Tag Archives: appraisal/evaluation

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); however, none of these 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

Bills addressing educators in the 85th Texas Legislature

Teacher Standing in Front of a Class of Raised Hands

Public education advocates mostly successful in fighting bad educator preparation policy

Teachers, districts, administrators, college deans, and more were unified this session in opposition to educator preparation policies that were bad for students. While our unity fended off some of the worst pieces, a handful of educator preparation bills that roll back standards adopted by the State Board for Educator Certification (SBEC) prevailed. A key piece of legislation opposed by the education community was SB 1278 by Chairman Taylor (R-Friendswood), as well as its companion bill HB 2924 by Dwayne Bohac (R-Houston). The majority of that legislation failed to pass, but one piece did and sits on the Governor’s desk.

That piece allows for 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. That language was also included as a standalone bill, HB 3044 by Chairman Dan Huberty (R-Humble), and was ultimately added to SB 1839 in the final hours of the session. SB 1839 was this session’s catch all bill for various preparation, certification, and professional policies (more about the pieces falling under the latter two categories in the remaining post). The bill also requires the sharing of relevant PEIMS data with educator preparation programs for use in assessing their programs, adds required educator preparation instruction in digital learning, and gives the commissioner the ability to write rules regarding flexibility for certain out-of-state certificate holders.

A law ATPE and others opposed that did pass involved training requirements for non-teaching certificates. The bill, SB 1963 by Sen. Brandon Creighton and companion bill HB 2775 by Rep. Dade Phelan, prohibits the SBEC from requiring programs to deliver one or more face-to-face support visits for principal, librarian, counselor, and diagnostician candidates during their clinical experience. SB 1963 passed as a standalone measure and was also included in SB 1839.

Early childhood certificate, professional development on digital learning make it to Governor

Pending the Govenor’s signature, teachers will soon have the option to seek a certificate specific to early childhood through grade 3 education. The SBEC is already in the process of determining the best way to train and certify teachers to teach our state’s early learners, but HB 2039 adds the required certificate and associated training into law. The language was also included in SB 1839, where additional language on professional development for digital learning and teaching methods is also housed. That was originally housed in a bill by Dwayne Bohac (R-Houston), HB 4064.

Another topic discussed throughout the session and included in several bills involved training for educators in methods specific to students with disabilities and students with dyslexia. HB 2209 by Rep. Mary Gonzalez (D-El Paso) and companion bill SB 529 by Sen. Eddie Lucio, Jr. (D-Brownsville) failed to pass or find a vehicle to ride to the governor’s desk, but they would have required training for educators in the universal design for learning framework, among other training for educating students with disabilities.

HB 1886 by Rep. Rick Miller (R-Sugar Land) requires the development of a list of dyslexia training opportunities for educators, employs a dyslexia specialist at all education service centers, and addresses several aspects of screening and transitioning for dyslexia students. The bill was sent to the governor for his signature.

Teacher mentor and appraisal bills bite the dust

Over the interim, Rep. Diego Bernal (D-San Antonio) visited with educators in schools across his district and developed a major takeaway that led to his filing of HB 816, a bill that outlined some requirements regarding teacher mentoring. Rep. Bernal, who also served as vice-chair of the House Public Education Committee this session, recognized that the addition of a mentor program in Texas could strengthen Texas teachers and minimize the cost and negative impacts of high teacher turnover rates. The bill made its way through the House chamber but hit a wall once it was sent to the Senate, where it never moved.

Another bill supported by ATPE received even less love. HB 3692 by Rep. Joe Deshotel (D-Beaumont) would have prohibited the state from using student standardized assessments when determining the performance of students under the teacher appraisal system. The bill got a hearing in the House, but was left pending.

A bill involving mentor teachers and teacher appraisals, among other things, HB 2941 by Rep. Harold Dutton and its companion bill SB 2200 by Sen. Eddie Lucio, Jr. (D-Brownsville) didn’t receive the votes to advance beyond their respective chambers.

Educator misconduct omnibus bill becomes law

Right off the bat, the legislature began its 85th session with legislation to address a type of educator misconduct that became the subject of many news stories over the interim: “passing the trash,” which involves educators accused of inappropriate relationships being dismissed from their jobs but having the chance to work in other schools because the appropriate administrators failed to report the incident or share their knowledge of the incident with future employers. Ultimately, the legislature passed SB 7 by Sen. Paul Bettencourt (R-Houston), a compilation of several pieces of legislation filed to address this issue and others.

SB 7 adds to the punishments and protocols for reporting, requires training in educator preparation programs, adds to continuing education requirements, requires school districts to adopt electronic communication policies, increases penalties for educators found to engage in inappropriate relationships, and revokes the pension annuities of educators convicted of certain types of criminal misconduct. The bill was signed into law last week by Governor Abbott.

Districts of innovation educator loophole addressed, overall law left alone

SB 7 also seeks to address another issue that arose over the interim, this time because of legislation passed last session. As more and more districts opted to become a district of innovation (DOI) and certification became one of the most popular exemptions under the law, it became more and more concerning that the state lacked the ability to sanction and prevent from future school employment any non-certified educators who engage in prohibited misconduct. While the new law is full of efforts to close this specific DOI loophole for non-certified educators, lawmakers ultimately did nothing with bills that sought to address the DOI law itself.

For instance, HB 972 by Rep. Helen Giddings (D-Dallas) would have partly disallowed districts from exempting themselves from teacher certification laws by disallowing a district from assigning most students in first through sixth grade 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. Similarly, HB 1867 by Rep. Mary Gonzalez (D-El Paso) would have removed educator certification from the exemptions available to districts under DOI. That bill failed to pass either chamber.

Another popular exemption under districts of innovation, or rather the most popular exemption, is the school start date. Bills to alter the school start date or remove it from possible exemptions under DOI also failed to make it through the legislative process. SB 2052 by Chairman Larry Taylor (R-Friendswood), which would have done both, received a hearing in his committee but was left pending where it died.

Grab bag of other educator bills face different fates

Last session the Texas legislature changed the requirements for the amount of time a school must operate from a certain number of days to an equivalent number of minutes. The change resulted in a situation where teacher contracts, which are still based on days (roughly days in the school year plus service hours in a school year), didn’t accurately align with the new school schedules. Language to address this issue was added to HB 2442 by Rep. Ken King (R-Canadian). The bill gives the commissioner authority to write rules granting flexibility of teacher contract days and was sent to the Governor.

Two other bills by Sen. Carlos Uresti (D-San Antonio) weren’t as lucky. SB 1317 would have prevented a district from requiring a teacher to report to work more than seven days before the first day of school, with an exemption for new teachers who couldn’t be called in more than ten days prior. SB 1854 would have reduced unnecessary paperwork currently required of classroom teachers in schools. Neither made it through the full legislative process.

Teach the Vote’s Week in Review: May 5, 2017

Here are education news stories you might have missed this week from ATPE Governmental Relations:

 


ThinkstockPhotos-455285291_gavelA settlement agreement was executed Wednesday between ATPE and three other teacher groups that sued the state over the commissioner’s T-TESS rules for teacher evaluation. Under terms of the settlement, Commissioner of Education Mike Morath will revise the T-TESS rules to eliminate requirements that districts use four specific methods, including controversial Value-Added Measures, to evaluate student growth for purposes of teacher appraisals.

Read more about the settlement here.

 


ThinkstockPhotos-99674144We’ve reached the 117th day of the 85th legislative session with only three full weeks left for lawmakers to pass a state budget. Monday, May 8, is the first of several important session deadlines approaching quickly: the last day for House committees to report out House bills. House bills that don’t make it out of a House committee by then will be considered procedurally dead, although many “dead” bills can still resurface in the form of companion bills or amendments to other bills. Committees, especially on the House side, had a busy week of hearings ahead of the deadlines, and several late nights of floor debate. The House is scheduled to hold a Saturday session tomorrow, too.

Several significant education bills made it through either the House or Senate chamber this week, as reported by ATPE’s lobbyists. In the Senate, a popular bill passed to extend the law allowing the continuation of individual graduation committees for certain high school students unable to pass all required STAAR tests. Sen. Kel Seliger’s (R-Amarillo) SB 463 now heads to the House for consideration. The Senate also approved an amended version of SB 179 by Sen. Jose Menendez (D-San Antonio), an anti-bullying measure known as David’s Law. Other bills passing the Senate this week dealt with educator certification, charter schools, and a study on school finance. For more about the Senate’s work this week, check out this blog post from ATPE Lobbyist Kate Kuhlmann.

In the lower chamber, House Public Education Committee Chairman Dan Huberty (R-Kingwood) saw two more of his most significant bills pass the full House this week. HB 22 improves the state’s “A through F” accountability system for schools by condensing the number of domains from five to three and eliminating the overall summative grade that would have been assigned to schools. An ATPE-supported floor amendment by Rep. Gary VanDeaver (R-New Boston) also calls for the Texas Education Agency to supply narrative descriptions of the ratings assigned in an effort to help parents and the public better understand their significance. Another ATPE-supported floor amendment by Rep. Jason Isaac (R-Dripping Springs) that would have further reduced the emphasis on student test scores in the accountability system was rejected. Huberty’s HB 23 also got a nod of approval from the House; the bill creates a grant program to help public schools, including charter schools, offer specialty services for students with disabilities. An attempted floor amendment by Rep. Ron Simmons (R-Carrollton) that would have funded private school vouchers was withdrawn during the debate. The House also approved Rep. VanDeaver’s HB 515, an ATPE-supported bill that reduces mandatory testing. Also, HB 3976 by Rep. Trent Ashby (R-Lufkin), offering changes to try to shore up the TRS-Care health insurance program for retired educators, passed the House on a 140-0 vote yesterday.

Numerous bills made it past the House Public Education Committee this week as reported by ATPE Lobbyist Mark Wiggins. For complete details, check out his latest blog posts here, here, and here.

 


 

 

ATPE settles lawsuit over state’s teacher evaluation system

ThinkstockPhotos-487217874_breakingATPE and other parties to a lawsuit over the state’s new recommended teacher appraisal system known as T-TESS have reached a settlement agreement.

ATPE and three other teacher associations sued the state in April 2016 alleging that new commissioner’s rules to implement T-TESS violated state laws and were against public policy. Through the Office of the Attorney General, which represented the Texas Education Agency in the lawsuit, Commissioner of Education Mike Morath has agreed to revise the rules in exchange for the four teacher groups’ suspending their legal challenges.

The terms of the settlement agreement call for removal of language in the commissioner’s rules that require districts to employ four specific student growth measures in evaluating teachers under the T-TESS model. One of those four criteria was “value-added data based on student state assessment results,” often called Value-Added Measurement or Value-Added Modeling (VAM). ATPE has long criticized the use of VAM for high-stakes purposes based on concerns about the validity and fairness of the controversial model.

‘VAM attempts to use complex statistical calculations on students’ standardized test scores in previous years to predict how well a student should perform on future tests; the resulting test performance of an individual student – not accounting for myriad outside factors – is supposed to magically show whether that student’s most recent teacher was effective or not,” said ATPE Governmental Relations Director Jennifer Canaday at the time the lawsuits challenging the rules were filed.

ATPE Member Legal Services Director Donna Derryberry described the compromise struck this week as one that “will give districts more local control over their appraisal process” without being required to use VAM. “This is a great victory for all Texas teachers,” added Derryberry, “and ATPE is proud to have been instrumental in this settlement.”

Education Committees discuss educator preparation bills and more

The House Public Education Subcommittee on Educator Quality and the Senate Education Committee met yesterday and today, respectively, to take up a variety of issues. A bill opposed by ATPE pertaining to educator preparation was up in both committees. A handful of other educator training and certification bills, legislation aimed at teacher quality, and the bill to extend individual graduation committees were also heard in committee.

Lowered educator preparation standards hurt teachers, students

House Bill (HB) 2924 and Senate Bill (SB) 1278 are companion bills pertaining to educator preparation program and candidate requirements in Texas. A bill passed by the legislature last session raised standards for educator preparation in Texas. In conjunction with the standard rule review process at the State Board for Educator Certification (SBEC), that bill resulted, after almost 2 years of thoughtful deliberations, in rules that raised standards for educator preparation programs (EPP), EPP candidates, EPP entrance requirements, and certification. ATPE was supportive of the rule review process, a process driven by a board of educators working in the field. We are opposed to initiatives that aim to roll back some of those rule provisions, and, unfortunately, SB 1278 and HB 2924 would do just that. ATPE opposed the bills based on the strong and evidence-backed belief that all educator candidates deserve strong training and support prior to full certification.

ATPE expressed concerns shared by those in the education committee, including administrators, teachers, University Deans, districts, educator quality groups, and more. In the Senate Education Committee, discussion included the fact that the only groups testifying in support of the legislation were for-profit educator preparation providers. These groups, in many cases, have a profit incentive to keep standards low, and under this bill, would seek to roll back the raised standards accomplished over the past two years through SBEC. Senators also heard from teachers in the field who testified that rolling back the standards would only result in educators being set up for failure once in the classroom. The bill was ultimately left pending.

House Public Education Subcommittee on Educator Quality

The Educator Quality Subcommittee heard a number of other measures pertaining to educator preparation that ATPE opposed based on the same principle and understanding that we do a disservice to teachers and students if we put ill-prepared educators in the high-stakes classroom and expect them to achieve excellence. The committee also heard two certification focused bills that ATPE supported; both HB 3563 and HB 1867 focus on well certified and well trained educators in classrooms. Another bill ATPE supported, HB 3692, would prohibit the use of student standardized test scores as a measure of teacher performance in an appraisal system.

ATPE also testified neutrally on two bills that dealt with separate topics but both entail work currently being done at the Texas Education Agency (TEA). HB 2941 would change appraisal rules currently in law at a time when TEA is still in the process of implementing its new commissioner recommended appraisal system, the Texas Teacher Evaluation and Support System (T-TESS). Similarly, HB 2039 would create a new Early Childhood through Grade 3 Certificate, which the SBEC is currently in the process of thoroughly reviewing as one of several avenues to help early childhood teachers get the specific instruction needed to best teach early childhood students.

Senate Education Committee

In the Senate Education Committee, ATPE supported SB 196, requiring parental notification when a campus lacks a nurse, school counselor, or librarian; SB 1854, aimed at reducing required paperwork for classroom teachers; and SB 1353, putting in place a process for dealing with the facilities of certain annexed districts.

We also supported SB 463, a bill to permanently extend the individual graduation committees (IGCs) passed into law last session on a trial basis. (More on the bill here.) ATPE joined the education committee in strongly embracing the bill to make IGCs a permanent option for otherwise successful students who struggle to pass state standardized tests. TEA recently released the 2015-2016 IGC data, which can be found here. ATPE thanks Senator Seliger (R-Amarillo) for championing this common sense, meaningful legislation, because many students shouldn’t be defined by their ability to pass “the” test and testing struggles shouldn’t inhibit their future success!

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

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


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

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

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

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


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

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

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Kate Kuhlmann testifying at SBEC, Dec. 9, 2016

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

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

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

 


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

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

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

 


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

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

 


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

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

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

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

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

Congratulations to all of the honorees for their outstanding work!

FOTPS_2016

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


 

Teach the Vote’s Week in Review: Oct. 21, 2016

As you prepare to cast your vote in the general election, we’ve got the latest in education news updates:


Elections 2016 Card with Bokeh BackgroundYour first chance to vote for pro-public education candidates in the general election begins Monday! Start making plans today to take advantage of the convenience of early voting!

Early voting starts Monday, Oct. 24, and runs through Friday, Nov. 4, with Election Day quickly following on Tuesday, Nov. 8. Early voting is a quick and easy way to avoid the hassle of getting to the polls on Election Day, when voters sometimes face last-minute scheduling conflicts that make getting to the polls difficult or lines at the polls once they arrive. Plus, unlike Election Day voting, early voters do not have to vote at their assigned precinct location; they simply cast a ballot at any early voting location in their county. To find early voting locations and hours in your area, check your local newspaper or contact your local voter registrar’s office.

ThinkstockPhotos-470725623_voteYou can read more about voting requirements here, but keep in mind that you must present a valid form of photo identification in order to vote and certain voters qualify for a mail in ballot (for example, those who are 65 years or older or those with disabilities). You can also read about the ways the Texas Educators Vote coalition, of which ATPE is a member, is encouraging educators to vote. Many districts and campuses are offering incentives for registered educators and students who wear their “I Voted!” sticker to school!

Before you head to the polls, be sure to check out where your state legislators and your member of the State Board of Education stand on public education issues. Visit our 2016 Races page to search for your districts and read about the candidates in those races. Remember that in November you can vote for any candidate in the general election, regardless of party affiliation. Make your plans to vote during early voting now!

 


NO VOUCHERSEarlier this week the House Public Education Committee met to discuss vouchers in its final interim hearing before the 85th Legislative Session begins in January. The committee was primarily focused on the two forms of vouchers the Senate is expected to push: Education Savings Accounts (ESAs) and Tax Credit Scholarships. As ATPE Lobbyist Monty Exter reports in his recap here, the House panel ultimately seemed to signal that vouchers of any kind continue to face a difficult road in the committee. However, two members are rolling off the committee, the committee’s chairman and a former educator, both of whom have been valued supporters of Texas public schools.

Meanwhile, the Senate remains focused on its push for school choice in the form of ESAs. At a press conference on Thursday before a gathering of Dallas area business leaders, Lieutenant Governor Dan Patrick outlined his 85th Legislative Session policy priorities. On education, ESAs topped his list, and he vowed to fight session after session for “school choice” initiatives in Texas. Exter offers a recap of his discussion on ESAs and highlights priorities that would be truly effective here. Also on his agenda of education priorities are bills to curb districts accused of failing to report inappropriate student-teacher relationships, a transgender bathroom bill termed the “Women’s Protection Act,” and fine-tuning of the cameras in the classroom bill passed last session (in order to ensure all districts comply).

ATPE Lobbyist Kate Kuhlmann speaking with KXAN's Phil Prazan this week.

ATPE Lobbyist Kate Kuhlmann speaking with KXAN’s Phil Prazan this week.

For more on this week’s voucher developments, catch a sampling of ATPE in the news. Exter spoke to KVUE after this week’s voucher hearing in the House Public Education Committee and to the Dallas Morning News later in the week. Plus, ATPE Lobbyist Kate Kuhlmann visited with KXAN about ESAs following Patrick’s press conference and ATPE Executive Director Gary Godsey sat down with KEYE to talk about Patrick’s education priorities, where “school choice” and vouchers top the list.

 


tea-logo-header-2The Texas Education Agency (TEA) is asking for input on the state’s plan to implement the Every Student Succeeds Act (ESSA), the new federal education law that replaced No Child Left Behind. Acknowledging that a significant amount of education decision making was returned to states under the new law, TEA wants to hear from parents, taxpayers, and the public as it determines how the law will affect state policies surrounding accountability, funding, and school improvement, among other major issues.

“The passage of ESSA has created a unique opportunity to inform Texas’ education policy,” stated Texas Commissioner of Education Mike Morath in a press release issued yesterday. “However, we need input from all parts of our state to ensure that, under ESSA, all students in Texas can receive a high-quality education that prepares them for the future.”

TEA developed a survey for collecting input from the public, titled the ESSA Public Input Survey, which will be open through Nov. 18, 2016. The survey is open to anyone interested in providing input on the state’s implementation of ESSA, and data from the survey will be considered as the state develops its plan. The state must submit a final plan to the federal government by July 2017.

U.S. Dept of Education LogoIn related news, the US Department of Education (ED) released two new pieces of non-binding ESSA guidance this week. First, guidelines on how states can invest in early childhood education under the new law, among other things, provides clarification that funding under Title II can be used for professional development for prekindergarten teachers. The second set of guidelines outlines how states can use funding under a new block grant program: the Student Support and Academic Enrichment program. According ED, the new block grant is intended to help states “1) provide all students with access to a well-rounded education, 2) improve school conditions for student learning, and 3) improve the use of technology in order  to improve the academic achievement and digital literacy of all students.” Access the early education guidance here and guidance on the block grant program here.

 


Many teachers across the state are getting used to a new teacher evaluation system: the Texas Teacher Evaluation and Support System (T-TESS). The new system is in its first year of implementation statewide as the state’s new recommended evaluation system (districts have the option to create their own evaluation systems, but the vast majority of districts use the state-recommended system). Recently, two ATPE state office staff members observed the training that T-TESS appraisers receive and brought back practical tips to assist Texas educators currently navigating the new system. Head over to the ATPE Blog to see Part 1 and Part 2 of the series called “Navigating the T-TESS,” and be sure to check back for helpful tips ahead.

Also, as a reminder, don’t forget to utilize our T-TESS resource page on ATPE.org, where you’ll find details on the T-TESS design, history of the changes, links to news articles, and additional resources.

 


Federal Update: ED releases long delayed teacher preparation rules

U.S. Dept of Education LogoThe U.S. Department of Education (ED) has released a final set of regulations that lay out federal stipulations for states’ teacher preparation programs. The rules have seen delays since 2014, when an initial iteration was released. That initial proposal garnered significant input, and while some revisions are included in the newest version, the original proposal remains largely intact.

Under the newly released regulations, states will be required to develop a rating system aimed at evaluating the success of its teacher preparation programs. One piece of that rating system must analyze how programs’ teachers perform based on a measure of student academic achievement. This was a highly controversial piece retained from the original proposal, which was heavily-reliant on student test scores, but the newer version does provide flexibility with regard to how states determine student success. Ultimately, if programs don’t perform well on the state’s rating system, states will be required to cut off access to federal grants aimed at supporting teachers who teach in high-need certification areas and in low-income schools (or TEACH grants).

Teacher Standing in Front of a Class of Raised HandsThe rating system must also include the job placement data, retention rates, and feedback of programs’ graduates as well as the feedback from their graduates’ employers. Initial reactions to the final version of the regulations have been mixed. While some support the higher accountability to which programs will be held, others have concerns with the unintended consequences that could result, such as the effect a measure of student achievement could have on the support available for teachers going into high needs schools.

As we shared last week, Texas is at the end of a process to revamp its educator preparation accountability system. Much of what Texas has and is in the process of implementing is in line with the standards to be enforced by ED under its new regulations. One missing piece, however, is the inclusion of student achievement. While such a measure is included in Texas law and rules governing educator preparation programs (EPPs), to date, the Texas Education Agency (TEA) has been unable to find a valid way to measure student outcomes. TEA has, however, included a student growth measure in its new teacher evaluation system, the Texas Teacher Evaluation and Support System (T-TESS). The new system is in its first year of implementation statewide, but the measure of student growth piece is still in the pilot phase. ATPE and other organizations have filed legal challenges based in part on the inclusion of value-added modeling (VAM) as a element of the T-TESS model. The final commissioner’s rules for T-TESS outline four ways in which schools may assess student growth for purposes of teacher evaluations; VAM, which many consider to be an unfair and unreliable statistical calculation for this purpose, is one of the four options. Despite the pending litigation, the student growth piece of T-TESS  is set to take effect statewide next school year. With the new federal rules for EPPs calling on states to look specifically at the performance of students taught by those programs, it seems likely that Texas will at least consider further extension of the same questionable VAM methodology for EPP accountability.


For related content, read the perspectives of Kate Walsh with the National Council on Teacher Quality (NCTQ). She highlights her thoughts on the new regulations, including why she doesn’t disagree with ED’s decision to omit the previously required use of student test scores or VAM.


U.S. Secretary of Education John B. King and President Obama have stood by the administration’s new regulations and are joined by those who support stronger regulations for teacher preparation in the United States, but the rules have received criticism from congressional leaders and other stakeholders. As all of this plays out, two things create some uncertainty: 1) regardless of who is elected, it is relatively unknown how a new president would implement these regulations, and 2) Congress has been toying with reauthorizing the Higher Education Act, which has a questionable likelihood but would entail fresh laws that could render these new teacher preparation regulations meaningless. Plus, the price tag of implementing these regulations would be high for states (latest estimates from the administration indicate $27 million per year for the next 10 years). Bottom line, the final version of the regulations released today might not be the end of the road. Stay tuned to Teach the Vote for more.

Teach the Vote’s Week in Review: May 20, 2016

Important runoffs are happening in some parts of the state. We’ve got your election news and more in this week’s wrap-up:


Early vote pic from EAToday, May 20, is the last day to vote early in primary runoffs for Republican and Democratic races in which no candidate earned more than 50 percent of the votes on March 1. Polls close at 7 p.m. tonight. Several legislative and State Board of Education (SBOE) seats are up for grabs on Tuesday’s runoff election day.

Read our early voting blog post for a list of districts that have runoffs, tips on where to find your polling places, and more. Don’t forget to check out the runoff candidates’ profiles, including voting records and survey responses, using our 2016 Races search page.


Hotly contested runoffs capture attention of voters, political action committees, and media

Whether or not you live in SBOE District 9, chances are you’ve heard about the high-profile runoff contest taking place in that northeast corner of Texas. In the open seat to replace Thomas Ratliff (R), who is not seeking re-election, candidates Mary Lou Bruner and Dr. Keven Ellis are vying for the Republican nomination. Bruner attracted early attention from local and national media with her Facebook claims (as reported by The Texas Tribune and others) that President Obama had been a gay prostitute and drug addict. Those early Facebook posts have since been shielded from public view, but candidate Bruner has continued to shock voters with questionable assertions about public schools, including accusations about the number of substitutes holding teaching positions in a local school district and the percentage of students in special education.  Earlier this week we republished a story from The Texas Tribune about a meeting with area school superintendents who challenged Bruner on her dubious claims.

Following that meeting, an influential Tea Party group announced this week that it was retracting its earlier endorsement of Bruner. Grassroots America – We the People said in a statement, “We are all disappointed to have to take the strong measure of withdrawing our endorsement for a candidate. Since the institution of this organization in 2009, we have never had to take such an action; however, this organization requires accountability and personal responsibility from the candidates it endorses…. Unfortunately, once we viewed the raw, unedited video of Mrs. Bruner speaking to Region 7 Superintendents on May 4th and read her written statement, we had no choice but to start the process of reconsidering the endorsement.”

The fact that another Texas Tea Party group recently chose not only to reject Bruner but even to endorse Dr. Keven Ellis in this race underscores the serious concerns that many have expressed about Bruner’s ability to serve effectively on the SBOE. The publishers of the Texas Tea Party Voter Guide stated that Bruner “has gone too far and is making us all look like idiots. If she gets elected she will do more damage to the conservative movement than anything she might accomplish, so we are supporting Keven Ellis.” Interestingly, Ellis also earned the endorsement of Texas Parent PAC.

Bruner earned 48.4 percent of the vote in the March 1 primary compared to Ellis’s 31.05 percent. However, both candidates were relatively unknown at that time, and media interest in the race has put it on the radar of more voters and education stakeholders throughout the state. With Ellis appearing to capture increasing support from such diverse interests, this race will certainly be one to watch on Tuesday.

Also in the spotlight are runoffs for Senate Districts 1 and 24. SD 1 is an open seat, where incumbent Sen. Kevin Eltife (R) is not seeking re-election. Republican candidates and current state representatives David Simpson and Bryan Hughes are locked in a tight race with dueling endorsements, matching pleas for smaller government, and efforts to appeal to education voters. Simpson received the coveted endorsement of the pro-public education group Texas Parent PAC and is airing radio ads in which he touts his support for school funding and opposition to cuts to the public education budget. Hughes, meanwhile, is the only non-incumbent senator to be formally endorsed by Lt. Gov. Dan Patrick (R), after Patrick originally stated that he would not get involved in the primary races. Education reform and pro-privatization groups such as the Texas Home School Coalition and Texans for Fiscal Responsibility (Empower Texans) have backed Hughes, but he’s also using campaign ads to try to appeal to retired educators by featuring photos of his meetings with local retired teachers. This is a winner-take-all race on Tuesday since no Democrats or third-party candidates have filed to run for the open seat; Tuesday’s winner will take office in January 2017.

SD 24 is another open seat race worth watching on Tuesday night. State representative Susan King (R) and Dr. Dawn Buckingham (R) are vying for this Senate seat currently held by Sen. Troy Fraser (R), who announced plans to retire. This race featured a crowded six-person field in the Republican primary on March 1. King earned 27.25 percent of the vote, while Buckingham brought in 24.76 percent. Expect another close match-up in Tuesday’s runoff for the Republican nomination. The winner will face Democrat Jennie Lou Leeder in November.

A few of Tuesday’s House runoffs are also winner-take-all races, in which the primary winner will face no opposition in November. In HD 5, Republicans Cole Hefner and Jay Misenheimer are in a runoff to determine who will succeed Rep. Bryan Hughes (R). HD 73 features a runoff between Rep. Doug Miller (R) and challenger Kyle Biedermann (R). In HD 120, the winner of the primary runoff between Barbara Gervin-Hawkins (D) and Mario Salas (D) will decide who takes this House seat previously held by Ruth Jones McClendon (D) in January 2017; this is despite the fact that another, separate election is taking place this year to determine who fills McClendon’s vacant seat for the remainder of this year. HD 139 is another open seat for which both regular and special elections are taking place in 2016. After a vacancy was left for the House seat of Sylvester Turner (D), now mayor of Houston, Jarvis Johnson (D) won a special election earlier this month to serve out the remainder of Turner’s term, but Johnson faces a runoff on Tuesday against Kimberly Willis (D) for the upcoming full term to begin in January 2017.

Check out profiles of these and other runoff candidates using our 2016 Races search page.


Related: Supreme Court’s school finance ruling highlights importance of 2016 elections

Josh Sanderson

Josh Sanderson

A week has passed since the Texas Supreme Court ruled that our state’s school finance system meets the constitutional minimum standards. ATPE Lobbyist Josh Sanderson writes about why your vote is the only thing left to compel legislators to take any action to improve the way we fund our schools. Josh also explains why discussions of two legislative committees this week about the possibility of new spending restrictions are another cause for concern. Check out his latest blog post here.


Kate Kuhlmann

Kate Kuhlmann

FEDERAL UPDATE

It was a busy week for education in Washington, D.C., as discussions continued over how to implement the nation’s new federal education law known as the Every Student Succeeds Act (ESSA). ATPE Lobbyist Kate Kuhlmann has written an update on ESSA, including the latest debates over the law’s “supplement not supplant” language, as well as new legislation relating to school nutrition. View Kate’s blog post here.

 


RULEMAKING UPDATE

In his first few months on the job, Commissioner of Education Mike Morath has put forth administrative rules pertaining to a number of controversial topics. First, the commissioner finalized rules begun by his predecessor to implement the state’s new recommended teacher appraisal system known as T-TESS. ATPE has filed a legal challenge against the T-TESS rules, arguing that they violate existing state laws, the Texas Constitution, and public policy expectations. That petition has been referred to the State Office of Administrative Hearings so that an Administrative Law Judge can decide the merits of ATPE’s case. In the meantime, be sure to check out our T-TESS resource page on ATPE.org to learn more about the new evaluation rules and how they might affect you.

Related: The Hawaii State Board of Education voted this week to remove student test scores from its teacher evaluation system. Hawaii was one of several states that had incorporated student growth measures into a new teacher evaluation system in recent years, partly in order to satisfy criteria for an NCLB waiver. Texas’s T-TESS rules were similarly design to match NCLB waiver conditions that are no longer applicable, which ATPE cited in our requests for Commissioner Morath to revise T-TESS and reconsider the student growth measure language in the rules.

Commissioner Morath has also proposed rules for Districts of Innovation (DOI), implementing 2015 legislation that allows acceptably-rated school districts to claim exemptions from numerous education laws. ATPE has submitted comments on the proposed rules, urging the commissioner to address serious concerns about implications for educators’ and school districts’ immunity protections in school districts that claim entitlement to blanket waivers of all exemptible laws in the Texas Education Code. We’ve got updated information on some of the districts that are pursuing DOI status on our comprehensive DOI resource page on ATPE.org.

Also in the works at the Texas Education Agency (TEA) are rules to implement a 2015 law that requires video surveillance equipment in certain classrooms serving students in special education programs. Yesterday, TEA officials held a public hearing on proposed commissioner’s rules for implementing Senate Bill 507. ATPE previously submitted written comments on the proposed rules, which have not yet been finalized. Stay tuned to Teach the Vote for updates on these and other rules as developments occur.

Related: The Texas Tribune hosted an interview with Commissioner Morath on Tuesday. The event was sponsored in part by ATPE. View video from the event here.


Next week, the Texas Commission on Next Generation Assessments and Accountability meets Wednesday at 10 a.m. in Austin. View the commission’s agenda here. We’ll have more on the meeting next week, along with complete results of Tuesday’s big runoff election day, here on Teach the Vote.

ThinkstockPhotos-485333274_VoteIf you live in a runoff district, don’t forget to go vote early today or vote on Tuesday!

Teach the Vote’s Week in Review: April 29, 2016

It’s been a big news week for ATPE, and here’s a recap of current education stories we’re closely following:


Elections 2016 Card with Bokeh BackgroundWe are approaching two important elections during the month of May. First, the local uniform election date is May 7, followed by the May 24 election date for primary runoffs.

Early voting began this week and runs through May 3 for the first local election date. Many local school board races are on the May 7 ballot around the state, along with special elections in House Districts 120 and 139.

The next election will be the runoff election for party primaries in which no candidate earned more than 50 percent of the vote on March 1. Early voting for that May 24 runoff election will begin on May 16. Use our 2016 Races search page to find and view candidates’ profiles. New information has been added recently to several runoff candidates’ profiles. How do you know if there’s a runoff in which you can vote next month? Don’t miss our recent blog post on runoffs with lists of all the runoff candidates and tips on who is eligible to vote in a primary runoff election.


ThinkstockPhotos-455285291_gavelATPE filed a petition against the commissioner of education on Monday challenging his newly adopted rules to implement T-TESS as the state’s new recommended appraisal system. As we’ve been reporting here on Teach the Vote, the new rules were published last week in the Texas Register and are scheduled to take effect July 1, 2016, unless legal challenges by ATPE and other groups delay the roll-out of the new system.

Read our T-TESS blog post from Monday, which includes background information on ATPE’s legal challenge and why we take issue with aspects of the T-TESS rules. Also, be sure to check out our new T-TESS resource page on ATPE.org, where you’ll find details on the T-TESS design, history of the changes, links to news articles, and additional resources.


The Texas Education Agency (TEA) held a public hearing earlier this week on proposed rules implementing the state’s new law providing for Districts of Innovation. Part of 2015′s House Bill 1842, we’ve been reporting on how the law allows certain acceptably performing school districts to propose local innovation plans and claim exemptions from numerous state laws found in the Texas Education Code (TEC). School districts that claim the waivers could operate in virtually the same manner as a charter school.

Monty Exter

Monty Exter

ATPE Lobbyist Monty Exter testified at Monday’s public hearing, raising concerns about unintended consequences in school districts that seek blanket waivers from all the statutes that are exemptible under the new law. He also pointed out districts could likely try to exempt themselves from aspects of the state’s school finance system, which would create “chaos” in how public schools are funded. Monty urged the commissioner to place additional safeguards into the rules to ensure that districts adopting innovation plans make their intentions clear to stakeholders who will be affected by them, including students, educators, and parents. Read more about the hearing in Monty’s blog post from Tuesday, and also check out ATPE’s quick video interview with him about innovation districts.

TEA is also accepting public written comments on the proposed rules. Submit your input by Monday, May 2, using the TEA website where you can view the commissioner’s proposed rules.


Next week, the House Public Education Committee will hold an interim hearing. The committee will meet on Tuesday in a joint hearing with the House Committee on Economic & Small Business Development. The committees will discuss partnerships between institutions of higher education, public schools, and the workforce that promote college and career readiness. The committee will hear both invited and public testimony. ATPE will be at the hearing and will report on any developments. The hearing begins at 10:00AM and can be watched live here.