Tag Archives: teachers

Charter schools, educator certification top Senate Education Committee hearing

The Senate Education Committee met yesterday, April 20, to hear a number of bills pertaining to charter schools, educator training and certification, and more. ATPE weighed in on several measures.

Review, approval, and expansion of open-enrollment charter schools

The committee heard a handful of bills pertaining to charter schools on a number of issues. First up was Sen. Donna Campbell’s (R-New Braunfels) SB 1883, pertaining to the approval process for charter applicants and the review of charter operators. ATPE testified against the bill. Our opposition was based on two primary themes: (1) removal of elected officials from the charter school process is irresponsible and (2) adding unnecessary new appeal and review opportunities for charters only creates administrative bloat.

Charter schools are not governed by an elected board of trustees, as is the case for traditional public school districts, so State Board of Education (SBOE) involvement in the charter applicant approval process is among the few opportunities for elected officials beholden to the Texas taxpayers to offer charter oversight. As was pointed out during the hearing, a recent out-of-state charter applicant that received approval three separate times from the Texas Education Agency (TEA) commissioner, was then vetoed by SBOE each time based on reasonable concerns about the charter’s inappropriate profiteering in other states. Clearly, SBOE’s involvement plays a valuable role on multiple levels.

SB 1883 also creates new appeal and review processes for charters. The current process for charter approval offers sufficient opportunity for charter applicants to showcase the worth of their application. Further, charter schools and school districts have sufficient time to correct or address data or calculation errors prior to it affecting the entities’ academic or financial accountability ratings. ATPE believes that the additional appeal and review processes provided under Sen. Campbell’s bill are unnecessary and would only result in government waste at TEA, an agency that is already taxed for resources.

ATPE supported a charter bill by Sen. Royce West (D-Dallas), SB 2130, which would establish a process for first determining regional need before approving a new charter applicant or charter expansion effort. The bill would require the TEA commissioner to first consider a number of factors aimed at determining whether a current traditional school is sufficiently serving the educational needs of students who live in the district. If it is determined that the existing schools are sufficient to meet those needs, a charter applicant would not be granted approval to establish or expand in the area, a measure that is intended to address over-saturation of charter schools in specific geographic areas.

Early childhood certification, reciprocity for out-of-state certificate holders

SB 1839 by Sen. Brian Hughes (R-Mineola) was originally filed as a measure aimed at improving educator preparation program practices in Texas. It also addressed reciprocity for educators trained and certified in other states or countries seeking to teach upon moving to Texas. Current law requires those our-of-state teachers to pass the relevant Texas certification exam(s) before teaching, unless their out-of-state certification is deemed “at least as rigorous” as a comparable Texas certification. Sen. Hughes’s bill, under the committee substitute presented yesterday, would omit the “at least as rigorous” exception, allowing any teacher certified in another state or country to teach in a Texas classroom upon arrival. ATPE expressed concerns, saying that some standard, be it passing the Texas certification exam or another form of showcasing qualifications, must be in place to ensure teachers entering Texas classrooms meet our state’s standards.

The committee substitute language also adds the creation of an Early Childhood through Grade 3 Certificate, which is among one of several avenues the State Board for Educator Certification (SBEC) is currently reviewing in order to ensure early childhood teachers receive the specific instruction needed to best teach early childhood students. ATPE told the committee the thorough review process by SBEC is the best route to address this issue, because many factors play into this certification and SBEC is considering them all, including potential impacts on the supply of certified teachers at other grade levels.

Assessment flexibility, sex trafficking instruction

ATPE offered its support to two additional bills heard during yesterday’s hearing. Sen. Campbell’s SB 1005 would give certain students, those who must still pass the Texas Assessment of Knowledge and Skills (TAKS) to graduate, the opportunity to meet graduation requirements by instead passing the SAT or ACT. ATPE also supported Sen. Judith Zaffirini’s (D-Laredo) SB 2039, which would create a sexual abuse and sex trafficking prevention program that districts could add to their curriculum if they choose.

The full Senate Education Committee agenda from yesterday can be found here. A list of the bills voted out of the committee during the hearing can be found here. Among the bills advanced by the committee was Sen. Van Taylor’s (R-Plano) SB 653, which he changed to only address pension revocation for certain individuals formerly employed as educators. Some of his original bill was rolled into the Senate’s priority bill pertaining to educator misconduct, SB 7, which is already moving through the process. ATPE supported both bills when they were previously heard in the Senate Education Committee.

State Board of Education takes up science, language arts TEKS

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

State Board of Education April 2017 meeting.

State Board of Education April 2017 meeting.

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

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

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

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

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

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

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

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

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

Teach the Vote’s Week in Review: April 14, 2017

The ATPE state office is closed today in observance of Good Friday. We’ll be back Monday with full coverage of the 85th Legislature and other advocacy news. Here are highlights from this week:

 


Retirement planning written on a notepad.

On Thursday, April 13, the Texas House Select Committee on State and Federal Power and Responsibility heard testimony about Social Security offsets in federal law that negatively affect many educators. The hearing was on HCR 101 by Rep. Abel Herrero (D-Corpus Christi) urging Congress to repeal the Government Pension Offset (GPO) and the Windfall Elimination Provision (WEP) of the Social Security Act. Learn more about the offsets in current law and how they affect educators here. Although the Texas Legislature does not have the authority to change federal laws, such as those governing Social Security, the measure would be a statement of support from Texas lawmakers for changing the GPO and WEP, which both have the effect of reducing many educators’ benefits. ATPE Lobbyist Monty Exter was among the witnesses who testified for the bill, which was left pending.

 


Last legislative session, ATPE supported a bill by Sen. Kel Seliger (R-Amarillo) to create alternative pathways for eligible students to graduate without necessarily having passed all required STAAR tests. The law allowing for individual graduation committees to evaluate students’ post-secondary readiness is set to expire on Sept. 1 of this year unless extended. A number of bills have been filed this session to remove the expiration date on the law, including Sen. Seliger’s Senate Bill (SB) 463, which the Senate Education Committee heard this week. Learn more about the legislation, which ATPE supports, in this week’s blog post by ATPE Lobbyist Kate Kuhlmann.

 


Both the House Public Education Committee and Senate Education Committee held meetings this week to discuss numerous education-related bills. Hot topics included educator preparation and certification requirements, reporting teacher misconduct, virtual schools, and special education services. For a complete wrap-up of this week’s hearings, check out these blog posts by ATPE’s lobbyists:

 


Girl showing bank notesNext week in the Texas Legislature, the House of Representatives has scheduled a floor debate for Wednesday, April 19, on House Bill (HB) 21. That’s the high-profile school finance reform bill by Rep. Dan Huberty (R-Kingwood) that we’ve written about here on our blog. The Senate Education Committee is also hearing a number of bills dealing with school finance during its next hearing on Tuesday, April 18.

Over in the House Public Education Committee, next Tuesday’s meeting will cover proposed legislation on broad topics ranging from curriculum standards to UIL. The House committee will also consider HB 306 by Rep. Ina Minjarez (D-San Antonio), a companion bill to SB 179 that would create “David’s Law” aimed at curbing cyberbullying and harassment that leads to suicide. ATPE offered support for the Senate version of the bill during a Senate State Affairs Committee hearing last week.

The State Board of Education (SBOE) is also meeting next week. Its four-day meeting begins Tuesday and will feature testimony and discussions of proposed changes to the Texas Essential Knowledge and Skills for science and English language arts and reading. View the complete SBOE agenda here and stay tuned to our Teach the Vote blog and @TeachtheVote on Twitter next week for updates.

 


 

Education Committees discuss educator preparation bills and more

The House Public Education Subcommittee on Educator Quality and the Senate Education Committee met yesterday and today, respectively, to take up a variety of issues. A bill opposed by ATPE pertaining to educator preparation was up in both committees. A handful of other educator training and certification bills, legislation aimed at teacher quality, and the bill to extend individual graduation committees were also heard in committee.

Lowered educator preparation standards hurt teachers, students

House Bill (HB) 2924 and Senate Bill (SB) 1278 are companion bills pertaining to educator preparation program and candidate requirements in Texas. A bill passed by the legislature last session raised standards for educator preparation in Texas. In conjunction with the standard rule review process at the State Board for Educator Certification (SBEC), that bill resulted, after almost 2 years of thoughtful deliberations, in rules that raised standards for educator preparation programs (EPP), EPP candidates, EPP entrance requirements, and certification. ATPE was supportive of the rule review process, a process driven by a board of educators working in the field. We are opposed to initiatives that aim to roll back some of those rule provisions, and, unfortunately, SB 1278 and HB 2924 would do just that. ATPE opposed the bills based on the strong and evidence-backed belief that all educator candidates deserve strong training and support prior to full certification.

ATPE expressed concerns shared by those in the education committee, including administrators, teachers, University Deans, districts, educator quality groups, and more. In the Senate Education Committee, discussion included the fact that the only groups testifying in support of the legislation were for-profit educator preparation providers. These groups, in many cases, have a profit incentive to keep standards low, and under this bill, would seek to roll back the raised standards accomplished over the past two years through SBEC. Senators also heard from teachers in the field who testified that rolling back the standards would only result in educators being set up for failure once in the classroom. The bill was ultimately left pending.

House Public Education Subcommittee on Educator Quality

The Educator Quality Subcommittee heard a number of other measures pertaining to educator preparation that ATPE opposed based on the same principle and understanding that we do a disservice to teachers and students if we put ill-prepared educators in the high-stakes classroom and expect them to achieve excellence. The committee also heard two certification focused bills that ATPE supported; both HB 3563 and HB 1867 focus on well certified and well trained educators in classrooms. Another bill ATPE supported, HB 3692, would prohibit the use of student standardized test scores as a measure of teacher performance in an appraisal system.

ATPE also testified neutrally on two bills that dealt with separate topics but both entail work currently being done at the Texas Education Agency (TEA). HB 2941 would change appraisal rules currently in law at a time when TEA is still in the process of implementing its new commissioner recommended appraisal system, the Texas Teacher Evaluation and Support System (T-TESS). Similarly, HB 2039 would create a new Early Childhood through Grade 3 Certificate, which the SBEC is currently in the process of thoroughly reviewing as one of several avenues to help early childhood teachers get the specific instruction needed to best teach early childhood students.

Senate Education Committee

In the Senate Education Committee, ATPE supported SB 196, requiring parental notification when a campus lacks a nurse, school counselor, or librarian; SB 1854, aimed at reducing required paperwork for classroom teachers; and SB 1353, putting in place a process for dealing with the facilities of certain annexed districts.

We also supported SB 463, a bill to permanently extend the individual graduation committees (IGCs) passed into law last session on a trial basis. (More on the bill here.) ATPE joined the education committee in strongly embracing the bill to make IGCs a permanent option for otherwise successful students who struggle to pass state standardized tests. TEA recently released the 2015-2016 IGC data, which can be found here. ATPE thanks Senator Seliger (R-Amarillo) for championing this common sense, meaningful legislation, because many students shouldn’t be defined by their ability to pass “the” test and testing struggles shouldn’t inhibit their future success!

House committee advances A-F improvements

The House Public Education Committee met Tuesday to hear a number of bills, including those dealing with special education, and to advance a key piece of legislation relating to accountability.

House Public Education Committee meeting April 4, 2017.

House Public Education Committee meeting April 4, 2017.

During a break in testimony Tuesday afternoon, Chairman Dan Huberty (R-Houston) introduced a committee substitute to HB 22, which would modify the “A through F” accountability system. As filed, the bill would collapse the five domains down to three and eliminate the overall, or “summative,” rating for districts and schools.

Chairman Huberty explained the committee substitute would clarify that indicators must be based on disaggregated information and include indicators reflecting access to resources, size and socioeconomics. The substitute would also incorporate policies advocated by ATPE, including a requirement that stakeholders, including teachers, should be involved in the process. ATPE has also advocated for restricting the use of standardized test results and other value-added measures (VAM) for the purposes of evaluating educator performance. The substitute would cap VAM at 25 percent of the educator performance score.

The committee unanimously approved HB 22, along with the following bills:

  • HB 481, which would prohibit TEA from collecting over-allocated state funds after seven years if they resulted from statutory changes.
  • HB 852, which would remove the cap on the number of individuals who can enroll in the adult high school and industry certification charter school pilot program.
  • HB 972, which would make it more difficult for districts to assign students to an uncertified teacher.
  • HB 1560, which would remove an obsolete reference regarding open-enrollment charter schools from the statute outlining the powers of the State Board of Education (SBOE).
  • HB 2611, which would allow districts to list property with a realtor using a multiple-listing service for 30 days.
  • HB 2649, which would require the governing bodies of charter schools to hold open meetings in the county in which the school is located and subject to the same requirements as regular government bodies.
  • HB 3722, which would modify the funding formula for districts to which an academically unacceptable school district is annexed.
  • HB 1669, which would allow the Texas Education Agency (TEA) commissioner to charge legal fees to parents who the commissioner deems have filed a “frivolous” lawsuit.

Also of note, the committee considered HB 713 by state Rep. Gene Wu (D-Houston), which would end the de facto “cap” on special education enrollment unveiled by the Houston Chronicle. Specifically, it would prohibit any performance indicator based on the total number or percentage of students enrolled in special education. As the Chronicle reported, an arbitrary 8.5 percent target monitored by TEA resulted in schools inappropriately denying special education services to thousands of children. Although TEA indicated that it will no longer use this information as a performance indicator, Rep. Wu explained HB 713 would prevent the agency from resuming the practice in the future. ATPE supports this bill.

The hearing began Tuesday morning with HB 1886 by state Rep. Rick Miller (R-Sugar Land), which would specify that appropriate dyslexia screening or testing should be done upon enrollment in kindergarten and at the end of first grade. It would require the TEA designate a dyslexia specialist to provide districts with support and resources, and identify both in-person and online training opportunities. According to the fiscal note, the bill would likely require TEA hire an additional full-time equivalent at a cost of roughly $107,000 per year.

HB 2205 by state Rep. John Kuempel (R-Seguin) would require school employees to report suspected cases of child abuse or neglect to local law enforcement, as well as the Department of Family and Protective Services (DFPS). Kuempel argued that too much time may pass between the time a report is filed and DFPS notifies law enforcement of a potentially dangerous situation. In some cases, DFPS has waited up to 72 hours before notifying police.

ATPE lobbyist Mark Wiggins testified neutrally on the bill. Highlighting the paramount importance of child safety both to educators and police, Wiggins pointed out that the current law orders DFPS to immediately inform local law enforcement. It’s hard to justify calling 72 hours “immediate,” as required by law. Before duplicating efforts, ATPE suggested that addressing the issue within DFPS may be the correct starting point for ensuring that current law is followed and no children are left in potentially dangerous situations.

HB 743 by state Rep. Jessica Farrar (D-Houston) would allow a social worker to provide services to students and families in a school district, collaborating with school administrators in order to enhance students’ learning environments. ATPE supports this bill.

HB 1720 by state Rep. Larry Phillips (R-Sherman) would require schools to provide parental notice if a child is found with lice. Furthermore, school officials would be required to notify the parents of every child in the same classroom as a student found with lice. The bill specifies that the child’s identity would be held confidential and not revealed to other parents.

ATPE lobbyist Mark Wiggins testified neutrally on HB 1720, noting that some teachers have expressed frustration that some school districts prohibit teachers from notifying other parents when a child is found with lice, resulting in recurring outbreaks. ATPE suggested the bill could be improved by granting individual teachers the right to notify other parents if they determine such action is appropriate.

HB 1556 by state Rep. Mary González (D-El Paso) would require training for foster parents of a child with disabilities before making educational decisions on the child’s behalf. The bill would separate the legal definitions of foster parents and surrogate parents for the purposes of educational decision making. Social workers testified that oftentimes, the law is unclear as to who makes the educational decisions for foster children in certain situations. According to the fiscal note, local districts could find it necessary to invest roughly $230,000 to develop training and $25,000 in subsequent years to maintain and update the training.

HB 1076 by state Rep. Tom Oliverson (R-Cypress) would revisit the timing of mandatory spinal screenings. While current law requires screenings in grades 6 and 9, HB 1076 would instead order the executive commissioner of the Texas Health and Human Services Commission (HHSC) to designate the appropriate ages for screening based on the latest scientific research.

HB 1583 by state Rep. Philip Cortez (D-San Antonio) would extend epinephrine auto-injector regulations, privileges, grant eligibility and immunity from liability to private schools. The bill would also add private school nurses to the list of positions eligible to serve on the epinephrine auto-injector advisory council.

HB 2395 by state Rep. Nicole Collier (D-Fort Worth) would order each district and charter to test their water for lead using a third-party testing service. If too much lead is found, the bill would require schools to provide safe water until lead levels are returned to acceptable parameters. According to the fiscal note, the Texas Association of School Business Officials (TASBO) estimated the cost of lead testing to be between $2,000 and $3,000 per building. TEA estimated the statewide cost at approximately $22 million per year, not including remediation.

HB 2130 by state Rep. Kevin Roberts (R-Houston) would order a study on the impact of the statewide assessment program on students in special education. The study would be required to address whether the administration of alternate assessments complies with ESSA and whether state-required assessments provide accurate and helpful information. Many disability advocates argued that current assessments aren’t necessarily appropriate for children with some disabilities. According to the fiscal note, the study would cost the state approximately $230,000. TEA staff testified the study could be paid for out of federal funds. ATPE supports this bill.

HB 1342 by state Rep. Tan Parker (R-Flower Mound) would require elementary and high school students to receive mandatory annual sex abuse training “to promote self-protection, prevent sexual abuse of children, and reduce child pregnancy.” Rep. Parker cited alarming statistics concerning sexual abuse of children, arguing children should be trained how to identify and handle assault.

HB 1033 by state Rep. DeWayne Burns (R-Cleburne) would require the TEA to petition for a waiver of the annual alternative assessment of students with significant cognitive disabilities required under the federal Every Student Succeeds Act (ESSA). Rep. Burns suggested that individual admission, review and dismissal (ARD) committees should be empowered to determine which tests, if any, are appropriate. ATPE supports this bill.

HB 23 by Chairman Huberty would create a five-year grant program to provide money for districts and charters that provide innovative services to students with autism.  The total number of eligible school programs would be capped at ten, giving priority to collaborations between multiple districts and charters. Funds would be capped at $20 million total, and $1 million for each individual program. According to the fiscal note, HB would cost the state $258,000 through 2019 and $10.1 million each following year. Chairman Huberty argued the pilot program would help drive innovation in a much-needed area of education. ATPE supports this bill.

HB 2623 by state Rep. Alma Allen (D-Houston) would require schools to create a personalized transition program for students returning after missing 30 instructional days or more because of placement in a juvenile center or hospital care. According to the fiscal note, districts may find it necessary to hire an additional counselor at an average annual salary of $63,000. Rep. Allen explained this is needed to help ensure that students who have been away from a public education setting for an extended period are able to be successfully reintegrated. ATPE supports this bill.

HB 194 by Vice-Chairman Diego Bernal (D-San Antonio) would require the State Board of Education (SBOE) to create a special education endorsement. Vice-Chairman Bernal suggested the bill would rectify an oversight that has resulted in some special education students being unable to earn the endorsements needed to graduate.

HB 3439 by state Rep. Linda Koop (R-Dallas) would allow school districts to contract with a charter to operate a district campus and share teachers, facilities or resources. Such schools would be entitled to the greater of the funding per weighted average daily attendance (WADA) entitled to the district or the charter. Although the fiscal note projects no state expense through 2019, the program would cost the state $33.3 million in 2020, $44.4 million in 2021 and $55.5 million in 2022.

ATPE lobbyist Mark Wiggins testified against HB 3439, pointing out concerns regarding students and educators. Even though students in each attendance zone would be given preference, the new charter campus would still be allowed to cap enrollment and potentially exclude students who would otherwise be entitled to go to that school. Furthermore, the legislation is unclear as to whether district teachers could be transferred to the charter and lose the rights and protections of district employees.

The bill would also allow low-performing charters to take over campus management. Currently, charters rated “C” or “D” on the “A through F” accountability system could participate, and as a result, would benefit from a one-year pause in their accountability ratings. This provides an incentive for poorly-performing charters to partner with poorly-performing districts in order to enjoy an accountability holiday. ATPE suggests confining participation to charters with “A” or “B” ratings.

HB 2442 by state Rep. Ken King (R-Canadian) would change “minutes of instruction” to “minutes of operation” for the purposes of determining the length of each school day. The TEA commissioner would determine how many minutes of operation are equivalent to a day of instruction. Instruction time would include recess and meals. The bill would also repeal the minimum length of the school day.

ATPE lobbyist Monty Exter testified in support of HB 2442, pointing out that the bill helps clarify the length of half-day pre-kindergarten for funding purposes.

HB 3157 by state Rep. Dennis Bonnen (R-Angleton) would modify eye exam rules to allow students to be screened using photoscreening. Advocates argued photoscreening is a more accurate and efficient method for detecting eye problems than eye charts, but school policies don’t always allow them.

Before concluding, Chairman Huberty suggested there could be a formal meeting later this week in order to advance additional bills pending in the committee.

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

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


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

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

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

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

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

 


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

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

 


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

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

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

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


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

 


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

 


 

Senate Education Committee discusses virtual education, teacher work days

On the same day the full Senate was debating and ultimately passing its voucher bill, Senate Bill 3, the Senate Education Committee met to hear a handful of bills. Bills pertaining to expansion of the Texas Virtual School Network and the days teachers are required to report to school topped the agenda.

Sen Ed Teacher MisconductTwo positive bills for teachers got the seal of approval from ATPE. Senate Bill (SB) 1317 by Sen. Carlos Uresti and SB 1634 by Chairman Larry Taylor would add clarity to the days teachers are required to work in specific situations. Sen. Uresti’s bill would prevent a district from requiring a teacher to report to work more than seven days before the first day of school, with an exemption for new teachers who couldn’t be called in more than ten days prior. Districts are inconsistent with regard to the number of days teachers are required to prepare for the school year, often exceeding the number of days a teacher is paid to work.

Chairman Taylor’s bill, SB 1634, would also address work days, this time with regard to aligning them with school calendars. When the legislature moved the amount of required instruction from a specified number of days to a specified number of minutes last legislative session, they failed to align educators contracts. In some cases, school calendars were amounting to less than the number of days the law requires educators to work. Chairman Taylor’s bill would address this by giving districts the ability to align their calendars with the educator contracts.

SB 610 by Sen. Donald Huffines seeks to expand eligibility for students participating in full-time virtual school in Texas. Currently, students in Texas can utilize the Texas Virtual School Network beginning in 3rd grade and continuing through high school; Sen. Huffine’s bill would expand that eligibility to students in kindergarten through 2nd grade. ATPE opposed the bill based on several concerns addressed in our written testimony to the committee. Those concerns include the pedagogical inappropriateness of full-time virtual education for our state’s youngest students, the research calling into question the success of full-time virtual education for a student of any age, and the fact that our accountability system would not be set up to determine the success of the experimental system on our youngest students until the 3rd grade.

ATPE also supported a bill that aims to address the arbitrary 8.5% cap on the percentage of students in a district that can receive special education services. This issue first grabbed the attention of Texans and their policy makers last year when it was reported by the Houston Chronicle’s Brian Rosenthal. The Texas Education Agency held a hearing with the U.S. Department of Education late last year on the issue. Several bills this session seek to address the problem.

Senate approves anti-educator SB 13 on party line vote

On Wednesday, March 29, the full Texas Senate took up Senate Bill (SB) 13 by Sen. Joan Huffman (R-Houston) to prohibit educators and a few other groups of public employees from using payroll deduction for their voluntary association dues. The ATPE-opposed bill prompted two hours of robust floor debate before senators voted to approve the bill on second reading by a party line vote of 20 to 11. ATPE thanks those senators who voted against SB 13 and especially those who spoke so eloquently on behalf of the education community during the debate.

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Eight floor amendments were considered, but the only one added was by the bill’s author, Sen. Huffman, to allow school resource officers to continue to have their association and union dues deducted. As we reported Tuesday, representatives of the law enforcement community took to social media on the eve of the debate complaining that Sen. Huffman had misled them about all law enforcement personnel being exempted from SB 13. As passed out of the Senate State Affairs Committee, the bill would exempt most police, fire, and EMS personnel, but police officers employed by a school district would lose their dues deduction rights. Huffman, who chairs the State Affairs committee, corrected that by adding a floor amendment Wednesday to exempt school resources officers from SB 13, too.

Several Democratic senators filed floor amendments to try to exempt more public employees, such as educators and CPS workers, from the bill so that they could continue to take advantage of the convenience of payroll deduction. ATPE was mentioned several times during the debate, with some senators reading excerpts from a letter that ATPE had sent to all legislators opposing the bill and several references to ATPE members who testified during the committee’s Feb. 13 public hearing. However, Sen. Huffman objected to any expansion of the first responder exemptions in her bill and moved to table each of the amendments. Responding, for example, to an attempt by Sen. Royce West (D-Dallas) to exempt educators from the bill by characterizing them as “first responders,” too, Huffman continued to draw a distinction, arguing that teachers “don’t put their lives on the line” every day when going to work. All floor amendments except Huffman’s own were voted down on the same 20 to 11 party line vote.

TRTA_lobbydayIronically, the Senate’s vote on the anti-educator payroll deduction bill took place only hours after the Senate had recognized retired teachers who were sitting in the gallery and visiting the Capitol for their association’s lobby day yesterday. Many of the senators who spoke about their love for teachers and how much their own lives had been shaped by teachers in public schools were the same senators who only hours later voted for SB 13 in an obvious attempt to weaken the associations that advocate for teachers every day.

Asked about the political motives behind her bill, Sen. Huffman defended her love for teachers and claimed that “lobbyists” and the media were responsible for all of the misleading rhetoric against SB 13. She stated that she hoped educator associations like ATPE would find creative ways to work around the payroll deduction prohibition in the future to accommodate members who are unable to pay their dues in a lump sum or with a credit card or checking account debit. Pressed further by her Democratic colleagues to explain what the policy rationale was for SB 13, Sen. Huffman would merely say that the bill would address “inefficiencies” by getting the government out of the business of collecting dues. Most of the debate centered around Huffman’s controversial decision to exclude certain groups from the bill, apparently based on the nature of their political activities. The author of SB 13 stated multiple times that she was not comfortable allowing public employee groups that “harass employers” to benefit from payroll deduction, but she could not cite a specific example of such harassment.

ThinkstockPhotos-187006771-USCapWith SB 13 being approved on second reading, the Senate will still have to take another vote on the bill for final passage, which would send it next to the Texas House for its consideration. That Senate vote on third reading is likely to take place today, and a similar vote outcome is anticipated. The Senate is also planning to consider SB 3, the lieutenant governor’s high-priority private school voucher bill, on today’s calendar. Stay tuned to Teach the Vote for updates and be sure to follow us on Twitter for real-time developments.

Subcommittee resumes teacher misconduct discussion

The House Public Education Subcommittee on Educator Quality met Monday to take up another round of legislation primarily related to inappropriate relationships between educators and students.

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Before addressing the teacher misconduct bills, the committee began the hearing with HB 2209 by state Rep. Mary González (D-El Paso). HB 2209 would incorporate “universal design for learning” into the required training for all classroom teachers. It would require additional continuing education and require SBEC to add training in disabilities to the requirements for educator preparation programs (EPPs). The fiscal note assumes TEA would need to hire two additional employees to carry out the bill’s requirements at a cost of $322,000 through 2019.

HB 1918 by state Rep. Ryan Guillen (D-Rio Grande City) would create a grant program to provide online professional development courses for new teachers, those teaching out of their certification or those teaching at underperforming schools. According to the fiscal note, 500 teachers would be eligible to participate, and the program would cost the state $8.7 million over the next years. The bill would be funded by $6 million in Rider 41 through Article III of the state budget.

HB 1403 by state Rep. Jason Isaac (R-Dripping Springs) would expand the criminal offense of inappropriate relationship between an educator and a student. Under current law, a person commits a felony if they engage in sexual relations with a student at the same school or with a student they know attends school in the same district in which they teach. HB 1403 would make it a felony for any teacher to engage in sexual relations with anyone they know to be a primary or secondary school student, regardless of where they go to school.

HB 1799 by state Rep. Tony Dale (R-Cedar Park) would create a registry for teachers who have been involved in inappropriate relationships with students or those who have been deemed ineligible to teach as a result of their criminal history. The State Board for Educator Certification (SBEC) already maintains this information, but Dale noted it’s not readily available to private schools or schools outside of Texas. HB 1799 aims to address this by creating a registry of ineligible teachers open to all appropriate employers. Each school would be required to consult the registry before making a new hire and report misconduct information to the registry. The registry would be administered by the Texas Education Agency (TEA), and according to the fiscal note, would cost $1.2 million the first year and $515,000 per year afterward for four additional TEA employees.

HB 3769 by subcommittee Chairman Ken King (R-Canadian) is the companion to SB 7, which ATPE testified in support of during Senate hearings earlier this month. Both were heard in the subcommittee on Monday, and ATPE continues to support them. Committee members raised a handful of questions regarding the legislation. Chairman King suggested to state Rep. Alma Allen (D-Houston) that he would be open to providing clearer language that would subject administrators who fail to meet reporting requirements to criminal charges. Rep. Allen also suggested reporting timelines should be measured in business days, as opposed to calendar days, and argued that pension revocation — as discussed in the Senate — amounted to “overkill.” SB 7 was amended to remove language holding administrators who “should have known” about misconduct liable.

“I’m going to make this a better bill before we vote on it,” King assured the committee. All bills were left pending.

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

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


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

ATPE Lobbyist Monty Exter testifies before the Senate Education Committee

ATPE Lobbyist Monty Exter testifying

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

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

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

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

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

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

 


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

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ATPE Lobbyist Mark Wiggins testifying

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

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

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

 


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

 


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

 


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

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

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

 


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