Tag Archives: Mike Morath

SBOE begins June meeting with A-F update

The State Board of Education (SBOE) met Tuesday for its June session, during which the 15 members will continue work on the Texas Essential Knowledge and Skills (TEKS) for English Language Arts and Reading (ELAR) and Spanish Language Arts and Reading (SLAR) and English as a Second Language (ESL). The board is also scheduled to discuss changes to the TEKS review schedule and appoint members to a Long-Range Plan Steering Committee.

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

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

Tuesday began with an update from Texas Education Agency (TEA) commissioner Mike Morath, who reported the spring testing cycle was completed with satisfactory results. After encountering issues with scoring and test delivery in 2016, Morath stated, “All the problems with last year were resolved.”

A result of testing this year and a one-year effort to redesign the Confidential Student Report (CSR) is the new STAAR report card. The new report card goes beyond numerical results to include more information, context and terms that are easier to understand. More information on the new STAAR report card can be found on the TEA website.

The commissioner also provided a brief summary of changes to the “A through F” accountability system passed during the regular session of the 85th Texas Legislature as part of House Bill (HB) 22. The legislature compressed the system to three domains: Student achievement, school progress and closing the gaps.

The student achievement domain will primarily rely on test data to calculate student performance. Under the school progress domain, the same test data will be used to determine how much students gain year over year and how schools compare to other schools with similar levels of poverty. The closing the gaps domain will focus on identifying whether certain student groups are struggling, relative to the campus. The student achievement and school progress domains will be combined for a single “best of” score, which will be weighted against the closing the gaps domain to calculate the overall or “summative” score.

The agency will focus on outreach to stakeholders through December, and the first district-level ratings under the new system will be issued in August 2018. At that time, campus-level ratings will still be either “met standard” or “improvement required.” All campuses are scheduled to receive a “what if” report using the A through F system on January 1, 2019. Official campus-level A through F ratings will be issued in August 2019, at which time a local accountability plan framework will also be rolled out.

Districts using a local accountability plan must continue to use the three state domains, but may add as many additional domains as they like and come up with an independent formula for calculating a summative score. Only schools that have not scored a “D” or an “F” will be able to participate, and local accountability plans will be vetted through a “peer-review” process.

Under HB 22, attendance rates have been removed from the accountability system, fixing problem identifying by many elementary and middle schools. A task force has been commissioned to look at incorporating extracurricular activities, which is expected to be a five-year process.

Member Keven Ellis (R-Lufkin) asked about the effects of Senate Bill (SB) 1784, which promotes the use of “open-source instructional materials.” These materials are currently licensed through the state procurement process, which already includes accessibility requirements. Morath said the agency plans to make the process more similar to the proclamation process used by the SBOE for textbook vendors.

The board received an update from TEA staff on other bills passed during the legislative session. The agency is currently tasked with implementing 145 pieces of legislation passed by lawmakers of the 85th Texas Legislature.

The board proposed eight legislative recommendations, of which five were successfully carried out. Lawmakers expanded SBOE authority over approving instructional materials to consider suitability for subject and grade level, with an additional requirement that it be reviewed by academic experts. Member David Bradley (R-Beaumont) noted that the legislature provided no guidance regarding the definition of “suitability” and “expert,” though staff pointed out that a definition of expert already exists in agency rule.

The legislature did not allocate any funds for the long-range plan, nor did it appropriate money to increase TEA staffing in the curriculum division, which oversees and supports TEKS review and implementation. The legislature did approve a $5 million rider for data privacy and other items, as well as a $25 million rider to allow districts to access federal matching funds for the E-Rate Infrastructure Program.

Lawmakers passed SB 160, which prohibits the agency from adopting or implementing a performance indicator in any agency monitoring system that solely measure the number or percentage of students who receive special education services. This legislation was passed as a result of an investigative series by the Houston Chronicle that uncovered a de facto cap on special education enrollment.

Finally, the board recommended lawmakers conserve public free schools and prohibit public dollars from going to private schools or parents/guardians. Despite attempts by the Texas Senate to pass a voucher bill, the Texas House stood strong and prevented the passage of any private school voucher legislation. However, Gov. Greg Abbott has announced he will include vouchers on the call for a July special session. Noting that voucher proponents had focused on special needs vouchers during the regular session, Member Marty Rowley (R-Amarillo) asked what a special needs voucher would look like. Staff indicated the governor specifically mentioned HB 1335 by state Rep. Ron Simmons (R-Carrollton).

The board spent the latter half of Tuesday resuming their work on ELAR/SLAR and ELL high school TEKS. On Wednesday, the board is scheduled to discuss the broader TEKS review schedule.

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.

 


 

Did lawmakers make the grade on updating the accountability system?

skd282694sdcDid lawmakers make the grade on updating the accountability system? You be the judge.

House Bill (HB) 22 by Representative Dan Huberty (R-Kingwood) is likely the most broadly impactful piece of education legislation passed this session. It represents a compromise that was crafted by a conference committee of 10 legislators after the House and Senate passed differing versions of the accountability bill. Over the next two years, HB 22 will affect every district, campus, and charter school. Below are questions and answers about how ATPE perceives this latest iteration of the accountability system will work.

Does HB 22 maintain an A-F accountability system?

Yes, despite parents, educators, administrators, board members, students, and a host of other advocacy groups expressing their concerns about moving forward with an A-F accountability system, the Senate, largely at the direction of the Lt Governor, made it clear that no bill eliminating A-F would be allowed to pass.

When does the new bill go into effect?

Having been passed by more than two thirds of each chamber, HB 22 will go into effect as soon as the governor signs it. However, not all portions of the bill are immediately applicable. Most of HB 22’s provisions will first begin to be implemented during the 2017-18 school year, including assignment of district-level A-F ratings.  Campus-level A-F ratings will not be assigned until the 2018-19 school year. However, the commissioner of education will produce a report that will include non-official campus level ratings using 2017-18 data to be turned into the legislature by Jan. 1, 2019.

Is the HB 22 accountability system based on STAAR test scores?

At least in part, yes. To what degree depends largely on how the commissioner writes the administrative rules to implement the new law. HB 22 certainly allows the commissioner to develop a system that is highly dependent on STAAR test data, particularly at the elementary and middle school levels.

What will the new domains be under the state accountability system?

HB 22 calls for a system with three state-level domains, down from five.  The domains include the following:

Student Achievement This domain includes students’ absolute performance on the STAAR test. For high schools, it also includes the following other factors: TSI, AP, and IB tests; completion of dual credit courses; military enlistment; earning an industry certification; being accepted into certain post-secondary industry certification programs; successful completion of a college prep course under TEC 28.014; “successfully [meeting] standards on a composite of indicators that through research indicates the student ’s preparation to enroll and succeed, without remediation, in an entry-level general education course for a baccalaureate degree or associate degree;” graduation rates; successful completion of an OnRamps™ dual enrollment course; and award of an associate’s degree.
School Progress This domain includes student growth as measured by the percentage of students who met the standard for improvement on the STAAR test and an evaluation of performance as compared to similar districts or campuses. It is unclear whether the “performance” being compared is exclusively STAAR performance or if it will be broader.
Closing the Gaps This domain measures the differences for various categories of sub-populations such as racial, socioeconomic, special education, low mobility, and high mobility students. The bill does not specify which differentiated data is too be used for this purpose. Will it be only STAAR data, or will other data be used as well? The statute is also silent on how the sub-populations will be compared. For example, will gaps be compared to similar districts, or will they be compared within individual districts over time to determine if the gaps are closing, widening, or staying about the same?

Note: there is nothing in the statute as changed by HB 22 that would preclude the commissioner from creating a state-level accountability system that evaluates elementary and middle school campuses entirely on different manipulations of STAAR data.

What is a local accountability system?

Under HB 22, a district may create locally developed accountability domains and may use those domains in addition to the domains required by TEA to award district and campus accountability ratings, including overall ratings. Local domains must be assigned an A-F rating, must be valid and reliable, and must be capable of being audited by a third party. The commissioner of education will write administrative rules on the use of local accountability plans, and TEA will have authority to review and approve those plans.

Districts choosing to use a local accountability system are responsible for producing district and campus report cards locally.

How will the summative or overall grade be calculated under the new accountability system?

Each of the three state-level domains will receive a letter grade. At least 30 percent of the summative grade must be based on domain three (Closing the Gaps). The better of the two grades for domain one (Student Achievement) and domain two (School Performance, a/k/a student growth) will make up the remaining calculation for the summative grade, up to 70%. There is an exception, however, if a district or campus receives an F grade on either domain one or domain two; in that case, the highest grade it can receive for that part of the calculation is a B.

In case it’s not immediately clear, much will depend on the commissioner’s rules to implement HB 22. If the commissioner goes with a breakdown of 30% and 70% as contemplated above, the effect will be that a higher grade in domain three can never bring a district’s or campus’ summative grade up a letter; by contrast, a lower grade in domain three would always bring a district’s or campus’ summative grade down a letter. #AintMathFun

If that’s not already complex enough, here is where it gets really tricky. If one or more districts choose to develop one or more local domains to add to their accountability system, the commissioner can, but does not have to, write rules that would allow for up to half of the overall performance rating for that district or campus to be based on the ratings of the local domain(s). That is unless the campus or district would receive a D or an F on the overall performance rating using only the state level domains. The statute is not really clear what overall performance rating the district or campus would receive under that scenario.

How do A-F ratings relate to acceptable and unacceptable performance?

There are several laws in the Texas Education Code that continue to reference either “acceptable” or “unacceptable” performance as triggers for various actions to occur. As opposed to changing all of those references throughout state law, legislators simply benchmarked the new A-F labels to the existing terms.

When A-F was first rolled out, the cut point between acceptable and unacceptable was between grades C and D. In the current accountability system as it exists prior to HB 22, improvement required (IR) constitutes unacceptable performance. IR correlates to an F, not a D, under the A-F system. Because of this, setting unacceptable performance at a D under the new system would represent an expansion of what the state considers unacceptable performance. This would result in spreading state resources for turning around struggling schools among a larger group of campuses and districts, which would take the focus off those with the greatest need for intervention. HB 22 has resolved this issue by resetting the unacceptable cut point at the F rating.

The new A-F labels will coordinate with previous labels as follows:

Acceptable level of performance

A

Exemplary Met Standard
Acceptable level of performance

B

Recognized Met Standard
Acceptable level of performance

C

Acceptable Met Standard
Acceptable level of performance

D

Needs Improvement* Met Standard
Unacceptable level of performance

F

Unacceptable Improvement Required

* This is a new label created by HB 22 that does not correspond to an older system.

What is the difference between a D and F grade under HB 22?

Before HB 22, there was little to no differentiation between getting a D or an F in terms of consequences. Under HB 22, getting a D will no longer trigger the immediate accountability sanctions associated with an unacceptable level of performance. However, there are some requirements attached to this next to lowest ranking.

Year 1 of a D rating in either a single domain or overall The Commissioner shall instruct the district’s board of trustees to develop a local district or campus improvement plan.
Years 2 and beyond with a D rating overall The Commissioner shall implement interventions and sanctions that apply to an unacceptable campus until the district or campus is ranked C or higher on the overall rating.
Years 2 and beyond with better than a D rating overall but a D rating in a single domain The Commissioner shall instruct the district’s board of trustees to develop a local district or campus improvement plan.


How will stakeholders be involved under the new law?

Through multiple, sometimes broad grants of rulemaking authority, the Commissioner has been given a massive amount of latitude in structuring how the new accountability system under HB 22 will actually work. Thanks to amendment language requested by ATPE, this authority will be balanced at least to some degree by a statutory requirement to involve a stakeholder group in those decisions. HB 22 requires that the group must include  school board members, administrators and teachers employed by school districts, parents of students enrolled in school districts, and other interested stakeholders.

 

Additional changes made by HB 22:

Public education grants and mandatory access to transfers

A student at a campus that receives an unacceptable rating in both the student achievement and school progress domains must be allowed to transfer to another campus in the district and will be eligible for public education grant (PEG) funding.

Extra- and co-curricular indicator study

The commissioner shall study the feasibility of including an indicator that accounts for extracurricular and co-curricular student activity. By the year 2022, the commissioner shall either incorporate the indicator into the accountability system or present a feasibility report to the legislature.

Adopting indicators and setting cut scores

The commissioner may adopt indicators for the accountability system or standards (cut scores) at any point during the school year prior to evaluation of the district or campus. In setting the cut score for all indicators yearly, the commissioner shall consult with educators, parents, and business and industry representatives. The standards are to be modified in a way that promotes continuous improvement in student achievement and closing education gaps.

Reporting

Each school year, the commissioner shall provide each school district a document in a simple, accessible format that explains the accountability performance measures, methods, and procedures.

Thanks to language requested by ATPE, the commissioner, in consultation with stakeholders, must also develop language for each domain that clearly describes the district and campus performance on the indicators used to determine those assigned performance ratings.

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!

Teach the Vote’s Week in Review: May 19, 2017

A recap of the week’s education-related news from ATPE Governmental Relations:

 


This week in the Texas capital we witnessed a tug-of-war between the state’s top legislative leaders as the end of the 85th legislative session looms.

Tomorrow, May 20, is the last day for Senate bills to make it out of House committees, and Lt. Gov. Dan Patrick (R) has been vocal in complaints about his conservative Senate priorities stalling in the more moderate House. At the same time, the Senate has held back on advancing an important sunset bill that would keep several state agencies in operation and has tacked controversial Senate-preferred amendments onto major House bills. A prime example is House Bill (HB) 21, the school finance bill that turned into a private school voucher measure when it came out of a Senate committee last week. That bill is slated for a Senate floor debate this weekend, and ATPE members are being urged to contact their lawmakers about the need to pass school finance reforms without vouchers.

Dollar banknotes heapThe impasse between the two chambers means that we’ve yet to see any details of a potential compromise on the state budget. That bill, Senate Bill (SB) 1, remains pending in a conference committee.

Earlier this week, Gov. Greg Abbott (R) told reporters that it was imperative for legislators to pass a property tax reform bill and a legislation regulating public bathrooms. Soon thereafter, Speaker of the House Rep. Joe Straus (R-San Antonio) sent a letter to Lt. Gov. Patrick Monday evening identifying a different pair of bills that must be passed this session in order to avoid the need for a special session: the budget, which lawmakers are constitutionally required to pass, and a sunset safety net bill that keeps several state agencies from being forced to shut down. As reported by The Texas Tribune, Straus also used the opportunity in his letter to urge the Senate to act on other House priorities, including some education concerns:

“We certainly understand that some bills that are passed in one chamber will not have the support to move forward in the other,” Straus wrote. “Still, as the House continues to pass priority Senate bills, I respectfully ask that the Senate also consider acting soon on issues that are priorities of the House, including public education, school accountability and testing reform, child protection, mental health, cybersecurity and preserving health insurance for retired teachers.”

In response to the Straus letter, Patrick called a press conference on Wednesday and reiterated that the bathroom bill and property tax bill, SB 2, were top priorities that must be addressed. Patrick indicated that the Senate would take no vote on the sunset bill until the House acted on those two priorities. Threatening a special session, which only the governor has power to call, Patrick added that he would ask for many more of the Senate’s conservative priorities, such as school vouchers, to be added to any such special session call. The lieutenant governor declined to answer any reporters’ questions.

Abbott stated after the press conference that there was no reason lawmakers couldn’t address his priorities during the regular session without the need for calling a special session. Straus issued a statement expressing “optimism” that the two chambers would “produce a reasonable and equitable compromise on the budget,” and noted that the property tax bill, SB 2, was on the House calendar and scheduled for debate. (Since then, SB 2 has experienced a number of delays and challenges, including a point of order that could defeat the bill on a technical rules violation.) While holding out hope for avoiding a special session, Straus also criticized the Senate in his written statement for endangering a school finance fix that would also provide property tax relief for homeowners:

“The House made a sincere effort to start fixing our school finance system, but the Senate is trying to derail that effort at the 11th hour,” Straus wrote in reference to HB 21. “The Senate is demanding that we provide far fewer resources for schools than the House approved and that we begin to subsidize private education – a concept that the members of the House overwhelmingly rejected in early April.”

The Senate has until Wednesday to hear most remaining House bills on second reading. It remains to be seen whether enough common ground will be found to avoid a special session. As we head into the last full week of the regular session, stay tuned to Teach the Vote and be sure to follow us on Twitter for the latest developments.

 


Drugs and MoneyA number of high-profile education bills are on the Senate’s calendar for floor debate. Today’s calendar includes HB 21 by Rep. Dan Huberty (R-Kingwood), the school finance bill referenced above to which the Senate has attached an educational savings account voucher provision and reduced funding for school districts. Also on tap for a likely vote today is Rep. Trent Ashby’s (R-Lufkin) bill dealing with TRS-Care, HB 3976. For more on the measure to change retired educators’ healthcare options, check out this comprehensive blog post from ATPE Lobbyist Monty Exter. Also, check out today’s blog post from ATPE Lobbyist Kate Kuhlmann with the latest on bills acted upon in the Senate this week.

 


Among the many measures still pending near the end of the legislative session are bills dealing with testing and accountability. House Public Education Committee Chairman Dan Huberty (R-Kingwood) has authored HB 22, a bill crafted with educator input aimed at improving the state’s A-F accountability rating system for schools. As approved by the House, the bill would condense the rated domains from five to three and eliminate the overall summative grade, deemed one of the most controversial aspects of the A-F system. This week, the Senate Education Committee heard HB 22, and Chairman Larry Taylor (R-Friendswood) opted to replace the bill’s language with his plan taken from another bill, SB 2051. As substituted, the bill does not provide nearly as much relief, prompting ATPE and other educator groups to voice concerns about it during the Thursday hearing. The committee also heard from Commissioner of Education Mike Morath about the bill. For more on that hearing, check out this blog post from ATPE Lobbyist Kate Kuhlmann, as well as related coverage from The Texas Tribune.

Another high-profile bill being closely watched by the education community is Sen. Kel Seliger’s (R-Amarillo) SB 463. That bill would extend the option for individual graduation committees (IGCs) to help college- and career-ready students unable to pass STAAR tests through 2019. Seliger, who authored the original law creating IGCs in 2015, hoped to make the statute permanent, but some groups that oppose the provision have insisted on a shorter time period. The House Public Education Committee advanced the bill this week, as reported by ATPE Lobbyist Mark Wiggins, but time is running short for the bill to be placed on a calendar for floor debate.

Both the House and Senate education committees will be holding formal meetings today during breaks from the floor action to vote on additional bills.

 


ATPE member Stephanie Stoebe testifies before the House Public Education Committee, May 18, 2017.

ATPE member Stephanie Stoebe testifies before the House Public Education Committee, May 18, 2017.

During a House Public Education Committee hearing on Thursday, Round Rock ATPE member Stephanie Stoebe was among several educators to testify against a bill that would water down educator preparation standards. SB 1278 by Sen. Larry Taylor (R-Friendswood) would prevent educator preparation programs from being held accountable for their candidates’ performance on certain educator certification exams in subjects deemed shortage areas, and the bill also allows individuals with five days’ experience working as a substitute teacher or teacher’s aide to count that work as required field experience rather than student teaching. The bill is being pushed by some of the state’s largest for-profit alternative certification providers.

Stoebe, a former Texas teacher of the year, testified about the importance of having properly trained teachers in classrooms that serve some of our most vulnerable populations. She urged the legislature not to roll back improvements made in rules by the State Board for Educator Certification this year to impose higher standards for educator preparation programs. ATPE also joined with a number of other educator groups in submitting a written statement in joint opposition to SB 1278.

Click here to watch video of the hearing (and view Stoebe’s testimony beginning at 1:26:11 on the archived video file). Also, view more details on the hearing in ATPE Lobbyist Mark Wiggins’s blog post here.

ThinkstockPhotos-487217874_breakingUPDATE: Just this afternoon, the House Public Education Committee held a formal meeting to take votes on some of the bills heard earlier this week. The committee voted against sending SB 1278 to the full House. Those voting against the bill were the committee’s vice-chairman, Rep. Diego Bernal, (D-San Antonio), plus Reps. Joe Deshotel (D-Beaumont), Ken King (R-Canadian), Linda Koop (R-Dallas), and Morgan Meyer (R-Dallas). Chairman Huberty voted for SB 1278, along with Reps. Dwayne Bohac (R-Houston), Lance Gooden (R-Terrell), and Gary VanDeaver (R-New Boston). The committee also voted down a trio of charter school bills: SB 1061, SB 1838, and SB 1883, plus SB 1886 that would have created an Inspector General’s office within the Texas Education Agency. Bills advanced by the committee today were Senate Bills 801, 825, 1177, 1553 (committee substitute), 1659, 2084, and 2141.

 


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

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

 


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

Read more about the settlement here.

 


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

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

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

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

 


 

 

ATPE settles lawsuit over state’s teacher evaluation system

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

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

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

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

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

Teach the Vote’s Week in Review: April 28, 2017

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

 


ATPE lobbyist Monty Exter testifying before the House Public Education Committee, April 27, 2017.

ATPE Lobbyist Monty Exter testifying before the House Public Education Committee, April 27, 2017.

The House Committee on Public Education worked overnight and into the early hours this Friday morning hearing testimony on bills, including some aimed at funding private school voucher programs. Imminent end-of-session deadlines combined with a lengthy, high-profile floor debate this week on sanctuary cities resulted in late night hearings on many education bills. ATPE Lobbyist Mark Wiggins provided a comprehensive blog update on the Thursday proceedings at which the committee voted on 15 bills previously heard and took testimony on 26 additional bills.

Bills heard by the committee overnight included a version of the “Tim Tebow” bill to allow home-schooled students to participate in UIL activities, plus a pair of bills by Rep. Ron Simmons (R-Carrollton) aimed at using public education dollars to help students qualifying for special education receive private education or therapies. ATPE Lobbyist Monty Exter provided testimony on both bills, suggesting alternative ways to help ensure that students with special needs have access to appropriate services while maintaining accountability and the integrity of the public school system.

Wiggins_HPE_4-25-17

ATPE Lobbyist Mark Wiggins testifying before the House Public Education Committee, April 25, 2017.

With end-of-session deadlines looming, the House Public Education Committee packed in hearings of numerous bills this week. ATPE Lobbyist Mark Wiggins reported on the committee’s Tuesday meetings, which included discussions of Districts of Innovation and scheduling the school year, always a controversial subject. The committee also heard HB 1333 by Rep. Jason Isaac (R-Dripping Springs), aimed partially at reducing standardized testing in Texas. For more on the committee’s conversation about testing, read this piece by The Texas Tribune republished here on our blog, which also refers to testimony given by ATPE Lobbyist Monty Exter. ATPE’s Wiggins also testified in support of funding for high-quality pre-K programs during Tuesday’s hearing.

The House Public Education Committee also met briefly on Monday to take votes on additional bills heard earlier this session. As reported by ATPE’s Mark Wiggins, the committee approved bills to eliminate state tests for writing and social studies, allow children of military families to enroll full-time in the state’s virtual school network, and provide mentoring and professional development for new teachers. In a rare move, committee members also voted against a bill dealing with charter school liability and zoning laws.

The committee will meet again Tuesday, May 2, with another lengthy agenda of bills hoping to survive the May 8 deadline for House committees to favorably report out any House bills that may still be eligible for floor debate.

 


Kuhlmann_SenEd_04-27-17

ATPE Lobbyist Kate Kuhlmann testifying before the Senate Education Committee, April 27, 2017.

Over in the Texas Senate, proposals to change the state’s beleaguered “A through F” accountability system were in the spotlight. As ATPE Lobbyist Kate Kuhlmann reported yesterday on our blog, the Senate Education Committee heard bills this week by Chairman Larry Taylor (R-Friendswood) and Sen. Charles Perry (R-Lubbock), both aimed at redesigning the state accountability system to incorporate different indicators and calculations. Testifying on ATPE’s behalf, Kuhlmann urged the committee to consider integrating measures associated with teacher quality into the system but cautioned against the over-reliance on student test score data. Taylor’s SB 2051 and Perry’s SB 1173 were both left pending.

Also testifying before the Senate Education Committee was Commissioner of Education Mike Morath, who used the opportunity to promote the Texas Education Agency’s new Confidential Student Report (CSR). The revamped reporting tool for parents was rolled out by TEA this week. Morath and will soon be linked to a new CSR website with additional resources related to STAAR testing.

Meanwhile, the Texas House is preparing to debate another major bill dealing with A-F on the House floor next week. HB 22 by House Public Education Committee Chairman Dan Huberty (R-Kingwood) was approved by that committee on April 4, and is now scheduled on the House calendar for floor debate on Wednesday, May 3. Stay tuned to Teach the Vote for updates next week.

 


Yesterday, the Texas House approved a gradual phase-out of the business margins or franchise tax that generates revenue for public education. HB 28 by Rep. Dennis Bonnen (R-Angleton) passed the House on a 96-39 vote mostly along party lines. The bill would target the unpopular business tax for gradual elimination starting in 2019. For more on the bill, read this week’s coverage by The Texas Tribune. The measure will head next to the Senate for consideration, but even if it passes, it has no direct bearing on the budget currently being considered by the legislature the next two years.

17_web_Spotlight_AdvocacyCentral_1A conference committee appointed by both chambers to iron out differences in the House and Senate budget plans for SB 1 began its meetings earlier this week. ATPE encourages educators to contact members of the conference committee and urge them to send a budget compromise that adequately accommodates public education needs to the full legislature for swift approval. ATPE members can visit Advocacy Central to send messages to their lawmakers.

 


ThinkstockPhotos-481431733Stakeholders in the Teacher Retirement System (TRS) have a few more days left to cast a ballot for one of two open seats on the TRS Board of Trustees. Active members of TRS are invited to vote on a new at-large seat to be appointed by Gov. Greg Abbott based on the three highest vote-earners. Retired TRS members may vote on the at-large position, as well as a retiree position on the board. Voting closes on Friday, May 5, 2017. Learn more on the TRS website here.

 


 

State Board of Education takes up science, language arts TEKS

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

State Board of Education April 2017 meeting.

State Board of Education April 2017 meeting.

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

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

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

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

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

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

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

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

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

A-F fix takes center stage in House Public Education

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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