legislative offices on specific pieces of legislation that are of concern. One such bill is Senate Bill (SB) 788 by Sen. Joan Huffman (R-Houston) that would reform TRS-Care. The bill sparked some discussion at Thursday’s board meeting because of sweeping changes it proposes, including the elimination of TRS-Care 1, 2, and 3. As it’s currently written, SB 788 would require a high-deductible plan for participants under the age of 65 and a Medicare Advantage plan for anyone eligible for Medicare.  Mr. Guthrie indicated that he would continue to work with the stakeholders to ensure that retirees feel a minimal impact, but agreed that something needed to be done this session because of the increasing healthcare costs.

ATPE members can find additional information about TRS bills being considered this session by logging into Advocacy Central.

 


ATPE Lobbyist Kate Kuhlmann provided a blog update on this week’s work by the Senate Education Committee. Its deliberations included some controversial bills relating to home school students and charter school partnerships. Read more in Kate’s post here.

Also this week, the Senate Committee on State Affairs heard SB 179 by Sen. Jose Menendez (D-San Antonio) to address the growing problem of cyberbullying. ATPE supports the bill, which has been named David’s Law in memory of San Antonio teenager David Molak who tragically took his own life after being cyberbullied. The bill calls for tougher civil and criminal penalties for those who use electronic messaging to urge victims to commit suicide, and provides for prompt response and notifications when school officials learn about cyberbullying incidents.

 


 

House committee advances A-F improvements

The House Public Education Committee met Tuesday to hear a number of bills, including those dealing with special education, and to advance a key piece of legislation relating to accountability.

House Public Education Committee meeting April 4, 2017.

House Public Education Committee meeting April 4, 2017.

During a break in testimony Tuesday afternoon, Chairman Dan Huberty (R-Houston) introduced a committee substitute to HB 22, which would modify the “A through F” accountability system. As filed, the bill would collapse the five domains down to three and eliminate the overall, or “summative,” rating for districts and schools.

Chairman Huberty explained the committee substitute would clarify that indicators must be based on disaggregated information and include indicators reflecting access to resources, size and socioeconomics. The substitute would also incorporate policies advocated by ATPE, including a requirement that stakeholders, including teachers, should be involved in the process. ATPE has also advocated for restricting the use of standardized test results and other value-added measures (VAM) for the purposes of evaluating educator performance. The substitute would cap VAM at 25 percent of the educator performance score.

The committee unanimously approved HB 22, along with the following bills:

  • HB 481, which would prohibit TEA from collecting over-allocated state funds after seven years if they resulted from statutory changes.
  • HB 852, which would remove the cap on the number of individuals who can enroll in the adult high school and industry certification charter school pilot program.
  • HB 972, which would make it more difficult for districts to assign students to an uncertified teacher.
  • HB 1560, which would remove an obsolete reference regarding open-enrollment charter schools from the statute outlining the powers of the State Board of Education (SBOE).
  • HB 2611, which would allow districts to list property with a realtor using a multiple-listing service for 30 days.
  • HB 2649, which would require the governing bodies of charter schools to hold open meetings in the county in which the school is located and subject to the same requirements as regular government bodies.
  • HB 3722, which would modify the funding formula for districts to which an academically unacceptable school district is annexed.
  • HB 1669, which would allow the Texas Education Agency (TEA) commissioner to charge legal fees to parents who the commissioner deems have filed a “frivolous” lawsuit.

Also of note, the committee considered HB 713 by state Rep. Gene Wu (D-Houston), which would end the de facto “cap” on special education enrollment unveiled by the Houston Chronicle. Specifically, it would prohibit any performance indicator based on the total number or percentage of students enrolled in special education. As the Chronicle reported, an arbitrary 8.5 percent target monitored by TEA resulted in schools inappropriately denying special education services to thousands of children. Although TEA indicated that it will no longer use this information as a performance indicator, Rep. Wu explained HB 713 would prevent the agency from resuming the practice in the future. ATPE supports this bill.

The hearing began Tuesday morning with HB 1886 by state Rep. Rick Miller (R-Sugar Land), which would specify that appropriate dyslexia screening or testing should be done upon enrollment in kindergarten and at the end of first grade. It would require the TEA designate a dyslexia specialist to provide districts with support and resources, and identify both in-person and online training opportunities. According to the fiscal note, the bill would likely require TEA hire an additional full-time equivalent at a cost of roughly $107,000 per year.

HB 2205 by state Rep. John Kuempel (R-Seguin) would require school employees to report suspected cases of child abuse or neglect to local law enforcement, as well as the Department of Family and Protective Services (DFPS). Kuempel argued that too much time may pass between the time a report is filed and DFPS notifies law enforcement of a potentially dangerous situation. In some cases, DFPS has waited up to 72 hours before notifying police.

ATPE lobbyist Mark Wiggins testified neutrally on the bill. Highlighting the paramount importance of child safety both to educators and police, Wiggins pointed out that the current law orders DFPS to immediately inform local law enforcement. It’s hard to justify calling 72 hours “immediate,” as required by law. Before duplicating efforts, ATPE suggested that addressing the issue within DFPS may be the correct starting point for ensuring that current law is followed and no children are left in potentially dangerous situations.

HB 743 by state Rep. Jessica Farrar (D-Houston) would allow a social worker to provide services to students and families in a school district, collaborating with school administrators in order to enhance students’ learning environments. ATPE supports this bill.

HB 1720 by state Rep. Larry Phillips (R-Sherman) would require schools to provide parental notice if a child is found with lice. Furthermore, school officials would be required to notify the parents of every child in the same classroom as a student found with lice. The bill specifies that the child’s identity would be held confidential and not revealed to other parents.

ATPE lobbyist Mark Wiggins testified neutrally on HB 1720, noting that some teachers have expressed frustration that some school districts prohibit teachers from notifying other parents when a child is found with lice, resulting in recurring outbreaks. ATPE suggested the bill could be improved by granting individual teachers the right to notify other parents if they determine such action is appropriate.

HB 1556 by state Rep. Mary González (D-El Paso) would require training for foster parents of a child with disabilities before making educational decisions on the child’s behalf. The bill would separate the legal definitions of foster parents and surrogate parents for the purposes of educational decision making. Social workers testified that oftentimes, the law is unclear as to who makes the educational decisions for foster children in certain situations. According to the fiscal note, local districts could find it necessary to invest roughly $230,000 to develop training and $25,000 in subsequent years to maintain and update the training.

HB 1076 by state Rep. Tom Oliverson (R-Cypress) would revisit the timing of mandatory spinal screenings. While current law requires screenings in grades 6 and 9, HB 1076 would instead order the executive commissioner of the Texas Health and Human Services Commission (HHSC) to designate the appropriate ages for screening based on the latest scientific research.

HB 1583 by state Rep. Philip Cortez (D-San Antonio) would extend epinephrine auto-injector regulations, privileges, grant eligibility and immunity from liability to private schools. The bill would also add private school nurses to the list of positions eligible to serve on the epinephrine auto-injector advisory council.

HB 2395 by state Rep. Nicole Collier (D-Fort Worth) would order each district and charter to test their water for lead using a third-party testing service. If too much lead is found, the bill would require schools to provide safe water until lead levels are returned to acceptable parameters. According to the fiscal note, the Texas Association of School Business Officials (TASBO) estimated the cost of lead testing to be between $2,000 and $3,000 per building. TEA estimated the statewide cost at approximately $22 million per year, not including remediation.

HB 2130 by state Rep. Kevin Roberts (R-Houston) would order a study on the impact of the statewide assessment program on students in special education. The study would be required to address whether the administration of alternate assessments complies with ESSA and whether state-required assessments provide accurate and helpful information. Many disability advocates argued that current assessments aren’t necessarily appropriate for children with some disabilities. According to the fiscal note, the study would cost the state approximately $230,000. TEA staff testified the study could be paid for out of federal funds. ATPE supports this bill.

HB 1342 by state Rep. Tan Parker (R-Flower Mound) would require elementary and high school students to receive mandatory annual sex abuse training “to promote self-protection, prevent sexual abuse of children, and reduce child pregnancy.” Rep. Parker cited alarming statistics concerning sexual abuse of children, arguing children should be trained how to identify and handle assault.

HB 1033 by state Rep. DeWayne Burns (R-Cleburne) would require the TEA to petition for a waiver of the annual alternative assessment of students with significant cognitive disabilities required under the federal Every Student Succeeds Act (ESSA). Rep. Burns suggested that individual admission, review and dismissal (ARD) committees should be empowered to determine which tests, if any, are appropriate. ATPE supports this bill.

HB 23 by Chairman Huberty would create a five-year grant program to provide money for districts and charters that provide innovative services to students with autism.  The total number of eligible school programs would be capped at ten, giving priority to collaborations between multiple districts and charters. Funds would be capped at $20 million total, and $1 million for each individual program. According to the fiscal note, HB would cost the state $258,000 through 2019 and $10.1 million each following year. Chairman Huberty argued the pilot program would help drive innovation in a much-needed area of education. ATPE supports this bill.

HB 2623 by state Rep. Alma Allen (D-Houston) would require schools to create a personalized transition program for students returning after missing 30 instructional days or more because of placement in a juvenile center or hospital care. According to the fiscal note, districts may find it necessary to hire an additional counselor at an average annual salary of $63,000. Rep. Allen explained this is needed to help ensure that students who have been away from a public education setting for an extended period are able to be successfully reintegrated. ATPE supports this bill.

HB 194 by Vice-Chairman Diego Bernal (D-San Antonio) would require the State Board of Education (SBOE) to create a special education endorsement. Vice-Chairman Bernal suggested the bill would rectify an oversight that has resulted in some special education students being unable to earn the endorsements needed to graduate.

HB 3439 by state Rep. Linda Koop (R-Dallas) would allow school districts to contract with a charter to operate a district campus and share teachers, facilities or resources. Such schools would be entitled to the greater of the funding per weighted average daily attendance (WADA) entitled to the district or the charter. Although the fiscal note projects no state expense through 2019, the program would cost the state $33.3 million in 2020, $44.4 million in 2021 and $55.5 million in 2022.

ATPE lobbyist Mark Wiggins testified against HB 3439, pointing out concerns regarding students and educators. Even though students in each attendance zone would be given preference, the new charter campus would still be allowed to cap enrollment and potentially exclude students who would otherwise be entitled to go to that school. Furthermore, the legislation is unclear as to whether district teachers could be transferred to the charter and lose the rights and protections of district employees.

The bill would also allow low-performing charters to take over campus management. Currently, charters rated “C” or “D” on the “A through F” accountability system could participate, and as a result, would benefit from a one-year pause in their accountability ratings. This provides an incentive for poorly-performing charters to partner with poorly-performing districts in order to enjoy an accountability holiday. ATPE suggests confining participation to charters with “A” or “B” ratings.

HB 2442 by state Rep. Ken King (R-Canadian) would change “minutes of instruction” to “minutes of operation” for the purposes of determining the length of each school day. The TEA commissioner would determine how many minutes of operation are equivalent to a day of instruction. Instruction time would include recess and meals. The bill would also repeal the minimum length of the school day.

ATPE lobbyist Monty Exter testified in support of HB 2442, pointing out that the bill helps clarify the length of half-day pre-kindergarten for funding purposes.

HB 3157 by state Rep. Dennis Bonnen (R-Angleton) would modify eye exam rules to allow students to be screened using photoscreening. Advocates argued photoscreening is a more accurate and efficient method for detecting eye problems than eye charts, but school policies don’t always allow them.

Before concluding, Chairman Huberty suggested there could be a formal meeting later this week in order to advance additional bills pending in the committee.

Teach the Vote’s Week in Review: March 31, 2017

Wrapping up a full week at the Texas State Capitol, here are stories from ATPE that you might have missed while you were STAAR testing:


Two major pieces of anti-public education legislation hit the Senate floor this week. First, the Senate passed Senate Bill (SB) 13 by Sen. Joan Huffman (R-Houston), an anti-educator bill that prevents school district employees from using payroll deduction for their association dues at no cost to taxpayers. ATPE Governmental Relations Director provided a summary of Wednesday’s debate of the bill on second reading, during which a number of Democratic senators questioned the author’s decision to exempt “first responders” from the punitive bill and tried unsuccessfully to expand that exemption to cover educators, too.

The lively debate highlighted ATPE’s advocacy against the bill before senators voted on party lines to approve the measure, ironically just hours after take time to honor retired teachers visiting the Senate that day. Those voting for the anti-educator SB 13 were Sens. Bettencourt, Birdwell, Buckingham, Burton, Campbell, Creighton, Estes, Hall, Hancock, Huffines, Huffman, Hughes, Kolkhorst, Nelson, Nichols, Perry, Schwertner, Seliger, Larry Taylor, and Van Taylor. Those voting against SB 13 were Sens. Garcia, Hinojosa, Lucio, Menendez, Miles, Rodriguez, Uresti, Watson, West, Whitmire, and Zaffirini.

Portrait of a young man with tape on mouth over colored backgroundThe Senate was back in session yesterday evening to take a final vote on SB 13, again along party lines with 20 Republican senators voting to send SB 13 to the House and 11 Democratic senators voting against the bill. It was another opportunity, though, for some Democrats in the Senate to ask why teachers were being picked on with SB 13 and why business groups in the private sector like NFIB should care about how public employees spend their paychecks. Sen. Eddie Lucio, Jr. called the legislation “a show of disrespect” toward hard-working teachers. Sen. Royce West pointed out the highly partisan motives behind the bill, and Sen. Kirk Watson stated that it was wrong for lawmakers to try to silence certain groups and not others simply because you disagree with their message. Sen. John Whitmire warned his Senate colleagues of the bill’s “intended consequences” of silencing only those politically active groups who are deemed to be working against Senate Republicans’ legislative priorities this session. But Whitmire also warned of some unintended fallout during the next election cycle, observing that many educators do tend to vote in Republican primaries and saying, “You’ve awakened a sleeping giant.”

Thursday’s floor action in the Senate also brought up a high-profile voucher bill, SB 3 by Sen. Larry Taylor (R-Friendswood), which has been deemed on of Lt. Gov. Dan Patrick’s top three priorities this session. The bill’s author presented a brand new version of the bill on the floor, designed to limit the availability of the vouchers to larger urban and suburban counties. The changes were designed to lower the bill’s very high cost and garner support from a few rural Republican senators who had been objecting to SB 3.

The new voucher bill ultimately passed yesterday on an 18 to 13 vote. Sen. Eddie Lucio, Jr. was the lone Democratic senator to vote for the bill. All other Democrats voted against SB 3, joined by Republican Sens. Robert Nichols, Kel Seliger, and Joan Huffman. (Although Huffman voted against the bill, she earlier joined with Republicans in voting to suspend the rules to allow the voucher bill to be heard on the floor.) For more on the voucher bill that passed the Senate and is headed next to the House, read this story from The Texas Tribune republished here on our blog about SB 3.

 


While the Senate was focusing its attention on questionable “priorities” of the lieutenant governor that would harm public education, the House Public Education Committee was attempting to find solutions to real problems, such as improving the state’s malfunctioning school finance system. As ATPE Lobbyist Mark Wiggins reported on our blog, the committee passed Chairman Dan Huberty’s (R-Kingwood) school finance measure, House Bill 21, by a vote of 10 to one on Tuesday. The committee also heard a number of bills relating to charter schools this week and resumed discussion of Huberty’s HB 23 aimed at improving the A-through-F accountability system. Next week, the committee plans to consider bills dealing with health and safety, as well as special education.

The committee’s Subcommittee on Educator Quality also met this week for further discussions of bills dealing with improper relationships between teachers and students. Again, Mark Wiggins has a blog post with details on Monday’s hearing.

 


Stack of $100 billsThe Texas House and Senate continue to take differing approaches on the state budget. As ATPE Lobbyist Monty Exter reports, the full Senate took up Senate Bill 1 (SB1), the Senate’s budget bill, this Tuesday, March 28, for second and third reading. After offering no amendments, the Senate passed SB1 unanimously. The bill was then sent to and received by the house later that day where it was read for the first time on the House floor and referred to the House Appropriations Committee.

House Appropriations took up House Bill 1 (HB1), the House budget, and House Bill 2 (HB2), the House supplemental appropriations bill, on Wednesday, March 29. Chairman Zerwas laid out SB1 in lieu of HB1 and then substituted the language in SB1 with the language in HB1, plus some of the language that was originally in HB2, essentially making SB1 the House Bill with the Senate’s caption. The committee then voted unanimously to send SB1, as substituted, and HB2 to the full House for consideration.

Yesterday, March 30, House Calendars Committee Chairman Todd Hunter adopted a calendar rule on the House floor that impacts SB1, which will be considered by the full House next Thursday, April 6. The rule, which was adopted, does two things. One, it memorializes the House rule requiring a 72-hour layout for any amendment to a general appropriations bill. This means that any amendment to the budget will have to be filed with the House Clerk’s office by 10 a.m. Monday, April 3, or be subject to a challenge. Second, the rule requires that any amendment to the budget that proposes additional spending in one area must cut an equivalent or greater amount of spending from another area of the budget. This means that the overall amount of the budget cannot increase on the House floor without support of the supermajority required to suspend the calendar rule.

Follow @TeachTheVote or individual ATPE lobbyists on Twitter next Thursday for live updates on the budget as they occur from the floor of the Texas House.


tea-logo-header-2The Texas Education Agency (TEA) announced this week the availability of 2016 Snapshot: School District Profiles on its website. The online resource annually compiles characteristics of every school district and charter school in Texas. View the data here.

 


The Senate Education Committee also met yesterday, hearing bills pertaining to virtual schools, special education, and the scheduling of teacher work days. ATPE Lobbyist Kate Kuhlmann provided this blog update with full details on the hearing.

 


 

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

It’s time for our weekly wrap-up of education news from ATPE’s Governmental Relations team:


This week the Senate Education Committee approved a sweeping voucher bill that would provide corporate tax credits to help fund private education and allow parents to receive public tax dollars to be used for private or home school expenses. Senate Bill (SB) 3 by Committee Chairman Larry Taylor (R-Friendswood) is one of Lt. Gov. Dan Patrick’s top three priorities for the 85th Legislature to pass.

ATPE Lobbyist Monty Exter testifies before the Senate Education Committee

ATPE Lobbyist Monty Exter testifying

On Tuesday, March 21, the committee spent 10 hours listening to witnesses on both sides of the voucher debate. ATPE Lobbyist Monty Exter testified against SB 3. Read more about the hearing and our testimony in this week’s blog post by ATPE Lobbyist Kate Kuhlmann. The SB 3 hearing had originally been scheduled for the previous week during which many public school educators and students would have been on spring break. Fearing that a larger contingency of pro-public education witnesses would come to the hearing to testify against SB 3, the hearing was postponed to this Tuesday instead.

The Senate Education Committee met again Thursday, March 23, to vote on pending bills, including SB 3. Chairman Taylor shared a new committee substitute version of the bill, which modified the language in an effort to reduce the bill’s massive fiscal note. The new version tightens up qualifications for some providers of education services such as tutoring that could be funded via the bill; removes automatic funding increases for the corporate tax credits, and changes the Education Savings Account (ESA) program to give parents access to an online payment portal instead of a debit card. While the switch to an online portal could make it less likely for parents to use ESA funds for illegitimate purposes, it also creates a potential new hurdle for rural or low-income parents with limited internet access. The committee voted to send the new substitute version of SB 3 to the full Senate by a vote of 7 to 3.

Sens. Kel Seliger (R-Amarillo), Royce West (D-Dallas), and Carlos Uresti (D-San Antonio) voted against SB 3 after expressing concerns about the voucher bill. Sen. West pressed representatives of the Legislative Budget Board for details on the bill’s negative fiscal impact to the state. Sen. Seliger observed that SB 3 would most likely have the largest fiscal note of any bill approved by a Senate committee other than the Finance committee, which hears budget bills. Seliger went on to raise alarms about the lack of accountability provisions for private entities that would benefit from the voucher money and the likelihood that SB 3 would lead to state funds being spent on indoctrinating students through religious institutions.

The only Democrat on the committee who voted for SB 3 was the vice-chairman, Sen. Eddie Lucio, Jr. (D-Brownsville). He was joined by Chairman Taylor and Sens. Van Taylor (R-Plano), Bob Hall (R-Canton), Don Huffines (R-Dallas), Bryan Hughes (R-Mineola), and Paul Bettencourt (R-Houston). Sen. Donna Campbell (R-San Antonio) was not present during the committee’s vote.

17_web_AdvocacyCentral_RotatorImages_ATC_1217-49_StopVouchers

It is not clear whether there are enough votes in the Senate to bring SB 3 up for a floor vote in the near future, which requires three-fifths of senators present to agree to hear the bill. We encourage ATPE members to keep contacting their senators about opposing SB 3 and other bad bills such as the legislation to eliminate educators’ right to use payroll deduction. Find sample messages and other communication tools at Advocacy Central.

Related: Other bills getting a favorable vote from the Senate Education Committee yesterday were SB 579 by Sen. Van Taylor regarding the use of epi-pens in private schools, SB 826 by Chairman Larry Taylor dealing with the sequencing of high school math and English courses, and a committee substitute to SB 490 by Sen. Lucio that requires districts to report the number of school counselors providing counseling services at a campus.

 


While the Senate Education Committee devoted its attention this week almost entirely to the private school voucher bill, the House Public Education Committee and its Subcommittee on Educator Quality heard a number of bills this week dealing with issues such as testing and accountability,  educator misconduct, and improving school finance.

Wiggins_3-20-17_testimony

ATPE Lobbyist Mark Wiggins testifying

First, the subcommittee met on Monday, March 20, to hear bills pertaining to educator misconduct, certification, and the benefits of mentoring for new teachers. ATPE Lobbyist Mark Wiggins testified at the hearing and penned a blog post this week summarizing the discussions. The subcommittee will meet again on Monday, March 27, to hear additional bills on educator misconduct, including SB 7 that has already passed the Senate.

On Tuesday, March 21, the full House Public Education Committee conducted a hearing that was almost as long as the Senate’s voucher hearing, but the House committee discussed some two dozen bills, most relating to state standardized testing and how schools are rated under our accountability system. Chairman Dan Huberty’s (R-Kingwood) House Bill (HB) 22 was the most high-profile bill heard, and ATPE testified for the bill. Check out this blog post from Mark Wiggins for complete details on the hearing, including a list of smaller bills that were voted out favorably.

Next week, the House Public Education Committee is turning its attention to charter schools with a hearing Tuesday, March 28, mostly on bills pertaining to funding, facilities, and authorization of charters. The committee will also hear additional testimony on Chairman Huberty’s school finance reform bill, HB 21, for which a committee substitute is expected to be released next week. Stay tuned to Teach the Vote next week for updates.

 


Save Texas Schools rally 2017Tomorrow, March 25, is the Save Texas Schools rally at the Texas State Capitol. Supporters of public education are encouraged to attend the event that starts at 10 a.m. and will feature appearances by legislators, remarks by Superintendent John Kuhn who also spoke during ATPE at the Capitol, and student performances. Visit savetxschools.org for more information.

 


This week the Senate Finance Committee unanimously approved SB 1, the state budget bill. The full Senate is expected to debate the budget on the floor next Tuesday. For details on the Senate’s proposal for funding state services during the next two years, read this week’s blog post from ATPE Lobbyist Monty Exter.

 


ThinkstockPhotos-455285291_gavelIn national news this week, the Supreme Court of the United States (SCOTUS) issued a landmark ruling in the case of Endrew F. v. Douglas County School District, which focused attention on how school districts must accommodate students with disabilities under federal law. The lawsuit was brought by the family of a student with autism who felt that the public school’s individualized education program (IEP) did not meet the student’s needs and wanted funding for private education instead. At issue was the extent to which an IEP must produce educational benefits for the student in order for the school district to be considered compliant with the law.

The unanimous SCOTUS ruling is expected to spur school districts to do more for students with disabilities, but the decision was also newsworthy because of the fact that it overturns prior lower court rulings, including one 10th Circuit appellate decision written by Justice Neil Gorsuch, now going through U.S. Senate confirmation for a seat on the nation’s highest court.

ATPE will have more on the ruling and what it means for special education programs in public schools next week on our blog.

 


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A-F fix takes center stage in House Public Education

The House Public Education Committee met Tuesday to consider more than two dozen bills. Chairman Dan Huberty (R-Houston) began the hearing with more discussion of House Bill (HB) 21, House leadership’s priority school finance bill that would add $1.6 billion to the public school system. Huberty announced that the much-anticipated committee substitute should be posted this week.

The committee heard extensive testimony over the last two weeks regarding how to structure $200 million allocated for hardship grants to ease the burden primarily on schools facing the expiration of Additional State Aid for Tax Reduction (ASATR) funding. Huberty indicated $125 million would be allocated the first year, and $75 million the second year. State Rep. Ken King (R-Canadian), who chairs the subcommittee on Educator Quality, explained districts taxing at the max level will get larger prorated grants under the program. Grants could be no larger than the actual amount of the lost ASATR funding, or exceed ten percent of the overall grant.

Huberty added that House budget writers have identified $250 million of additional funds to bring the overall price tag of HB 21 to $1.9 billion. The chairman suggested those funds could be focused toward CTE, computer technology and bilingual education. Huberty concluded by stating his intention to finalize committee substitute language this week and hold a vote on the bill next week. ATPE continues to support HB 21 as an important step toward larger reform of the school finance system.

HB 1776 by state Rep. Trent Ashby (R-Lufkin), who chairs the House Appropriations Subcommittee that oversees public education funding, would replace the U.S. history end-of-course assessment with the same civics test administered to those applying for U.S. citizenship and allow students to take the test at any time, beginning in grade nine. Ashby argued the current U.S. history end-of-course exam is overly burdensome both for students and teachers. According to the fiscal note, the change would save an estimated $2 million through the biennium ending in August 2019.

HB 22 is Chairman Huberty’s answer to addressing some of the unintended consequences of the “A through F” accountability system. In short, the legislation would collapse the number of domains from five to three and eliminate the overall letter grade for schools and districts. The bill would also add a wide variety of additional performance indicators intended to decrease the reliance on standardized test data, and draw distinctions between “D” and “F” ratings – with particular regard to the accompanying accountability triggers.

Calling the system “flawed,” Huberty suggested HB 22 would move the emphasis away from standardized tests and factors influenced heavily by economic disparities. The bill is the product of collaboration between committee members, Texas Education Agency (TEA) Commissioner Mike Morath and school administrators. The fiscal note estimates HB 22 would cost $4.5 million over the next biennium, and $3.5 million the following biennium.

The legislation would further delay implementation by another school year. Commissioner Morath told the committee that the legislation fixes “unintended mathematical consequences,” and said the additional time is needed to model changes and write new rules. Alief ISD Superintendent H.D. Chambers testified that letter grades fail to adequately capture performance, and were never intended to be part of the five-domain accountability system created by the 84th Texas Legislature.

Responding to concern raised by state Rep. Dwayne Bohac (R-Houston) over the elimination of the overall grade, Huberty said “A through F” came with numerous problems. The scheme replaces the current pass/fail accountability system, under which 94 percent of schools are listed as meeting performance expectations. Under “A through F,” many schools and districts received poor grades despite being recognized by the state for outstanding performance during the same year.

“I’m tired of listening to rhetoric about our failing schools,” said Huberty, who suggested lawmakers should focus instead on finding and fixing issues leading to problems. State Rep. Alma Allen (D-Houston) agreed “A through F” doesn’t provide a “true picture” of what’s happening within public schools and local communities, and praised the bill as an important step toward improvement.

ATPE lobbyist Monty Exter testified in support of HB 22, pointing out that several states have recently repealed “A through F” systems over the same concerns. While grateful for the inclusion of a teacher quality component, ATPE advocated for ensuring value-added metrics (VAM) are not used for teacher quality measurement. ATPE also advocated for a statutory requirement that the commissioner include a panel of stakeholders, including parents and campus-level educators, in the rulemaking and implementation process. Additionally, ATPE advocated for adding a layer of simplistic language that is more descriptive than a single letter, and which would let parents know what each rating is telling them about their particular school.

Acknowledging the need to fix the shortcomings of “A through F,” Huberty told the committee, “We cannot go home without getting this done.” The chairman encouraged interested parties to continue to engage on HB 22, with a goal of finalizing a committee substitute before next week’s hearing.

HB 1336 by state Rep. Jeff Leach (R-Plano) would require school districts to include in their annual financial management reports the costs associated with administering assessments required by state law. Leach pointed out policymakers don’t know how much the state is asking local districts to spend indirectly in order to administer tests. ATPE supports this bill.

HB 145 by state Rep. Harold Dutton (D-Houston) would require any district with a student enrollment that includes more than 1,000 African-American males to use only the academic achievement differentials among African-American males for accountability purposes under the first domain of “A through F.” Supporters of HB 145 argue that empirical methods should be used to assess the differences in achievement for African-American males as a demographic group, with the goal of closing performance gaps and ending the reliance on anecdotal information. The fiscal note anticipates a cost of $273,000 the first year and $257,000 each subsequent year for the employment of two additional TEA positions to track the data.

HB 61 by state Rep. Ryan Guillen (D-Rio Grande City) would include metrics regarding the academic performance of students formerly receiving special education services on the list of performance indicators utilized by the “A through F” public school accountability system. Guillen argued the bill would give districts an incentive to encourage special education students to advance.

HB 79 by Rep. Guillen would eliminate the cap the percentage of special education students who take alternative assessments, as opposed to standard assessments. The bill would further prohibit using the percentage of special education students who take alternative assessments for performance, compliance or accountability purposes. ATPE supports this bill.

HB 1500 by state Rep. Helen Giddings (D-DeSoto) would add the percentage of students who earn an associate degree to the list of performance indicators under “A through F.” ATPE supports this bill.

HB 1057 by state Rep. Senfronia Thompson (D-Houston) would add pre-AP and pre-IB participation to the performance indicators under the “A through F” system, along with the percentage of student who have received credit by examination, the percentage of students who have been promoted over their grade level and the percentage who received a diploma in three years or less. ATPE supports this bill.

HB 1174 by state Rep. Gina Hinojosa (D-Austin) would add the percentage of students who have successfully completed on “OnRamps” dual enrollment course to the list of performance indicators under the “A through F” accountability system. ATPE supports this bill.

HB 988 and HB 989 by state Rep. Mary González (D-El Paso) would create a pilot program to develop a portfolio method to assess student performance. HB 988 would create a program for grades three through eight and HB 989 would create a program for high school students. González explained balancing standardized test results with holistic measures would yield a much more useful and accurate picture of student performance. ATPE supports both of these bills.

HB 1650 by state Rep. Craig Goldman (R-Fort Worth) would allow a student who passes a dual credit course on U.S. history to skip the U.S. history end-of-course exam. ATPE supports this bill.

HB 795 by state Rep. Jarvis Johnson (D-Houston) would require a committee appointed by the education commissioner to review any challenge to academic or financial accountability ratings raised by a school district or charter school, regardless of the issue. A successful challenge raised under this legislation would allow charter schools facing charter revocation due to unacceptable academic or financial accountability ratings to stop the clock on the proceedings under the current “three strikes” law.

HB 1993 by state Rep. Rodney Anderson (R-Grand Prairie) would require the education commissioner to adopt procedures to identify nationally recognized, norm-referenced assessment instruments as additional alternative assessment instruments that may be used to evaluate student achievement under “A through F.” The bill would further require the commissioner to apply for federal waivers to allow for multiple instruments for assessing students in the same grade. According to the fiscal note, HB 1993 would cost the state an additional $1.6 million per year.

HB 3607 by Rep. King would eliminate end-of-course exams for high school students. It would also require the commissioner to identify a procedure for districts to select the Texas Success Initiative (TSI) or a nationally recognized norm-referenced exam, such as the SAT or ACT, as the assessment instrument to be administered to students in grade 11. According to the fiscal note, HB 3607 would save the state $2.5 million per year.

ATPE lobbyist Monty Exter testified neutrally on the bill. Acknowledging the laudable goal of reducing high-stakes testing, Exter noted that norm-referenced tests are not appropriate for accountability purposes because they are designed so that results will fall along a bell curve. ATPE warned against allowing districts to use multiple assessment instruments. Currently, the only benefit of a statewide testing system is data comparability, which is lost when districts use different tests. ATPE also advocated for educators to have a stronger role helping vet out test deficiencies at the agency level.

HB 1731 by Rep. King (R-Canadian) would exclude students who leave a residential treatment facility and fail to enroll in a nearby school from the calculation of those schools’ dropout rates, provided those students would not otherwise be enrolled there. ATPE supports this bill.

HB 515 by state Rep. Gary VanDeaver (R-New Boston) would eliminate writing and social studies assessments and require only end-of-course assessments in reading, math and science as required by federal law under the Every Student Succeeds Act (ESSA). The writing assessment has long been criticized, and VanDeaver argued HB 515 could help reduce overtesting. Agency staff suggested that eliminating writing assessments could run afoul of the U.S. Department of Education’s interpretation of federal guidelines, which could potentially result in a financial penalty. Staff suggested the conflict might be ameliorated by removing writing from the state’s English Language Arts and Reading (ELAR) guidelines. The fiscal note estimates HB 515 would save the state $23 million through the next biennium. ATPE supports this bill.

HB 2263 by state Rep. Lance Gooden (R-Terrell) would no longer require campus intervention teams to continue to work with “improvement required” campuses until two years after performance standards are met. Agency staff testified that the process was “resource intensive, without providing much feedback.” Staff suggested that resources may be better spent at the front end of the intervention process, and districts would be able to determine whether additional help is needed to keep campuses from regressing.

HB 3828 by Chairman Huberty would adjust the triggers for commissioner action for failing schools to include those “rated unacceptable” and confine criteria to the “school progress” domain of the “A through F” system. The bill would modify the commissioner’s power to oversee turnaround plans and curtail the commissioner’s power to manage failing districts and require district workshops. Importantly, the bill requires a written turnaround plan with the agency and clear guidelines for implementation. After listening to public testimony, Huberty committed to work on a committee substitute for future consideration.

HB 789 by state Rep. Morgan Meyer (R-Dallas) would allow Highland Park ISD to modify the cut score for an examination for acceleration, placing the limit at 90 percent, rather than 80 percent. Meyer explained that some students who passed with an 80 percent score struggled after advancing.

HB 546 by state Rep. Joe Deshotel (D-Beaumont) would also limit state-required assessment instruments to assessments required by federal law. The fiscal note estimates a $2.9 million savings over the biennium. Noting that the language of HB 546 is wholly contained within HB 515 by Rep. VanDeaver, Rep. Deshotel pulled his bill from consideration in favor of supporting HB 515. ATPE supports this bill.

HB 657 by Vice-chair Diego Bernal (D-San Antonio) would allow the Admission, Review and Dismissal (ARC) committee of a student who participates in special education to promote a special education student to the next grade level after failing an assessment just once, provided that the committee determines the student has made significant progress in the measurable academic goals contained in the student’s individualized education program. Bernal explained that the passing rate for special education students on state assessments is roughly 30 percent, and scores usually do not improve after the third administration. Rather than subjecting students to multiple unnecessary examinations, Bernal argued parents and educators should be allowed flexibility. ATPE supports this bill.

HB 3104 by Rep. VanDeaver would require the TEA to adopt or develop exams in English Language Arts (ELA) for grades four and seven and at the end of English I and English II, instead of writing. The bill’s committee substitute would create a one-year pilot program to allow districts and charter schools to choose their own assessment instruments for writing and required to report their results. The fiscal note anticipates HB 3104 would save the state $7.5 million each year.

After listening to testimony on HB 3104, Chairman Huberty briefly paused to read a message from his son’s English teacher pointing out that the STAAR end-of-course assessment is approaching next week. The teacher reported students are stressed, even with her words of encouragement. Regardless of the test results, the teacher said, she’s proud at work they’ve done.

“The teachers are trying, but we’re not arming them with the ability to do their jobs,” Huberty concluded.

HB 3075 by Chairman Huberty would exclude students detained in a juvenile detention facility and educated by a public charter school from the computation of dropout and completion rates for charter school accountability purposes. Huberty explained public schools are already exempt, and HB 3075 would allow the same rule to apply to charters.

All of the above bills were left pending. The committee voted out a number of previously heard bills during a break in Tuesday’s testimony. Members unanimously approved the following:

  • HB 1645, which would allow students to get a varsity letter for participating in the Special Olympics.
  • HB 728, which would create an advanced computer science course to satisfy the third math or science credit.
  • HB 367, which would allow schools to assign a nonprofit to distribute leftover food to hungry students.
  • HB 878, which would allow districts to extend depository contracts for three additional two year terms as opposed to two, and to modify the contract for any extension.
  • HB 1270, which would allow excused absences for students to visit a military recruiting facility in the same way they are currently allowed to visit a college or university.
  • HB 264, which would update the information and public outreach materials for HB 5 passed by the 83rd Texas Legislature and extend the time period required for reporting.
  • HB 136, which would add CTE and workforce training to the mission of public education.
  • HB 357, which would allow the children of first responders eligible for Star of Texas awards to receive free prekindergarten services.

Those bills will next head to the Calendars Committee to await a date for consideration before the full Texas House of Representatives. Before adjourning, Huberty referred the following bills to the Subcommittee on Educator Quality: HB 1799, HB 1869, HB 1918, HB 2209, HB 3769 and SB 7.

Huberty reiterated his intent to vote on a substitute for HB 21 next week. The next meeting will feature a variety of bills, including more legislation affecting charter schools.

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

Happy St. Patrick’s Day! Here’s a look at this week’s education news from ATPE:


17_web_AdvocacyCentral_RotatorImages_ATC_1217-49_StopVouchersOn Tuesday, March 21, the Senate Education Committee will hear Senate Bill (SB) 3, a voucher bill by the committee’s chairman Sen. Larry Taylor (R-Friendswood). The bill is among the lieutenant governor’s highest priorities to pass this legislative session, and educators are being urged to contact their senators to oppose this bill. ATPE members can use our communication tools at Advocacy Central to quickly message their senators about this bill.

NO VOUCHERSAs reported by ATPE Lobbyist Kate Kuhlmann in a blog post earlier this week, SB 3 has been called a “school voucher on steroids,” because it authorizes both Education Savings Account (ESA) vouchers for parents to spend on their children’s home or private schooling and tax credit scholarships to pay for private schools. To learn more about the dangers of these two programs, check out ATPE Lobbyist Monty Exter’s recent analysis of the bill here.

The Senate Education Committee had originally planned to hear SB 3 this week, but the voucher bill was postponed to next Tuesday. During yesterday’s hearing, the committee instead heard testimony on three bills pertaining to reporting on counselors, the use of epinephrine auto-injectors (epi-pens) in private schools, and the sequencing of high school math and English courses. ATPE supported SB 490 that requires districts to report the number of school counselors providing counseling services at a campus, which is aimed at collecting data on counseling in order to better understand the role counselors play on a campus.

 


HPE_03-14-17On Tuesday, March 14, the House Public Education Committee heard a number of bills, as reported by ATPE Lobbyist Mark Wiggins in a blog post this week. ATPE weighed in on a number of the bills that included such subjects as curriculum standards, pre-kindergarten programs, and the school start date.

Next week, the committee’s Subcommittee on Educator Quality will meet Monday, March 20, to consider bills pertaining to educator misconduct, certification, and the importance of high-quality mentoring for new teachers. The full committee’s hearing on Tuesday, March 21, will cover two dozen bills, including a number of measures aimed at changing the state’s accountability system. The highest profile bill on that list is House Bill (HB) 22 by the committee’s chairman, Rep. Dan Huberty (R-Kingwood) to modify the controversial “A through F” accountability grading system. The committee also plans to resume its discussion of the chairman’s school finance reform bill, HB 21.

 


cutting budget with scissor on wooden backgroundAlso this week, Congress got its first formal look at President Trump’s proposal for the next federal budget. As expected, the 2018 budget proposal includes significant cuts to education funding as a whole and significant increases to initiatives preferred by the president. Trump’s plan includes an overall $9 billion in cuts to the U.S. Department of Education while a total of $1.4 billion would be added to fund charter school expansion, Title I funding portability, and likely vouchers. Read more about President Trump’s budget proposal as well as the latest developments involving the Every Student Succeeds Act (ESSA) in ATPE Lobbyist Kate Kuhlmann’s most recent federal update blog post.

 


As the both chambers of the 85th Legislature continue to work on their respective budget proposals, the full Senate Finance committee met this week to adopt the suggestions of its subject area work groups, including the Article III work group on public and higher education.

The full Senate Finance Committee cut an additional 276 million net dollars in programmatic and grant funding out of the Texas Education Agency (TEA) budget. Those cuts are in addition to programmatic cuts not related to the Foundation School Program (FSP) already found in the Senate’s base budget bill as filed. The largest cuts were a net cut of $140 million from non-formula pre-K funding, $104.6 million out of the Instructional Materials Allotment, and $47.5 million from the New Instructional Facilities Allotment. The cuts to all other programs in TEA’s budget totaled approximately $37 million and included things like substantial cuts to the Math and Reading Academies.

The Senate did add dollars to some TEA programs above its introduced budget. The additions totaled approximately $50 million and included items like $25.2 million for the E-rate program that will draw down a $250 million federal match to provide broadband to school districts currently lacking it; $391,000 on two additional investigators and one support staff member to address cases of inappropriate relationships between educators and students investigated by TEA; and $10 million restored to the Student Success Initiative, which had been zeroed out in the introduced budget.

While TEA program and grant funding took the largest cuts ($276 million) this week, TRS got the biggest boost, a net increase of $290 million over the Senate’s introduced bill after additions and cuts. The Senate added $316 million in funding for TRS-Care contingent on the passage of legislation that makes significant structural changes to the retiree healthcare plans.

Meanwhile, the House adopted very few changes to its version of the proposed public education budget this week, but did adopt one very important contingency rider. That rider would allow an additional $1.47 billion of General Revenue to be appropriated to the FSP; for the Basic Allotment to be increased from $5,140 to $5,350; and for implementation of a statutory FSP payment deferral in fiscal year 2019 which reduces the cost of the budget by $1.87 billion. The rider is contingent on the passage of school finance legislation such as Rep. Dan Huberty’s HB 21 plus a bill that would enact the FSP deferral. ATPE has advocated for such a deferral to help address budget deficits this session.

Gary G. Godsey

Gary G. Godsey

Related: Read a recently published op-ed by ATPE Executive Director Gary Godsey, in which he urges lawmakers to consider using the state’s rainy day fund to address imminent education funding needs.

Also check out this Spectrum News story in which ATPE Lobbyist Monty Exter is interviewed about the Senate’s proposed pre-K cuts.

 


In other news this week:

The Texas Senate passed another of Lt. Gov. Dan Patrick’s legislative priorities through Senate Bill (SB) 6. The controversial bill by Sen. Lois Kolkhorst (R-Brenham) to regulate bathroom usage policies of school districts and other governmental entities was approved by a vote of 21-10, despite considerable public opposition to the measure.

Among the flurry of new bills filed just before last Friday’s deadline for lawmakers to submit new legislation were two TRS-related bills that have caused a minor stir on social media. Sen. Paul Bettencourt’s (R-Houston) SB 1750 and SB 1751 revive the concept of converting the TRS defined-benefit pension plan in the future to a defined contribution program, more like a 401(k) plan, or a hybrid of the two. The first bill calls only for an interim study of the idea, while the second bill would authorize TRS and ERS (the agency overseeing a similar pension plan for state employees) to create such a program as an alternative for new employees. At this point, there are no indications that SB 1751 will gain traction this session when lawmakers are much more focused on the funding challenges associated with the TRS healthcare programs. ATPE Lobbyist Monty Exter was interviewed about the bill this week by Spectrum News.

Donna Bahorich

Donna Bahorich

The Senate also voted unanimously this week to confirm Donna Bahorich’s continuation as chair of the State Board of Education (SBOE). Bahorich was first elected to the SBOE in 2012, and she has held the role of board chair, a gubernatorial appointment, since 2015. Commissioner of Education Mike Morath was also confirmed.

 


Are you following ATPE’s Governmental Relations team on Twitter?

 

Federal Update: Trump budget proposal, new ESSA guidelines for state plans

President Donald Trump released his 2018 federal budget proposal today, which would cut funding for the U.S. Department of Education (ED) by $9 billion and invest significant dollars into vouchers, charter school expansion, and portability funding. The budget proposal comes a week after Congress voted to scrap Obama-era Every Student Succeeds Act (ESSA) accountability rules and days after ED released its new guidance for states to use while designing their ESSA plans.

President Trump’s 2018 budget proposal

The President’s budget blueprint proposes to cut funding for ED by 13%, reducing its budget from the current level of $68 billion to $59 billion. Cuts to those programs come in various areas affecting both K-12 and higher education funding. Congress will consider the proposal as they negotiate the budget they are tasked with writing.

Dollar banknotes heapThe budget proposal entirely cuts a program aimed at recruiting, supporting, and training educators. That program, which primarily focuses on educators in high-needs schools, totals $2.4 billion. The 1st Century Community Learning Centers program that totals $1.2 billion and provides funding for before-school, after-school, and summer enrichment programs would also be gutted. Other programs seeing significant cuts would include Federal Work-Study, TRIO, and GEAR UP (the latter two both support disadvantaged students in becoming college ready).

“The 2018 Budget places power in the hands of parents and families to choose schools that are best for their children by investing an additional $1.4 billion in school choice programs,” opening lines of the ED section of the blueprint read.

In the case of President Trump’s budget, school choice means charter school expansion, portability funding, and vouchers, and, although no specifics are offered, the $1.4 billion dedicated in 2018 would ramp up to an annual total of $20 billion (a number then candidate Trump touted on the campaign trail) over the course of an unspecified time. The budget also estimates that funding for these projects will hit $100 billion when state and local matching funds are included. Trump campaigned on a plan that would “favor” states with private school choice and charter laws.

Specifically, President Trump’s proposal provides a $168 million increase in funding for charter schools, $250 million that would go toward a new (but undefined) private school choice program, and a $1 billion increase to Title I funding that would all be dedicated to portability within public schools, a term commonly used to refer to the idea of Title I money following the child to the school of their choice (rather than focusing the money on schools with the most need). ATPE wrote a letter to members of Congress in 2015 that touched on portability funding. Title I portability was being considered at the time but didn’t pass.

One thing the budget outlined by the White House doesn’t touch is funding for educating students with disabilities. While the Individuals with Disabilities Education Act (IDEA) remains vastly underfunded, President Trump’s budget maintains its funding level at around $13 billion. IDEA was passed by Congress with the promise to give states 40 percent of the cost required to educate children with disabilities. However, the federal share has fallen significantly short for decades; it now sits around 16 percent.

(I have a little more here on the federal budget process as a whole. The post is from 2015 and also offers a look back at how a budget proposal under President Obama and the Congressional budgeting process compared.)

New ESSA guidance on state plans

A few days before President Trump released his budget proposal, ED released a new guideline document for states to use as they develop their state plans required under ESSA. The guidelines replace a similar document issued by the Obama administration late last year, which was aligned to the accountability rule Congress scrapped last week. The new guidelines align only with what is written in ESSA, since the now obsolete rule has no teeth and ED cannot replace it unless Congress writes a new law that gives the department the new authority.

ThinkstockPhotos-478554066_F gradeUltimately, states have more flexibility with regard to designing their plans. That includes offering summative accountability scores for districts, which ATPE argued against in comments to the Obama administration. Texas enacted an “A through F” grading system for schools last legislative session and there are bills in the current legislature that aim to tweak the system prior to its going into effect next school year. Despite the lack of requirement from the federal government and the fact that several states have abandoned their own versions of the letter grading system, Texas does not seem poised to scrap the “A through F” grading aspect of the law.

States must still submit their ESSA state plans by April 3 for review and by September 18 for approval. The Texas Education Agency has yet to share its ESSA plan.

 

Voucher alert: Patrick’s priority bill to be heard Tuesday

NO VOUCHERSUPDATE: This post has been updated to reflect that SB 3, originally scheduled for a committee hearing on Thursday, March 16, will be heard instead on Tuesday, March 21.

The Senate Education Committee will hear Senate Bill (SB) 3, Lieutenant Governor Dan Patrick’s priority voucher bill authored by Senate Education Committee Chairman Larry Taylor (R-Friendswood), Thursday Tuesday, March 21, at 9 a.m. The bill has been referred to as a “school voucher on steroids,” because it contains not one, but two forms of vouchers.

The bill sets up two different voucher programs: An education savings account (ESA) and a tax credit scholarship. One funnels public tax dollars through parents while the other allows a private vendor to redirect taxpayer money, but the result is the same. Under both, public tax dollars are sent to private entities without public oversight, transparency, or accountability. (My colleague, ATPE Lobbyist Monty Exter, has a thorough run-down of the bill and both proposed voucher programs here.)

17_web_Spotlight_AdvocacyCentral_1ATPE will oppose SB 3, as we do all efforts to privatize public education and redirect needed taxpayer dollars to private or home schools, but your voice must be heard too! ATPE members can log on to Advocacy Central to inform their legislators of their opposition to SB 3 and encourage committee members to vote against the legislation.

Visit the Senate broadcasts page to watch the hearing live on Thursday or search the archived footage for a chance to catch the hearing at a later date. All educators with free time over spring break are encouraged to attend and register their opposition to SB 3!

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

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


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

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

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

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ATPE state officers met with Speaker Straus Monday


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

 


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

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

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

 


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

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

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

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

 


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

 


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

 


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