Tag Archives: Commissioner of Education

Teach the Vote’s Week in Review: March 9, 2018

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

Tuesday was primary Election Day in Texas, and there is a lot to unpack. ATPE Lobbyist Monty Exter has an inital analysis of the primary results here, and he highlights two major takeaways after Tuesday night: voter turnout increased and incumbents did well.

Voter turnout hit record highs in both parties. Like Exter points out in his post, a Texas Educators Vote Coalition statement praising  voter turnout in the primary election also notes that turnout increased across Texas by almost 700,000 voters compared to the most recent midterm primary election in 2014. The number of Democratic voters getting to the polls exceeded 1 million, while Republican voter totals topped off at more than 1.5 million. Both parties saw an increase in their voter turnout, with Democrats nearly doubling the total number of voters since 2014 (a number that represented a midterm primary record high for the party not hit since 1994). Republicans experienced a more modest increase in the largely red state, but the party’s turnout still represented record numbers.

As a proud member of the Texas Educators Vote Coalition, ATPE is thrilled to see the uptick in civic engagement and encourages educators and other voters to maintain that energy through November and future elections. ATPE was also excited to see a large percentage of ATPE-supported candidates prevail in their elections; Exter’s recap of the election has more on those results. While many are focused on the bigger races at the top of the ticket, it is important to consider all of the great candidates elected further down ballot. One thing is clear based on voter turnout, the energy built among educators, and the impact already felt: this movement is only beginning!


The Texas Education Agency (TEA) submitted Texas’s final state plan to satisfy the new federal education law, the Every Child Succeeds Act (ESSA), this week. The final plan has been in the making for quite some time. Here is a quick recap:

The final plan submitted this week reflects a number of revisions required by ED in their initial feedback. TEA’s press release announcing this week’s submission can be read here. To read the final plan or learn more about the Texas ESSA plan and related content, visit TEA’s ESSA web page. The plan must now receive a final review by Secretary Betsy DeVos, but she is not tied to a certain time period for revisions. On Monday, DeVos addressed members of the Council of Chief State School Officers at their annual conference, offering them “tough love” over what she considered state ESSA plans that lacked creativity and innovation.


ATPE submitted comments this week on new proposed Commissioner’s rules regarding certain out-of-state educators. These rules would exempt educators that are certified out of state and who meet certain qualifications from Texas required certification assessments as they work to obtain certification in Texas. The rule proposal stemmed from legislation passed last session. ATPE encouraged the commissioner to raise the standard from one to at least two years of experience in order for an out-of-state educator to benefit from the exemption. ATPE Lobbyist Kate Kuhlmann writes more about ATPE’s comments, the proposed rules, and context for the legislation here.


The Texas Commission on Public School Finance met again in Austin this week, this time to discuss “efficiency” at the classroom, campus, and district levels. A panel of invited witnesses was dedicated to each category. The classroom efficiency panel focused on blended learning, while the campus efficiency panel featured partnerships with charters and higher education. The district efficiency panel largely entailed discussions regarding charter schools. ATPE Lobbyist Mark Wiggins attended the meeting and has a full report here.



ATPE weighs in on proposed rules addressing out-of-state educators

ATPE submitted comments this week on new proposed commissioner’s rules regarding exempting certain out-of-state educators looking to teach in Texas from state certification assessments. Our comments acknowledge that “certain exceptions to certification testing may have a place in helping to get high-quality, experienced teachers in Texas classrooms,” but stress that “the focus must remain on high standards that help ensure we are limiting exceptions to only those educators with a proven track record of success in educating students.”

The new proposed rules stem from legislation passed during the 85th Legislative Session that gave the commissioner of education the ability to create this specific certification flexibility. In lieu of the current process overseen by the State Board for Educator Certification (SBEC), which currently compares other state certification requirements to Texas’s standards before exempting out-of-state educators from certification assessments, the new proposed commissioner’s rules would instead outline a number of requirements an out-of-state educator must prove in order to receive the exemption. The requirements primarily entail obtaining certification in another state or country, but also include a one year experience requirement for all classroom teacher candidates.

ATPE argued in its comments that the experience requirement should be raised to at least two years of teaching experience. This is because the proposed rules don’t only exempt these out-of-state educators from certification assessments, they also exempt them from preparation and certification standards Texas policymakers and stakeholders have deemed necessary. For instance, some preparation standards these educators would be exempted from include the minimum GPA requirement placed on candidates entering a certification program; the number of curriculum hours educators in training must complete; the amount of clinical training a candidate must possess before obtaining full certification; the amount of time new teachers must spend working with mentors and coaches to develop their craft; and training specific to the Texas Essential Knowledge and Skills (TEKS), the Texas educator standards, and the Texas Educator Code of Ethics.

“If we are going to exempt certain educators prepared out of state from these standards of preparation and certification, we should at a minimum be ensuring they bring valuable experience to Texas classrooms,” ATPE argued in its comments.

For more regarding ATPE’s position on the proposed rules, read ATPE’s full comments here. Commissioner Morath will now consider the public comments submitted before issuing the final rule.

ATPE testifies before school finance commission

The Texas Commission on Public School Finance met this morning, Feb. 22, in Austin to consider another round of testimony, this time largely focused on teacher quality. Chairman Justice Scott Brister began the meeting by announcing subcommittee assignments.

Texas Commission on Public School Finance meeting, Feb. 22, 2018.

The Revenue Committee will be led by state Sen. Paul Bettencourt (R-Houston) and include state Rep. Ken King (R-Canadian), Nicole Conley Johnson, Elvira Reyna, and Justice Brister. The Expenditures Committee will be led by state Rep. Dan Huberty (R-Houston) and include state Sen. Royce West (D-Dallas), state Sen. Larry Taylor, State Board of Education (SBOE) Member Keven Ellis (R-Lufkin), and Justice Brister. The Outcomes Committee will be led by Todd Williams and include state Rep. Diego Bernal (D-San Antonio), Dr. Doug Killian, Melissa Martin, and Sen. Taylor.

The first to testify was Texas Education Agency (TEA) Chief School Finance Officer Leo Lopez, who presented information that $28.8 billion of combined state, local, and federal funding was spent on instruction in 2016, which comprised 47.7 percent of total education spending. Rep. Huberty, who chairs the House Public Education Committee, pointed out that when factoring in instructional materials and other classroom supports, the 47.7 percent figure does not accurately capture the percentage of funding spent directly on students in the classroom.

Rep. Bernal, who is vice-chair of the House Public Education Committee, asked about the cost to the state that can be attributed to teacher turnover. Austin ISD Chief Financial Officer Nicole Conley Johnson answered that each teacher who leaves her district costs between $7,000 and $12,000, which doesn’t even address the negative impact on students. Teacher turnover has been estimated to cost the nation $2.2 billion per year.

The commission heard next from Dr. Eric Hanushek, a professional paid witness who has made a living for decades testifying in court against efforts to increase and equalize school funding, as well as advocating for private school vouchers. Hanushek laid most of the blame for poor student performance at the feet of teachers, but argued against increasing teacher pay. Member Ellis contended that there is a strong statistical relationship between total school spending and results, and that how much is being spent is at least of equal importance as the manner in which the money is spent. Several other commission members, including Conley Johnson and Rep. Bernal, pushed back on Hanushek’s attempts to minimize the importance of adequate school funding.

Dallas ISD Superintendent Michael Hinojisa testified regarding his district’s efforts to implement a robust performance-based pay system. The Dallas system provides teachers significant tiered pay increases based on performance. Rep. Huberty lauded the concept, but raised questions about cost and affordability. Hinojosa conceded that the program is unsustainable going forward, and as such is being “recalibrated” in order to bring costs under control. Hinojosa also pointed out that public school districts offer many “school choice” options, which include magnet schools and district transfers. According to data presented by Todd Williams, who advises Dallas Mayor Mike Rawlings on education policy, implementing Dallas ISD’s ACE program costs $1,295 per student, or roughly $800,000 per campus. The commission heard from several more witnesses describing various performance pay programs.

ATPE Executive Director Gary Godsey and Lobbyist Monty Exter testify before the school finance commission.

ATPE executive director Gary Godsey testified before the commission, and began by stating the obvious: Texas schools need more money. Godsey informed the commission that teachers often experience low morale, difficult working conditions, and the feeling they are underappreciated. Teacher turnover costs Texas an estimated $500 million per year. Some initiatives, such as mentorship programs, could reduce turnover with a minimal impact on school budgets. Regarding pay, Godsey testified that teachers are very concerned about efforts to repeal the minimum salary schedule (MSS), which guarantees a minimum level of pay for educators that increases over time. In addition to other low-cost initiatives to reduce turnover, Godsey suggested modifying funding weights and tracking the distribution of teacher quality. Regarding performance pay programs, ATPE Lobbyist Monty Exter testified that incentive pay must be complemented by adequate base pay and should not be tied solely to student test scores. Exter added that any incentive pay program must be financially viable in the long term in order to achieve buy-in from educators and administrators.

The final panel addressed prekindergarten programs, and witnesses emphasized the importance of pre-K in getting children prepared to learn and excel in elementary school. Witnesses testified that dollars invested in early education are dollars saved in remediation later on in a student’s educational career.

The commission is scheduled to meet next on March 7, followed by a March 19 meeting that will be open to comments from members of the public. Another meeting is scheduled for April 5.

Teach the Vote’s Week in Review: Feb. 9, 2018

Check out this week’s education news headlines from ATPE:

At its second meeting, the Texas Commission on Public School Finance on Thursday elected a new vice-chair and heard from Commissioner of Education Mike Morath and other witnesses about the current state of public education funding. ATPE Lobbyist Mark Wiggins attended the meeting and provided this report for Teach the Vote. The commission’s next meeting on Feb. 22 will feature invited testimony from ATPE Executive Director Gary Godsey. The commission will also meet on March 7 and will allow members of the public to testify at another meeting on March 19. Stay tuned to Teach the Vote for updates as the commission fulfills its interim charge to study and make recommendations for how Texas funds its public schools.


ELECTION UPDATE: We’re now less than two weeks away from the start of early voting for the March 6 primary elections. ATPE urges educators to check out our Teach the Vote candidate profiles ahead of the first day of early voting on Feb. 20. All candidates for governor, lieutenant governor, State Board of Education, Texas State Senate, and Texas State House are profiled on our website, with additional information about incumbents’ voting records, the candidates’ responses to ATPE’s survey about education issues and priorities, and links to their campaign websites and social media accounts.

As you gear up for the primaries, we’ve also got information about the nonbinding propositions that will be included on your ballot as way to shape the platforms of the state Republican and Democratic parties. Find out what will be on your ballot by checking out this blog post from ATPE Governmental Relations Director Jennifer Mitchell Canaday. In addition, we’ve shared tips courtesy of our friends at the Texas Tribune on how voters can get more involved in shaping party platforms by participating in election year conventions. Read about the process for becoming a convention delegate here. We’ll have even more election resources for you on Teach the Vote next week, so stay tuned!


As ATPE, the Texas Educators Vote coalition, and other groups work to motivate educators to vote in the 2018 elections, those fearful of high voter turnout among the education community are getting desperate in their attempts to intimidate teachers. Today on our blog, ATPE Governmental Relations Director Jennifer Mitchell Canaday reports on the surprising and heartwarming way that educators used social media this week to respond to threatening letters they received from an anti-public education lobbying group. Check out her new post about teachers who are #blowingthewhistle here.


ATPE’s lobbyists were interviewed this week for multiple stories about the impact of Texas’s District of Innovation law on teacher certification. The DOI law passed by the legislature in 2015 allows certain school districts to exempt themselves from many education laws. One such law is the requirement for hiring certified teachers, which the Texas Tribune wrote about this week. ATPE Lobbyist Kate Kuhlmann was interviewed for the story, which highlights the fact that half of Texas’s school districts are now able to ignore the certification law by using DOI exemptions. In Waco, Taylor Durden reported for KXXV-TV about how area school districts have used the DOI law to waive certification requirements for some of their teachers, and ATPE Governmental Relations Director Jennifer Mitchell Canaday was interviewed for that story. Check it out here. For more about the DOI law, see the resources available from ATPE on our website here.


The Texas Education Agency (TEA) today released the accreditation statuses for school districts and charter schools for the 2017-2018 school year. The accreditation status is primarily based upon the new “A through F” accountability system and the Financial Integrity Rating System of Texas (FIRST).

A total of 1,185 out of 1,201 districts and charters received a status of “Accredited” for the current school year, and four districts received a “Not Accredited-Revoked” status. Four districts and five charters received warnings to fix deficiencies in academic or financial performance or face probation or revocation. Two districts were placed on probation for exhibiting deficiencies over a three year period.

Districts whose accreditation has been revoked have an opportunity for review by the TEA and the Office of Administrative Hearings (OAH). For the 2017-2018 school year, those districts include Buckholts ISD, Sierra Blanca ISD, Winfield ISD and Marlin ISD – the latter two of which were given an “A” in the overall state accountability ratings despite earning “improvement required” designations under the previous accountability system.

Carpe Diem Schools, Dell City ISD, Dime Box ISD, Hart ISD, Montessori For All, Natalia ISD, The Lawson Academy, Trinity Environmental Academy and Zoe Learning Academy all received warnings. Hearne ISD and Trinity ISD were placed on probation.

The full list of accreditation statuses can be found on the TEA website.



Teach the Vote’s Week in Review: Jan. 26, 2018

It was a busy week in the world of public education, with your ATPE Governmental Relations team keeping tabs on various business at the state level. Here’s a rundown of this week’s developments:

ELECTION UPDATE: Are you registered to vote? There are just ten days left to register to vote in the upcoming primaries! Texans who are eligible to vote but have not yet registered to do so must sign up on or before February 5 in order to cast their ballot on March 6. Check the status of your registration here.

Also be sure to check out our candidate profiles here on Teach the Vote. All candidates running for Governor, Lieutenant Governor, Texas Legislature, and the State Board of Education have been invited to participate in ATPE’s candidate survey and have their views on education issues shared with voters through our website. New survey responses are being added to the site frequently as more candidates take advantage of this opportunity. If the candidates you are interested in learning about have not yet responded, please ask them to participate in our survey. Candidates or their campaign consultants may contact government@atpe.org for additional information about the survey.

Early voting for the March primaries begins Feb. 20. Texas Secretary of State Rolando Pablos has issued a new proclamation naming the first Friday of early voting period (Feb. 23, 2018) to be “Student Voting Day.”  Secretary Pablos is calling on communities “to urge and encourage all eligible students in Texas to make their voices heard by casting their ballots at ANY polling location in
their county of registration.” The Secretary of State’s office has been an important partner in efforts to promote voter awareness within our public schools, and we appreciate his support.

Since we last reported on Attorney General Ken Paxton’s opinion about Get Out The Vote (GOTV) activities spearheaded by ATPE and other members of the Texas Educators Vote coalition, more Texans are speaking out in support of our coalition and expressing displeasure with the not-so-subtle efforts of some elected officials to try to rein in politically active educators. The Houston Chronicle‘s Lisa Falkenberg wrote an opinion piece on Saturday, Jan. 20, in support of ATPE’s and the coalitions efforts to increase voter turnout and awareness. Falkenberg wrote that voter apathy “doesn’t stop if we do nothing. Some folks in this state are trying to do something. We should let them.” Falkenberg concluded, “No opinion from the Texas AG, or from Bettencourt, has dissuaded me from believing their efforts are vital for the young voters, to the public in general, and to the future of this state we love.” Retired Superintendent Joe Smith also expressed support for Texas Educators Vote on his TexasISD.com website, and educator Danny Noyola, Sr., an ATPE member, similarly wrote an opinion piece for the Corpus Christie Caller-Times defending the coalition’s work. Noyola called AG Paxton’s opinion “an intimidating assault on teachers, administrators, and educational groups to stifle citizenship and voting learning opportunities for all students in a non-partisan, pro-education, creative hands-on way.”

ATPE is pleased that school districts are continuing to support our nonpartisan coalition efforts with additional school boards adopting the coalition’s model resolution on creating a culture of voting, even after the issuance of General Paxton’s opinion. We appreciate the support of school leaders to continue to encourage public school employees and eligible students to be informed and vote in the upcoming primaries.


Texas Commission on Public School Finance meeting, January 23, 2018.

The Texas Commission on Public School Finance held its first meeting Tuesday in Austin following its creation as part of House Bill (HB) 21, which was passed during the 85th Texas Legislature’s first special session. The first meeting quickly established the divide between members of the commission focused on improving public school performance and those solely focused on finding ways to cut taxes. House Public Education Chair Dan Huberty (R-Houston) correctly noted that school finance reform and property tax relief go hand-in-hand, and the Texas Senate abandoned a proposal that could have made progress on both fronts in order to pursue voucher legislation.

The meeting was restricted to invited testimony, which included a supporter of school privatization and the heads of a number of state departments, including Texas Education Agency (TEA) Commissioner Mike Morath. Read more about the meeting in this blog post from ATPE Lobbyist Mark Wiggins.


The Texas Education Agency (TEA) held a formal hearing today, Jan. 26, to take public testimony on rules pertaining to school district and charter school partnerships. The regulation being considered is Proposed New Commissioners rule 19 TAC Chapter 97, Planning and Accountability, Subchapter EE, Accreditation Status, Standards, and Sanctions, Division 2, Contracting to Partner to Operate a District Campus, §97.1075, Contracting to Partner to Operate a Campus under Texas Education Code, §11.174, and §97.1079, Determining Processes and Criteria for Entity Approval under Texas Education Code, §11.174.

The bulk of the testimony was provided by educators, administrators, and parents. While there were charter advocates in attendance, none offered testimony. All testifiers opposed the rules as currently proposed. Common themes among those who testified included: agency overreach in defining “enhanced authority” that a district must give to a charter in order to enter into a partnership, despite no statutory authority or even implication in the law to do so; a lack of acknowledgment of teacher protections and pre-agreement consultation, which is required under the law; and a general lack of specificity about the approval process, including what factors TEA will consider and the timeline TEA will work under in approving the partnerships.

ATPE has turned in written comments to the proposed rules which you can read here. The text for the new rule can be found on TEA’s website.


The Texas Education Agency (TEA) opened its online survey this week to solicit feedback regarding the agency’s initial draft plan to correct inadequacies in special education services. This comes in response to a directive from the U.S. Department of Education that Texas correct systemic denial of special education services due to a de facto “cap” uncovered by a Houston Chronicle investigation. The initial draft plan includes four main actions, with explanations for each.

The agency has been ordered to seek input from stakeholders, including parents and educators, which will be collected through an online survey available on the TEA website since Jan. 23. The agency will accept public comment on this draft plan through Feb. 18, 2018, after which a new Proposed Plan will be released on or around March 1. Public comments on this new plan will be accepted through March 31. The agency expects to submit a Final State Corrective Action Plan to the U.S. Department of Education on or around April 18, 2018. You can read more about the plan and find a link to the survey here.


School finance commission holds first meeting

The Texas Commission on Public School Finance held its first meeting Tuesday in Austin following its creation as part of House Bill (HB) 21, which was passed during the 85th Texas Legislature’s first special session. Justice Scott Brister, who was appointed chair of the commission by Gov. Greg Abbott, opened the meeting by reading a letter from the governor.

Texas Commission on Public School Finance meeting January 23, 2018.

In the letter, Gov. Abbott stated three goals for the commission: To change the “defective” structure of school finance, foster innovation in public education, and explore alternatives to the property tax.

In his own opening remarks, Brister suggested the new federal tax law passed in December will increase the pressure to cut property taxes as a result of the elimination of federal income tax deductions for state and local property taxes, which have generally been useful to the owners of more expensive homes who itemize their taxes. The opening remarks quickly illustrated a divide between those seeking a holistic reform and improved outcomes versus those solely focused on cutting property taxes.

House Public Education Committee Chair Dan Huberty (R-Houston) expressed disappointment that the House and Senate were unable to move the ball forward on school finance reform last session and emphasized the fact that school finance reform and property tax relief go hand in hand. Noting that fixing the system is lawmakers’ responsibility, Chairman Huberty expressed hope that the commission will result in meaningful progress.

Brister announced the commission will subdivide into working groups on specific topics. Future meetings will largely be restricted to invited testimony only, although at least one future meeting will be open to testimony from members of the public.

Tuesday’s first witness was Justice Craig T. Enoch, invited to testify on the subject of a school finance legal framework. In his dissenting opinion from the school finance lawsuit known as Neely v. West Orange Cove CISD in 2005, Justice Enoch expressly advocated for school privatization. On Tuesday, Enoch immediately raised questions over whether the amount of spending on public schools correlates with outcomes – a viewpoint at odds with the vast majority of research. Justice Enoch concluded that lawmakers should move away from using property taxes as the baseline funding mechanism.

Next, state demographer Dr. Lloyd Potter addressed the student population in Texas. According to new population estimates, Texas is home to more than 28 million people. The state has added more than three million people over the past seven years, representing a 12 percent growth in population. Within the state, residents are migrating away from rural counties and urban cores and into the suburban rings. The school-age population continues to grow, as does the number of children living in poverty. Significant percentages of students in the Rio Grande Valley, El Paso, and the large urban cores do not speak English at home. Hispanic children represent the largest and fastest-growing ethnicity of children under the age of 18.

The final subject heading involved educational outcomes and featured testimony from Texas Education Agency (TEA) Commissioner Mike Morath, Texas Higher Education Coordinating Board (THECB) Commissioner Raymund Paredes, and Texas Workforce Commission (TWC) Chair Andres Alcantar. Morath said the TEA maintains a “split focus on inputs versus outcomes,” highlighting the emphasis on “access” to a quality education and the ability of students to “achieve” their potentials. The commissioner explained the state wants graduates who are prepared to be engaged citizens and who are prepared to be productive. These outcomes are evaluated based upon high school graduation rates; college, career or military readiness (CCM-R); college completion; and employment. The main measurement tool is the STAAR test. Student poverty continues to rise, and currently 59 percent of Texas students are economically disadvantaged. Morath indicated poverty is the primary driver behind most poor performance issues, and he noted that prekindergarten has shown to significantly boost outcomes for economically disadvantaged students and English language learners (ELLs).

After a brief lunch break, Morath’s presentation suggested that across-the-board pay raises and improving class-size ratios by hiring additional teachers would have limited effects on improving student outcomes, while concluding that tying increased teacher pay to performance would yield the most significant improvements. Todd Williams, education advisor to Dallas Mayor Mike Rawlings, suggested schools with higher numbers of economically disadvantaged students may need to offer better pay to attract the caliber of educators necessary to achieve positive change. Morath also defended the state’s “A through F” accountability system as a way to identify and replicate high performing schools.

Commissioner Paredes joined Morath in listing poverty and a lack of early childhood education as primary obstacles to student success. Paredes also seemed to make the case for teacher performance pay, citing a study that concluded paying the state’s top teachers $130,000 per year would cost less than remedial programs for students who arrive at college unprepared.

The commission will meet next on Thursday, February 8.


TEA releases draft of special education corrective actions

The Texas Education Agency (TEA) released an initial draft plan Thursday in response to an order from the U.S. Department of Education to implement corrective actions to ensure all special education students receive the supports guaranteed under federal law. The federal action comes in response to the denial of special education services to Texas children resulting from a de facto “cap” maintained by the agency, which was uncovered by a Houston Chronicle investigation.

Governor Greg Abbott ordered the initial draft ready by the end of the week, and the full text of the initial draft of the corrective action plan can be viewed on the TEA website. The proposed portions of the most interest to teachers include a professional development component and possible future changes to certification requirements.

Specifically, the plan explains, “TEA will create and execute on statewide professional development for all educators (general education, special education, and others), structured initially as a training institute for teachers around the state, and to include ongoing follow up. The content of this professional development will include elements both for inclusive practices and instructional techniques as well as broader identification and related Child Find practices. The content development will be informed by the perspectives of educators, special education students, and field experts. All participants will be required to demonstrate content proficiency and implementation before being noted as having participated in the full program.”

The section on certification is included in an appendix listing additional measures, which states, “TEA will explore possible changes to teacher certification and credentialing as it relates to requiring a demonstrated proficiency in areas related to special education.”

The initial proposal lays out four main corrective actions:

Corrective Action One

Documentation that the State’s system of general supervision requires that each ISD identifies, locates, and evaluates all children suspected of having a disability who need special education and related services, in accordance with section 612(a)(3) of the IDEA and its implementing regulation at 34 CFR §300.111, and makes FAPE available to all eligible children with disabilities in accordance with section 612(a)(1) of the IDEA and its implementing regulation at 34 CFR §300.101.

Under this section, TEA will hire additional staff to audit schools both on-site and remotely once every three to six years. The new Review and Support Team will have unrestricted access to staff and students, the ability to make scheduled and unannounced campus visits and the ability to conduct confidential interviews. According to the plan, “The purpose will be to have an authentic understanding of the district’s strengths and areas of growth, to make fast corrections and link districts to strong technical support options.” Additionally, TEA will explore incorporating students with disabilities and special education educators as reviewers.

Corrective Action Two

A plan and timeline by which TEA will ensure that each ISD will (i) identify, locate, and evaluate children enrolled in the ISD who should have been referred for an initial evaluation under the IDEA, and (ii) require IEP Teams to consider, on an individual basis, whether additional services are needed for children previously suspected of having a disability who should have been referred for an initial evaluation and were later found eligible for special education and related services under the IDEA, taking into consideration supports and services previously provided to the child.

Here, TEA discusses plans to hire a third-party contractor to conduct outreach. According to the text, “The cost of identifying and conducting assessments for students suspected of having a disability has always been the responsibility of the district, which will continue.” Districts will also be required to provide compensatory services to students found to have needed services who did not receive them. Districts will also be responsible for this cost, though TEA is proposing a five-year, $25 million fund to help some of them.

Corrective Action Three

A plan and timeline by which TEA will provide guidance to ISD staff in the State, including all general and special education teachers, necessary to ensure that ISDs (i) ensure that supports provided to struggling learners in the general education environment through RTI, Section 504, and the State’s dyslexia program are not used to delay or deny a child’s right to an initial evaluation for special education and related services under the IDEA; (ii) are provided information to share with the parents of children suspected of having a disability that describes the differences between RTI, the State dyslexia program, Section 504, and the IDEA, including how and when school staff and parents of children suspected of having a disability may request interventions and/or services under these programs; and (iii) disseminate such information to staff and the parents of children suspected of having a disability enrolled in the ISD’s schools, consistent with 34 CFR §300.503(c) .

Under this section, TEA will contract a vendor to create resource materials intended to explain the applicable laws to parents. This section includes the professional development component mentioned previously.

Corrective Action Four

A plan and timeline by which TEA will monitor ISDs’ implementation of the IDEA requirements described above when struggling learners suspected of having a disability and needing special education and related services under the IDEA are receiving services and supports through RTI, Section 504, and the State’s dyslexia program.

Here, TEA discusses the creation of a Special Education Escalation Team to offer technical assistance and intensive monitoring. The team will initially focus on districts with the highest self-reported ratio of missed identifications, then serve as an escalation pathway for the Review and Support Team.

The plan also lists the following actions in addition to the plan’s four core components:

  • Given TEA’s prior actions to expand its special education support team by 39 FTEs statewide, TEA will begin staff training across the agency so that all TEA staff provide consistent responses to stakeholders. These trainings will occur quarterly.
  • TEA will explore possible changes to teacher certification and credentialing as it relates to requiring a demonstrated proficiency in areas related to special education.
  • TEA is restructuring grant agreements with Educational Service Centers (ESCs) to be outcomes-oriented. Further, as part of the grant requirements, there will be close document review and approval of all ESC materials to ensure guidance in the field remains clear.
  • TEA is moving forward with the posting and hiring of a Special Education Director.

The agency has been ordered to seek input from stakeholders, including parents and educators, which will be collected through an online survey available on the TEA website January 23. The agency will accept public comment on this draft plan through February 18, 2018, after which a new Proposed Plan will be released on or around March 1. Public comments on this plan will be accepted through March 31. The agency expects to submit a Final State Corrective Action Plan to the U.S. Department of Education on or around April 18, 2018.

From The Texas Tribune: Feds say Texas illegally failed to educate students with disabilities

  • by Aliyya Swaby, The Texas Tribune
  • Jan. 11, 2018

Vanessa Tijerina addresses the panel about her 13-year-old special needs child who has been denied special education for 4 years on December 13, 2016. U.S. Department of Education officials held a meeting in Edinburg on their tour of Texas to hear community members’ experiences with special education, continuing an investigation of whether Texas is capping services for students with disabilities. Photo by Eddie Seal/The Texas Tribune.

A U.S. Department of Education investigation concluded Thursday that Texas violated federal law by failing to ensure students with disabilities were properly evaluated and provided with an adequate public education.

After interviews and monitoring visits with parents, school administrators and state officials, the federal investigation found that the Texas Education Agency effectively capped the statewide percentage of students who could receive special education services and incentivized some school districts to deny services to eligible students.

It also told TEA that it needs to take several corrective actions, including producing documentation that the state is properly monitoring school districts’ evaluations for special education, developing a plan and timeline for TEA to ensure that each school district will evaluate students previously denied needed services and creating a plan and timeline for TEA to provide guidance to educators on how to identify and educate students with disabilities.

“Far too many students in Texas had been precluded from receiving supports and services under [the Individuals with Disabilities Education Act],” said U.S. Secretary of Education Betsy DeVos in a statement Thursday. “I’ve worked directly with TEA Commissioner [Mike] Morath on resolving these issues, and I appreciate the Texas Education Agency’s efforts to ensure all children with disabilities are appropriately identified, evaluated and served under IDEA.

“While there is still more work to be done, leaders in the state have assured me they are committed to ensuring all students with disabilities can achieve their full potential.”

In response to the report, Gov. Greg Abbott sent a letter to Morath demanding that TEA prepare an initial plan to reform special education within the next seven days, with the input of parents, advocates and educators. He also demanded TEA develop legislative recommendations to help ensure districts comply with federal and state special education laws.

Legislators passed a law in May prohibiting Texas from capping special education services. Special education advocates and parents had lobbied for a number of smaller reform bills during the session, few of which passed.

“Federal officials have provided no definitive timeline for action by TEA, but parents and students across our state cannot continue waiting for change,” Abbott wrote. “I am directing you to take immediate steps to prepare an initial corrective action plan draft within the next seven days.”

In a statement Thursday, Morath said he will continue to increase training and support for educators on educating students with disabilities.

“We have added significant resources focused on increasing technical assistance and training for our school systems, including 39 statewide special education support staff in the last year,” he said. “I am committing today that there will be more.”

The federal investigation was prompted by a series of reports from the Houston Chronicle alleging TEA had denied needed special education services to thousands of students with disabilities across the state. Texas provides special education to a small percentage of students compared to other states. That number has gone up from 8.5 percent in 2015-16 to 8.8 percent last school year, according to TEA’s statewide academic performance report.

TEA has denied all allegations that it capped services for students.

The report comes more than a year after federal officials traveled to five Texas cities in December 2016 and heard parents tell numerous stories about educators who had not been properly trained on what services they were legally required to provide students with disabilities. The agency also collected more than 400 public written comments from those who could not attend a meeting in person.

Federal officials returned to Texas last February to tour selected school districts for a firsthand look at local special education data and policies.

The report Thursday confirmed the complaints of many the parents who spoke out at those meetings. It said:

  • TEA was more likely to monitor and intervene in school districts with higher rates of students in special education, creating a statewide system that incentivized denying services to eligible students. School district officials said they expected they would receive less monitoring if they served 8.5 percent of students or fewer.
  • According to internal reports reviewed by federal officials, administrators at multiple districts worked to decrease the percentage of students identified for special education services — even though there was no evidence to indicate those actions were necessary.
  • School administrators provided some students suspected of having disabilities with intensive academic support as a way of delaying or refusing to evaluate them for necessary federally funded special education services. Teachers and staff did not understand how to deploy this support in a way that complied with federal law.
  • Texas has a policy to only provide federally funded services to students with dyslexia if those students also have another disability. That violates federal law, the report said, since it denies some eligible students federally funded special education services. School districts were found to be inconsistent in how they interpreted and carried out this state policy.
  • Many school district staff members said they saw evaluation for federally funded special education services as a “last resort” for students who were struggling to learn. They did not understand that students could receive these services in both special education and general education classrooms.

The agency’s attempts to address some of these problems in the last several months collapsed recently after it awarded a contract to overhaul special education to a company with a short track record without letting other firms bid for the job. After parents of students with disabilities argued the contract was poorly thought out, Morath terminated it — with $2.2 million in federal funding already spent for services rendered. The agency is now conducting an internal review of its contracting processes.

Texas now lacks both a special education director and a long-term plan for overhauling special education, leaving parents and advocates frustrated and concerned.

Reference Material

USDE special education monitoring visit letter

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2018/01/11/federal-special-education-monitoring-report/.


Texas Tribune mission statement

The Texas Tribune is a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.

TEA submits revised federal ESSA plan

Commissioner of Education Mike Morath wrote school administrators yesterday to inform them that the Texas Education Agency (TEA) submitted its revised plan to implement the Every Student Succeeds Act (ESSA). The U.S. Department of Education (ED) issued feedback in December to Texas’s original state ESSA plan, which required some revisions and asked for additional clarity.

Morath’s letter to administrators largely focused on how the revised plan would impact the implementation of House Bill (HB) 22, a piece of accountability-related legislation passed by the 85th Texas Legislature, as the major areas addressed by ED involve the new academic accountability system.

“Due to federal timeline requirements, the Agency was forced to make preliminary decisions on the new House Bill 22 (HB 22) accountability system ahead of the timeline for our state rulemaking,” Morath wrote. “I want to emphasize the decisions laid out in our revised ESSA plan do not reflect final stakeholder input and are an effort to comply with federal timelines and requirements.”

Among the changes made to address issues outlined by ED, TEA’s revised plan:

  • alters the long-term goal for ESSA to entail 30 percent growth based on baseline scores from the 2016-17 school year (the original long-term goal didn’t cut it for ED because, for example, it failed to anticipate graduation rate growth for certain student subgroups, in this case white males; proficiency goals are also now based on a meeting grade level expectation rather than the originally proposed approaching grade level expectation);
  • removes writing, science, and social studies test results from the academic achievement considerations (ED interprets the law to say only math and reading/language arts results can be used to calculate this indicator; the other test results will still be used for calculating student success and school quality);
  • aligns the accountability impact for failing to meet the required 95 percent testing participation rate with federal stipulations, which will impact schools where parents opt their students out of state standardized testing;
  • adjusts the federally required summative rating calculation so that either student achievement or progress (the better score of the two) makes up 70% of the rating, while 30% consists of progress towards closing the gaps (the original calculation would have averaged the two percentiles); and
  • changes accountability for recently arrived English language learners so that it begins in their second year in U.S. schools (the original plan would not have included some recently arrived ELL students in some accountability results for the first two years and would have omitted some asylum/refugee students for up to five years).

The revised state plan also adds language to clarify various aspects of the proposal. For example, ED asked for more information on how Texas plans to satisfy a federal requirement to track and publicly report the disproportionate rates at which poor and minority children have access to experienced, qualified educators, an issue on which ATPE has long advocated for change driven by research-based solutions. The revised plan dives deeper into Texas’s landscape and the way TEA intends to calculate and report the data.

The letter goes on to inform administrators that TEA will submit amendments to the plan if additional feedback leads to “decisions different from what is proposed and already submitted in our ESSA plan.” Similar language in the original plan submitted to ED was omitted in the revised plan.

Read Morath’s full letter and access the revised state ESSA plan here.

Teach the Vote’s Week in Review: Dec. 22, 2017

Happy holidays! Here’s your week in review from ATPE Governmental Relations:

Earlier today, President Donald Trump signed into law a major tax overhaul bill approved by Congress this week. The president also signed off on a short-term funding bill to keep the federal governmental operational for a few more weeks until longer-term legislation can be passed. The final $1.5 trillion tax bill omits some provisions that were worrisome for educators employed in public schools, which ATPE urged our congressional delegation to remove from earlier versions of the legislation. For more on the tax law that was approved, check out this blog post from ATPE Lobbyist Kate Kuhlmann.

Texas Speaker of the House Joe Straus (R-San Antonio) has announced his appointments to two key state commissions. First, the speaker revealed his picks to serve on the new Texas Commission on Public School Finance, authorized by the legislature earlier this year. The House appointments include Reps. Dan Huberty (R-Kingwood), Diego Bernal (D-San Antonio), and Ken King (R-Canadian). Fittingly, all three of the representatives chosen by the speaker also hold leadership roles on the House Public Education Committee: Huberty as committee chair, Bernal as committee vice-chair, and King as chair of the Subcommittee on Educator Quality. Also appointed to serve on the commission is Nicole Conley Johnson, who is currently employed as Chief Financial Officer for Austin ISD. Additional members of the school finance commission were previously announced by Gov. Greg Abbott and Lt. Gov. Dan Patrick.

Yesterday, Straus also announced that Reps. Chris Paddie (R-Marshall), Stan Lambert (R-Abilene), and Poncho Nevarez (D-Eagle Pass) would serve on the Sunset Advisory Commission, along with public member and retired accountant Ron Steinhart of Dallas. The commission is charged with overseeing and making recommendations to the legislature on periodic reviews of various state agencies.

Twenty Texas school districts will have an opportunity to take part in a pilot program using locally designed accountability measures. Commissioner of Education Mike Morath named the districts selected earlier this week from a pool of 50 applicants. The pilot program falls under Rep. Dan Huberty’s House Bill 22 passed earlier this year. For more on the local accountability pilot study, view information on the Texas Education Agency’s website here.