Tag Archives: ATPE

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.

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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.

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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.

 


Don’t forget to following us on Twitter for the latest updates!

 

Senate Education Committee hears voucher bill

The Senate Education Committee met Tuesday, March 21, to take up Senate Bill (SB) 3, the priority voucher bill of Lt. Gov. Patrick authored by the committee’s chairman, Sen. Larry Taylor (R-Friendswood). As expected, and as has become customary in the committee on voucher legislation, the meeting kicked off with invited testimony from voucher proponents flown in from across the country. The hearing continued for roughly ten hours as witnesses testified and senators asked questions related to the bill and testimony.

ATPE Lobbyist Monty Exter testified against SB 3 on behalf of ATPE, beginning his testimony by pointing to a long standing anti-voucher position in the ATPE Legislative Program that member educators amend and vote on annually. Exter told senators that there is plenty legislators could do to help Texas education, particularly the disadvantaged and minority students that proponents hail as winners under a voucher program, but that establishing a voucher program is not one of them. Rather, the vast majority of disadvantaged students would suffer the most under a voucher program.

ATPE Lobbyist Monty Exter testifies before the Senate Education Committee

ATPE Lobbyist Monty Exter testifies before the Senate Education Committee

In highlighting only a few options senators could focus on instead of vouchers in order to help poor and minority students, Exter pointed to updating formulas that currently fail to adequately direct money to the kids who need it most and cost the most to educate (such as English language learners and students with special needs), fully funding a bilingual education program, and reinstating support for the math and reading academies that resulted in big educational impacts on students at the bottom of the education gap.

Exter also highlighted the costs associated with vouchers that senators are failing to consider. He told the committee that in addition to the money that will be taken out of the public school system due to student movement to other education options provided to them through vouchers, the much greater cost would come in subsequent years, when children not currently of school age become eligible without having ever stepped foot in the public school system.

Under SB 3l, any child currently of school age must first spend a year in the public school system; if their parents determine the public school doesn’t meet their needs, those students can opt for a voucher. However, children who reach school age in the coming years wouldn’t be required to ever try a public school. Some 600,000 parents currently educate their children in a home or private school setting in Texas, which means many parents would have access to public funds they could use to supplement their child’s non-public education in the future.

The fiscal note, which estimates the impact a bill would have on the state budget, for SB 3 was released yesterday in connection with the hearing. Surprisingly, the number used to calculate the impact was based on merely 25,000 Texas schoolchildren choosing vouchers, resulting in a negative impact to the state of more than $300 million. That is a usage rate of less than one percent, a percentage lower than the usage rates in states that already have vouchers. For instance, it was mentioned during the hearing that Indiana has a usage rate of closer to 3%; at that rate we would be talking about a hit to Texas education funding in the billions, not millions. Using the rate of 5%, the Center for Public Policy Priorities estimates a negative impact of $2 billion to the state coffers.

Yesterday’s voucher hearing took place on the heels of stunning news reports about legislators receiving fake letters in support of SB 3. As reported by our friends at The Texas Tribune, a few rural lawmakers called their constituents who were identified as purported senders of the letters and learned that some of them had no knowledge of the letters being sent in their names and were, in fact, opposed to the voucher legislation.

17_web_Spotlight_AdvocacyCentral_1The Senate Education committee met until 10 p.m. last night hearing testimony and ultimately left SB 3 pending. The committee meets again Thursday, March 23, to consider pending business. ATPE members are encouraged to visit Advocacy Central to send messages to senators about SB 3.

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.

House subcommittee takes up educator quality bills

The House Public Education Subcommittee on Educator Quality held its first meeting on Monday. Chaired by state Rep. Ken King (R-Canadian), the committee includes Reps. Alma Allen (D-Houston), Harold Dutton (D-Houston), Morgan Meyer (R-Dallas) and Gary VanDeaver (R-New Boston). Present for Monday’s meeting, Reps. King, Meyer and VanDeaver considered a half dozen bills related to teachers.

HB 333 by Rep. Meyer addresses improper relationships between educators and students. Meyer’s bill expands the law to prohibit romantic relationships between a teacher and a student from anywhere in the state.

In the same vein, HB 218 by state Rep. Tony Dale (R-Cedar Park) increases the reporting requirements related to improper relationships between educators and students. Such incidents involve less than 0.1 percent of Texas teachers, but just one is too many. ATPE is committed to being a part of the solution and has worked with several lawmakers on legislation to address this issue.

Like similar bills, HB 218 prohibits romantic relationships between a teacher and a student from anywhere in the state. Administrators who fail to report alleged incidents of improper relationships would face a misdemeanor charge, which could be upgraded to a state jail felony if the administrator is found to have intentionally tried to conceal an alleged incident.

The bill would further require an educator to surrender their certification if they accept deferred adjudication for an improper relationship with a student. Schools would be required to have new hires sign a pre-employment affidavit disclosing any accusations, charges, or convictions for an improper relationship with a student, and employees who assist someone who has engaged in sexual misconduct with a minor with obtaining school employment could have their certificates suspended or revoked. The Texas Education Agency’s (TEA) subpoena power would be expanded to allow the commissioner to summon witnesses of alleged incidents of misconduct.

ATPE lobbyist Mark Wiggins testifies before House Public Education Subcommittee on Educator Quality

ATPE lobbyist Mark Wiggins testifies before House Public Education Subcommittee on Educator Quality

ATPE lobbyist Mark Wiggins testified on the bill, stating concern that the requirement to disclose potentially false accusations would have a chilling effect on the career prospects of unfairly accused educators.

Like most bills relating to improper relationships between educators and students, HB 218 would mandate continuing education in understanding appropriate relationships, boundaries, and communications between educators and students. It would also require districts to adopt written electronic communication policies designed to prevent improper communications between school employees and students.

HB 1469 by state Rep. Ernest Bailes (R-Coldspring) would allow open-enrollment charter schools to hire a teacher without a baccalaureate degree for a noncore academic career and technical education course if they have experience in the related field and receive at least 20 hours of classroom management training.

HB 972 by state Rep. Helen Giddings (D-DeSoto) would make it more difficult for districts to assign students to an uncertified teacher. ATPE supports this bill.

HB 816 by House Public Education Committee Vice-Chair Diego Bernal (D-San Antonio) would create a mentor program for new teachers in Texas. Texas has a history of successful, if short-lived, mentor programs that have reduced teacher attrition and improved student performance. Studies have shown up to half of educators leave the profession within the first five years, and teacher attrition costs Texas between $200 million and $500 million each year.

ATPE lobbyist Mark Wiggins testified in support of HB 816, pointing out the success of prior initiatives dating back to the 1990s. The Texas Beginning Educator Support System (TxBESS) was a $12 million pilot program launched in 1999, which provided support, training, assessment, and $400 per year stipends for roughly 2,000 program participants. Eighty-eight percent of teachers returned after the first year, well over the 81 percent state average for non-TxBESS teachers. After the second year, 98 percent of that cohort continued to teach. Principals reported TxBESS improved teacher performance, with minority teachers and high school teachers showing the most improvement. Funding for TxBESS expired in 2002.

In 2006, the Texas Legislature created the Beginning Teacher Induction and Mentoring (BTIM) program with an initial $15 million per year appropriation. Mentor teachers received up to $750 per year stipends, and districts reported 30 percent increases is new teacher retention. Funding for BTIM expired in 2012.

In 2013, the Texas Legislature commissioned a study on mentoring by the Teacher Mentoring Advisory Committee (MAC). The committee released its final report in 2015, and HB 816 seeks to implement its recommendations.

Bernal’s bill would allow schools to assign a veteran teacher to mentor a new teacher for at least two years, and receive a stipend and specialized mentorship training. Mentors would be required to meet with mentees at least once a week in order to discuss district context and policies, instructional practices, professional development, and expectations. Mentors and mentees would be guaranteed release time to facilitate mentoring activities, including classroom observation and coaching. According to the fiscal note, HB 816 would cost a modest $3 million over the next biennium in order to provide a $250 allotment for each of the 5,800 educators forecast to participate in the program. Bernal suggested the estimate was actually too low, and indicated he anticipates higher participation than the fiscal note assumed.

HB 1255 by state Rep. VanDeaver would remove the $450 cap on subsidized teacher training awarded under the Texas Advanced Placement Incentive Program. VanDeaver stated removing the cap could allow TEA to structure incentives to boost participation in underserved parts of the state. The bill carries a fiscal note indicating a cost of $2.3 million over the biennium. VanDeaver argued the estimate is inaccurate, since the bill would simply grant flexibility to spend existing funding, as opposed to mandating new funding. ATPE supports this bill.

All Monday’s bills were left pending.

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.

 

House Public Education reviews grab bag of school bills

The House Public Education Committee met Tuesday to consider a score of bills touching a variety of subjects. Chairman Dan Huberty (R-Houston) began the hearing by referring the following bills to the Subcommittee on Educator Quality, chaired by Rep. Ken King (R-Canadian): HB 49, HB 218, HB 331, HB 333, HB 460, HB 816, HB 972, HB 1255, HB 1403, HB 1469 and HB 1485.

The day’s testimony began with HB 1291 by state Rep. Charlie Geren (R-Fort Worth), which would add “American principles” to the Texas Essential Knowledge and Skills (TEKS). The TEKS would include the study of the Founding Fathers of the United States, the Declaration of Independence, the United States Constitution, the Bill of Rights, and the Federalist Papers. ATPE supports this bill.

HB 639 by state Rep. Charles “Doc” Anderson (R-Waco) would authorize districts to obtain health benefit plan, liability or auto insurance for partner businesses and students participating in CTE programs. Anderson suggested insurance is important in the event of accidents related to CTE instruction.

HB 1645 by state Rep. J.M. Lozano (R-Kingsville) would require school districts that offer varsity letters to adopt a policy that allows students to earn a letter for participating in a Special Olympics event. ATPE supports this bill.

HB 69 by state Rep. Ryan Guillen (D-Rio Grande City) would require each school district and open-enrollment charter school to include in the Public Education Information Management System (PEIMS) report the number of children with disabilities residing in a residential facility who are required to be tracked by the Residential Facility Monitoring (RFM) System and are receiving educational services from the district or school.

HB 264 by state Rep. Ana Hernandez (D-Houston) would require TEA to continue until 2020 providing outreach materials to districts required under Section 28.015, Education Code, regarding public school curriculum changes under House Bill 5, which passed in 2013. The section includes explanations of the basic career and college readiness components of each endorsement, requirements to gain automatic college admission, and financial aid requirements for the TEXAS grant and the Texas Educational Opportunity Grant Program. The section is currently set to expire September 1, 2018.

HB 452 by state Rep. Joe Moody (D-El Paso) would require report cards to include the number of students in each class. ATPE supports this bill.

HB 728 by state Rep. Bobby Guerra (D-Mission) would create an advanced computer science program that would satisfy the curriculum requirements for a third math or science credit.

HB 1270 by state Rep. John Smithee (R-Amarillo) would allow schools to excuse student absences for the purpose of visiting a military recruitment center. A similar provision currently allows for excused absences to visit a college or university campus.

HB 136 by state Rep. Cecil Bell (R-Magnolia) would include a CTE objective under the public education objectives enumerated in Section 4.001(b), Education Code. The text would read, “Objective 11: The State Board of Education, the agency, and the commissioner shall assist school districts and charter schools in providing career and technology education and effective workforce training opportunities to students.”

HB 1389 by state Rep. Helen Giddings (D-Dallas) would include prekindergarten in the 22-student class size limit currently in effect for kindergarten through grade four. The bill would result in smaller class sizes for schools that are currently over the limit, but would not carry a significant fiscal impact to the state budget. ATPE supports this bill.

HB 710 by state Rep. Gene Wu (D-Houston) would extend free half-day prekindergarten to full-day for the same set of eligible students. Research has shown early childhood education improves student learning through the elementary grades, leading to improved educational outcomes overall. According to the fiscal note, the change would cost $1.6 billion over the 2018-2019 biennium. ATPE supports this bill.

HB 620 by state Rep. Jeff Leach (R-Plano) would allow districts the option of moving the school start date to the second Monday in August, up from the fourth, and require instruction time measured in minutes, as opposed to days. This would allow districts more flexibility in scheduling, provide additional time to prepare for first semester assessments, and allow for earlier summer release. No fiscal impact to the state is anticipated. ATPE lobbyist Monty Exter testified in support of the bill, pointing out that current restrictions can be burdensome when it comes to predictably and adequately allocating instruction time.

HB 729 by state Rep. Dwayne Bohac (R-Houston) would integrate character traits instruction into the TEKS, and require a center for education research to study the effects of character traits instruction on student attendance and disciplinary problems. Bohac suggested emphasizing positive character traits would improve school performance overall. ATPE lobbyist Monty Exter testified in favor of the bill, noting that statewide standards would eliminate the patchwork implementation of character traits instruction.

HB 404 by state Rep. Rafael Anchia (D-Dallas) would create higher education curriculum review teams charged with reviewing changes to the TEKS. Currently, the State Board of Education (SBOE) appoints TEKS review committees composed largely of K-12 teachers, as well as up to seven “experts” as defined by board rules. This bill would define a process and expert panel with at least five years of higher education teaching experience in the relevant subject or a doctorate in education. The panel would be selected the Higher Education Coordinating Board and higher education commissioner, which would insulate the experts from the appearance of political influence. The bill would also protect the panel’s recommendations by setting a two-thirds vote threshold for SBOE.

Rep. Anchia described the bill as “a work in progress.” ATPE lobbyist Mark Wiggins testified in favor of the bill, and advocated for ensuring that K-12 educators have a meaningful impact on the process as well. Recently, SBOE has taken steps to improve its TEKS review process, and ATPE supports a collaborative effort to codify improvements in statute in order to ensure the success of future reviews.

HB 539 by state Rep. Gary VanDeaver (R-New Boston) would allow the children of military service members to enroll full-time in the state virtual school network. According to TEA, roughly 12,000 students, about 0.3 percent of the state’s total enrollment, are currently enrolled in the virtual school network. Approximately 63,500 military dependents are enrolled in grades three through twelve. The Legislative Budget Board assumes 0.5 percent, or 318 students, would enroll in the virtual school network. Based on that, the fiscal note assumes the change would cost an additional $5.3 million – which Chairman Huberty and Rep. Morgan Meyer (R-Highland Park) disputed, suggesting the expense was overstated.

HB 367 by Vice-Chairman Diego Bernal (D-San Antonio) would expressly allow schools to donate surplus unserved cafeteria food to hungry children on campus through a third-party non-profit. Some schools already do this, but this bill would guarantee that right in statute and give rulemaking authority to the commissioner of education. No significant fiscal implication to the state is anticipated.

HB 357 by Chairman Huberty would extend free prekindergarten eligibility to the children of anyone eligible for the Star of Texas Award for police, firefighters and emergency medical first responders killed or seriously injured in the line of duty. According to the fiscal note, no significant impact on the budget is expected. ATPE supports this bill.

All those bills were left pending.

The board unanimously approved HB 223 by state Rep. Donna Howard (D-Austin), which would provide districts the option of providing childcare services or assistance with childcare expenses to students at risk of dropping out through the existing compensatory education allotment. Since the allotment provides a set amount of funding, the change would not fiscally impact the state. The bill will head to the House floor next.

The committee also resumed consideration of HB 21, House leadership’s priority school finance bill that would add $1.6 billion to public education. Huberty warned that without HB 21, the budget would effectively fund $140 less per pupil and there would be no plan for dealing with the expiration of ASATR.

Noting he has had numerous meetings with stakeholders, Huberty suggested hardship grants for districts losing ASATR could be stair-stepped. Additional transportation funding could be capped at five percent of the total spend, Chapter 41 districts at 15 percent and ASATR at 80 percent, or $100 million in 2018 and $60 million in 2019. Discussing whether lawmakers should offer more or less flexibility regarding grant fund allocation, TEA recommended erring on the side of being more prescriptive in order to provide clear direction.

For the 327 school districts whose property taxes are maxed out at $1.17, the committee entertained testimony suggesting raising the yield on “copper pennies.” It’s important to note that the more the state spends on public education in general, the less school districts will be forced to rely on local homeowners for funding. In other words, real property tax relief – not the bumper sticker kind, but meaningful relief – begins with putting more state money into public education.

Concluding the hearing, Chairman Huberty signaled his intent to vote on a committee substitute at next Tuesday’s hearing. That meeting will focus on bills dealing with public school accountability, including “A though F.”

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.

Speaker_03-06-17

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.

 


DST_2017

Federal Update: Obama education regulations likely to be repealed

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

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

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

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

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