Tag Archives: privatization

Teach the Vote’s Week in Review: April 7, 2017

It was another big week at the Texas Capitol. Here’s the latest news from ATPE:


The Texas House passed its version of the general state budget bill in the early morning hours of April 7 after nearly 16 hours of lively debate. Senate Bill (SB) 1 provides for appropriations for state needs over the next two fiscal years. It also sends a strong message about attitudes in the House toward private school vouchers.

As approved unanimously by the Senate on March 28, the $106.3 billion bill provided for school enrollment growth and needs of the Foundation School Program, but did little to address the looming funding crisis for TRS-Care or add any additional support for public education to offset cuts from recent years. The House Appropriations Committee, chaired by Rep. John Zerwas (R-Fulshear), substituted its own language into the bill during a March 29 committee hearing, and then the House considered hundreds of additional amendments in yesterday’s floor debate.

Lobbyists at budget debate

ATPE Lobbyists Kate Kuhlmann, Mark Wiggins, and Monty Exter awaited the House’s budget vote Thursday night.

As finally passed, the House’s version of SB 1 creates a $218.2 billion budget, which includes tapping into the state’s Economic Stabilization Fund (rainy day fund) to the tune of $2.5 billion to help address critical needs like an extra $500 million for retired educators’ rising healthcare costs. The final House vote on the bill was 131-16, well above the two-thirds threshold needed for accessing the rainy day funds.

Leading into yesterday’s floor debate, the House Calendars Committee had already adopted a “put and take” rule requiring that any amendment to the budget that proposed spending more money in one area must cut an equal or greater amount of spending from another area of the budget. That rule resulted in several heated arguments among House members as representatives looked to raid each other’s favored programs for funding sources.

Voucher vote boardWithout question, though, the most dramatic votes of the night included multiple votes taken to prohibit the funding of private school vouchers. The House first considered Amendment #8 by Rep. Abel Herrero (D-Corpus Christi) to prohibit the use of certain state funds provided to the Comptroller for private school vouchers. At ATPE’s request, Rep. Gary VanDeaver (R-New Boston) filed Amendment #9, an amendment to Herrero’s amendment, to ensure that the legislature could not spend any public funds on private school vouchers. ATPE supported both of these amendments, which the House passed overwhelmingly. Freshman Rep. Briscoe Cain (R-Deer Park) offered another amendment #10 to try to carve out an exception that would allow the legislature to fund vouchers for low-income families, but the House similarly rejected that measure by tabling the Cain amendment. View the unofficial vote breakdown for these amendments here. ATPE thanks all the legislators who voted to prevent the legislature from wasting taxpayer dollars on unregulated private and home schools and appreciates all the educators who took time to contact their legislators about these important votes.

The House budget votes this week spell disaster for the voucher legislation heavily favored by Lt. Gov. Dan Patrick and Gov. Greg Abbott. The primary voucher bill, SB 3 by Sen. Larry Taylor (R-Friendswood), passed the Senate on March 30 by an 18 to 13 vote. Leaders in the House including House Public Education Committee Chairman Dan Huberty had already expressed doubt that the voucher bill would survive after being sent to the lower chamber. Yesterday’s budget votes punctuate that sentiment, evidencing a clear lack of support for vouchers this session in the Texas House. For more on the significance of yesterday’s voucher-related budget votes, read this article from The Texas Tribune republished on our blog.

 


Earlier this week, the House Public Education Committee heard a number of bills dealing with special education and also approved a bill aimed at improving the state’s much-criticized A-through-F accountability system for school campuses. As ATPE Lobbyist Mark Wiggins reported on our blog, the committee unanimously passed Chairman Dan Huberty’s (R-Kingwood) House Bill 22 on Tuesday.

The committee will meet again on Tuesday, April 11, with a lengthy agenda. Its Subcommittee on Educator Quality will meet Monday, April 10, to consider several bills pertaining to educator preparation and certification. ATPE will be there to weigh in on bills of interest, of course. Stay tuned for more details next week on our Teach the Vote blog.

 


TRS logoThe Teacher Retirement System (TRS) board of trustees also met this week. ATPE Political Involvement Coordinator Edwin Ortiz attended the April 6 meeting and provided this report.

First, TRS investment managers shared news that the overall pension fund is performing considerably well despite economic uncertainty leading up to the 2016 elections. The fund is actuarially sound and has enough money to pay for its retirement benefit obligations until 2048.

The board meeting also addressed cyberattack prevention and defense measures being undertaken by the TRS staff. With cybersecurity threats dominating the news lately, TRS has been taking the necessary steps to secure members’ information by implementing safeguards that would prevent any cyberattackers from gaining access to the TRS system. Hackers are becoming bolder and using every method to gain access to vital information such as Social Security and bank information, but TRS staff along with security vendors are working to keep one step ahead of cyber criminals.

Finally, TRS Executive Director Brian Guthrie provided the board with a legislative update. Mr. Guthrie explained that he and his staff are tracking various bills and working closely with certain legislative offices on specific pieces of legislation that are of concern. One such bill is Senate Bill (SB) 788 by Sen. Joan Huffman (R-Houston) that would reform TRS-Care. The bill sparked some discussion at Thursday’s board meeting because of sweeping changes it proposes, including the elimination of TRS-Care 1, 2, and 3. As it’s currently written, SB 788 would require a high-deductible plan for participants under the age of 65 and a Medicare Advantage plan for anyone eligible for Medicare.  Mr. Guthrie indicated that he would continue to work with the stakeholders to ensure that retirees feel a minimal impact, but agreed that something needed to be done this session because of the increasing healthcare costs.

ATPE members can find additional information about TRS bills being considered this session by logging into Advocacy Central.

 


ATPE Lobbyist Kate Kuhlmann provided a blog update on this week’s work by the Senate Education Committee. Its deliberations included some controversial bills relating to home school students and charter school partnerships. Read more in Kate’s post here.

Also this week, the Senate Committee on State Affairs heard SB 179 by Sen. Jose Menendez (D-San Antonio) to address the growing problem of cyberbullying. ATPE supports the bill, which has been named David’s Law in memory of San Antonio teenager David Molak who tragically took his own life after being cyberbullied. The bill calls for tougher civil and criminal penalties for those who use electronic messaging to urge victims to commit suicide, and provides for prompt response and notifications when school officials learn about cyberbullying incidents.

 


 

Senate Education Committee ramps up work

ThinkstockPhotos-144283240The Texas Senate Education Committee met twice this week for the first time this session, signaling things are picking up in the Texas Legislature. ATPE weighed in on two measures the committee took up this week: a measure termed the “Tim Tebow bill” and a bill pertaining to district partnerships with charters.

Senate Bill (SB) 1882 by Sen. Jose Menendez relates to a school district partnering with a public charter school to operate a district campus and share teachers, facilities, and other educational resources. ATPE shared several concerns with the bill, which included lack of clarity on which entity would serve as the educators’ employer and the fact that a law is not needed to enable districts to form this type of partnership. Another concern was addressed by Senator Menendez in a newer version of the original bill; under the proposed committee substitute, neighborhood schools would still have first access to their neighborhood school regardless of the fact that a charter operator took it over.

Senator Menendez’s comments included his intent to continue working to address the issues expressed by stakeholders, calling for “a community solution.” That includes ATPE’s concern regarding the ambiguity with regard to who would employ educators. ATPE shared that if a district teacher becomes an employee of the charter, it would affect their rights and benefits, as charter employees don’t have the same rights and benefits as traditional public school employees.

The broader issue ATPE has with this bill does not have to do with opposition to locally developed partnerships between high-quality charters and districts, but with the fact that the bill only serves to incentivize this means of focusing attention on a school while not doing the same with others. Many innovative approaches or effective turnaround models, including this one, can be adopted by a board currently and has been done in various districts. This bill, however, would offer an accountability pause when this is used as a turnaround model in unacceptably rated schools and financial incentives when this sort of partnership is developed on any campus. Ultimately, this could serve to lessen the value and utilization of other models or innovative options that might be very well-suited for a particular school or community.

ATPE-Input-on-SB-640-imageThe committee also heard testimony on SB 640 by Sen. Van Taylor, a bill that would allow home-school students to participate in UIL activities, a bill termed the “Tim Tebow bill.” ATPE opposed the legislation, pointing to a number of positions in the ATPE Legislative Program that contrast with the idea of home school students selectively choosing aspects of the public school system in which they want to participate. Home-school parents and students were present to testify in both support and opposition. ATPE’s full testimony can be read here.

The Texas Legislature is picking up speed rapidly. Stay tuned for more from the Senate Education Committee next week!

From The Texas Tribune: Dan Patrick asked for a House vote on school choice. He got it.

Top House education official Dan Huberty has said private school choice is dead in the House. Representatives showed they overwhelmingly support that sentiment, in a 103-44 budget amendment vote.
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Lt. Gov. Dan Patrick speaks during a rally at the Capitol for school choice January 24, 2017. Both Gov. Greg Abbott and Patrick spoke in favor of expanding school choice options. Students, educators, activists and parents marched on the south lawn to show their support for expanding school choice options during National School Choice Week. Photo by Laura Skelding for The Texas Tribune

Lt. Gov. Dan Patrick has challenged the House to at least take a vote on the Senate’s “private school choice” bill, one of his priorities for the Texas legislative session.

Early on during Thursday’s marathon budget discussion, House representatives showed him that vote would probably emerge as an overwhelming “no.”

They voted 103-44 to prevent state money from being spent to subsidize private school tuition, in an amendment to the Senate budget. In offering the amendment, with support from state Rep. Gary VanDeaver, R-New Boston, Rep. Abel Herrero, D-Robstown, said it was “in support of our public schools and our neighborhood schools.”

The amendment is not the last word. The House and Senate will need to reconcile their budgets before sending a final version to the governor for approval. And separate legislation that would create a public subsidy for private education has yet to be heard in the House. Patrick’s office did not immediately return requests for comment on Thursday’s vote.

The House’s vote came a week after the Senate, led by Patrick, voted out Sen. Larry Taylor‘s Senate Bill 3, which would create two public programs subsidizing private school tuition.

In a statement, Taylor said it was unfortunate that House members didn’t hear the details of SB 3 before Thursday’s vote.

“Our bill saved money, gave more students opportunities to get an education better suited for their specific needs, and left more money in public education as a whole and even in individual schools,” Taylor said in a statement. “I would hope that we would still have an opportunity to have those discussions.”

Rep. Hugh Shine, R-Temple, said no changes to the bill would persuade him to vote for it.

“If we allow vouchers to start in any form or fashion, they can grow and advance and affect our public education,” he said. “What they’re calling ‘choice,’ this voucher situation, is erroneous.”

The floor substitute the Senate approved was dramatically different than the original, intended in part to appease skeptical rural legislators by carving out rural counties from participating in the programs. Rural constituents consistently oppose using public money to subsidize private education because they do not have access to many private schools.

That tactic worked to get the bill through the Senate. But House members demonstrated Thursday that it wouldn’t be as straightforward in the lower chamber.

Rep. Briscoe Cain, R-Deer Park, a “private school choice” supporter, tried to change Herrero’s amendment Thursday to allow subsidies for students with household incomes below a given baseline. He took language from SB 3 indicating that a family of three with an income below $75,078 would be able to use the tuition subsidy programs.

“A lot of opponents of school choice say, ‘This is only for the rich.’ This amendment allows poor families to have a choice,” Cain said. His proposal failed 117-27.

House Public Education Chairman Dan Huberty, R-Houston, has said a private school choice bill would not make it through his committee, drawing criticism from SB 3 supporters. Asked if it was dead to him as an issue, Huberty said, “I believe so, yes.” He voted for the amendment blocking money to the tuition subsidy programs.

“Quote unquote absolutely not,” said Rep. J.D. Sheffield, R-Gatesville, when asked whether the changes to SB 3 carving out his counties from participating would change his vote on the bill. “Just because they sweetened the deal to pull in some people doesn’t mean it’s a good deal.”

In late March, lobbying group Texans for Education Opportunity used an online campaign to generate thousands of letters to 29 state representatives lobbying them to back education savings accounts, one of the subsidy programs in SB 3. Though the group claimed the letters were credible, the letters stirred up suspicion after no representative could find a constituent who remembered adding their name to that correspondence.

Of the 29 representatives targeted in the campaign, 26 voted Thursday to block money from funding “private school choice” programs.

Read related Tribune coverage here:

  • The Senate voted 18-13 Thursday to pass a major private school choice bill, creating two public programs that would subsidize private school tuition.
  • Legislative staffers Tuesday received a one-page report detailing changes to Senate Bill 3, which would exclude rural counties from participating in the private school subsidy programs and limit overall participation.

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2017/04/06/texas-lt-gov-dan-patrick-asked-house-vote-school-choice-he-got-it/.

Texas Tribune mission statement

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

Texas House prepares for lengthy budget debate

Dollar fanThe Texas House of Representatives will debate the budget on Thursday, April 6, which will determine the state’s investment in priorities such as education, healthcare, and infrastructure for the next two years.

The Senate approved its budget bill, Senate Bill (SB) 1 by Sen. Jane Nelson (R-Flower Mound), unanimously on March 28. The House Appropriations committee, chaired by Rep. John Zerwas (R-Fulshear), made a number of changes to the bill that would result in greater funding for public education. Now the full House is set to debate the budget bill tomorrow, and more than 400 floor amendments have been pre-filed for additional consideration.

ATPE has supported the House version of SB 1 over the Senate’s plan. In this bill, we believe the House leadership has demonstrated a stronger commitment to prioritizing the needs of public education, including a willingness to conservatively use the state’s rainy day fund to help address current shortfalls, such as the need for funding retired educators’ healthcare, while still maintaining a healthy balance in that savings account for future needs.

Among the floor amendments likely to be considered tomorrow, ATPE is urging support for amendments that would provide even more funding for TRS-Care and other public education needs. We are also asking legislators to reject any amendments that would divert taxpayer funds for any type of voucher program for unregulated private and home schools. A list of major budget amendments that ATPE supports and opposes can be found here.

The House version of SB 1 was approved unanimously by the bipartisan House Appropriations Committee, but it still faces a long road ahead. ATPE hopes that the House will send a strong message tomorrow by supporting the additional investments in public education and responsible use of the state’s Economic Stabilization Fund.

For updates on the budget debate, be sure to follow the ATPE Governmental Relations team on Twitter:

17_web_Spotlight_AdvocacyCentral_1Related: ATPE members are encouraged to visit Advocacy Central to send their state representatives a message about SB 1 and the funding needs of public education.

Teach the Vote’s Week in Review: March 31, 2017

Wrapping up a full week at the Texas State Capitol, here are stories from ATPE that you might have missed while you were STAAR testing:


Two major pieces of anti-public education legislation hit the Senate floor this week. First, the Senate passed Senate Bill (SB) 13 by Sen. Joan Huffman (R-Houston), an anti-educator bill that prevents school district employees from using payroll deduction for their association dues at no cost to taxpayers. ATPE Governmental Relations Director provided a summary of Wednesday’s debate of the bill on second reading, during which a number of Democratic senators questioned the author’s decision to exempt “first responders” from the punitive bill and tried unsuccessfully to expand that exemption to cover educators, too.

The lively debate highlighted ATPE’s advocacy against the bill before senators voted on party lines to approve the measure, ironically just hours after take time to honor retired teachers visiting the Senate that day. Those voting for the anti-educator SB 13 were Sens. Bettencourt, Birdwell, Buckingham, Burton, Campbell, Creighton, Estes, Hall, Hancock, Huffines, Huffman, Hughes, Kolkhorst, Nelson, Nichols, Perry, Schwertner, Seliger, Larry Taylor, and Van Taylor. Those voting against SB 13 were Sens. Garcia, Hinojosa, Lucio, Menendez, Miles, Rodriguez, Uresti, Watson, West, Whitmire, and Zaffirini.

Portrait of a young man with tape on mouth over colored backgroundThe Senate was back in session yesterday evening to take a final vote on SB 13, again along party lines with 20 Republican senators voting to send SB 13 to the House and 11 Democratic senators voting against the bill. It was another opportunity, though, for some Democrats in the Senate to ask why teachers were being picked on with SB 13 and why business groups in the private sector like NFIB should care about how public employees spend their paychecks. Sen. Eddie Lucio, Jr. called the legislation “a show of disrespect” toward hard-working teachers. Sen. Royce West pointed out the highly partisan motives behind the bill, and Sen. Kirk Watson stated that it was wrong for lawmakers to try to silence certain groups and not others simply because you disagree with their message. Sen. John Whitmire warned his Senate colleagues of the bill’s “intended consequences” of silencing only those politically active groups who are deemed to be working against Senate Republicans’ legislative priorities this session. But Whitmire also warned of some unintended fallout during the next election cycle, observing that many educators do tend to vote in Republican primaries and saying, “You’ve awakened a sleeping giant.”

Thursday’s floor action in the Senate also brought up a high-profile voucher bill, SB 3 by Sen. Larry Taylor (R-Friendswood), which has been deemed on of Lt. Gov. Dan Patrick’s top three priorities this session. The bill’s author presented a brand new version of the bill on the floor, designed to limit the availability of the vouchers to larger urban and suburban counties. The changes were designed to lower the bill’s very high cost and garner support from a few rural Republican senators who had been objecting to SB 3.

The new voucher bill ultimately passed yesterday on an 18 to 13 vote. Sen. Eddie Lucio, Jr. was the lone Democratic senator to vote for the bill. All other Democrats voted against SB 3, joined by Republican Sens. Robert Nichols, Kel Seliger, and Joan Huffman. (Although Huffman voted against the bill, she earlier joined with Republicans in voting to suspend the rules to allow the voucher bill to be heard on the floor.) For more on the voucher bill that passed the Senate and is headed next to the House, read this story from The Texas Tribune republished here on our blog about SB 3.

 


While the Senate was focusing its attention on questionable “priorities” of the lieutenant governor that would harm public education, the House Public Education Committee was attempting to find solutions to real problems, such as improving the state’s malfunctioning school finance system. As ATPE Lobbyist Mark Wiggins reported on our blog, the committee passed Chairman Dan Huberty’s (R-Kingwood) school finance measure, House Bill 21, by a vote of 10 to one on Tuesday. The committee also heard a number of bills relating to charter schools this week and resumed discussion of Huberty’s HB 23 aimed at improving the A-through-F accountability system. Next week, the committee plans to consider bills dealing with health and safety, as well as special education.

The committee’s Subcommittee on Educator Quality also met this week for further discussions of bills dealing with improper relationships between teachers and students. Again, Mark Wiggins has a blog post with details on Monday’s hearing.

 


Stack of $100 billsThe Texas House and Senate continue to take differing approaches on the state budget. As ATPE Lobbyist Monty Exter reports, the full Senate took up Senate Bill 1 (SB1), the Senate’s budget bill, this Tuesday, March 28, for second and third reading. After offering no amendments, the Senate passed SB1 unanimously. The bill was then sent to and received by the house later that day where it was read for the first time on the House floor and referred to the House Appropriations Committee.

House Appropriations took up House Bill 1 (HB1), the House budget, and House Bill 2 (HB2), the House supplemental appropriations bill, on Wednesday, March 29. Chairman Zerwas laid out SB1 in lieu of HB1 and then substituted the language in SB1 with the language in HB1, plus some of the language that was originally in HB2, essentially making SB1 the House Bill with the Senate’s caption. The committee then voted unanimously to send SB1, as substituted, and HB2 to the full House for consideration.

Yesterday, March 30, House Calendars Committee Chairman Todd Hunter adopted a calendar rule on the House floor that impacts SB1, which will be considered by the full House next Thursday, April 6. The rule, which was adopted, does two things. One, it memorializes the House rule requiring a 72-hour layout for any amendment to a general appropriations bill. This means that any amendment to the budget will have to be filed with the House Clerk’s office by 10 a.m. Monday, April 3, or be subject to a challenge. Second, the rule requires that any amendment to the budget that proposes additional spending in one area must cut an equivalent or greater amount of spending from another area of the budget. This means that the overall amount of the budget cannot increase on the House floor without support of the supermajority required to suspend the calendar rule.

Follow @TeachTheVote or individual ATPE lobbyists on Twitter next Thursday for live updates on the budget as they occur from the floor of the Texas House.


tea-logo-header-2The Texas Education Agency (TEA) announced this week the availability of 2016 Snapshot: School District Profiles on its website. The online resource annually compiles characteristics of every school district and charter school in Texas. View the data here.

 


The Senate Education Committee also met yesterday, hearing bills pertaining to virtual schools, special education, and the scheduling of teacher work days. ATPE Lobbyist Kate Kuhlmann provided this blog update with full details on the hearing.

 


 

From The Texas Tribune: Texas Senate passes private school choice bill

Editor’s note: This story has been updated throughout.

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Texas senators spent hours on Thursday questioning how a “private school choice” bill would hold private schools accountable or help students with disabilities before voting to give it final passage, 18-13.

They voted out a floor substitute of Senate Bill 3 that limits the scope of the two public programs proposed to subsidize private school tuition. The version passed by the upper chamber would limit eligibility for the programs to students who have attended a public school for at least a year, prevent incoming kindergarteners from participating and would exclude counties with populations under 285,000 from participating unless 5 percent of registered voters petition the county for access.

The changes seemed directed to appeal to rural legislators with constituents who have fewer options for public schools and to those with concerns about the state costs of a major subsidy program.

“Basically, what we’ve done with this floor substitute is narrow it,” said Senate Education Committee Chairman Larry Taylor, R-Friendswood, author of the bill. “We didn’t add things. We took things away.”

Republican Sens. Kel Seliger of Amarillo, Joan Huffman of Houston and Robert Nichols of Jacksonville voted against the bill along with almost every Democrat. Sen. Eddie Lucio Jr., D-Brownsville, was the lone Democratic vote in favor.

SB 3 would create two public programs subsidizing private school tuition and homeschooling expenses. The first program, education savings accounts, would give parents access to online accounts of public money to pay for private school tuition and other expenses. The current version of the bill would cap the size of an education savings account by family income, so that a family of three making more than about $75,000 could not participate. (The previous version of the bill would have allowed families of any income to participate in the education savings account program.)

The second would be a tax credit scholarship program, letting businesses credit their insurance premium taxes in exchange for donations to approved scholarship organizations. The current version of the bill would cap that program at $25 million in the next fiscal year, instead of $100 million in the previous version.

The current version would also require that 75 percent of funding for each program be dedicated to paying for tuition and the other 25 percent for education expenses, such as tutoring and special education services.

Taylor said the bill in its current form would save $55.3 million by 2022 because under the program, the state would be paying just 75 percent of the cost to educate each public school student who decides to take a tuition subsidy for a private school. Only students already enrolled in public schools would be able to access the program, meaning the state would be paying less for each student who moved from public to private school, he said.

Left-leaning policy organization Center for Public Policy Priorities released its own fiscal analysis on Thursday showing the bill would cost the Texas public school system more than $500 million per year.

“As many senators mentioned today by citing CPPP’s analysis, Senate Bill 3 is still undeniably the wrong solution for Texas kids because it would drain state dollars from already under-funded public schools,” executive director Ann Beeson said in a statement after the vote. “Instead of shifting our tax dollars to private school tuition, the Legislature should remodel our outdated school finance system.”

In calculations for previous versions of the bill, the Legislative Budget Board estimated a cost to the state of between $90 million and $330 million; Taylor did not release the new fiscal note to the Senate before taking up the bill.

Most of the almost four-hour debate revolved around whether private schools would be held to state standards and whether the bill would actually help students with disabilities.

Sen. José Rodríguez, D-El Paso, offered up an amendment to require private schools to be held accountable to the state’s A-F rating system, which will soon be in place for public schools. Taylor argued parents would leave any private school that was not working for them, representing a strong accountability system outside of the state.

“I understand Sen. Taylor saying accountability is with the parents,” Rodriguez said. “But we’re not getting to the core of what people would like to see when it comes to these types of programs.” Taylor rejected his amendment, and it failed 13-18 in a subsequent vote.

Sen. José Menéndez, D-San Antonio, successfully amended the bill to require letters be sent to parents who take the subsidies for private schools, letting them know private schools are not required to serve their students with disabilities under federal law. Taylor agreed to that change.

The bill now goes to the House, where House Public Education Committee Chairman Dan Huberty, R-Houston, has said it will die.

Read more Tribune coverage here:

  • Legislative staffers Tuesday received a one-page report detailing changes to Senate Bill 3, which would exclude rural counties from participating in the private school subsidy programs and limit overall participation.
  • In a 7-3 vote, the Senate Education Committee passed a bill that would create two public programs subsidizing private school tuition and homeschooling expenses.
  • Tuesday’s Senate Education Committee debate on private school subsidies lasted more than seven hours and saw experts on both sides arguing they knew best how to educate black and Latino Texas students.

Disclosure: The Center for Public Policy Priorities has been a financial supporter of The Texas Tribune. A complete list of Tribune donors and sponsors is available here.

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2017/03/30/senate-school-choice-bill/.

Texas Tribune mission statement

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

Senate signals intent to vote on divisive voucher and payroll deduction bills

Two bills staunchly opposed by the education community are likely to be heard by the full Texas Senate as early as Wednesday, March 29. The voucher bill, Senate Bill (SB) 3 by Sen. Larry Taylor (R-Friendswood), and Sen. Joan Huffman’s (R-Houston) SB 13, which would eliminate educators’ rights to use payroll deduction for their association dues, both landed on the Senate’s Intent Calendar this week. Under current Senate rules, three-fifths of the senators present must still vote to allow the bills to be debated.

No Vouchers No SB3SB 3 has been identified as one of Lt. Gov. Dan Patrick’s top three priorities for the 85th Legislature. It creates two forms of private school vouchers: a corporate tax credit for funding scholarships to private schools and an Education Savings Account (ESA) program that gives parents public funds to spend on their children’s home or private schooling expenses. ATPE members have long opposed all forms of vouchers for many reasons, not the least of which is the fact that private and home schools are unregulated and would not have to account for how they spend those public tax dollars.

STOP2The payroll deduction bill, SB 13, is also on the lieutenant governor’s broader list of legislative priorities this session. Often referred to by its backers as a bill dealing with “union dues,” the bill primarily targets educators by taking away their right to deduct voluntary association dues payments from their paychecks. ATPE members make up one of the largest groups of public employees negatively affected by the bill, even though ATPE is not affiliated with any national labor unions, exists only in Texas, supports small business and the right to work, and opposes union-favored tactics such as collective bargaining, strikes, and work stoppages. SB 13 specifically carves out exceptions for police officers, firefighters, and EMS workers who use payroll deduction for their dues to associations and even unions that collectively bargain. Those distinctions between classes of public employees have angered many in the education community and even some lawmakers. Educators and other critics of the bill have also disputed false claims that “taxpayer resources” are being spent on the collection of union or association dues, since there is no evidence of any cost to taxpayers resulting from offering school employees the convenience of payroll deduction that is already used for a host of services, purchases, and donations.

Despite the growing opposition to SB 3 and SB 13, the House’s lack of appetite for wasting time on political battles, and the gaping holes in the logic behind these measures, Gov. Greg Abbott has voiced support for both of these pieces of anti-public education legislation.

Reports surfaced today that backers of the voucher bill are planning to introduce substitute language on the Senate floor that will reduce the bill’s hefty fiscal note and attempt to garner support from some rural Republican senators who have voiced concerns about SB 3. Even if the Senate advances the highly controversial bill, leaders in the House have called the voucher legislation “dead.”

Also today, members of the law enforcement community voiced complaints that the anti-educator SB 13 will similarly harm some members of the law enforcement community, too. On Twitter, an advocacy organization representing police officers said that they had been “publicly misled” about the bill’s impact, noting that it will also prevent thousands of school resource officers from deducting their dues payments:

 

ATPE’s positions on these and other bills are guided by the ATPE Legislative Program adopted by ATPE members every year. ATPE members believe that private school voucher legislation like SB 3 is an irresponsible waste of taxpayer resources. This is particularly true now, when public schools have struggled to recover from massive budget cuts in recent years, state appropriations have lagged, and local taxpayers have been forced to bear an unwieldy share of the funding burden for public education through property taxes while the state’s share of the funding has declined steadily. ATPE has opposed SB 13 and similar bills that would take away educators’ payroll deduction rights, especially when other public employees would continue to enjoy those rights. Allowing educators to deduct their association dues results in no additional cost to taxpayers, and the bills are widely regarded as politically motivated efforts to weaken educator associations and lessen their future influence over other types of education legislation, such as voucher bills.

17_web_Spotlight_AdvocacyCentral_1ATPE encourages educators to contact their senators about both SB 3 and SB 13, urging them to oppose these bills. ATPE members can visit Advocacy Central to find contact information for their lawmakers along with quick and easy tools for communicating with them.

Teach the Vote’s Week in Review: March 24, 2017

It’s time for our weekly wrap-up of education news from ATPE’s Governmental Relations team:


This week the Senate Education Committee approved a sweeping voucher bill that would provide corporate tax credits to help fund private education and allow parents to receive public tax dollars to be used for private or home school expenses. Senate Bill (SB) 3 by Committee Chairman Larry Taylor (R-Friendswood) is one of Lt. Gov. Dan Patrick’s top three priorities for the 85th Legislature to pass.

ATPE Lobbyist Monty Exter testifies before the Senate Education Committee

ATPE Lobbyist Monty Exter testifying

On Tuesday, March 21, the committee spent 10 hours listening to witnesses on both sides of the voucher debate. ATPE Lobbyist Monty Exter testified against SB 3. Read more about the hearing and our testimony in this week’s blog post by ATPE Lobbyist Kate Kuhlmann. The SB 3 hearing had originally been scheduled for the previous week during which many public school educators and students would have been on spring break. Fearing that a larger contingency of pro-public education witnesses would come to the hearing to testify against SB 3, the hearing was postponed to this Tuesday instead.

The Senate Education Committee met again Thursday, March 23, to vote on pending bills, including SB 3. Chairman Taylor shared a new committee substitute version of the bill, which modified the language in an effort to reduce the bill’s massive fiscal note. The new version tightens up qualifications for some providers of education services such as tutoring that could be funded via the bill; removes automatic funding increases for the corporate tax credits, and changes the Education Savings Account (ESA) program to give parents access to an online payment portal instead of a debit card. While the switch to an online portal could make it less likely for parents to use ESA funds for illegitimate purposes, it also creates a potential new hurdle for rural or low-income parents with limited internet access. The committee voted to send the new substitute version of SB 3 to the full Senate by a vote of 7 to 3.

Sens. Kel Seliger (R-Amarillo), Royce West (D-Dallas), and Carlos Uresti (D-San Antonio) voted against SB 3 after expressing concerns about the voucher bill. Sen. West pressed representatives of the Legislative Budget Board for details on the bill’s negative fiscal impact to the state. Sen. Seliger observed that SB 3 would most likely have the largest fiscal note of any bill approved by a Senate committee other than the Finance committee, which hears budget bills. Seliger went on to raise alarms about the lack of accountability provisions for private entities that would benefit from the voucher money and the likelihood that SB 3 would lead to state funds being spent on indoctrinating students through religious institutions.

The only Democrat on the committee who voted for SB 3 was the vice-chairman, Sen. Eddie Lucio, Jr. (D-Brownsville). He was joined by Chairman Taylor and Sens. Van Taylor (R-Plano), Bob Hall (R-Canton), Don Huffines (R-Dallas), Bryan Hughes (R-Mineola), and Paul Bettencourt (R-Houston). Sen. Donna Campbell (R-San Antonio) was not present during the committee’s vote.

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It is not clear whether there are enough votes in the Senate to bring SB 3 up for a floor vote in the near future, which requires three-fifths of senators present to agree to hear the bill. We encourage ATPE members to keep contacting their senators about opposing SB 3 and other bad bills such as the legislation to eliminate educators’ right to use payroll deduction. Find sample messages and other communication tools at Advocacy Central.

Related: Other bills getting a favorable vote from the Senate Education Committee yesterday were SB 579 by Sen. Van Taylor regarding the use of epi-pens in private schools, SB 826 by Chairman Larry Taylor dealing with the sequencing of high school math and English courses, and a committee substitute to SB 490 by Sen. Lucio that requires districts to report the number of school counselors providing counseling services at a campus.

 


While the Senate Education Committee devoted its attention this week almost entirely to the private school voucher bill, the House Public Education Committee and its Subcommittee on Educator Quality heard a number of bills this week dealing with issues such as testing and accountability,  educator misconduct, and improving school finance.

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ATPE Lobbyist Mark Wiggins testifying

First, the subcommittee met on Monday, March 20, to hear bills pertaining to educator misconduct, certification, and the benefits of mentoring for new teachers. ATPE Lobbyist Mark Wiggins testified at the hearing and penned a blog post this week summarizing the discussions. The subcommittee will meet again on Monday, March 27, to hear additional bills on educator misconduct, including SB 7 that has already passed the Senate.

On Tuesday, March 21, the full House Public Education Committee conducted a hearing that was almost as long as the Senate’s voucher hearing, but the House committee discussed some two dozen bills, most relating to state standardized testing and how schools are rated under our accountability system. Chairman Dan Huberty’s (R-Kingwood) House Bill (HB) 22 was the most high-profile bill heard, and ATPE testified for the bill. Check out this blog post from Mark Wiggins for complete details on the hearing, including a list of smaller bills that were voted out favorably.

Next week, the House Public Education Committee is turning its attention to charter schools with a hearing Tuesday, March 28, mostly on bills pertaining to funding, facilities, and authorization of charters. The committee will also hear additional testimony on Chairman Huberty’s school finance reform bill, HB 21, for which a committee substitute is expected to be released next week. Stay tuned to Teach the Vote next week for updates.

 


Save Texas Schools rally 2017Tomorrow, March 25, is the Save Texas Schools rally at the Texas State Capitol. Supporters of public education are encouraged to attend the event that starts at 10 a.m. and will feature appearances by legislators, remarks by Superintendent John Kuhn who also spoke during ATPE at the Capitol, and student performances. Visit savetxschools.org for more information.

 


This week the Senate Finance Committee unanimously approved SB 1, the state budget bill. The full Senate is expected to debate the budget on the floor next Tuesday. For details on the Senate’s proposal for funding state services during the next two years, read this week’s blog post from ATPE Lobbyist Monty Exter.

 


ThinkstockPhotos-455285291_gavelIn national news this week, the Supreme Court of the United States (SCOTUS) issued a landmark ruling in the case of Endrew F. v. Douglas County School District, which focused attention on how school districts must accommodate students with disabilities under federal law. The lawsuit was brought by the family of a student with autism who felt that the public school’s individualized education program (IEP) did not meet the student’s needs and wanted funding for private education instead. At issue was the extent to which an IEP must produce educational benefits for the student in order for the school district to be considered compliant with the law.

The unanimous SCOTUS ruling is expected to spur school districts to do more for students with disabilities, but the decision was also newsworthy because of the fact that it overturns prior lower court rulings, including one 10th Circuit appellate decision written by Justice Neil Gorsuch, now going through U.S. Senate confirmation for a seat on the nation’s highest court.

ATPE will have more on the ruling and what it means for special education programs in public schools next week on our blog.

 


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

 

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

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


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

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

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

 


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

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

 


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

 


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

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

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

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

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

Gary G. Godsey

Gary G. Godsey

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

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

 


In other news this week:

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

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

Donna Bahorich

Donna Bahorich

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

 


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

 

Federal Update: Trump budget proposal, new ESSA guidelines for state plans

President Donald Trump released his 2018 federal budget proposal today, which would cut funding for the U.S. Department of Education (ED) by $9 billion and invest significant dollars into vouchers, charter school expansion, and portability funding. The budget proposal comes a week after Congress voted to scrap Obama-era Every Student Succeeds Act (ESSA) accountability rules and days after ED released its new guidance for states to use while designing their ESSA plans.

President Trump’s 2018 budget proposal

The President’s budget blueprint proposes to cut funding for ED by 13%, reducing its budget from the current level of $68 billion to $59 billion. Cuts to those programs come in various areas affecting both K-12 and higher education funding. Congress will consider the proposal as they negotiate the budget they are tasked with writing.

Dollar banknotes heapThe budget proposal entirely cuts a program aimed at recruiting, supporting, and training educators. That program, which primarily focuses on educators in high-needs schools, totals $2.4 billion. The 1st Century Community Learning Centers program that totals $1.2 billion and provides funding for before-school, after-school, and summer enrichment programs would also be gutted. Other programs seeing significant cuts would include Federal Work-Study, TRIO, and GEAR UP (the latter two both support disadvantaged students in becoming college ready).

“The 2018 Budget places power in the hands of parents and families to choose schools that are best for their children by investing an additional $1.4 billion in school choice programs,” opening lines of the ED section of the blueprint read.

In the case of President Trump’s budget, school choice means charter school expansion, portability funding, and vouchers, and, although no specifics are offered, the $1.4 billion dedicated in 2018 would ramp up to an annual total of $20 billion (a number then candidate Trump touted on the campaign trail) over the course of an unspecified time. The budget also estimates that funding for these projects will hit $100 billion when state and local matching funds are included. Trump campaigned on a plan that would “favor” states with private school choice and charter laws.

Specifically, President Trump’s proposal provides a $168 million increase in funding for charter schools, $250 million that would go toward a new (but undefined) private school choice program, and a $1 billion increase to Title I funding that would all be dedicated to portability within public schools, a term commonly used to refer to the idea of Title I money following the child to the school of their choice (rather than focusing the money on schools with the most need). ATPE wrote a letter to members of Congress in 2015 that touched on portability funding. Title I portability was being considered at the time but didn’t pass.

One thing the budget outlined by the White House doesn’t touch is funding for educating students with disabilities. While the Individuals with Disabilities Education Act (IDEA) remains vastly underfunded, President Trump’s budget maintains its funding level at around $13 billion. IDEA was passed by Congress with the promise to give states 40 percent of the cost required to educate children with disabilities. However, the federal share has fallen significantly short for decades; it now sits around 16 percent.

(I have a little more here on the federal budget process as a whole. The post is from 2015 and also offers a look back at how a budget proposal under President Obama and the Congressional budgeting process compared.)

New ESSA guidance on state plans

A few days before President Trump released his budget proposal, ED released a new guideline document for states to use as they develop their state plans required under ESSA. The guidelines replace a similar document issued by the Obama administration late last year, which was aligned to the accountability rule Congress scrapped last week. The new guidelines align only with what is written in ESSA, since the now obsolete rule has no teeth and ED cannot replace it unless Congress writes a new law that gives the department the new authority.

ThinkstockPhotos-478554066_F gradeUltimately, states have more flexibility with regard to designing their plans. That includes offering summative accountability scores for districts, which ATPE argued against in comments to the Obama administration. Texas enacted an “A through F” grading system for schools last legislative session and there are bills in the current legislature that aim to tweak the system prior to its going into effect next school year. Despite the lack of requirement from the federal government and the fact that several states have abandoned their own versions of the letter grading system, Texas does not seem poised to scrap the “A through F” grading aspect of the law.

States must still submit their ESSA state plans by April 3 for review and by September 18 for approval. The Texas Education Agency has yet to share its ESSA plan.