Tag Archives: special education

Why March 6 Matters: Vouchers

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

When it comes to issues facing public education as a whole, privatization remains one of the most existential threats. The endgame of those who are pushing private school vouchers is to defund the public school system in order to hand our kids over to faceless corporations that will crank them out cheaply and pocket the profits.

Think about it: In 2016, Texas spent $24 billion in state funds to educate our kids. Local taxpayers pitched in even more — $28.8 billion on top of that. It sounds like a lot of money, until you consider it was spread between 5.3 million students. That translated to just $11,133 per student, which puts Texas below the national average and among the states with the most miserly per-student spending.

Despite lagging below many other states, the money spent on Texas public schools is nonetheless a tempting target for predatory opportunists who see only dollar signs. Private schools that can ignore state and federal regulations are viewed by many as a cash cow. A warehouse with a skeleton crew of untrained staff could certainly churn out diplomas and graduate kids unprepared for college and careers for a fraction of the price of a quality public education. Pro-voucher legislators could brag about reducing spending while corporate stockholders rake in billions of taxpayer dollars, perfect for spending on fancy yachts and private planes – and campaign contributions to pro-voucher legislators!

Of course, the kids end up the losers in this scenario. And the 85th Texas Legislature witnessed the despicable lengths to which voucher supporters were willing to go to sell our kids down the road.

The legislative session began with fresh data indicating that Texans firmly oppose spending public taxpayer dollars to subsidize private school tuition. Led by Gov. Greg Abbott and Lt. Gov. Dan Patrick, voucher proponents instead focused on a voucher targeting students with special needs as a way to open the door. They also used terms like “education savings accounts” and “tax credit scholarships” to describe their voucher plans in the hope of garnering more support from those who traditionally oppose privatization. Voucher promoters even went as far as mailing fraudulent letters to lawmakers to promote their plan.

As ATPE pointed out, special education vouchers are especially troubling and would not come close to covering the full cost of services for children with special needs. In fact, they would give students far less money than the public school system is currently required to spend on their behalf. More importantly, they would force children with special needs to surrender their federal rights and protections under the Individuals with Disabilities Education Act (IDEA).

Parents of special needs students wisely rejected this cynical attempt to exploit their children for political purposes. With the backing of parents, teachers, ATPE, and the majority of Texans, the Texas House of Representatives led by Speaker Joe Straus stood firmly against each voucher scheme brought forth in 2017. Legislators punctuated their stance with multiple votes on the House floor to reject vouchers.

As payback, Lt. Gov. Patrick killed a bill authored by members of the House that would have provided $1.5 billion in additional funding to benefit all 5.4 million Texas students – signaling how far the lieutenant governor was willing to go to pass a voucher bill against the will of Texas voters.

While voucher supporters were unable to pass a bill in 2017, they have already begun laying the groundwork for a renewed push when the legislature meets again in 2019. Lt. Gov. Patrick has included the issue in his interim charges for Senate committees, and many fear that the Texas Commission on Public School Finance created by House Bill (HB) 21 will become an avenue for privatization proponents to continue their campaign during the interim.

The only reason powerful leaders like Lt. Gov. Patrick and Gov. Abbott were unable to pass a voucher bill in 2017 is because Texas voters elected just enough pro-public education legislators to stop those bills from becoming law. The reality is that unless Texans elect more legislators who promise to actively oppose vouchers, the threat of a voucher bill passing in the future remains high.

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

Remind your colleagues also about the importance of voting in the primary and making informed choices at the polls. Keep in mind that it is illegal to use school district resources to communicate information that supports or opposes specific candidates or ballot measures, but there is no prohibition on sharing nonpartisan resources and general “get out of the vote” reminders about the election.

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

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

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

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

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

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

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

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


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

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

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


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

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

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


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

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


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

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

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

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


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

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


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

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


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

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


TEA releases draft of special education corrective actions

The Texas Education Agency (TEA) released an initial draft plan Thursday in response to an order from the U.S. Department of Education to implement corrective actions to ensure all special education students receive the supports guaranteed under federal law. The federal action comes in response to the denial of special education services to Texas children resulting from a de facto “cap” maintained by the agency, which was uncovered by a Houston Chronicle investigation.

Governor Greg Abbott ordered the initial draft ready by the end of the week, and the full text of the initial draft of the corrective action plan can be viewed on the TEA website. The proposed portions of the most interest to teachers include a professional development component and possible future changes to certification requirements.

Specifically, the plan explains, “TEA will create and execute on statewide professional development for all educators (general education, special education, and others), structured initially as a training institute for teachers around the state, and to include ongoing follow up. The content of this professional development will include elements both for inclusive practices and instructional techniques as well as broader identification and related Child Find practices. The content development will be informed by the perspectives of educators, special education students, and field experts. All participants will be required to demonstrate content proficiency and implementation before being noted as having participated in the full program.”

The section on certification is included in an appendix listing additional measures, which states, “TEA will explore possible changes to teacher certification and credentialing as it relates to requiring a demonstrated proficiency in areas related to special education.”

The initial proposal lays out four main corrective actions:

Corrective Action One

Documentation that the State’s system of general supervision requires that each ISD identifies, locates, and evaluates all children suspected of having a disability who need special education and related services, in accordance with section 612(a)(3) of the IDEA and its implementing regulation at 34 CFR §300.111, and makes FAPE available to all eligible children with disabilities in accordance with section 612(a)(1) of the IDEA and its implementing regulation at 34 CFR §300.101.

Under this section, TEA will hire additional staff to audit schools both on-site and remotely once every three to six years. The new Review and Support Team will have unrestricted access to staff and students, the ability to make scheduled and unannounced campus visits and the ability to conduct confidential interviews. According to the plan, “The purpose will be to have an authentic understanding of the district’s strengths and areas of growth, to make fast corrections and link districts to strong technical support options.” Additionally, TEA will explore incorporating students with disabilities and special education educators as reviewers.

Corrective Action Two

A plan and timeline by which TEA will ensure that each ISD will (i) identify, locate, and evaluate children enrolled in the ISD who should have been referred for an initial evaluation under the IDEA, and (ii) require IEP Teams to consider, on an individual basis, whether additional services are needed for children previously suspected of having a disability who should have been referred for an initial evaluation and were later found eligible for special education and related services under the IDEA, taking into consideration supports and services previously provided to the child.

Here, TEA discusses plans to hire a third-party contractor to conduct outreach. According to the text, “The cost of identifying and conducting assessments for students suspected of having a disability has always been the responsibility of the district, which will continue.” Districts will also be required to provide compensatory services to students found to have needed services who did not receive them. Districts will also be responsible for this cost, though TEA is proposing a five-year, $25 million fund to help some of them.

Corrective Action Three

A plan and timeline by which TEA will provide guidance to ISD staff in the State, including all general and special education teachers, necessary to ensure that ISDs (i) ensure that supports provided to struggling learners in the general education environment through RTI, Section 504, and the State’s dyslexia program are not used to delay or deny a child’s right to an initial evaluation for special education and related services under the IDEA; (ii) are provided information to share with the parents of children suspected of having a disability that describes the differences between RTI, the State dyslexia program, Section 504, and the IDEA, including how and when school staff and parents of children suspected of having a disability may request interventions and/or services under these programs; and (iii) disseminate such information to staff and the parents of children suspected of having a disability enrolled in the ISD’s schools, consistent with 34 CFR §300.503(c) .

Under this section, TEA will contract a vendor to create resource materials intended to explain the applicable laws to parents. This section includes the professional development component mentioned previously.

Corrective Action Four

A plan and timeline by which TEA will monitor ISDs’ implementation of the IDEA requirements described above when struggling learners suspected of having a disability and needing special education and related services under the IDEA are receiving services and supports through RTI, Section 504, and the State’s dyslexia program.

Here, TEA discusses the creation of a Special Education Escalation Team to offer technical assistance and intensive monitoring. The team will initially focus on districts with the highest self-reported ratio of missed identifications, then serve as an escalation pathway for the Review and Support Team.

The plan also lists the following actions in addition to the plan’s four core components:

  • Given TEA’s prior actions to expand its special education support team by 39 FTEs statewide, TEA will begin staff training across the agency so that all TEA staff provide consistent responses to stakeholders. These trainings will occur quarterly.
  • TEA will explore possible changes to teacher certification and credentialing as it relates to requiring a demonstrated proficiency in areas related to special education.
  • TEA is restructuring grant agreements with Educational Service Centers (ESCs) to be outcomes-oriented. Further, as part of the grant requirements, there will be close document review and approval of all ESC materials to ensure guidance in the field remains clear.
  • TEA is moving forward with the posting and hiring of a Special Education Director.

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

From The Texas Tribune: Feds say Texas illegally failed to educate students with disabilities

  • by Aliyya Swaby, The Texas Tribune
  • Jan. 11, 2018

Vanessa Tijerina addresses the panel about her 13-year-old special needs child who has been denied special education for 4 years on December 13, 2016. U.S. Department of Education officials held a meeting in Edinburg on their tour of Texas to hear community members’ experiences with special education, continuing an investigation of whether Texas is capping services for students with disabilities. Photo by Eddie Seal/The Texas Tribune.

A U.S. Department of Education investigation concluded Thursday that Texas violated federal law by failing to ensure students with disabilities were properly evaluated and provided with an adequate public education.

After interviews and monitoring visits with parents, school administrators and state officials, the federal investigation found that the Texas Education Agency effectively capped the statewide percentage of students who could receive special education services and incentivized some school districts to deny services to eligible students.

It also told TEA that it needs to take several corrective actions, including producing documentation that the state is properly monitoring school districts’ evaluations for special education, developing a plan and timeline for TEA to ensure that each school district will evaluate students previously denied needed services and creating a plan and timeline for TEA to provide guidance to educators on how to identify and educate students with disabilities.

“Far too many students in Texas had been precluded from receiving supports and services under [the Individuals with Disabilities Education Act],” said U.S. Secretary of Education Betsy DeVos in a statement Thursday. “I’ve worked directly with TEA Commissioner [Mike] Morath on resolving these issues, and I appreciate the Texas Education Agency’s efforts to ensure all children with disabilities are appropriately identified, evaluated and served under IDEA.

“While there is still more work to be done, leaders in the state have assured me they are committed to ensuring all students with disabilities can achieve their full potential.”

In response to the report, Gov. Greg Abbott sent a letter to Morath demanding that TEA prepare an initial plan to reform special education within the next seven days, with the input of parents, advocates and educators. He also demanded TEA develop legislative recommendations to help ensure districts comply with federal and state special education laws.

Legislators passed a law in May prohibiting Texas from capping special education services. Special education advocates and parents had lobbied for a number of smaller reform bills during the session, few of which passed.

“Federal officials have provided no definitive timeline for action by TEA, but parents and students across our state cannot continue waiting for change,” Abbott wrote. “I am directing you to take immediate steps to prepare an initial corrective action plan draft within the next seven days.”

In a statement Thursday, Morath said he will continue to increase training and support for educators on educating students with disabilities.

“We have added significant resources focused on increasing technical assistance and training for our school systems, including 39 statewide special education support staff in the last year,” he said. “I am committing today that there will be more.”

The federal investigation was prompted by a series of reports from the Houston Chronicle alleging TEA had denied needed special education services to thousands of students with disabilities across the state. Texas provides special education to a small percentage of students compared to other states. That number has gone up from 8.5 percent in 2015-16 to 8.8 percent last school year, according to TEA’s statewide academic performance report.

TEA has denied all allegations that it capped services for students.

The report comes more than a year after federal officials traveled to five Texas cities in December 2016 and heard parents tell numerous stories about educators who had not been properly trained on what services they were legally required to provide students with disabilities. The agency also collected more than 400 public written comments from those who could not attend a meeting in person.

Federal officials returned to Texas last February to tour selected school districts for a firsthand look at local special education data and policies.

The report Thursday confirmed the complaints of many the parents who spoke out at those meetings. It said:

  • TEA was more likely to monitor and intervene in school districts with higher rates of students in special education, creating a statewide system that incentivized denying services to eligible students. School district officials said they expected they would receive less monitoring if they served 8.5 percent of students or fewer.
  • According to internal reports reviewed by federal officials, administrators at multiple districts worked to decrease the percentage of students identified for special education services — even though there was no evidence to indicate those actions were necessary.
  • School administrators provided some students suspected of having disabilities with intensive academic support as a way of delaying or refusing to evaluate them for necessary federally funded special education services. Teachers and staff did not understand how to deploy this support in a way that complied with federal law.
  • Texas has a policy to only provide federally funded services to students with dyslexia if those students also have another disability. That violates federal law, the report said, since it denies some eligible students federally funded special education services. School districts were found to be inconsistent in how they interpreted and carried out this state policy.
  • Many school district staff members said they saw evaluation for federally funded special education services as a “last resort” for students who were struggling to learn. They did not understand that students could receive these services in both special education and general education classrooms.

The agency’s attempts to address some of these problems in the last several months collapsed recently after it awarded a contract to overhaul special education to a company with a short track record without letting other firms bid for the job. After parents of students with disabilities argued the contract was poorly thought out, Morath terminated it — with $2.2 million in federal funding already spent for services rendered. The agency is now conducting an internal review of its contracting processes.

Texas now lacks both a special education director and a long-term plan for overhauling special education, leaving parents and advocates frustrated and concerned.

Reference Material

USDE special education monitoring visit letter

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2018/01/11/federal-special-education-monitoring-report/.


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.

Republican primary voters will face voucher question

Republican Party of Texas officials have placed a voucher question on the ballot that will go before GOP primary voters in 2018. The measure is among eleven ballot proposals announced this week by the 62-member State Republican Executive Committee (SREC) that will appear on the 2018 Republican primary ballot.

The question asks if “Texas families should be empowered to choose from public, private, charter, or homeschool options for their children’s education, using tax credits or exemptions without government constraints or intrusion.”

Despite several days of testimony during the 2017 legislative session by parents, teachers, and experts explaining the negative impacts of diverting taxpayer dollars from the public school system to subsidize unaccountable private institutions, SREC members chose to characterize vouchers as something that would empower families. This is language lifted from special interest groups aimed at defunding and privatizing constitutional public schools in Texas in order to make a profit.

In reality, vouchers would result in lower-income, rural families subsidizing the tuition paid by well-off parents to private, big-city academies. Vouchers would also force disabled students to surrender their federal rights under the Individuals with Disabilities Education Act (IDEA). By reducing the already scarce resources the state is constitutionally required to provide to Texas’ 5.4 million school children, vouchers would hurt children and increase the upward pressure on local property taxes.

Furthermore, the ballot question admits that taxpayer dollars would be transferred to private businesses without any state accountability. While constitutional public schools face rigorous academic and financial accountability requirements, private schools do not. Public schools are required to hire well-trained and certified educators who pass multiple layers of background checks. Because taxpayer money is involved, public schools are required to be open and accountable to voters. They are required to accept all children, regardless of background, and provide them with resources guaranteed under state and federal law. None of these requirements apply to private schools.

“The SREC deliberated and delivered eleven propositions to place on our Primary ballot,” Republican Party of Texas Chairman James Dickey said in a statement on the RPT website. “We look forward to hearing from our voters on these issues and to sharing the results with lawmakers. Whatever the results, we will continue working towards making our principles a reality.”

Propositions that appear on party primary ballots in March are different from propositions that appear on the general election ballot in November in a number of ways. Unlike the propositions on the November ballot, the propositions on March primary ballots are nonbinding, which means they do not create laws. Instead, they act as a sort of opinion poll.

Another difference is that the language on party primary ballots is drafted by committees within each political party. These questions are not required to adhere to the same neutral language standards as questions that appear on the general election ballot. This sometimes results in voters being asked misleading questions, such as the voucher question stated above. Another example of this is when 2016 Republican primary voters were faced with a question regarding payroll deduction that mischaracterized the process and which was later used by politicians promoting legislation aimed at hurting teachers and educator associations.

ATPE members and their fellow educators, many of whom are loyal Republican voters, spoke loudly against attacks on educators during the 2017 legislative session. The State Republican Executive Committee did not place a payroll deduction question on the 2018 GOP primary ballot.

As a voter, you can help steer the Republican Party of Texas and members of the State Republican Executive Committee in the right direction by weighing in when you cast your primary vote.

Here is the full list of questions that will appear on the 2018 GOP primary ballot:

  1. Texas should replace the property tax system with an appropriate consumption tax equivalent. Yes/No
  2. No governmental entity should ever construct or fund construction of toll roads without voter approval. Yes/No
  3. Republicans in the Texas House should select their Speaker nominee by secret ballot in a binding caucus without Democrat influence. Yes/No
  4. Texas should require employers to screen new hires through the free E-Verify system to protect jobs for legal workers. Yes/No
  5. Texas families should be empowered to choose from public, private, charter, or homeschool options for their children’s education, using tax credits or exemptions without government constraints or intrusion. Yes/No
  6. Texas should protect the privacy and safety of women and children in spaces such as bathrooms, locker rooms, and showers in all Texas schools and government buildings. Yes/No
  7. I believe abortion should be abolished in Texas. Yes/No
  8. Vote fraud should be a felony in Texas to help ensure fair elections. Yes/No
  9. Texas demands that Congress completely repeal Obamacare. Yes/No
  10. To slow the growth of property taxes, yearly revenue increases should be capped at 4%, with increases in excess of 4% requiring voter approval. Yes/No
  11. Tax dollars should not be used to fund the building of stadiums for professional or semi-professional sports teams. Yes/No

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

The Texas Legislature is wrapping up its second week of a special session. Here are stories you might have missed:

During this second week of the special session, bills pertaining to teacher compensation and funding for teachers’ healthcare were on the move in both the Texas House and Senate. ATPE Lobbyist Monty Exter provided the following update on their current status:

Senate Bill 19 was filed as the vehicle for the lieutenant governor’s plan to address the need for better teacher pay and funds for TRS-Care. The bill, carried by Senate Finance Committee Chairwoman Jane Nelson was heard in and passed out of her committee on Saturday. During the hearing ATPE, other teacher organizations, and individual teachers such as ATPE State Treasurer Tonja Gray all expressed strong concerns about a provision of the bill that mandated school districts to spend roughly a billion dollars statewide on teacher pay raises without providing any state funding to cover the mandate.

In addition to the unfunded mandate, SB 19 includes a one-time bonus in 2018 for teachers who have been in the classroom more than six years ($600 for teachers with 6-10 years’ service, $1000 for teachers with 11 or more years of service). The bill also includes additional funding to reduce health insurance costs for retired teachers on TRS-Care. The longevity bonus and TRS-Care portions of SB 19 are paid for during the upcoming biennium through a deferral of payments to managed care organizations (MCOs). MCOs coordinate health services for those enrolled in Medicaid and CHIP programs for low-income and disabled individuals. If finally passed, SB 19 will increase the state’s projected Medicaid shortfall, which the next legislature will have to cover, from $1.2 to 1.6 billion.

The full Senate took up SB 19 on Tuesday, July 25. Senators removed the unfunded pay raise leaving only the one-time funding for longevity bonuses and TRS-Care supplemental spending. Republican Senators rejected floor amendments by Democratic Senators Kirk Watson of Austin and Jose Menendez of San Antonio to ensure more suitable or ongoing funding beyond 2018, leaving that for a future legislature to decide whether the additional funding for teacher bonuses and TRS-Care will be continued. SB 19 was received by the House yesterday and will likely be referred to a House committee early next week.

ATPE Lobbyist Monty Exter testified before the House Appropriations Committee this week.

ATPE Lobbyist Monty Exter testified before the House Appropriations Committee this week.

Also happening Tuesday, July 25, the House Appropriations Committee met to hear House Bills 24, 20, 76, and 151, among others. HB 24 by Representative Drew Darby calls for giving teachers an across-the-board $1,000 pay raise. Unlike the pay increase that was ultimately removed from SB 19, Darby’s HB 24 includes three distinctive features. One, the raise would be paid for during the current biennium. HB 24 does this by calling for an appropriation from the state’s rainy day fund, or as Rep. Darby called it, the state’s “mattress fund.” Rep. Darby stated in his explanation of the bill that he felt $11 billion was too much money to keep in a mattress, and that the state should find more responsible ways to invest those funds. Second, HB 24 includes language that ensures the money appropriated will be used to supplement, not supplant, current teacher salaries and that salaries could not simply be reduced again in future years. Third, the bill would change the state salary factor funding formulas such that it would increase the state appropriation called for in the base budget for future legislatures. This does not bind future legislators, but it does create a starting point of funding the HB 24 pay raise in future years so as to better ensure that there will be state funding for the raises.

House Bills 20, 76, and 151 have been filed respectively by Representatives Trent Ashby, Drew Darby, and Lance Gooden; all call for supplemental appropriations of varying amounts for TRS-Care. HB 151 would send additional dollars form the state’s General Revenue fund, while HB 20 and HB 76 call for spending dollars out of the rainy day fund to boost TRS-Care. HB 76 and HB 151 were left pending in the committee, while HB 20 was voted out of committee favorably and is on its way to the House Calendars Committee to be scheduled for floor debate in the near future. HB 20 calls for an additional $212 million for TRS that would be used to reduce premiums and deductibles.

For a closer look at the breakdown of how SB 19 and HB 20 would be anticipated to impact TRS-Care, check out this comparison chart.


The Texas Senate is taking a break this weekend after working throughout last weekend and several late nights to advance a controversial agenda pushed by Gov. Greg Abbott and Lt. Gov. Dan Patrick. As reported by ATPE Lobbyist Kate Kuhlmann in her blog post this week, the Senate passed a private school voucher bill disguised as a school funding measure in the form of Senate Bill 2, a bill dictating the policies local school boards must adopt regulating the use of bathrooms in Senate Bill 3, and the politically motivated Senate Bill 7 to prohibit educators and certain other public employees from using payroll deduction to pay their voluntary association dues, while allowing other public employee association members deemed “first responders” to continue the practice. Less controversial measures passed by the Senate included a bill that funds one-time bonuses for experienced teachers and extra money to offset increased healthcare costs for retired educators in 2018, as well as a bill appointing a state commission to study school finance between now and the next legislative session.

17_web_AdvocacyCentral_RotatorImages_StandUpPublicEdNow that several anti-public education measures have sailed through the Senate and been sent to the House, and Gov. Abbott is threatening that lawmakers who oppose his agenda will be blacklisted, now is the time for House members to hear from their own voters and especially educators. ATPE is urging its members to call and write to their state representatives urging them to oppose bills like SB 2 and SB 7 that would defund public schools and needlessly punish public school employees. Visit Advocacy Central for quick and easy tools to communicate with your lawmakers about these issues. While you’re on Advocacy Central, be sure to also check out which lawmakers are supporting bills like these and let them know you disapprove. With only a couple weeks left in the special session, it’s critical for educators to speak up now!


Dollar banknotes heapWhile the Senate has worked to rapidly advance the governor’s controversial agenda, the House under the leadership of Speaker Joe Straus has stuck to its pledge to continue working on school finance solutions during this special session. The House Public Education Committee held hearings Monday and Tuesday on a number of finance-related bills, including several that were refiled from the regular session. ATPE Lobbyist Mark Wiggins attended and reported on the hearings for our blog here and here.

Bills advanced by the committee included Chairman Dan Huberty’s special session versions of House Bill 21, a comprehensive school finance reform bill that would inject additional money into public schools, provide increased funding through weighted formulas for bilingual students and those with dyslexia, and offer hardship grants to certain districts facing the loss of ASATR (Additional State Aid for Tax Reduction) funding this year; House Bill 22 to extend ASATR; and House Bill 23 providing grants to schools serving students with autism.

The House Public Education Committee will meet again Tuesday, Aug. 1, to hear a number of additional bills. Stay tuned to Teach the Vote for updates.


tea-logo-header-2Commissioner of Education Mike Morath announced this week that the Texas Education Agency (TEA) will release Texas’s plan to satisfy new federal education laws on Monday. Congress passed and former President Obama signed into law the Every Student Succeeds Act (ESSA) in December 2015. Since then, the U.S. Department of Education, under the direction of both the Obama and Trump administrations, has spent time developing, altering, and in some cases even omitting the rules that govern the law. Those rules are now finalized, and states are now tasked with submitting their individual plans to satisfy the law and remaining rules. The federal law returns some education decision making to states and, in several areas, offers states an opportunity to alter the way they plan to satisfy federal education requirements.

Stay tuned for more next week on how Texas plans to handle the new law. The release of the Texas ESSA plan on Monday will also initiate the first day of a thirty-day public comment period.


At the annual ATPE Summit held in Austin earlier this month, Humble ATPE member Gayle Sampley authored a resolution for ATPE to honor House Speaker Joe Straus and House Public Education Committee Chairman Dan Huberty for their support of public education. On Tuesday, Gayle visited the Texas State Capitol and joined members of the ATPE lobby team to present the honorary resolution to Chairman Huberty, who is also Gayle’s own state representative.

Humble ATPE Member Gayle Sampley presents an ATPE honorary resolution to Chairman Dan Huberty, joined by ATPE Governmental Relations Director Jennifer Canaday and ATPE Lobbyist Mark Wiggins

Humble ATPE Member Gayle Sampley presents an ATPE honorary resolution to Chairman Dan Huberty, joined by ATPE Governmental Relations Director Jennifer Canaday and ATPE Lobbyist Mark Wiggins.



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

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

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

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

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

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

Members of the ATPE Lobby Team

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

o  The Senate’s voucher amendment to HB 21

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

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

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

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

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

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

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

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

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

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

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

·        Create an early childhood through third grade teaching certificate;

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

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


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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Other Legislative Victories:

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

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

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

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

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

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

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

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

ATPE's 2016-17 State Officers

ATPE’s 2016-17 State Officers

From The Texas Tribune: Hey, Texplainer: Does the Texas lottery fully fund public education?

A Texas Lottery display in Austin on April 3, 2017. Photo by John Jordan

A Texas Lottery display in Austin on April 3, 2017.
Photo by John Jordan

Today’s Texplainer is inspired by a question from Texas Tribune reader Lynne Springer. Send us your questions about Texas politics and policy by emailing texplainer@texastribune.org or through texastribune.org/texplainer. 

Hey, Texplainer: The lottery is supposed to fund education — that was stated at the get-go. Why is lottery money being used for other things?

When they were trying to sell the lottery to voters more than 25 years ago, political candidates left many Texans with the impression that 100 percent of the money earned from the lottery would go toward education and that the lottery might generate enough money to pay for all public education.

Neither is true.

Through a constitutional amendment, voters approved the creation of the Texas Lottery in November 1991. Between 1992 and 1997, $4 million from lottery ticket sales and unclaimed prizes went toward the state’s general revenue fund — meaning it could be used for any state expense.

It wasn’t until after 1997 that Texas schools became a specific beneficiary of the money.

The breakdown of how that money is distributed now looks like this, according to the Texas Lottery Commission website:

  • 63 percent is paid to lottery winners
  • 27.1 percent funds Texas education through the Foundation School Fund
  • 5.4 percent goes toward retailer commissions
  • 4 percent goes to the lottery for administrative costs
  • The remainder, about 0.4 percent, funds the Veterans Assistance Program and other state programs

The commission announced in September 2016 that it had earned more than $5 billion in sales for the 2016-17 fiscal year.

“This is the first time in our history that we have generated more than $5 billion in sales,” Gary Grief, the lottery’s executive director, said in a news release. “We are excited to celebrate the extraordinary growth we have achieved and proud to make our largest contributions ever to both Texas public schools and veterans’ programs.”

Of that $5 billion, roughly $1.3 billion was allotted to the Foundation School Fund, which is administered by the Texas Education Agency. The money is used for expenses such as teacher salaries, bilingual education and special education. TEA officials said the Foundation School Program should be thought of “as a huge pot of money” with lottery revenue being just one contributor to the pot.

In 2015, the Legislature budgeted $48.4 billion in state funds for public education over two years, which included $2.4 billion that the lottery contributed to the state’s foundation school account.

According to the Texas Lottery’s website, the lottery has contributed $20 billion to the Foundation School Fund since 1997. But TEA officials say there’s no telling which Texas school districts receive lottery funding.

The bottom line: The money earned by the Texas Lottery has never been fully dedicated to Texas education. Since 1997, a percentage of lottery revenue has gone toward funding the state’s public schools, but not all of it.

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2017/07/07/hey-texplainer-does-lottery-fully-fund-public-education/.

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From The Texas Tribune: House education leaders won’t budge on school finance, private school choice

Reps. Dan Huberty, Diego Bernal and Gary VanDeaver discuss the past legislative session and the upcoming special session at a conference of the Texas Association of School Administrators in Austin on June 25, 2017. Photo by Austin Price/The Texas Tribune

Reps. Dan Huberty, Diego Bernal and Gary VanDeaver discuss the past legislative session and the upcoming special session at a conference of the Texas Association of School Administrators in Austin on June 25, 2017. Photo by Austin Price/The Texas Tribune

The top House education leader said Sunday that “private school choice” is still dead in the lower chamber.

“We only voted six times against it in the House,” House Public Education Committee Chairman Dan Huberty said. “There’s nothing more offensive as a parent of a special-needs child than to tell me what I think I need. I’m prepared to have that discussion again. I don’t think [the Senate is] going to like it — because now I’m pissed off.”

Huberty, R-Houston, told a crowd of school administrators at a panel at the University of Texas at Austin that he plans to restart the conversation on school finance in the July-August special session after the Senate and House hit a stalemate on the issue late during the regular session. Huberty’s bill pumping $1.5 billion into public schools died after the Senate appended a “private school choice” measure, opposed by the House.

Huberty was joined by Education Committee Vice Chairman Diego Bernal, D-San Antonio, and committee member Gary VanDeaver, R-New Boston, on a panel hosted by the Texas Association of School Administrators, where they said they didn’t plan to give in to the Senate on the contentious bill subsidizing private school tuition for kids with special needs.

Gov. Greg Abbott has called legislators back to Austin for a July-August special session to tackle a hefty 20-item agenda that includes several public education issues that the Senate and House could not agree on during the legislative session. Huberty, Bernal and VanDeaver on Sunday refused to budge politically from where they stood on major education issues during the regular session.

“I pretty much stand where I stood then,” VanDeaver said.

Educators argue private school choice saps money from the public school system, while proponents say it offers low-income parents choices beyond the limited scope of the public education system.

That position could put the representatives in private school choice advocates’ crosshairs as they gear up for re-election in 2018. Huberty, already a target of efforts to unseat him in the next Republican primary, called it an “onslaught” against public education.

VanDeaver said educators have two options: They can give in to the Senate’s attempts to attach school finance and private school choice, or they can vote against legislators who want those issues linked.

“If you don’t stick up for yourselves in a real way … we are going to lose,” Bernal added.

Abbott put several public education bills on the special session agenda, to be addressed only after the Senate passes crucial “sunset” bills that would keep several state agencies, including the Texas Medical Board, operating during the next budget cycle.

Huberty said providing public schools with additional revenue is the only way to decrease local property taxes, another priority of the governor on the agenda for special session. “I’m planning on filing a property tax bill that will address school finance,” he said.

Educators have argued school districts must push for higher taxes because the state is underfunding public schools.

Huberty said he did not know if he would re-file the exact same piece of school finance legislation the House passed in the spring. That bill simplified the formulas for funding public schools and injected $1.5 billion into public schools, in part by using a budget trick to defer a payment to public schools until 2019.

Huberty said the Legislature could still fund the bill by using that mechanism. “If there’s no money, I get it,” he said. “But we got a mechanism set up to be able to deal with it.”

Disclosure: The University of Texas at Austin and Texas Association of School Administrators have been financial supporters 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/2017/06/25/texas-reps-education/.

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