Tag Archives: educator quality

TEA releases draft Texas plan to satisfy ESSA

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

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

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

Long-term goals

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

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

Accountability indicators

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

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

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

Identifying and supporting struggling schools

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

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

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

Educator effectiveness

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

Equitable access to educators

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

Assessments

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

 

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

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

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

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

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

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

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

Members of the ATPE Lobby Team

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

o  The Senate’s voucher amendment to HB 21

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

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

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

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

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

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

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

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

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

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

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

·        Create an early childhood through third grade teaching certificate;

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

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

 

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

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Other Legislative Victories:

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

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

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

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

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

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

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

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

ATPE's 2016-17 State Officers

ATPE’s 2016-17 State Officers

Teach the Vote’s Week in Review: June 23, 2017

The weekend is here, and it’s time for your wrap-up of education news from ATPE:


ThinkstockPhotos-462761867We’re less than a month away from a 30-day special session ordered by Gov. Greg Abbott. Passing sunset legislation to keep a handful of agencies from going out of business during the interim will be the first order a business, after attempts to pass such a bill during the regular session fell victim to a battle of wills over ideological issues. Gov. Abbott has laid out 19 additional issues for lawmakers to consider during the special session, with signs that even more topics could be added to the agenda as we move closer to the start date. The governor’s wish list, featuring a number of Lt. Gov. Dan Patrick’s questionable “priorities” from the regular session, includes regulating local school bathroom policies, funding private school vouchers, mandating that school districts come up with their own funds for a teacher pay raise, tinkering with teachers’ employment and due process rights, and prohibiting educators from using payroll deduction for their voluntary membership dues to professional associations like ATPE.

Aside from the need to deal with the agency sunset matters that were allowed to falter during the regular session, the governor’s declaring this particular score of issues as being “extraordinary” and urgent enough to warrant spending a million dollars of the taxpayers’ money to debate is a decision that has left many scratching their heads. Arguably the most important priority that did not get addressed during the regular session was school finance reform, but that issue has barely registered as a blip on the governor’s special session radar. Abbott made it clear during his recent press conference that he intends merely for the legislature to appoint a commission to study the issue over the next two years. Many lawmakers, especially in the House, have indicated that they do not share the governor’s views on the urgency of spending another month arguing about such petty concerns as how local bathroom policies are written and how educators spend their own hard-earned money.

Gary Godsey

Gary Godsey

ATPE weighed in on the merits of the special session plans this week in an opinion piece written by Executive Director Gary Godsey and published by The Texas Tribune on its TribTalk website. Godsey explained that the founders of our state government gave governors the ability to call special sessions “under ‘extraordinary occasions.’ Examples noted in the Texas Constitution are the presence of a public enemy or a need to appoint presidential electors. Nowhere does it mention attacking teachers, schools, or political enemies merely to score points heading into the next election cycle.” Read the full piece republished on our blog here.

17_web_Spotlight_AdvocacyCentral_1With the renewed attacks on public schools and hardworking educators that are anticipated in the new few weeks, it is important for educators to stay engaged and share their input with legislators. ATPE members are encouraged to visit Advocacy Central to send messages to their own lawmakers about protecting educators’ rights, properly funding the needs of our public (not private) education system, and preserving local control. The special session will convene on July 18.

 


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

The SBOE hears from Commissioner Mike Morath at the board’s June 2017 meeting.

The State Board of Education (SBOE) has been meeting this week in Austin, and ATPE Lobbyist Mark Wiggins has been in attendance to report on all the action.

As Mark reported for our blog on Tuesday, the board began its meeting hearing from Commissioner of Education Mike Morath and learning about legislative revisions to the state’s “A through F” accountability system and the recent roll-out of new STAAR report cards by the Texas Education Agency (TEA). Much of the SBOE’s work this week has been centered around revisions to the curriculum standards for English and Spanish language arts and reading. The board also looked at its process for TEKS revisions, as Mark described on Wednesday. Appointing board members to serve on a new Long-Range Plan Steering Committee was also on the agenda this week. On Thursday, Mark reported that SBOE committees took a closer look at education bills passed by the 85th Texas Legislature this year and considered impacts on the Permanent School Fund. It was also reported this week that the fund surpassed its investment benchmarks and hit the $32 billion mark for the first time.

For a wrap-up of this week’s SBOE action, check out Mark’s latest blog post here.

 


ATPE State President Julleen Bottoms and Vice President Carl Garner in Washington, DC

ATPE State President Julleen Bottoms and Vice President Carl Garner in Washington, DC

This week, a group of ATPE leaders and staff traveled to Washington, DC to discuss federal education concerns. ATPE State President Julleen Bottoms and Vice President Carl Garner were joined by Executive Director Gary Godsey and ATPE lobbyists Kate Kuhlmann and Monty Exter. David Pore, ATPE’s Washington-based lobbyist, arranged meetings for the team with several key officials in the nation’s capital.

The team had a jam-packed schedule of more than 20 meetings this week, visiting with both the U.S. House and Senate committees that cover K-12 education issues, staff of the U.S. Department of Education, and a sizable chunk of the Texas congressional delegation. ATPE’s representatives primarily focused the discussions on three issue areas: the repeal and replacement of the Windfall Elimination Provision (WEP) that limits many educators’ access to Social Security benefits; implementation of the Every Student Succeeds Act (ESSA); and troubling signs that the country’s new Education Secretary Betsy DeVos is pushing for privatization of the public education system.

ATPE's Monty Exter, Carl Garner, and Gary Godsey meet with U.S. Rep. Kevin Brady in June 2017.

ATPE’s Monty Exter, Carl Garner, and Gary Godsey meet with U.S. Rep. Kevin Brady in June 2017.

One of the first meetings our team conducted this week was with Congressman Kevin Brady (R-Texas), the chair of the powerful U.S. House Ways and Means Committee. Rep. Brady has been working with ATPE and other stakeholder groups on a bill that will repeal the current WEP and replace it with a much fairer system. During the meeting, he told ATPE Vice Present Carl Garner that he is looking forward to reintroducing his legislation and that when he does so, he expects it to move through Congress quickly.

Overall the visiting ATPE team reported that they received a very positive reception to our message during their many visits with lawmakers and staff. Executive Director Gary Godsey called it the most productive trip to Washington he’s taken since joining the organization. For more highlights of the Washington trip, check out ATPE’s Facebook page.

ATPE's Monty Exter, Kate Kuhlmann, Julleen Bottoms, Gary Godsey, and Carl Garner in Washington, DC, in June 2017

ATPE’s Monty Exter, Kate Kuhlmann, Julleen Bottoms, Gary Godsey, and Carl Garner in Washington, DC, in June 2017

 


 

 

Teach the Vote’s Week in Review: June 16, 2017

School is out for the summer, but education news keeps churning; here is your weekly wrap-up:


ThinkstockPhotos-187006771-USCapAs we reported extensively last week, Governor Abbott has called a special session to address 20 anticipated issues, a number of which involve your career, your students, your classrooms, and your schools. After five months of fighting hard and ultimately defeating policies that would establish vouchers in a number of different forms and selectively prohibit educators’ right to utilize payroll deduction, the Governor is now calling legislators back to Austin to reconsider both issues and encouraging them to act on these issues he considers priorities. He wants legislators to consider these policies while also addressing ways to merely study school finance (despite the existence of bills to overhaul and improve the system), give teachers a $1,000 pay raise (that he doesn’t expect the state to put new money towards), and offer administrators more flexibility to hire, fire, and retain teachers (an issue that received little to no discussion during the regular legislative session and on which the Governor has offered no additional information).

Your legislators need to hear from you on all of these special session issues!

17_web_Spotlight_AdvocacyCentral_1ATPE urges educators and supporters of public education to contact their legislators on all of these issues. Teachers deserve a pay raise, but they deserve a real one – one the state intends to pay for! Students deserve a public school system that is fully funded and not parsed into a system that sends public funds to unaccountable private schools! Educators deserve respect, not to be targeted by policies that seek to suppress their collective voice under the false pretense that payroll deduction costs the state money! ATPE members may visit Advocacy Central to call, tweet, email, and send Facebook messages to representatives and senators on these issues. Your legislators need to hear from you!

Related content: From the Texas Tribune this week, Ross Ramsey offers analysis on another issue added to the special session call: property tax reform. As the legislature sets to again discuss property tax reform, Ramsey warns property owners not to get too excited. “That does not mean your tax bill is going to get any smaller,” he writes. As ATPE has pointed out in the past with a growing chorus of other public education advocates, Ramsey explains how funding public schools at the state level lowers the tax burden on homeowners locally. Read the full piece here.

 


U.S. Dept of Education LogoThis week the U.S. Department of Education (ED) offered initial feedback to three states that have already submitted state plans to implement the Every Student Succeeds Act (ESSA). ESSA replaced the No Child Left Behind (NCLB) Act as the primary federal education law governing education policy for pre-K through grade 12 schools, and each state is required to develop a plan for its own implementation of the new federal law.

States must submit their final ESSA plans to the department later this year, but 13 states took the optional opportunity to submit a draft plan in April and get initial feedback from the feds. The department released its initial input for three of those states on Tuesday, which took many by surprise due to the extensiveness of the response. (The Trump administration has said only that it will follow the letter of the law, repealing several regulations established under the Obama administration and not writing any new regulations to more specifically define elements of the law Congress wrote.)

Delaware was one of the three states that received initial feedback, and one piece might be of interest to Texas as it continues to write its own ESSA plan (since Texas was not one of the 13 states to submit a plan for initial review). Delaware wanted to include student performance on state math, English, science, and social studies tests as a part of its accountability measures to satisfy federal perimeters, but ED responded that Delaware should rethink the addition of social studies and science. Based on this, it seems ED is interpreting ESSA to say that state accountability systems should only utilize math and English tests as indicators. Texas tests students in all four subjects as well, and our state accountability system currently takes the results of all tests into account. As the Texas Education Agency (TEA) continues to develop Texas’s ESSA plan, this could influence decisions made with regard to including student performance targets in science and social studies.

Further complicating the discussion, Texas lawmakers considered the elimination of certain social studies exams during the 85th regular legislative session, although no such bill passed. Stakeholders and lawmakers alike were ultimately successful in maintaining the exams based on the concern that what isn’t tested, might not remain a focus of classroom learning through textbooks, teaching, etc. How these developments will play into Texas’s ESSA plan remain uncertain.

A group of ATPE state officers and lobbyists will be in Washington, D.C. next week meeting with ED officials and members of Congress to discuss ESSA and other issues. Stay tuned to Teach the Vote for updates.

 

Highlights of today’s SBEC meeting

SBECThe State Board for Education Certification (SBEC) is meeting today in Austin to take up an agenda involving a few actions items and several discussions. The topic of Districts of Innovation (DOIs) has also made several appearances at today’s meeting.

 

Action Items

The action items for today’s meeting included preliminary action on new passing standards for out-of-country certification candidates required to show evidence of English language proficiency via the Test of English as a Foreign Language (TOEFL). A committee of stakeholders proposed minimum cut scores of 24 for the speaking portion of the exam, 25 on the reading, 25 on the listening, and 21 on the writing. The board also took a preliminary step to disallow out-of-country candidates to show English language proficiency solely based on the fact that they earned a degree from an institution of higher education that delivers instruction in English. The board also took final action on revisions to late renewal requirements for certificate holders. The new language clarifies processes for certification renewals that are submitted not more than six months after the renewal deadline and those submitted more than six months after the deadline.

 

Discussion Items

The discussion items before the board today included an update on work to redesign the principal and teacher surveys for the Accountability System for Educator Preparation Programs (ASEP); a presentation on the plan to implement the recent changes to rule chapters involving educator preparation programs and their candidates; and an initial discussion regarding future extensive changes to the Standard School Counselor Certificate requirements and standards, as well as additional changes to the Standard Educational Diagnostician Certificate.

The board also received an update on the SBEC directive to explore best pathways for training early childhood through grade 3 teachers. Texas Education Agency (TEA) staff updated the board on the decision by the 85th Texas Legislature to pass legislation mandating the creation of an Early Childhood through Grade 3 Certificate. Staff expanded the discussion to include an educator certification structure redesign to best accommodate new certificate and district needs. The board approved a Classroom Teacher Standards Advisory Committee, which includes ATPE members, to immediately begin work on addressing this charge.

 

Districts of Innovation

The topic of Districts of Innovation (DOI) also came up several times at today’s meeting. First, in relation to approving the rule review process for the SBEC chapter involving school personnel assignments, TEA staff presented data on district’s certification exemptions under DOI. To date, 416 Texas districts across the state have exempted themselves from certification requirements. Examples of district reasons for certification exemptions shared by TEA included the desire to hire trade professionals to teach CTE courses (an area where state law already grants considerable flexibility to districts); the flexibility to allow teachers to teach outside their field of certification; the intent to hire community college instructors and university professors; and the need to fill science, math and foreign language classrooms in rural areas of the state. The data presented also showed that 127 districts have exempted themselves from the requirement to notify parents of a student who is taught by an uncertified teacher, and 12 DOIs will not follow state law requiring districts to void the contract of a probationary educator who fails to complete all certification requirements in the three years the candidate is given to do so.

Later, TEA attorneys also explained to members of the board how it is possible for DOIs to hire educators who previously had their SBEC certificates revoked  - even permanently – because state law fails to prevent such conduct, despite specific provisions in place for charter schools given similar flexibility.

Abbott announces special session to include many public education items

ThinkstockPhotos-99674144Governor Greg Abbott released his plans for a special session today following a week of growing anticipation. For educators and public education advocates, the fight isn’t over. Beginning July 18, the Texas Legislature will to return to Austin to address a long list of issues identified by Governor Abbott. Only one, continuing the Texas Medical Board, requires “emergency” attention; once that has been addressed, Governor Abbott expects the legislature to immediately address 19 additional items.

Two of those additional items are particularly familiar to public education advocates and educators who just spent the last five months defeating them. By adding them to the special session call today, the governor revived vouchers for special education students and a prohibition on payroll deduction for educators. Both issues were ones addressed and rejected by the legislature during its regular session. ATPE immediately responded to the news with a press release calling payroll deduction a “shameful attack on public school employees.”

The governor also added school finance to the call, but he only called on lawmakers to create a commission to study school finance. He did not call on lawmakers to pass the pieces of legislation debated during the regular session that actually sought to fix the school finance system. For instance, HB 21 by Chairman Dan Huberty (R-Humble) and SB 2051 by Chairman Larry Taylor (R-Friendwood) took separate approaches to fixing the school system, but each addressed current school funding issues and received strong support. The school finance fix was ultimately derailed when Lt. Governor Dan Patrick added a voucher and refused to compromise on any bill to fund schools if a voucher wasn’t included.

Two items that got little attention during the regular session but topped the governor’s list of special session items today were a $1000 pay raise for teachers and flexibility for administrators in hiring, firing, and retaining teachers. The governor gave little detail on how to address either item, but did say that he expects the pay raise to be carried out through existing money and within existing budgets, meaning he doesn’t want the legislature to dedicate any new funding to the effort.

The 19 additional items, as described by Governor Abbott’s office are as follows:

  1. Teacher pay increase of $1,000
  2. Administrative flexibility in teacher hiring and retention practices
  3. School finance reform commission
  4. School choice for special needs students
  5. Property tax reform
  6. Caps on state and local spending
  7. Preventing cities from regulating what property owners do with trees on private land
  8. Preventing local governments from changing rules midway through construction projects
  9. Speeding up local government permitting process
  10. Municipal annexation reform
  11. Texting while driving preemption
  12. Privacy
  13. Prohibition of taxpayer dollars to collect union dues
  14. Prohibition of taxpayer funding for abortion providers
  15. Pro-life insurance reform
  16. Strengthening abortion reporting requirements when health complications arise
  17. Strengthening patient protections relating to do-not-resuscitate orders
  18. Cracking down on mail-in ballot fraud
  19. Extending maternal mortality task force

Teach the Vote’s Week in Review: June 2, 2017

Texas state legislators have gone home, at least temporarily. When might they return? Here is the latest advocacy news from ATPE:

 


ThinkstockPhotos-144283240On Monday, May 29, the 85th Legislature adjourned sine die, following a 140-day regular session marked by considerable conflict over important and not-so-important issues. The Legislature did reach an agreement on the state’s budget, which was the only bill constitutionally required to pass. However, the House and Senate took decidedly different approaches to their other priorities this session, as ATPE Governmental Relations Director Jennifer Canaday wrote in this blog post on Monday. School finance reforms sought by the House fell victim to a push for private school vouchers by the Senate. Gov. Greg Abbott and Lt. Gov. Dan Patrick both made late-session declarations that lawmakers needed to pass a bill regulating public bathroom use by transgender Texans and a bill changing requirements for elections before property tax increases, but neither measure made it beyond the finish line.

Another bill that did not pass was a sunset “safety net” bill designed to keep certain state agencies, including the Texas Medical Board, from ceasing to operate during the next two years. The failure of that bill to pass could alone force Gov. Abbott to call a special session, leading to speculation about which other topics might be added to the types of bills that could be considered during a special session. Lt. Gov. Patrick warned during the last week of the regular session that he would be urging the governor to include on any special session call various other “priorities” that the Senate passed but the House did not approve; those could include not only state-mandated bathroom restrictions to which many school districts and business leaders objected, but also private school vouchers and the anti-educator bill that would eliminate payroll deduction for educators’ professional membership dues. All of these were ATPE-opposed bills that were shut down during the regular session, largely thanks to the more moderate, common sense approach of the Texas House under the leadership of Speaker Joe Straus.

After hinting that he would make an announcement by the end of this week, Gov. Abbott told reporters today not to expect any announcement either today or during the weekend about his calling a special session. Be sure to tune in to Teach the Vote next week and follow us on Twitter for updates.

 


ThinkstockPhotos-177774022-docThe Legislature managed to pass important bills to keep the TRS-Care healthcare program for retired educators afloat for a few more years, and the TRS board of trustees now has responsibility for implementing the changes directed by lawmakers. ATPE Lobbyist Mark Wiggins attended today’s meeting of the TRS board and penned a blog post outlining the many changes that will take effect in 2018.

While the legislature passed no major bills pertaining to TRS-ActiveCare this session, the board is taking steps now to mitigate an anticipated shortfall for that program, too. Fortunately, no bills that would negatively affect the TRS pension plan, such as converting the defined-benefit plan to a defined-contribution or hybrid design, gained traction this session. Check out Mark’s blog post for more on the legislative changes that will affect TRS and educators’ healthcare.

 


One of the most significant bills approved by the 85th Legislature this year was House Bill 22, aimed at reworking the A-F accountability system for school districts and campuses. On our blog this week, ATPE Lobbyist Monty Exter answers a number of questions about what the bill does and areas in which Commissioner of Education Mike Morath will be tasked with rulemaking and additional interpretation of HB 22. Read Monty’s blog post for more information about changes coming soon to the A-F system.

 


Male lecturer looking at students writing in a classroomYet another topic that garnered significant discussion by the 85th Legislature this year was educator quality. The results were mixed, as ATPE Lobbyist Kate Kuhlmann analyzed this week for our blog. A high-profile bill to stem educator misconduct and the problem often called “passing the trash” got the approval of lawmakers and has already been signed into law by Gov. Abbott. For more on that bill and several others relating to educator preparation and certification, check out Kate’s latest blog post here.

 


Next week, the State Board for Educator Certification (SBEC) will be meeting on Friday, June 9. We’ll have a report for you on that meeting, plus ongoing analysis of the legislative session that ended this week. ATPE will also bring you up-to-the-minute reporting on any announcements of a special session. As always, you can follow @TeachtheVote and individual members of the ATPE lobby team on Twitter for the most timely news from our team.

17_web_Spotlight_SummitATPE members are also encouraged to register to attend the ATPE Summit, July 10-12 in Austin, where our lobbyists will be presenting an in-person legislative update wrapping up the 85th legislative session and what it means for Texas public education.

 


 

Bills addressing educators in the 85th Texas Legislature

Teacher Standing in Front of a Class of Raised Hands

Public education advocates mostly successful in fighting bad educator preparation policy

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

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

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

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

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

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

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

Teacher mentor and appraisal bills bite the dust

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

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

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

Educator misconduct omnibus bill becomes law

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

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

Districts of innovation educator loophole addressed, overall law left alone

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

For instance, HB 972 by Rep. Helen Giddings (D-Dallas) would have partly disallowed districts from exempting themselves from teacher certification laws by disallowing a district from assigning most students in first through sixth grade to an uncertified teacher for two consecutive years (unless the district gets permission from parents). The bill passed the House but was not given a hearing in the Senate. Similarly, HB 1867 by Rep. Mary Gonzalez (D-El Paso) would have removed educator certification from the exemptions available to districts under DOI. That bill failed to pass either chamber.

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

Grab bag of other educator bills face different fates

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

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

Teach the Vote’s Week in Review: May 26, 2017

We’re counting down the last few days of the 85th legislative session. Here are the latest updates:


The 85th Texas Legislature is set to adjourn sine die on Monday, May 29. As the clock winds down on the regular session, ATPE Lobbyist Mark Wiggins provides this update on the ongoing state budget negotiations:

ThinkstockPhotos-185034697_gavelcashLawmakers are within sight of fulfilling their only constitutional obligation: To pass a state budget for the next two years. Despite all the threats regarding bathrooms and tax elections, failure to pass a budget during the 140 days of regular session is the only circumstance that would automatically trigger a special session.

This week conferees from the House and Senate have busily worked to iron out differences between the two chambers on SB 1, the general appropriations act – AKA the budget. On Thursday, the ten negotiators released their conference committee report, the last step before the budget receives a final vote in the House and Senate. Earlier this week, the committee posted issue docket decisions outlining the negotiation points within each budget article.

The final budget agreement allocates $216.8 billion in total state and federal funds over the next two years, including $106.7 billion in state general revenue. The budget funds public education at current levels adjusted for enrollment growth, but does so in part by taking advantage of rising local property values to further reduce the share of state funding. A proposal by House leadership to provide roughly $1.8 billion in additional funding to public schools contingent upon a school finance reform bill was killed by the Senate, which stripped the proposal down to $500 million before killing the bill altogether by refusing an offer by the House to negotiate.

Lawmakers reduced funding in a number of areas, including eliminating funding for the governor’s high quality pre-K program. The budget will draw $1 billion from the $10 billion rainy day fund and defer a $2 billion payment to the highway fund in order to avoid further program cuts.

The state budget is eligible for final consideration before the full House and Senate on Saturday, at which point each chamber may either approve or reject the bill by an “up or down” vote. Stay tuned to Teach the Vote and follow us on Twitter for updates this weekend.

 

Meanwhile, in Washington, D.C., there has been movement on drafting a federal budget. ATPE Lobbyist Kate Kuhlmann offers this report on the week’s developments:

cutting budget with scissor on wooden backgroundPresident Donald Trump’s full budget proposal was released Tuesday, and, as was outlined in his budget blueprint released earlier this year, he wants to cut the federal education budget by more than 13 percent. The cuts would total $9.2 billion under the most recent proposal and would include slashing over $2 billion for a program aimed at teacher and principal training as well as more than $1 billion for after-school programs.

The proposed federal budget would also maintain regular Title I funding at current levels, but dedicate just under $1.5 billion to pet programs of Secretary of Education Betsy Devos under the guise of “school choice.” Within that amount, $250 million would go toward creating the beginnings of a federal voucher program for private schools. (It is expected that the administration and Secretary Devos will separately push a type of voucher known as a tax credit scholarship when President Trump pushes forward with a tax reform plan.) The remaining money would go toward a funding structure known as Title I portability and charter schools, with the vast majority going to the former. Title I portability would allow public school students to take their federal funding with them as they go to the public schools of their choice. ATPE has expressed concern over this type of funding in a letter to members of Congress because “focusing funding on individual students would divert funding from schools that serve students living in high concentrations of poverty” and are in most need of the additional federal funding.

However, President Trump’s full budget proposal is just that, a proposal. Following the release of the proposal, U.S. Senate Health, Education, Labor and Pensions (HELP) Committee Chair Lamar Alexander stated, “Congress will write the budget and set the spending priorities. Where we find good ideas in the president’s budget, we will use them.” It is now up to Congress to develop a federal spending plan they can advance to the President for a signature. More details on the full proposal from the president can be read here.

 


Hopes for improved school funding and property tax relief were dashed this week when the Senate opted to doom House Bill (HB) 21, a school finance bill by Rep. Dan Huberty (R-Kingwood), rather than continue to negotiate its fate.

As we have been reporting on Teach the Vote, Huberty’s bill had broad support from the education community when it was approved by the House, offering an additional $1.6 billion in funding for public schools, hardship grants to help districts facing the loss of ASATR funding set to expire, and additional aid to students with dyslexia. However, the Senate chose to strip funding from the bill and use it instead as a vehicle for an educational savings account (ESA) voucher to pay for students with special needs to attend private or home schools. The Senate passed its version of HB 21 in the overnight hours Monday night/Tuesday morning by a vote of 21-10.

On Wednesday, the House discussed the Senate’s controversial changes to the bill. Chairman Huberty spoke passionately about the House’s efforts to find a school finance fix and lamented that the Senate had gutted the bill and stripped out its method of finance. House members also acknowledged the fact that passage of a school finance reform bill would be the only “direct” way that lawmakers could lower local property taxes. Rejecting the Senate’s version of the bill, Reps. Huberty, Trent Ashby, Ken King, Gary VanDeaver, and Diego Bernal were then appointed to serve on a conference committee for HB 21.

NO VOUCHERSThe House also voted on a few motions to instruct their conferees, which serve to give guidance to the conference committee on the will of the House as negotiations continue on a bill. The first motion to instruct was made by Rep. John Zerwas (R-Fulshear) who chairs the powerful House Appropriations Committee. It called for the conferees to reject any voucher language in the school finance bill, and the House approved that motion by a vote of 101-45. Next, Rep. Ron Simmons (R-Carrollton) offered a motion to instruct the conferees to look for ways to offer school choice (vouchers) to students with special needs. The House rejected that instruction with a vote of 47-89. The House also adopted a motion to instruct by Rep. Ken King urging conferees to seek additional money for hardship grants to help districts that are losing ASATR funds; that motion passed on a vote of 132-12.

With the House having sent another strong message rejecting vouchers in any form, HB 21 was again in the hands of the Senate to appoint its five members of a conference committee to try to hammer out an agreement that would offer some school finance relief. Senate leaders announced quickly that same afternoon that they would not appoint members to a conference committee for further negotiations on the bill, effectively sealing its fate.

Lt. Gov. Dan Patrick was quick to point the finger at House leaders for killing the bill, saying he was “appalled” that the Senate’s voucher plan to help students with special needs was rejected. House Speaker Joe Straus responded that the House had tried to work on school finance until the Senate abandoned that effort. “The Senate has chosen to focus on sending taxpayer dollars to private schools,” Straus wrote in a statement. “Most House members don’t support that idea, as today’s vote once again showed.” Straus added, “Unfortunately, the Senate walked away and left the problems facing our schools to keep getting worse.”

The only real school finance-related legislation still alive at this point is in the form of an amendment the Senate added to HB 22, the A-F accountability bill still being considered. The Senate added language to that bill pulled from SB 2144 calling for the creation of a commission that would study school finance during the interim.

 


In a signing ceremony yesterday, Gov. Gregg Abbott enacted Senate Bill (SB) 7, a bill aimed at stemming and strengthening penalties for educator misconduct, including inappropriate relationships with students. The bill by Sen. Paul Bettencourt (R-Houston), which ATPE and other educator groups supported, will take effect September 1, 2017.

SB 7 requires automatic revocation of certificates of any educators who are required to register as sex offenders and requires educators applying for a new teaching job to disclose in an affidavit if they have ever been charged with or convicted of a crime involving misconduct with students. Some educators convicted of certain crimes involving children would lose their TRS pensions, too. The legislation expands current requirements for superintendents to report teacher misconduct to the State Board for Educator Certification by adding some new reporting requirements for school principals. SB 7 also requires school districts to adopt a policy on electronic communications between teachers and students, which many districts already have in place.

In an op-ed yesterday for the Austin American-Statesman newspaper, Gov. Abbott wrote, “We will protect our children from sexual predators in our classrooms. We will not allow a few rotten apples to abuse this position of trust.” Commissioner of Education Mike Morath also praised the new law in a blog post:

“Parents should be confident that our schools are places of learning and trust for all students. When violations of that trust occur, there should be consequences. Senate Bill 7 provides the Texas Education Agency, law enforcement and local school districts with additional tools to continue our work in combatting educator misconduct.”

 


Drugs and MoneyThe 85th Legislature has finally passed a bill to prevent the TRS-Care healthcare program for retired educators from going under. House Bill (HB) 3976 by Rep. Trent Ashby (R-Lufkin) received the approval of both the House and Senate and has been sent to Gov. Abbott for his review. The bill raises costs and limits options for retirees, but it was viewed as must-pass legislation by ATPE and other educator groups concerned about saving the TRS-Care program from going bankrupt. If the bill becomes law, these changes will be implemented on Jan. 1, 2018, and the TRS Board of Trustees will have a few months to iron out the details of the new plan. For more on the history of the TRS-Care legislation, view this recent blog post by ATPE Lobbyist Monty Exter who has followed this issue throughout the legislative session.

 


Among the bills that remain up in the air in these waning days of the legislative session are Senate Bill (SB) 463 by Sen. Kel Seliger (R-Amarillo). The bill would extend the law allowing for Individual Graduation Committees to decide if certain students may graduate despite failing a STAAR test. That law, enacted in 2015, is set to expire unless the legislature acts. Sen. Seliger’s bill as filed would have made the IGC law permanent, but some senators objected and gave it merely a two-year extension instead. House members, under the leadership of Chairman Huberty, voted to extend the bill’s life to 2021. Now the Senate has an opportunity to concur in the Senate’s changes to the bill or appoint a conference committee if further negotiations are desired. It is up to Lt. Gov. Dan Patrick to decide if he will give Sen. Seliger an opportunity to bring up the bill and allow the Senate to make such a choice. If the Senate declines to take any action, the bill will die and the IGC law will expire.

Also pending is House Bill (HB) 22 by Chairman Huberty, aimed at improving the state’s A through F accountability system. The Senate passed its version of that bill at around 2:30 am early Wednesday morning, and Chairman Huberty asked the House this afternoon not to concur with the Senate’s changes to the bill. The House therefore has appointed Huberty to serve on a conference committee for HB 22, joined by House Public Education Committee Vice Chairman Diego Bernal, Rep. Ken King, Rep. Gary VanDeaver, and Rep. Harold Dutton. Check out this blog post from ATPE Lobbyist Monty Exter for more on HB 22 and where it stands today.

Another bill most likely headed to a conference committee is Senate Bill 1839 by Sen. Bryan Hughes (R-Mineola), which pertains to educator preparation and certification laws. It’s one of several ed prep bills that have been watched closely this session and undergone a number of changes.

Yet another bill still being considered is Rep. Gary VanDeaver’s (R-New Boston) HB 515, which began its life as a bill aimed at reduced state-mandated student testing. Along the way, the bill gained an amendment adding language from Rep. Ashby’s HB 1776 that would replace the state’s EOC test for U.S. history with the test administered nationally for citizenship purposes. The Senate made dramatic changes to the bill, stripping out much of the language pertaining to testing and instead calling for the State Board of Education to conduct an interim study of the social studies curriculum across multiple grades. This afternoon, on a motion by Rep. VanDeaver, the House voted to reject the Senate’s changes to the bill and appoint a conference committee instead. As with other bills, the conference committee must strike a deal by Saturday night to be voted on no later than Sunday by both the House and Senate. Otherwise, that bill will be declared dead, too.

A conference committee was already appointed on SB 179 by Sen. Jose Menendez (D-San Antonio), an anti-cyberbullying bill that ATPE supported. That conference committee has completed its work and submitted a report containing the agreed-upon bill language to be voted on by the House and Senate this weekend.

ThinkstockPhotos-476529187-hourglassOf course, there is also legislation dealing with high-profile political issues that have been identified by Lt. Gov. Patrick and Gov. Abbott as “must pass” bills before the session deadlines run out, including restrictions on the use of bathrooms by transgender students, changes to local property tax laws, and voter ID requirements, which remain undecided at this point. Also, bills to keep some state agencies operating for the next two years are dependent on the passage of sunset legislation that has not yet been finalized. Many will be watching this weekend to see if deals can be struck to avoid a special session. As always, stay tuned to Teach the Vote and @TeachtheVote on Twitter for the latest news.

 


We wish you all a peaceful Memorial Day!

A-F reform: Will they or won’t they act?

House Bill (HB) 22 by Rep. Dan Huberty (R-Kingwood) has been filed to try to modify the state’s recently adopted “A through F” accountability system, which has been widely panned by parents, administrators, and teachers. It passed the House with broad support but underwent some fairly significant changes in the Senate. In its current form, the bill is eligible to cross the finish line in the legislature and head to the Governor’s desk this evening at 7:20 pm. However, there is some question as to whether or not Huberty, who chairs the House Public Education Committee, will accept the Senate’s version of his bill.

ThinkstockPhotos-478554066_F gradeAs the bill progressed this session, both chambers decreased the number of domains in the accountability system and increased what criteria can be considered within each domain. However, the House version of HB 22 was structured in a way to ensure more reliance on non-test-based measures than in the Senate’s version. Likewise, both versions of the bill created differentiation between a D and an F rating, but the Senate version places punitive measures on a D rating that the House version did not include; ostensibly, the House wanted the state, or the Texas Education Agency (TEA), to focus all of its limited resources on the most struggling schools. The Senate’s version of the bill would keep in place a largely unpopular requirement that schools and districts receive a summative or overall accountability grade, while the House version of HB 22 stopped at grading only the individual domains.

Chairman Huberty must decide if he will recommend that the House accept the Senate’s language through a motion to concur in Senate amendments to HB 22, or ask the House to reject the Senate’s version of his bill and appoint a conference committee to work on compromise language before time runs out. Under House rules, that decision must be made by midnight tonight. If no action is taken on the Senate amendments by midnight tonight, then the bill dies and the legislature loses its ability to make statutory changes to the current accountability system for two more years.

If Chairman Huberty chooses to send HB 22 to a conference committee to continue negotiating, that move will only buy the bill about 24 more hours of life at this late date in the session. A conference committee could allow Huberty and his House colleagues an opportunity to improve the bill, but a deal would have to be struck with the Senate conferees by midnight Saturday night; otherwise, further inaction would kill the bill. Should Chairman Huberty decide that HB 22 in its current form as passed by the Senate is better than no change at all, he can accept the Senate amendments and finally pass the bill tonight. Then, it would be up to Governor Abbott to either veto or sign the bill, or let it pass into law without a signature.

As it currently stands, HB 22 contains two amendments specifically added at ATPE’s request. One adds a teacher quality measure into the accountability system that would be based on criteria other than value-added measures of student performance via test scores. The other ATPE-requested change would require TEA to add additional explanations beyond merely a letter grade to describe how each school or district has performed in each domain. HB 22 also contains language about inclusion of a stakeholder group that ATPE requested, but the Senate’s version of the bill limits the role of that stakeholder group considerably compared to the preferred House language.

Stay tuned to Teach the Vote this weekend for updates and follow @TeachtheVote on Twitter for the latest developments.

Update: The House voted Friday afternoon to appoint a conference committee for HB 22.