Tag Archives: special education

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.

17_web_AdvocacyCentral_RotatorImages_ATC_1217-49_StopVouchers

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.

Wiggins_3-20-17_testimony

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!

 

A-F fix takes center stage in House Public Education

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

House Public Education Committee convenes first meeting

HPE02-21-17

The House Public Education Committee met at the Texas State Capitol on Feb. 21, 2017. The committee heard invited testimony only.

The House Public Education Committee held its first meeting of the 2017 legislative session today, Feb. 21. Newly-appointed chair Rep. Dan Huberty (R-Kingwood) began the hearing by appointing state Rep. Ken King (R-Canadian) chair of the Subcommittee on Educator Quality, where he is joined by Rep. Alma Allen (D-Houston) as vice-chair and Reps. Harold Dutton (D-Houston), Morgan Meyer (R-Dallas), and Gary VanDeaver (R-New Boston).

Chairman Huberty kicked off the hearing by noting the committee’s efforts to address school finance during the interim. After the Texas Supreme Court ruled the current system “lawful but awful,” according to Huberty, the committee spent much of 2016 working on fixes under the leadership of then-outgoing Public Education Committee chair Jimmie Don Aycock (R-Killeen) and Appropriations chair John Otto (R-Dayton).

Notably, Huberty vowed the committee would get to work on school finance early, and suggested the topic would be the focus of hearings during the next two to three weeks.

Texas Education Agency (TEA) Commissioner Mike Morath briefed the committee on agency operations and priorities. The agency currently serves roughly 5.3 million students and oversees $56 billion in funds. About 348,000 teachers are employed across 8,685 campuses. Texas boasts an 88 percent high school graduation rate, despite serving a student body that is almost 60 percent economically disadvantaged.

Morath highlighted a brief list of priority initiatives, including an agency “lesson study” initiative – a professional development tool used to develop best approaches to individual Texas Essential Knowledge and Skills (TEKS) components – as well as high-quality pre-kindergarten, math innovation zones, and rolling out the “A through F” accountability system.

Chairman Huberty pressed the commissioner on several areas of recent interest, beginning with informal “caps” on special education enrollment unveiled by a Houston Chronicle investigation. Morath told the chairman the special education performance indicator at issue had “outlived its usefulness.” House Bill 363 filed this session by Huberty would require TEA to cease using the indicator. Morath assured the chair, “If for some reason it doesn’t pass, we’re going to do it anyway.”

Chairman Huberty also asked the commissioner about TEA’s interaction with testing vendor Educational Testing Service (ETS) over faulty STAAR tests. Morath said the agency has imposed financial penalties on ETS. Continuing on the testing subject, Huberty prodded Morath on efforts to shorten the STAAR test as required by Huberty’s House Bill 743 from the 2015 legislative session. Morath indicated the process of creating a shorter test has cost the agency more than anticipated, and teachers may not have been provided adequate practice time with testing changes.

In response to Huberty’s inquiry regarding Districts of Innovation (DOI), Commissioner Morath testified that 105 districts have applied for DOI status thus far. According to the commissioner, the most popular exemptions are from teacher certification requirements, the first day of instruction, and class-size limits.

With regard to charter schools, Morath told the committee the state currently hosts 178 public charter entities, which operate a total of 603 campuses and serve roughly 245,000 students – about five percent of the total student population. A total of 22 entities have had their charters revoked, and seven have been non-renewed.

Chairman Huberty pointed out the state has not reached the charter cap and is not in danger of doing so. Rep. VanDeaver, a former superintendent, noted that in districts forced to pay recapture such as Houston ISD, the state pays more to educate a student in a charter school than in a public school.

Finally, the committee received a briefing from Comal ISD Superintendent Andrew Kim, who chaired the Texas Commission on Next Generation Assessments and Accountability. The 15-member commission was convened as a result of House Bill 2804 in 2015, and delivered a report to the legislature in August 2016, which included nine final recommendations for new systems of student assessment and public school accountability. You can read the commission’s full report here.

Chairman Huberty concluded today’s hearing by announcing that the committee will begin school finance discussions at the next meeting. The committee will hear from school districts when it meets again next Tuesday, and school finance bills will be posted for hearing the following week. Once those bills are voted out, Huberty said the committee will take up accountability issues, including A through F.

Dan_Huberty_HD127_2016pic

Rep. Dan Huberty

Related: House Public Education Committee Chairman Rep. Dan Huberty will be one of our legislative panelists for ATPE at the Capitol, our upcoming political involvement training event exclusively for ATPE members on March 5, 2017.

 

ESAs: A bad deal for students in need

NO VOUCHERSEarlier this month, I participated in a debate on the political TV show Capital Tonight about school vouchers. Hosted by Karina Kling and featuring opposing guest Randan Steinhauser, who heads the pro-voucher group Texans for Education Opportunity, the show focused specifically on the topic of education savings accounts (ESAs). During the show I touched on the problem ESAs pose to students with special education needs. Unfortunately there is no way to fully respond to such a complex issue in a 30-second response, so let’s take a closer look here on our blog.

How exactly do ESAs work?

An education savings account is literally a bank account set up for an individual student into which the state puts money for a parent to purchase private education services. The amount of money that goes into the account is a percentage of the state’s average per-pupil expenditure based on state and local funds. The base number does not account for federal dollars or charitable dollars. Additionally, the base number does not account for student weights, meaning it does not reflect what the student accepting the voucher would have actually been entitled to under the public school formulas. While there is no bill language yet filed, the numbers that have been most talked about by proponents of the voucher suggest that a Texas ESA would entitle a student who is neither a special education student nor on free or reduced lunch 70% of the statewide average per student expenditure. A student who is on free or reduced lunch but not receiving special education services would receive 90% of the statewide average per student expenditure, while students identified as needing special education services would receive 100% of the statewide average per student expenditure under ideas being floated.

On the surface, it sounds like special education students come out pretty well under this scenario,. But the truth is that students in every category of students would get far less funding than they would if they attended a public school.

At only 70 percent, it’s easy to see that the student who isn’t entitled to either a free or reduced lunch or special education services is getting a significant reduction in what they would receive under the public school formulas (an amount that is already in the bottom 10% of per pupil expenditures nationwide). However, students who are entitled to the free or reduced lunch program or special education services would also be getting significantly less under this proposal, perhaps even to a greater degree than their peers entitled to 70% – here’s how. The combined effect of student weights, federal funding, charitable funding, and federal special education law creates a scenario where students on free and reduced lunch and students identified as needing special education services draw down far more individual funding through the public system than the statewide average per pupil expenditure that would be used to calculate an ESA.

For students receiving a free or reduced lunch, in addition to only receiving 90% of what is an already underfunded average, they would also lose the benefit of the compensatory education weight. Additionally and perhaps more importantly, they likewise lose the effect of federal Title I funding. Federal funding, which is not included in calculating the statewide average per pupil expenditure, makes up about 10% of the total education funding in Texas, which may not sound like much on a per pupil basis. However, federal dollars are not distributed evenly to all students; rather, they are highly concentrated on children of poverty. Additional, there are federal provisions that preclude the state from using federal dollars to supplant state dollars.

The result is that schools serving kids on the free and reduced lunch program, children of poverty, are getting significant federal dollars in addition to state and local dollars to spend educating those children. We have made these expenditure choices as a society because research very clearly shows that these kids need additional programs, which cost additional dollars, in order to successfully receive a quality education. ESAs, and vouchers in general, do not account for this funding, and children on an ESA voucher would simply lose this funding.

The loss for children receiving special education services is potentially even more dramatic. Kids who have been identified as needing special education services can have some of the highest student weights – as much as 500 percent of what the average student in a Texas school district receives. But it is the effect of federal law with regard to special education students and the loss of those rights under an ESA voucher program that is potentially the most troubling issue. Both the courts and federal statute require public schools to provide students identified as needing special education services a free and appropriate public education. Essentially what that mandate boils down to is a requirement that districts spend whatever is necessary to provide the services these children need to be able to learn. This spending requirement is really separate from the amount of funding districts receive for these students. In fact, most districts currently spend substantially more on special education services than the amount of money they receive from the state funding formulas to provide those services, despite the current special education weights. All of that is to say that special education students frequently have far more than 100% of the statewide average per pupil funding through the public school system under current law, which is clearly more than they would receive under an ESA voucher.

A bad choice can be worse than no choice.

The ESA voucher proponent I was debating on the show pointed out that an ESA is a school choice option and that parents who don’t believe it’s the better choice for their student don’t have to take it. While that is strictly speaking true, it’s a choice with some harsh consequences that many parents may not fully realize until it’s too late. Two universal features of ESA legislation have been the requirement to waive your rights under the federal Individuals with Disabilities Education Act (IDEA) and your right to attend a public school during the year in which you receive ESA funds. What this means for all voucher recipients is that if they take a voucher and then find that what they can buy with it doesn’t in fact meet their needs they will have to sit out of the public school system for an entire year, potentially a real and permanent setback in a child’s education. This is of particular concern in the context of special education. The ESA program allows parents to purchase piecemeal services, which are often very expensive, much more than the average per pupil expenditure. Unlike the public education system that is required to provide a comprehensive program of general education and special education/therapeutic services for an entire school year regardless of overall individual cost, if a parent spends all their ESA funding on ad hoc therapeutic expenses, they will not receive additional state dollars or logistical/administrative assistance to provide for the academic component of their child’s education or even continued therapeutic services should they run out of funding before the next school year.

There are some genuine areas of needed improvement in the delivery of special education services and identification of students with special needs, but dramatically underfunding these or any, students through an ESA voucher program and encouraging parents to relieve their sometimes justified frustrations by giving up their child’s legal right to a free and appropriate education and simply going it alone is not the answer.

Related: If you live in the Austin viewing area and subscribe to TWC-Spectrum cable, you can watch a rebroadcast of this episode of Capital Tonight on Dec. 19, 2016. Also, check out ATPE Executive Director Gary Godsey’s recent op-ed article about private school vouchers here.

Guest post: Special education issues facing the 85th legislature

Janna_TCASE_Nov16_cropped

Janna Lilly

by Janna Lilly, Director of Govermental Relations
Texas Council of Administrators of Special Education (TCASE)

Special education issues are once again expected to be hot topics in the upcoming Texas Legislative Session including vouchers, special education identification, and (yes, again) cameras.

Vouchers

The lieutenant governor has been very vocal that passing voucher legislation is one of his key priorities. TCASE opposes subsidizing private schools with public funds through vouchers or voucher-like programs such as taxpayer savings plans or scholarship credits. Vouchers are particularly harmful for students with disabilities. Private schools are not required to accept or even appropriately serve students with disabilities. Private schools are not required provide the legal protections mandated by federal and state laws to protect the rights and interests of students with disabilities.

Special education identification

Currently the state’s Performance Based Monitoring Analysis System (PBMAS) gives districts a grade or performance level based on an 8.5 percent standard that has come under recent scrutiny in the media. As a result, at least one bill has already been filed to prohibit the Texas Education Agency (TEA) from evaluating districts based on their percentage of students with disabilities.

TCASE recommends TEA continue to provide districts with identification data in PBMAS, but remove the 8.5 percent standard and the corresponding performance level assignment. This would provide necessary information to the state and districts without the reality or perception of a punitive system.

While there are a multitude of state systems designed to gather data on special education, minimal statewide data systems exist to identify the often extensive interventions provided with general education supports only. TCASE recommends the agency develop further statewide data systems to acknowledge these efforts and identify the potential impact on student growth and achievement.

Cameras

Senate Bill (SB) 507 passed last session requiring cameras in certain special education classrooms. The TEA asked the Texas Attorney General (AG) for clarification on several pieces of the law. The AG issued his opinion strictly interpreting the bill, primarily saying one request means cameras must be installed in all eligible classrooms across the district regardless of the bill’s authors stating their intent was that one request applied to one classroom. The AG told lawmakers they would need to change the bill in the next session if they meant something different from what was passed. Lawmakers are drafting bills expected to address some of the concerns including clarifying that one request triggers a camera in a single classroom versus the entire district. Currently, some districts are installing cameras in single classrooms, while some are reporting installing cameras or equipment in all eligible classrooms. Districts are also reporting significant costs associated with the law’s six-month archiving requirement. Community advocates are expected to want some changes of their own, like expanding venues for disagreement beyond the school board including potentially even the ability to file suit. TCASE believes the bill’s current grievance remedies are sufficient, one request should apply to one classroom, and that next legislative session should appropriate funds to cover this unfunded mandate.

Teach the Vote’s Week in Review: Nov. 18, 2016

Here’s a look at education news highlights from this busy first week of bill filing in Texas:


SBOE logoThe State Board of Education (SBOE) has been meeting this week in Austin. ATPE Lobbyist Mark Wiggins has compiled an update on the board’s actions this week, which covered topics from textbooks to school finance to educator preparation. This was also the last meeting for two members of the board who are stepping down at the end of their terms this year: Martha Dominguez (D) and Thomas Ratliff (R). Read the full SBOE wrap-up here.

 


The Joint Interim Committee to Study TRS Health Benefit Plans released its report to the 85th Legislature yesterday with recommendations for changes to TRS-Care and TRS-ActiveCare to address affordability and long-term viability of the programs. The state’s underfunded health care programs have faced ongoing shortfalls, curtailed in the past by a series of supplemental two-year appropriations and short-term measures. Noting the continuing rise in health care costs and the number of annual new retirees, the committee made up of three state senators and three state representatives is recommending major plan changes by the 85th legislature. The proposed changes are not likely to sit well with affected stakeholders. Citing ambiguous “budgetary constraints the state is facing,” the report offers little hope for increased state funding to alleviate the financial burdens that have been placed on active and retired educators, as well as school districts seeking to offer affordable health care benefits to their staffs and their families. But ATPE reminds members that the report is merely a recommendation and that many legislators will be eager to hear from a broad swath of education stakeholders before taking action in the upcoming session. Read more in today’s blog post by ATPE Governmental Relations Director Jennifer Canaday.

 


The Texas Education Agency (TEA) has been conducting a survey regarding state implementation of the Every Student Succeeds Act (ESSA). The online survey is meant to gather public feedback about the new federal law. Today was the last chance to share input with TEA, as the survey is set to close at 5 pm today, Nov. 18. Read more in this blog post from ATPE Lobbyist Kate Kuhlmann.

 


Monday was the first day of bill pre-filing for the 85th Legislature. ATPE’s Governmental Relations Specialist Bria Moore has been tracking the new bills and shared some statistics for today’s blog. According to the Legislative Research Library, 525 bills were filed on the opening day of pre-filing. While the bills pertained to a number of issues, several focused on hot topics in the education realm such as vouchers and addressing educator misconduct.

ThinkstockPhotos-93490246School privatization has been in the spotlight heading into the 2017 legislative session with vouchers being lauded by both Lt. Gov. Dan Patrick (R) and President-Elect Donald Trump (R) as a reform priority. HJR 24 by Rep. Richard Raymond (D) moves to tackle the controversial subject by proposing a constitutional amendment that would prohibit the authorization or funding of a school voucher program in Texas. ATPE opposes the privatization of public schools through such programs and has made fighting vouchers a top legislative priority for the 85th legislative session.

Meanwhile, a handful of legislators are filing bills to deal with educator misconduct cases, which were discussed during the interim. HB 218 by Rep. Tony Dale (R) prohibits educators dismissed from their positions in one school district due to sexual misconduct from being hired at another district. Legislation banning this type of action, sometimes called “Passing the Trash,” is another one of Lt. Gov. Patrick’s top priorities for the 2017 legislative session. HB 333 by Rep. Morgan Meyer (R) extends the criminal penalty for educators engaging in inappropriate relationships with students to those educators lacking certifications, which would cover teachers in charter schools who aren’t necessarily required to be state-certified. Meyer’s bill would amend a section of the Texas Education Code that previously only applied penalties to certified educators.

Other notable bills filed on Monday included HB 77 by Rep. Will Metcalf (R) which is an extension of SB 149 from the 2015 legislative session allowing for alternative paths to graduation. ATPE strongly supported Sen. Kel Seliger’s (R) SB 149 last year, which is set to expire without an extension. We’ll be watching Rep. Metcalf’s bill closely, along with any others that help to reduce the emphasis placed on high-stakes testing – another ATPE legislative priority.

Stay tuned to Teach the Vote and ATPE.org for more coverage of pre-filed bills in the weeks to come.

 


tea-logo-header-2In other TEA news this week, final accountability ratings have been released for the state’s 1,200+ school districts and charters 8,600+ campuses. Preliminary ratings were revealed back in August, as ATPE Lobbyist Monty Exter reported for Teach the Vote. After that announcement, 104 appeals were filed by districts and campuses. The agency granted appeals and changed ratings for nine school districts and 21 campuses. The overwhelming majority of schools received a “met standard” rating. Read more in this Nov. 17 press release from TEA.

Also from TEA, the agency issued correspondence to school administrators this week reminding them of school district responsibilities under the federal Individuals with Disabilities Education Act (IDEA). The letter from Penny Schwinn, TEA’s Deputy Commissioner of Academics, addresses “child find” obligations to identify students potentially in need of special education and consequences for districts that fail to comply. The letter also clarifies IDEA provisions aimed at preventing misidentification and disproportionate representation of students as children with disabilities. The state’s Performance-Based Monitoring Analysis System (PBMAS), under fire recently, is also mentioned in the correspondence along with a reminder that districts should avoid delaying or denying special education referrals in order to complete Response to Intervention (RTI) phases. The agency writes also that it is creating a new unit with the TEA Division of IDEA Support to provide additional support to districts and education service centers, with further details to be provided “at a later date.” Read the complete Nov. 17 letter from TEA here. Also, watch for a guest post with more on these issues next week on the Teach the Vote blog.

 


 

Updates from the Texas Education Agency

Several news reports and announcements came out this week from the Texas Education Agency (TEA). Here’s a rundown:

SPECIAL EDUCATION

The big news concerning TEA this week continues to be the agency’s arbitrary cap on students receiving special education services; a story first reported by the Houston Chronicle’s Brian Rosenthal. In response to attention from the U.S. Department of Education, TEA sent a letter to the department insisting the agency “has never set a cap, limit or policy on the number or percent of students that school districts can, or should, serve in special education.” The agency argued schools had simply misunderstood policy relating to the state’s reporting system for special education services.

“The allegation that the special education representation indicator is designed to reduce special education enrollment in order to reduce the amount of money the state has to spend on special education is clearly false,” an agency staffer wrote to federal regulators. “Allegations that TEA issued fines, conducted on-site monitoring visits, required the hiring of consultants, etc. when districts provided special education services to more than 8.5 percent of their students are entirely false.”

“The Education Department will carefully review the state’s response and, after the review is concluded, determine appropriate next steps,” a department spokesperson told the Texas Tribune Wednesday.

The agency has nonetheless vowed to stop enforcing the 8.5 percent “target.” The decision comes after Texas House Speaker Joe Straus (R-San Antonio) wrote TEA Commissioner Mike Morath, expressing the concerns of the Texas House of Representatives over school districts excluding eligible children from special education services in order to comply.

SUPERINTENDENTS ORDERED TO SCHOOL

Superintendents and school board members from eleven districts have been ordered to attend a class on how to fix their problematic schools. The districts include Houston, Dallas and Fort Worth, all of which contained several campuses designated as “improvement required” in the 2016 TEA accountability ratings.

Districts are required to submit turnaround plans for schools that fail to meet minimum standards for two consecutive years. It’s up to the education commissioner whether to approve those plans, and in the event they’re disapproved, the commissioner can replace the entire board or shut down the school.

According to the agency, the eleven districts in question submitted plans the commissioner deemed insufficient to fix their problems. The order for district officers to attend a two-day training session marks a clear crackdown, and appears in keeping with Commissioner Morath’s initial promise to get tough on failing schools.

Read more in this article from The Texas Tribune republished on our blog this week.

TITLE I REWARD SCHOOLS

Earlier this week, the agency identified 300 “Title I Reward Schools” as part of the conditions for the state’s waiver from the U.S. Department of Education for certain provisions under the Elementary and Secondary Education Act (ESEA), otherwise known as No Child Left Behind. Title I campuses are those which serve at least 40 percent low-income students, and the rewards are broken down by “High-Performing” and “High-Progress” schools.

The agency defines a high-performance reward school as “a Title I school with distinctions based on reading and math performance. In addition, at the high school level, a reward school is a Title I school with the highest graduation rates.” A high-progress school is defined as “a Title I school in the top 25 percent in annual improvement; and/or a school in the top 25 percent of those demonstrating ability to close performance gaps based on system safeguards.”

The distinction is given to both public schools and charter schools. The full 2015-16 list is available here.

ACADEMIC PERFORMANCE REPORTS

skd282694sdc

The agency released preliminary 2015-16 Texas Academic Performance Reports (TAPR) on Thursday. Part of TEA’s statutory reporting responsibility, TAPR “combine academic performance, financial reports, and information about students, staff, and programs for each campus and district in Texas.”

The preliminary statewide numbers indicate 62 percent of STAAR takers in all grades “met or exceeded progress” in all subjects, while 17 percent “exceeded progress.” Students posted a 95.7 percent attendance rate and 2.1 percent high school dropout rate for the 2014-15 school year. The Class of 2015 graduated 89 percent of students, up from 88 percent graduated by the Class of 2014. Roughly 68 percent of 2015 graduates took the SAT or ACT, and scored an average of 1394 and 20.6, respectively. Of students who graduated with the Class of 2014, 57.5 percent enrolled in a Texas institutional of higher education.

Broken down by demographics, Texas’ 5.3 million students are 52.2 percent Hispanic, 28.5 percent White, 12.6 percent African American and 4 percent Asian. A total of 59 percent are economically disadvantaged, 18.5 percent are English language learners (ELL) and 50.1 percent are considered “at risk.”

Texas schools employ around 347,000 teachers, with an average of 10.9 years of experience. The average teacher’s salary is $51.891, with the average beginning teacher earning $45,507 and teachers with more than 20 years earning just over $60,000.

Statewide, regional, district and campus-level reports are available via the TEA website. Districts are allowed to appeal their preliminary ratings, and final ratings are scheduled to be released by December 2, 2016.

Teach the Vote’s Week in Review: Sept. 16, 2016

It was a very busy week in the Texas education policy world. Here are stories you might have missed:


The State Board of Education (SBOE) has been meeting this week in Austin. ATPE Lobbyist Monty Exter and ATPE Political Involvement Coordinator Edwin Ortiz attended the hearings and provided this update.

On Tuesday, Sept. 13, the 15-member board heard public testimony from concerned activists, educators, and elected officials from across the state who are opposed to a controversial new Mexican-American studies textbook. It has been reported that over 100 people signed up to testify against the adoption of the book. The controversial text entitled Mexican American Heritage was developed by a publishing company that is overseen by former SBOE member Cynthia Dunbar. The book has been described by its detractors as racist and full of inaccuracies. Opponents of the book say that it cannot be corrected in its current form and should not be adopted by the board. The SBOE will not make a final decision on accepting or rejecting the book until its November meeting.

SBOE logoOn Wednesday, the board discussed the adoption of a work plan outlining the process to be followed in creating a long-range plan for public education. In April, the board voted to hire the Boston Consulting Group (BCG), a professional facilitator group that’s been working since June to gather input from SBOE members, various professional educator groups, and other stakeholders. The group’s goal is to come up with a design for the development of a new long range plan with the first phase focused on creating a process to be developed by creating a plan. The second phase could actually involve the creation of the long-range plan itself. Representatives from BCG provided the board with the proposed work plan that is to be followed in developing the long-range plan, and SBOE members approved details of the design process. The board voted to have 18 steering committee members taken from various stakeholder groups and the board itself and agreed that the committee should meet monthly for half-day sessions. Who will be part of the committee is still to be decided, but we know that the committee will include five SBOE members and one representative each from the Texas Education Agency (TEA), Texas Workforce Commission, and Texas Higher Education Coordinating Board. Each of the remaining 10 committee members will be picked by one of the 10 remaining SBOE members who are not on the committee. Watch for the SBOE to discuss committee appointments in more detail at the November board meeting.


Texas state senators were in town this week for a full slate of interim hearings that had many Capitol insiders remarking that it felt a lot like a legislative session. ATPE lobbyists were there to provide testimony on a variety of issues and monitor all the discussions, which are an insightful preview for the upcoming legislative session and battles likely to take place over controversial bills. Check out ATPE Lobbyist Kate Kuhlmann’s blog post for more details on this week’s Senate hearings, which are also summarized below.

The Senate Committee on State Affairs took up an interim charge on public employees’ use of payroll deduction for association or union dues and whether the state should prohibit that practice. It’s a rehash of a bill that died last session, and ATPE Governmental Relations Director Jennifer Canaday was on hand to urge senators to focus on real challenges next session rather than non-issues like this one that solve no problems and only serve to hurt the morale of hardworking public employees like teachers, police officers, and firefighters.

Monty_TWC_vouchers_Sept16

ATPE Lobbyist Monty Exter spoke to TWC News following Wednesday’s voucher hearing by the Senate Education Committee.

Also, the Senate Education Committee held two consecutive days of meetings to discuss new voucher proposals, digital learning and broadband access, and implementation of 2015 laws relating to school accountability sanctions; Districts of Innovation (DOI); calculating minimum instructional time in minutes rather than hours or days; and individual graduation committees for high school students who fail certain STAAR tests – a law set to expire unless extended next session. ATPE’s Monty Exter gave testimony on several of those issues.

Duron_CPS_press_Sept16

Superintendent Jodi Duron, flanked by elected officials and education advocates, spoke to reporters during an anti-voucher press conference organized by the Coalition for Public Schools on Monday.

The voucher talks, which took up the most time, were preceded by a press conference that the Coalition for Public Schools (CPS) hosted at the Capitol on Monday. The event was an opportunity for diverse coalition members and several pro-public education lawmakers to shed light on the problems posed by education savings accounts and other voucher proposals being floated by Lt. Gov. Dan Patrick (R) and a number of senators ahead of the legislative session. Among the speakers were Elgin ISD Superintendent and ATPE member Dr. Jodi Duron, CPS Coordinator Dr. Charles Luke, Rev. Andy Stoker representing Pastors for Texas Children, SBOE Vice-Chair Thomas Ratliff (R), and Sens. Jose Menendez (D-San Antonio) and Sylvia Garcia (D-Houston). Read more about the voucher debate in this story from The Texas Tribune‘s Kiah Collier, and check out Monty’s news interviews with KEYE-TV and Time Warner Cable. You may also watch archived video of the Senate Education hearing here.

CPS_press_conf_Sept_16

Pro-public education voices spoke against vouchers at CPS press conference on Sept. 12, 2016.


SBOE and TEA officials hosted a day-long conference on Monday, Sept. 12, centered on the difficulties of educating students in high-poverty schools. ATPE Lobbyists Monty Exter and Kate Kuhlmann attended the event billed as the “Learning Roundtable – Educating the Children of Poverty.” The conference included presentations by researchers and policymakers on educational challenges that have resulted from an increase in the number of economically disadvantaged students here in Texas and elsewhere. Presenters included national experts in such diverse fields as educational equity and neuroscience.

The conference was scheduled as a work session for the SBOE’s Committee of the Full Board. ATPE’s Monty Exter called the roundtable event “an example of the SBOE under the leadership of Chairwoman Donna Bohorich (R) promoting increased cooperation with the commissioner of education and expanding its use of the bully pulpit to further important conversations surrounding Texas public education between policymakers, stakeholders, researchers, and the public.” More than 200 people attended the conference Monday, which was also live-streamed. Exter added, “The biggest takeaway running through many of the day’s presentations was that the barrier to successfully educating these hard-to-teach populations is not a lack of knowing what to do; it’s a lack of doing what we know.”

Archived footage of the educational poverty conference can be viewed here.


By now you’re probably familiar with the 2015 law that requires school districts to place cameras in classrooms serving some students in special education programs. Here on Teach the Vote, we’ve been reporting on the bill and its implementation through rulemaking by the commissioner of education. Earlier this week, Texas Attorney General (AG) Ken Paxton (R) released an AG’s opinion responding to questions from TEA about Senate Bill (SB) 507. ATPE Lobbyist Monty Exter contributed the following report on the opinion.

In answering Education Commissioner Mike Morath’s questions, the AG has interpreted the new law requiring the cameras very broadly. The result is that any school district staff members, whether or not they are connected to an affected classroom (or any classroom at all), may request that the cameras be placed in classrooms in the district. Such a request triggers a requirement that cameras be placed in every eligible classroom in the district as defined by the statute, even if the request only references a single specific classroom. Once installed, the cameras must be maintained and operated in virtual perpetuity in every classroom that continues to meet the definition of a special education setting under the law, regardless of whether or not the person making the request or student benefiting from the request continues to be affiliated with the district.

The implications of this AG’s opinion are dramatically higher costs of a mandate for which the state provided no additional funding to districts when it passed the bill last year. Additionally, the opinion may hamstring a district’s ability to acknowledge and accommodate, where possible, any parents whose strong preference is not to have their children subject to video surveillance in the classroom. The bill’s author, Sen. Eddie Lucio, Jr. (D-Brownsville), and House sponsor, Rep. Senfronia Thompson (D-Houston), both indicated that these interpretations by AG Paxton were not their intent when passing the bill and that they meant for the law to require installation of cameras only in the classroom in which the affected child attends class. Paxton responded by writing in his opinion that letters from the bill’s authors written after the legislature had passed SB 507 would likely be given “little weight” by the courts.

As we reported last month, the commissioner’s rules on cameras in the classroom have already taken effect at this point, but it’s likely that the agency will look at future revisions in light of Paxton’s differing interpretation of what the statute requires. Stay tuned to Teach the Vote for updates on the implementation of this high-profile law.


ThinkstockPhotos-128960266_voteWith so many hot topics being discussed already at the State Capitol, it should be obvious why your votes in the Nov. 8 general election are critical. Electing pro-public education candidates will increase our likelihood of defeating reckless proposals like vouchers that will place even greater financial pressure on our public schools and weaken the overall quality of Texas’s education system. If you are alarmed by the willingness of lawmakers to hand over public tax dollars to unregulated private schools or punish public servants who voluntary choose to join professional associations by taking away their rights to use payroll deduction, then join the education community in making a statement at the polls in the upcoming election. Oct. 11 is the deadline to register to vote in the general election, and early voting begins on Oct. 24. Click here to learn more about the election and to make sure you are registered to vote before it’s too late! 


Teach the Vote’s Week in Review: Aug. 5, 2016

Read highlights of this week’s education news from the ATPE Governmental Relations team:


On Wednesday of this week, the Senate Education Committee convened for an interim hearing on ideas that might evolve into potential changes to the state’s school finance system. The committee has been tasked with studying an interim charge on “performance-based” funding for public schools, as an alternative to attendance-based funding methods and finance formulas that take into account the instructional needs of students. ATPE Lobbyists Monty Exter and Kate Kuhlmann attended the hearing and provided a blog post about it for Teach the Vote this week. Also check out The Texas Observer‘s coverage of the hearing, which includes a quote from Exter and is linked to the blog post from yesterday. The committee has other upcoming interim hearings scheduled to discuss a variety of topics from innovation districts to technology to school choice. Follow our blog and @TeachtheVote on Twitter for the latest developments as interim hearings continue.

 


ThinkstockPhotos-92037734Voters in San Antonio’s House District 120 have selected a new state representative to serve the remainder of the unexpired term of former Rep. Ruth Jones McClendon (D-San Antonio) who resigned earlier this year. Laura Thompson, running as independent candidate in the special election, defeated Lou Miller (D) in the August 2 runoff by a reported margin of just 50 votes. Thompson will only hold the post for a short period of time during the interim. Barbara Gervin-Hawkins (D) won a primary runoff election earlier this year to become the only candidate on the November 2016 general election ballot vying for the seat in a new term that will begin January 2017.

On Saturday, precinct chairs in Harris County will decide who should replace outgoing Rep. Borris Miles (D-Houston) in House District 146. Miles was running for re-election unopposed this fall, but now he has been tapped to replace Sen. Rodney Ellis on the ballot for Senate District 13, which is also an unopposed seat. Ellis is giving up that seat with intent to become a county commissioner, as we’ve reported recently. According to the Harris County Democratic Party, candidates with a verified interest in Miles’s House seat include Erica Lee Carter, Larry Blackmon, Valencia L. Williams, Rashad L. Cave, and Shawn Thierry. We’ll report on the precinct chairs’ decision next week on Teach the Vote.

 


Commissioner of Education Mike Morath released an adopted rule this week for implementation of a 2015 law requiring video surveillance of certain classrooms serving students in special education programs. The final rule as adopted includes some changes made in response to public comments. ATPE Lobbyist Monty Exter provided details on the revisions in a blog post earlier today.

 


ATPE submitted written input this week to the U.S. Department of Education on its proposed accountability rules implementing the Every Student Succeeds Act (ESSA). As ATPE Lobbyist Kate Kuhlmann reported Tuesday on our blog, our comments raised concerns about the department’s proposed requirement for summative performance ratings of schools. As with the controversial “A-F” accountability labels that the Texas legislature has already mandated that our state’s schools receive, we have trepidation about states assigning overly simplistic summative ratings to schools that may not always reflect the many complex factors that contribute to a school’s overall performance. Read Kate’s blog post for more on ATPE’s recommendations for more holistic approaches to accountability ratings in the federal rules.

 


Kuhlmann SBEC testimony Aug 2016The State Board for Educator Certification (SBEC) is holding its regular meeting today and welcoming new gubernatorial appointees to the board as we reported last week. Today’s agenda includes proposed changes to disciplinary rules and the Educators’ Code of Ethics to create mandatory minimum sanctions for educators found in possession of, under the influence of, or testing positive for drugs and alcohol on school property. The board is also voting on changes that have been in the works for many months to increase the rigor of educator preparation and ensure that new teachers enter the classroom well-prepared and with the support of experienced mentors and supervisors. ATPE Lobbyist Kate Kuhlmann is testifying at today’s meeting and will provide an update on the board’s actions.

 


Best of luck to all educators and students heading back to school this month! 

Four children waiting in a row outside the school bus

Final rule for video surveillance of special education classrooms

ThinkstockPhotos-126983249_surveillanceThe Texas Education Agency (TEA) has finalized a Commissioner’s Rule implementing Senate Bill 507 in 19 TAC Chapter 103, Health and Safety, Subchapter DD, Commissioner’s Rules Concerning Video Surveillance of Certain Special Education Settings, §103.1301, Video Surveillance of Certain Special Education Settings. The rule will be published in the August 12, 2016 issue of the Texas Register, and will become effective on August 15, 2016.

As we’ve reported on previously (here, and here, for instance), the 2015 bill by Sen. Eddie Lucio (D-Brownsville) mandated that certain classrooms serving students in special education programs be equipped with video surveillance systems, requiring districts to maintain the video footage on file. The agency worked closely with a diverse stakeholder group, including ATPE, in developing the rule. (Read ATPE’s written comments on the original proposed rule here.)

Stakeholder recommendations resulted in several changes to the regulation, including instances where the rule was made less broad or more specific as to which classrooms and classroom educators will be affected by a request for video surveillance under the new mandate. Examples of these changes were often as simple as changing “a” to “the” in some sentences. For example, in the following section the change of this one word narrowed the scope of the bill from any staff member working in a special education setting to only staff members associated with a classroom where a request for a camera had been made:

§103.1301. (b)(2)
Staff member means a teacher, related service provider, paraprofessional, or educational aide assigned to work in the [a] self-contained classroom or other special education setting. Staff member also includes the principal or an assistant principal of the campus at which the [a] self-contained classroom or other special education setting is located.

The final rule text can be viewed here. The red double underlines in the document represent changes made from the original rule proposal based on public comments received by the agency.

Note: The agency is still waiting for an Attorney General’s opinion related to notice and implementation time-frames that school districts must comply with under the bill.