Tag Archives: Paul Bettencourt

From The Texas Tribune: Will Texas school finance panel tell schools to do more with less? Some members think it’s predetermined

By Aliyya Swaby, The Texas Tribune
March 16, 2018

Justice Scott Brister, chairman of the Commission on Public School Finance, listens to a commission member at the panel’s second meeting Feb. 8, 2018. Photo by Bob Daemmrich for The Texas Tribune.

A state panel responsible for proposing improvements to Texas’ embattled public school finance system is facing criticism from an unexpected source: some of its own members, who say the panel’s hearings seem geared toward a predetermined outcome of making schools do more with their current funding.

Texas school districts have repeatedly sued the state over the past few decades, arguing it hasn’t provided enough money to ensure public school students an adequate education. During the 2017 session, lawmakers failed to make immediate changes to how the state allocates money to public schools — and instead agreed to create a 13-member commission to undertake a longer-term study.

That panel, which includes appointees from House Speaker Joe Straus, Lt. Gov. Dan Patrick, Gov. Greg Abbott and the State Board of Education, has held four hearings since it was assembled in January. Its next hearing is scheduled for Monday.

In those hearings, some commission members argue, presentations by experts have been skewed toward making the case that schools do not necessarily need more money to produce better outcomes for students.

“There’s a steady stream of presenters … trying to convince us that there’s enough money in the system and that adding more will not show results — that districts are essentially spending the money incorrectly,” said State Rep. Diego Bernal, D-San Antonio, one of four members appointed by Straus.

He said the commission has also heard from school leaders with innovative ideas, such as how to keep the best teachers at the most challenging schools and how to use full-day pre-K to get students at an academic baseline early in life.

“Those two things without question cannot be funded or sustained with the current funding levels we have,” Bernal said. “Even the districts that piloted it said they were about to run out of money.”

But the panel’s chair, Scott Brister, disagreed that the hearings were staged for any predetermined outcomes. He said the Texas Education Agency’s staff has worked to bring experts who can provide a framework for how school finance works and what an adequate education looks like.

“You’ve got to figure out what you would like the schools to look like before you figure out whether you need more money or less money or where that money’s going to come from,” said Brister, a former state Supreme Court justice. Appointed to the commission by Abbott, Brister was the sole justice to dissent in a 2005 lawsuit brought by school districts claiming the school finance system was inadequate and inefficient. The court ruled in favor of the districts and forced lawmakers to overhaul the funding system.

“I’m not interested in spending more money and getting no change. What’s the point of that?” Brister said this week. “The Constitution requires school districts to be free and efficient. … Surely it means you don’t waste money on stuff that doesn’t work and doesn’t make a difference. That’s one of our constitutional standards. We have to consider it.”

Over the past decade, the state has decreased its share of public education funding, allowing rising local property taxes to make up the difference. Currently, less than 40 percent of school funding comes from the state, while local property taxes pay for more than half. In 2011, lawmakers cut more than $5 billion from schools to close a budget deficit and never completely restored the money.

Texans will have their first, and potentially only, chance on Monday to publicly address the commission. Texas school leaders and public education advocates are expected to spend several hours, if not the whole day, testifying that they want the state to invest more money in public schools, instead of relying on local property tax revenue, and that they cannot educate students on the budget they have.

“Only after you get past that question [of adequate funding] do you get to talk about how to spend that funding,” said Monty Exter, a lobbyist at the Association of Texas Professional Educators, who plans to testify Monday. Exter said he sees three different groups on the commission: one that wants to increase funding to public schools, another that believes public schools are important but that increasing funding isn’t feasible, and a third that wants to defund public schools.

“My argument is that you haven’t funded us enough to get better outcomes,” said Nicole Conley Johnson, a member of the commission and chief financial officer of Austin ISD.

According to the TEA, Austin’s school district is expected to pay the state $545 million this school year to help subsidize poorer school districts, through a function of the school finance system nicknamed “Robin Hood.” Austin ISD has the highest Robin Hood payment in the state and has gone through several rounds of budget cuts over the last few years.

Johnson, who was appointed to the commission by Straus, agreed that the commission hearings seem to be skewed toward efficiency: “They want more for the same amount of resources.”

During the inaugural commission hearing in January, former Texas Supreme Court Justice Craig Enoch showed members a chart of 2011 student state test scores for school districts mapped against the amount of money those districts spent.

“There is a pattern here, but the pattern is not based on how much money is available,” he said. “In fact, the school district that performs the best is the school district that gets $2,000 less per student than the average funding.”

He suggested the state look into why certain school districts do better with less funding, and why others do worse with more. “Scholars and education experts are divided on the extent to which there is a demonstrable correlation between educational expenditures and the quality of education. The thing that matters is student outcomes,” based on test scores or high school graduation rates, he said.

Johnson and fellow commission member Doug Killian, the superintendent of Pflugerville ISD, pushed back on Enoch’s chart, pointing out the data was outdated and not comprehensive.

Chandra Villanueva, policy analyst at the left-leaning Center for Public Policy Priorities, said the commission should be trying to ask what schools need to educate students, instead of asking what they can do with existing resources. “Let the Legislature decide if they want to raise taxes or shift other priorities in the budget,” she said. “I don’t think the [commission] should prematurely tie their hands.”

The commission will split into three subcommittees to brainstorm recommendations to the Legislature at the end of the year on where the state should get revenue to fund public schools, how it should overhaul existing formulas to allocate funding more equitably, and what it should expect its public school students to achieve. Each subcommittee will get to decide whether and how to include the public in its discussions, according to Brister.

Sen. Paul Bettencourt, a Houston Republican chairing the panel’s revenue subcommittee, said it’s too early to say what those recommendations will look like.

“We’ve been drinking from the fire hose on public policy. I haven’t had any discussions with anybody yet to step back and get out of the line of fire and see where we are now. For me personally, I’m still in listening mode,” he said.

Disclosure: The Association of Texas Professional Educators and the Center for Public Policy Priorities have been financial supporters of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune’s journalism. Find a complete list of them here.

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2018/03/16/school-finance-efficiency/.


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

Why March 6 Matters: Retirement

Early voting is underway NOW for the March 6 Texas primary elections, so we’re taking a look at some of the reasons why it’s so important that educators vote in this election! Today, we’re taking a closer look at your retirement.

Everyone who decides to become an educator enters into a special agreement with the State of Texas. It goes something like this: If you devote your life to preparing our children for the future, Texas promises to be there for you when you retire at the end of a long career of service.

Only that promise is constantly under attack.

Let’s start with some basics. Your retirement is administered by the Teacher Retirement System of Texas (TRS), which oversees the pension trust fund. The state and individual educators each contribute to the fund, and a team of professional staff supervise a diverse investment portfolio that makes up the body of the fund. These full-time agency employees ensure the fund’s health and safety. After paying for the cost of administration and benefits, the money from those investments is plowed right back into the fund.

TRS is structured as a “defined benefit” retirement plan, which means that an individual who pays into the plan is guaranteed a set amount of money each month in retirement that will last for the rest of his or her life. The more common type of retirement plan is a “defined contribution” plan, such as a 401(k). Unlike the promise of a stable monthly pension check upon retirement offered by a defined benefit plan, a defined contribution plan promises merely a set contribution into an employee’s retirement account while the individual is actively working. Investment returns on that account are subject to the whims of the market. The level of retirement that can be provided by those funds at the end of an educator’s career is not guaranteed. Under a defined contribution scenario, there is a real threat that a retired educator may outlive the retirement funds accumulated during his or her career, and end up with nowhere to turn for help — not even Social Security.

You may have noticed that most businesses in the private sector have gone the defined contribution route. The reason is largely because 401(k) plans are cheaper and don’t require dedicated staff to administer. Most are run for a profit by large Wall Street corporations, and advisers often have a financial stake in the investments they recommend. This leaves plenty of opportunities for others to make money, but little guarantee of stable retirement income for the retiree. The defined benefit plan administered by TRS is, by contrast, of great value to retirees, who can rest easier knowing that they will receive a guaranteed income for as long as they are alive.

As with most big pots of public money, the TRS pension fund has unfortunately become the focus of those looking to brag about shrinking government while making a few bucks for their friends.

In 2017, the Texas Senate confirmed Josh McGee as chairman of the Texas Pension Review Board (PRB), which oversees state pension systems including TRS. Prior to being appointed to that position by Gov. Greg Abbott, McGee worked as a professional advocate for converting public pensions to defined contribution plans that would reduce the money guaranteed to retirees, and his position at the helm of PRB naturally raised alarm bells.

Adding to the concern, lawmakers have filed a number of bills in 2017 and in prior legislative sessions that would likewise weaken TRS. State Sen. Paul Bettencourt (R-Houston) – who made headlines recently with his objections to efforts to improve voter turnout among educators – filed a pair of bills last year aimed at converting TRS from a defined benefit plan to a defined contribution plan or a hybrid of the two. Both bills died without a hearing, fortunately, but Lt. Gov. Dan Patrick is keeping the idea alive as part of his interim charges for the Texas Senate to study before the legislature reconvenes in 2019.

Most troubling is recent news from the TRS Board of Trustees that it intends to vote to lower the assumed rate of return for the $147 billion pension fund from 8.0 percent down to 7.25 percent. The decision was based on observations of current market forces, and while fiscally prudent, it radically changes the plan’s outlook on paper. Like all pension plans, the TRS fund must be considered solvent before the legislature or board can consider any potential increases in benefits. With the lower assumed rate of return, TRS will head into the 2019 legislative session needing an additional $1.5 billion for future solvency, and they’ll be asking for that money from lawmakers who frequently are looking to cut spending, not increase it.

Politicians like Sen. Bettencourt frame their attacks on educators’ pensions by claiming the defined benefit structure is too expensive for the state to maintain into the future. In fact, the state’s share of an educator’s pension (at 6.8 percent) is less than half the teacher retirement contribution rate set by the next lowest state that is not paying into Social Security. The truth is that a more conservative assumed rate of return, coupled with a proper contribution rate, will guarantee TRS stays healthy well into the future.

The bottom line: Like public education as a whole, Texas gets a phenomenal bargain for what it spends, but more funding is necessary to fully realize the implicit promise made to educators.

Lawmakers will face tremendous pressure in 2019 from investors and politicians who want to gamble with teachers’ retirement. Unless Texans elect more pro-public education lawmakers and statewide elected officials, the legislature may very well look to your pension as an area to further cut corners. Texas will only keep its promise to educators if lawmakers respect educators’ voices at the polls in this pivotal election year.

Go to the CANDIDATES section of our Teach the Vote website to find out where officeholders and candidates in your area stand on educators’ retirement and other public education issues. Because voting districts in Texas are politically gerrymandered, most elections are decided in the party primary instead of the November general election. That’s why it is so important to vote in the primary election taking place now. Registered voters can cast their ballot in either the Republican or Democratic primary, regardless of how you voted last time.

Early voting in the 2018 primaries runs Tuesday, Feb. 20, through Friday, March 2. Election day is March 6, but there’s no reason to wait. Get out there and use your educator voice by casting your vote TODAY!

Texas teachers are #blowingthewhistle in the best possible way

With enthusiasm growing within the education community for voting in the upcoming primaries, we’ve been reporting here on Teach the Vote about the efforts of some elected officials and special interest groups to try to quell educators’ momentum by questioning the legality of our nonpartisan get out the vote (GOTV) programs. Now it appears that those efforts, which many believe are aimed at voter suppression, are backfiring as educators continue to rally their colleagues to vote later this month.

We’ve recently reported on an attorney general’s opinion issued at the request of Sen. Paul Bettencourt (R-Houston) who objected to GOTV initiatives led by the Texas Educators Vote coalition of which ATPE is a proud member. Texas Attorney General Ken Paxton quickly issued a nonbinding opinion that school districts should not bus staff and students to the polls, because Paxton questioned the educational value of such an activity.

We’ve also watched as the notorious anti-public education group Empower Texans (ET) and its affiliates have used scare tactics to try to shut down GOTV initiatives in schools and political activism by education employees. Late last year, ET, whose wealthy donors have spent millions to fund the campaigns of Paxton, Bettencourt, and other officeholders like Lt. Gov. Dan Patrick, bombarded school districts with open records requests demanding copies of employee emails and other documentation that they hoped would show evidence of illegal activities. When the open records requests apparently yielded no bombshells, Empower Texans resorted to the desperate measure of mailing letters to individual educators around the state inviting them to act as “whistleblowers” and report on colleagues who might be violating the attorney general’s “ruling.” Many of you educators who are readers of Teach the Vote have reported receiving one of these letters from ET’s lead attorney, general counsel Tony McDonald.

The letters that ET has spent huge sums of money to mail to teachers are misleading and unethical. First, the text of the letter mischaracterizes AG Paxton’s nonbinding opinion as a “ruling,” implying that it has the force of law when it is merely an advisory expression of Paxton’s views on the law. The letters also irresponsibly fail to mention that Texas’s whistleblower laws would not provide teachers any legal protection for reports made to an outside entity like ET. ATPE Managing Attorney Paul Tapp points out why the letter from ET’s lawyer is problematic and does not reflect how our state’s whistleblower statutes actually work.

“It’s unfortunate that Mr. McDonald has mischaracterized Texas law in a way that he apparently believes would benefit his organization at the expense of those he claims to care about,” says Tapp. “There would be no ‘whistleblower’ protection for any report to Empower Texas. As an attorney, Mr. McDonald should know that a report of suspected illegal activity is only protected if it is made to the appropriate law enforcement entity.”

It is highly unlikely that ET’s intimidation campaign will reveal any evidence of school administrators and trustees unlawfully using school district resources to campaign for specific candidates, and the Texas Educators Vote coalition has always included in its outreach materials guidance for educators on what types of political activities are and are not allowed in schools. In the meantime, educators are reacting to ET’s continuing attacks on the public school community by turning to social media.

Starting yesterday, educators took to Twitter in droves to share their support for public schools. Incorporating the hashtag #blowingthewhistle and tagging ET in many of their tweets. Teachers and other public education supporters used the social media tool not for ratting out colleagues for talking about the election as ET had hoped, but instead for praising educators who go the extra mile every single day to help students.

ATPE member Cristie Plummer, who teaches at Bastrop Middle School, was one of the educators who shared her own #blowingthewhistle tweet yesterday and was featured in this article by the Austin American-StatesmanATPE Lobbyist Mark Wiggins also tweeted his support for the teachers in his own family by #blowingthewhistle on them via Twitter.

The Twitter backlash from teachers was featured today in a new article from the Texas Tribune about the Texas Educators Vote coalition. Reporter Emma Platoff wrote about how our coalition’s GOTV efforts have rankled ET and Tea Party groups who are also worried about other grassroots movements igniting on social media and encouraging teachers to #blockvote in the Republican Party primary for pro-public education candidates. The #blockvote campaign mentioned in the article is being promoted by the Facebook group known as Texans for Public Education, and not by the nonpartisan Texas Educators Vote coalition. However, both groups share a desire to see higher turnout among educators at the polls this year.

The reaction this week to the ET whistleblower campaign proves, once again, that educators are rising above the baseless threats of the politicians and special interest groups that want to dismantle public education. The billionaires backing candidates and officeholders who refer to hard-working teachers as “educrats” and think that using taxpayer dollars to fund unregulated private schools should be the state’s top education priority are clearly terrified of the potential for high voter turnout in the March 6 primary.

We applaud Texas educators for their classy response to the continuing attacks on their profession. ATPE hopes that our members and their colleagues will keep highlighting the outstanding things happening in our public schools every day and will never weaken their resolve to be active and informed voters in the 2018 primaries and all other Texas elections. Kudos, educators!

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

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

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

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

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

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

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


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

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

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


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

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

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


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

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


Teach the Vote’s Week in Review: Jan. 19, 2018

The snow and ice have melted, and here’s the latest education news from ATPE’s Governmental Relations team:

After federal officials criticized Texas for failing to meet the needs of students with disabilities, the Texas Education Agency (TEA) has released a draft of its plan to take corrective action to improve special education. Gov. Greg Abbott gave the state agency one week to develop the plan after findings of the federal investigation were announced last week. The proposed corrective actions by TEA include hiring additional staff to monitor the identification and evaluation of students who may need special education services and creating professional development opportunities and resources for educators.

Read more about TEA’s plans in this new blog post from ATPE Lobbyist Mark Wiggins.


On Wednesday, Texas Attorney General Ken Paxton issued an advisory opinion about certain get-out-the-vote (GOTV) efforts in public schools. The opinion was requested by Sen. Paul Bettencourt (R-Houston), who has complained about activities promoted by the Texas Educators Vote coalition, of which ATPE is a member, to increase voter turnout among school district employees and eligible students. The senator suggested in his opinion request and related press statements that school district resources, including school buses, were being used to promote  partisan activities in support or opposition of specific candidates. The attorney general wrote in his opinion that using school buses to transport school employees to the polls might run afoul of the Texas constitution, and he also noted that school districts should not use public funds to promote websites that support particular candidates.

ATPE has pointed out in media statements following the release of the opinion that all of the coalition’s GOTV initiatives and website resources, including ATPE’s own TeachtheVote.org website, have been nonpartisan. Read more about the opinion in this week’s blog post.


State grants are being made available to school districts to encourage high school students to enter the teaching field and to prepare future principals for certification. TEA has announced its launch of the “Grow Your Own” and “Principal Preparation” grant programs for the 2018-19 school year. The first of the two programs is a grant that can be used to interest high school students in the teaching profession and to support student teachers, paraprofessionals and classroom aides in their pursuit of certification. The latter grant program is for educators pursuing certification as a principal.

The application deadline for both grants is March 13, and potential applicants may learn more about the grant programs through webinars to be offered by TEA on Feb. 1. For additional information, check out the information on the TEA website here.


The Teacher Retirement System (TRS) announced today a grace period it is offering for retirees or dependents who recently left the TRS-Care program but would like to return. From now through Feb. 28, TRS will allow former participants to re-enroll in TRS-Care if they terminated coverage or dropped a dependent due to the 2018 plan changes.

For additional information on the announcement from TRS, check out today’s blog post from ATPE Lobbyist Monty Exter.


Texas Attorney General questions voter engagement activities in schools

Texas Attorney General Ken Paxton issued a non-binding opinion on Wednesday, Jan. 17, at the request of Sen. Paul Bettencourt (R-Houston) regarding certain school district and third-party activities to encourage and facilitate voting by school employees and students. Sen. Bettencourt filed the request in response to school district activities being encouraged by the Texas Educators Vote (TEV) coalition, of which ATPE is a member.

ATPE was one of several education groups that weighed in on Sen. Bettencourt’s request through formal correspondence to the Attorney General’s Opinion Committee. General Paxton invited stakeholders involved in the coalition effort to submit their input on the request by Jan. 12, 2018; Paxton’s opinion in response to the senator’s request was issued by the morning of the next business day (following a state holiday and closure of most state offices for one additional day on account of this week’s ice storm).

Jennifer Canaday

“ATPE is disappointed that the Office of the Texas Attorney General spent so little time considering the merits of the request and the ancillary materials that it requested,” said Jennifer Canaday, ATPE Governmental Relations Director. The attorney general’s opinion actually makes no reference to the additional information supplied by ATPE and other coalition partners in response to Sen. Bettencourt’s request. “Nevertheless, there is nothing in today’s opinion that warrants a change in our direction. ATPE intends to continue our non-partisan get-out-the-vote efforts and our work with the Texas Educators Vote (TEV) coalition to encourage voter participation within the education community.”

Much of the attorney general’s opinion focuses on questions about the use of school buses to transport students and school district staff to the polls during voting periods. In a press release yesterday, ATPE said that it disagrees with Paxton’s opinion that a court would likely find school-sponsored transportation of employees to polling places unconstitutional. However, both ATPE and the TEV coalition have always deferred to school district leaders to make decisions about any such transportation services.

“We trust that school boards will continue to make prudent decisions on this matter in light of all the legal advice available to them,” Canaday said.

ATPE stands by the information provided to the AG’s office in our correspondence dated Jan. 12, 2018. In that letter, ATPE pointed out a number of facts that had been overlooked or distorted in the senator’s request for an opinion. For instance, the “culture of voting” model resolution that has been promoted by ATPE and other members of the TEV coalition makes no reference whatsoever to political candidates, parties, or ballot measures. As such, ATPE continues to believe that adoption of such a resolution by school boards does not give rise to any potential violations of political advertising restrictions. We also highlighted the fact that ATPE and other member partners of the TEV coalition have worked to ensure that the coalition’s educational materials include guidance about what educators can and cannot do related to elections, including prohibitions on using school district resources for political advertising, which General Paxton similarly cited in his opinion.

Neither the TEV coalition website nor any other website linked to it as an external resource (such as ATPE’s TeachtheVote.org website and the Secretary of State’s Project V.O.T.E.) is used to promote specific candidates or ballot measures. Thus, ATPE maintains that the coalition’s and ATPE’s web-based GOTV resources, much like the Texas Secretary of State’s online voting resources, do not engender any violations of political advertising laws even in the event that a school district or its employees were to spend public funds to promote such Internet resources.

It’s also noteworthy that General Paxton’s opinion makes no mention of Sen. Bettencourt’s complaints about promotion of the TEV Coalition’s “Educator’s Oath to Vote” and about school district initiatives to encourage educators to vote and wear their “I voted” stickers to school. Sen. Bettencourt complained in his request for a legal opinion that such activities amounted to coercion by school administrators. The attorney general’s silence on these topics reinforces ATPE’s position that these types of nonpartisan GOTV activities are well within the legal rights of educators and school district officials and do not run afoul of any existing laws.

ATPE and our coalition partners are committed to emphasizing the importance of voting to the strength and future of our democracy, and we wholeheartedly support the he rights of educators and eligible students to participate in elections. We will continue to provide resources and suggestions to school districts and respect their administrations’ decisions about how to facilitate voter engagement on their campuses for educators and students.

Teach the Vote’s Week in Review: Jan. 12, 2018

Happy Friday! Here’s a look at this week’s education news higlights:

The Texas education community was rocked this week by federal officials announcing that Texas violated laws by failing to provide adequate evaluation of and services to students with disabilities. The findings concluded a lengthy investigation in which federal officials visited Texas schools, interviewed parents and educators, and reviewed documentation about how students with special needs were identified and treated.

One of the issues at the center of the investigation was evidence that the Texas Education Agency (TEA) had either explicitly or tacitly compelled districts to keep the percentage of their students receiving special education services below a cap of 8.5 percent. ATPE supported legislation, Senate Bill 160 by Sen. Jose Rodriguez (D-El Paso), that was passed last year to end the practice.

Gov. Greg Abbott responded to this week’s announcement by directing Texas Education Commissioner Mike Morath to craft a plan within seven days to reform the system and make recommendations for any needed legislative changes. Abbott also angered many educators by stating in a press release that school districts had been at fault. The governor accused school district administrators of a “dereliction of duty,” prompting rebuttals from the Texas Council of Administrators of Special Education and other groups who noted that school district officials had merely been following the instructions and requirements given to them by TEA.

Read more about federal investigation findings in this republished post from The Texas Tribune.


ATPE has issued a response to one state senator’s complaints about efforts to improve voter turnout in school communities. As we reported before the holidays, Sen. Paul Bettencourt (R-Houston) has asked Attorney General Ken Paxton for guidance on whether it is legal for groups like ATPE and the Texas Educators Vote coalition to work with school districts on programs to encourage and make it easier for educators and eligible students to vote. Bettencourt has complained about school boards adopting a coalition-drafted resolution supporting a culture of voting in Texas public schools; school administrators encouraging teachers to vote; and school districts providing transportation to the polls.

Today, ATPE joined other education-related groups who have written to the attorney general in response to Sen. Bettencourt’s misleading claims about our nonpartisan Get Out The Vote (GOTV) efforts. Read the letter from ATPE Governmental Relations Director Jennifer Canaday to Attorney General Paxton here.


In response to changes sought by the federal government, Texas Education Agency (TEA) officials earlier this week submitted a revised plan for state compliance with the Every Student Succeeds Act (ESSA). Learn more about the adjustments proposed by state officials, many of which relate to the state’s accountability system and implementation of state law changes made last legislative session, in this blog post from ATPE Lobbyist Kate Kuhlmann.


The 2018 Texas primary elections are now less than six weeks away, with early voting scheduled to begin on Feb. 20. Have you checked out our candidate profiles here on Teach the Vote? Our profiles of candidates running for the Texas Legislature, State Board of Education, Governor, and Lieutenant Governor include links to campaign websites, notes on significant endorsements made by other groups, legislative incumbents’ voting records, and responses to our candidate survey. If your area candidates have not yet responded to our survey, ask them to participate! For additional information, contact the ATPE Governmental Relations team at government@atpe.org.


A commission created by lawmakers of the 85th Texas Legislature to study the issue of school finance is scheduled to hold its first meeting January 23 in Austin. Tacked onto House Bill (HB) 21 during the August special session, the 13-member commission is tasked with making recommendations for the improvement of the public school finance system, including:

  1. The purpose of the public school finance system and the relationship between state and local funding in that system
  2. The appropriate levels of local maintenance and operations and interest and sinking fund tax effort necessary to implement a public school finance system that complies with the requirements under the Texas Constitution
  3. Policy changes to the public school finance system necessary to adjust for student demographics and the geographic diversity in the state

The commission is composed of members appointed by the governor, speaker of the Texas House, lieutenant governor, and chair of the State Board of Education (SBOE). Board Chair Donna Bahorich (R-Houston) appointed SBOE Member Keven Ellis (R-Lufkin) to serve on the commission. Gov. Greg Abbott (R-Texas) appointed former Texas Supreme Court Justice Scott Brister to chair the commission. The governor also appointed Todd Williams, who serves as education policy advisor to Dallas Mayor Mike Rawlings, former state Rep. Elvira Reyna, and Galena Park ISD teacher and ATPE member Melissa Martin.

Lt. Gov. Dan Patrick (R-Texas) named Senate Education Chair Larry Taylor (R-Friendswood), state Sen. Paul Bettencourt (R-Houston), state Sen. Royce West (D-Dallas), and Pflugerville ISD superintendent Doug Killian. House Speaker Joe Straus (R-San Antonio) appointed House Public Education Committee Chair Dan Huberty (R-Houston), Vice-Chair Diego Bernal (D-San Antonio), Educator Quality Subcommittee Chair Ken King (R-Canadian), and Austin ISD CFO Nicole Conley Johnson.

The commission must report its recommendations by December 31, 2018.



Teach the Vote’s Week in Review: March 17, 2017

Happy St. Patrick’s Day! Here’s a look at this week’s education news from ATPE:

17_web_AdvocacyCentral_RotatorImages_ATC_1217-49_StopVouchersOn Tuesday, March 21, the Senate Education Committee will hear Senate Bill (SB) 3, a voucher bill by the committee’s chairman Sen. Larry Taylor (R-Friendswood). The bill is among the lieutenant governor’s highest priorities to pass this legislative session, and educators are being urged to contact their senators to oppose this bill. ATPE members can use our communication tools at Advocacy Central to quickly message their senators about this bill.

NO VOUCHERSAs reported by ATPE Lobbyist Kate Kuhlmann in a blog post earlier this week, SB 3 has been called a “school voucher on steroids,” because it authorizes both Education Savings Account (ESA) vouchers for parents to spend on their children’s home or private schooling and tax credit scholarships to pay for private schools. To learn more about the dangers of these two programs, check out ATPE Lobbyist Monty Exter’s recent analysis of the bill here.

The Senate Education Committee had originally planned to hear SB 3 this week, but the voucher bill was postponed to next Tuesday. During yesterday’s hearing, the committee instead heard testimony on three bills pertaining to reporting on counselors, the use of epinephrine auto-injectors (epi-pens) in private schools, and the sequencing of high school math and English courses. ATPE supported SB 490 that requires districts to report the number of school counselors providing counseling services at a campus, which is aimed at collecting data on counseling in order to better understand the role counselors play on a campus.


HPE_03-14-17On Tuesday, March 14, the House Public Education Committee heard a number of bills, as reported by ATPE Lobbyist Mark Wiggins in a blog post this week. ATPE weighed in on a number of the bills that included such subjects as curriculum standards, pre-kindergarten programs, and the school start date.

Next week, the committee’s Subcommittee on Educator Quality will meet Monday, March 20, to consider bills pertaining to educator misconduct, certification, and the importance of high-quality mentoring for new teachers. The full committee’s hearing on Tuesday, March 21, will cover two dozen bills, including a number of measures aimed at changing the state’s accountability system. The highest profile bill on that list is House Bill (HB) 22 by the committee’s chairman, Rep. Dan Huberty (R-Kingwood) to modify the controversial “A through F” accountability grading system. The committee also plans to resume its discussion of the chairman’s school finance reform bill, HB 21.


cutting budget with scissor on wooden backgroundAlso this week, Congress got its first formal look at President Trump’s proposal for the next federal budget. As expected, the 2018 budget proposal includes significant cuts to education funding as a whole and significant increases to initiatives preferred by the president. Trump’s plan includes an overall $9 billion in cuts to the U.S. Department of Education while a total of $1.4 billion would be added to fund charter school expansion, Title I funding portability, and likely vouchers. Read more about President Trump’s budget proposal as well as the latest developments involving the Every Student Succeeds Act (ESSA) in ATPE Lobbyist Kate Kuhlmann’s most recent federal update blog post.


As the both chambers of the 85th Legislature continue to work on their respective budget proposals, the full Senate Finance committee met this week to adopt the suggestions of its subject area work groups, including the Article III work group on public and higher education.

The full Senate Finance Committee cut an additional 276 million net dollars in programmatic and grant funding out of the Texas Education Agency (TEA) budget. Those cuts are in addition to programmatic cuts not related to the Foundation School Program (FSP) already found in the Senate’s base budget bill as filed. The largest cuts were a net cut of $140 million from non-formula pre-K funding, $104.6 million out of the Instructional Materials Allotment, and $47.5 million from the New Instructional Facilities Allotment. The cuts to all other programs in TEA’s budget totaled approximately $37 million and included things like substantial cuts to the Math and Reading Academies.

The Senate did add dollars to some TEA programs above its introduced budget. The additions totaled approximately $50 million and included items like $25.2 million for the E-rate program that will draw down a $250 million federal match to provide broadband to school districts currently lacking it; $391,000 on two additional investigators and one support staff member to address cases of inappropriate relationships between educators and students investigated by TEA; and $10 million restored to the Student Success Initiative, which had been zeroed out in the introduced budget.

While TEA program and grant funding took the largest cuts ($276 million) this week, TRS got the biggest boost, a net increase of $290 million over the Senate’s introduced bill after additions and cuts. The Senate added $316 million in funding for TRS-Care contingent on the passage of legislation that makes significant structural changes to the retiree healthcare plans.

Meanwhile, the House adopted very few changes to its version of the proposed public education budget this week, but did adopt one very important contingency rider. That rider would allow an additional $1.47 billion of General Revenue to be appropriated to the FSP; for the Basic Allotment to be increased from $5,140 to $5,350; and for implementation of a statutory FSP payment deferral in fiscal year 2019 which reduces the cost of the budget by $1.87 billion. The rider is contingent on the passage of school finance legislation such as Rep. Dan Huberty’s HB 21 plus a bill that would enact the FSP deferral. ATPE has advocated for such a deferral to help address budget deficits this session.

Gary G. Godsey

Gary G. Godsey

Related: Read a recently published op-ed by ATPE Executive Director Gary Godsey, in which he urges lawmakers to consider using the state’s rainy day fund to address imminent education funding needs.

Also check out this Spectrum News story in which ATPE Lobbyist Monty Exter is interviewed about the Senate’s proposed pre-K cuts.


In other news this week:

The Texas Senate passed another of Lt. Gov. Dan Patrick’s legislative priorities through Senate Bill (SB) 6. The controversial bill by Sen. Lois Kolkhorst (R-Brenham) to regulate bathroom usage policies of school districts and other governmental entities was approved by a vote of 21-10, despite considerable public opposition to the measure.

Among the flurry of new bills filed just before last Friday’s deadline for lawmakers to submit new legislation were two TRS-related bills that have caused a minor stir on social media. Sen. Paul Bettencourt’s (R-Houston) SB 1750 and SB 1751 revive the concept of converting the TRS defined-benefit pension plan in the future to a defined contribution program, more like a 401(k) plan, or a hybrid of the two. The first bill calls only for an interim study of the idea, while the second bill would authorize TRS and ERS (the agency overseeing a similar pension plan for state employees) to create such a program as an alternative for new employees. At this point, there are no indications that SB 1751 will gain traction this session when lawmakers are much more focused on the funding challenges associated with the TRS healthcare programs. ATPE Lobbyist Monty Exter was interviewed about the bill this week by Spectrum News.

Donna Bahorich

Donna Bahorich

The Senate also voted unanimously this week to confirm Donna Bahorich’s continuation as chair of the State Board of Education (SBOE). Bahorich was first elected to the SBOE in 2012, and she has held the role of board chair, a gubernatorial appointment, since 2015. Commissioner of Education Mike Morath was also confirmed.


Are you following ATPE’s Governmental Relations team on Twitter?


Senate committee to hear voucher bills this Thursday

The Senate Education Committee will meet at 8 a.m. this Thursday morning, March 26, and plans to consider a number of private school voucher bills that have been filed this session. The following voucher bills are scheduled to be heard on Thursday:

Senate Bill (SB) 4 by Senate Education Committee Chairman Larry Taylor (R-Friendswood). The bill is co-authored by Sen. Donna Campbell (R-San Antonio) and freshman Sen. Paul Bettencourt (R-Houston). SB 4 is the major school voucher bill being promoted by the Senate leadership, including Lt. Gov. Dan Patrick (R). It provides for both tax credits to educational assistance organizations that pay scholarships for students to attend private schools and also education tuition grants to be awarded to parents of eligible children attending private schools. Eligible students include those entering kindergarten or first grade, those in foster or institutional care, and those in families with household income that is equal to or less than 150 percent of the standard for qualifying for free or reduced lunch. As filed, the bill provides that grants paid to parents and scholarships paid by educational assistance organizations could not exceed 75 percent of the state’s average per-pupil spending. The total tax credits awarded by the state would be capped at $50 million per fiscal year. There is also language in the bill restricting state regulation of participating private schools.

SB 276 by Sen. Campbell would create a “taxpayer savings grant program” that is supposed to result in “state savings and government efficiency.” The bill would create a private school voucher in the traditional sense by offering parents reimbursement of tuition paid for their children to attend private schools. The reimbursements would come out of the state coffers and would amount to the lesser of the actual tuition or 60 percent of the state’s average per-pupil expenditure in the public schools.

SB 642 by Sen. Bettencourt calls for “a franchise or insurance premium tax credit for contributions made to certain educational assistance organizations.” Similar to the organizations included in Chairman Taylor’s SB 4, the “assistance organizations” mentioned in this bill are private entities that would receive tax credits from the state in exchange for providing scholarships for students to attend public or private schools. Bettencourt’s bill was originally referred to the Senate Finance Committee and then transferred to the Senate Education Committee.

SB 1178 filed by another freshman, Sen. Don Huffines (R-Dallas), sets up a voucher program through the use of education savings accounts for students attending private or home schools. Under this bill, the state would give parents access to public funds in a bank account, which could be withdrawn via a debit card and used to pay for private school tuition and fees, private tutoring, or various costs associated with home schooling their children. Participation would be limited with a preference given to educationally disadvantaged students or those with disabilities. Participating students would have to take tests annually and have their results reported to TEA, and the commissioner of education would establish rules to kick students out of the voucher program if they fail to “demonstrate satisfactory academic progress” as determined by the commissioner. The bill imposes some accreditation requirements and restrictions on private school admission policies but largely prohibits the state from attempting to regulate the private schools, tutors, or other providers participating in the voucher program. UPDATE: As of March 25, this bill has been removed from the committee’s agenda for the March 26 hearing.

ATPE will oppose these bills and any efforts to direct taxpayer dollars that are needed for public education to private or home schools. Visit our page called “The Issues” to read more about these and other voucher bills and ATPE’s opposition to privatization in general. To watch live video of the hearing, click here on Thursday or search the same site for archived video shortly after the hearing.