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Latest education developments in the 85th legislature

DASIHSWU0AA4SAhIt was a busy weekend for the Texas House and Senate, which took action to move forward several pieces of high-profile education legislation during meetings on Saturday and Sunday that stretched into the overnight hours. The regular legislative session is slated to end in just one week on Memorial Day, May 29, 2017. Here’s a look at some of the latest activity from ATPE’s lobbyists:

Budget

The House was in session for most of the day Saturday. Late that afternoon, senators and representatives serving on the conference committee for Senate Bill (SB) 1, held a public hearing to openly discuss the terms of a compromise for the state’s budget bill. The discussions lasted beyond midnight amid late calls from the governor for additional funding of governor’s office initiatives for economic development. The SB 1 compromise includes adding $480 million for retired educators’ healthcare (consisting of $350 million from the state and $130 million from school districts), which is contingent upon final passage of the TRS-Care bill. The conferees agreed on tapping the state’s Rainy Day Fund for one-time expenditures to repair aging state hospital facilities and purchase bulletproof vests for law enforcement officers. They’ll also use a payment deferral method to free up some needed cash.

The budget compromise entails a $530 million increase for public education, but that’s far less than the additional $1.6 billion that the House had proposed in its budget, contingent upon passage of Huberty’s school finance reform bill, House Bill (HB) 21. The final funding available for public schools will depend largely on what becomes of HB 21 now that the Senate has made dramatic changes to that bill, most notably by harnessing a private school voucher plan to it.

Sen. Jane Nelson (R-Flower Mound) told senators this afternoon that while the conference committee has adopted its report, there are still some housekeeping items to be worked out before the report is presented to the full House and Senate. She directed senators to the Legislative Budget Board’s website to view documents related to the report on the budget compromise.

Bathrooms

The House was back in session on Sunday, and one of the most watched moments was the debate on a school safety bill that became the vehicle for an amendment relating to gender-based bathroom policies for schools. SB 2078 by Sen. Larry Taylor (R-Friendswood) and sponsored in the House by Rep. Dennis Bonnen (R-Angleton) was a noncontroversial bill intended to help school districts address their multi-hazard operations plans. But Rep. Chris Paddie (R-Marshall) successfully added a floor amendment to address bathroom usage in schools.

As adopted by the House on a 91-50 vote last night, the Paddie amendment requires schools to provide a single-occupancy restroom or changing facility for any student who requests an accommodation because he or she does not wish to use the facility corresponding to the student’s biological sex. Questions remain as to whether school districts will be forced to adopt or change any of their existing policies on bathrooms aside from any such requests for accommodations. The bill as amended passed on second reading late last night, and the House approved SB 2078 with the amendments on third reading today.

Now the bill heads back to the Senate for a determination of whether the House’s language, with its added bathroom-related amendments, will be acceptable or will require referral to a conference committee. Lt. Gov. Dan Patrick has already called the new language “ambiguous” in a statement to reporters today.

Healthcare

The full Senate took Saturday off and reconvened at 7 pm last night, taking up a couple of bills of great interest to the education community. First, the Senate unanimously passed HB 3976 by Rep. Trent Ashby (R-Lufkin) to reform the TRS-Care healthcare program for retired educators. The proposed changes are a tough pill to swallow for many retirees, but will prevent the program from completely running out of money during the upcoming biennium. For more on the TRS-Care bill, read ATPE Lobbyist Monty Exter’s blog post here.

Vouchers and School Finance

At around 11 pm Sunday night, the Senate began debating HB 21 by Rep. Dan Huberty (R-Kingwood), the school finance bill that is now hosting the Senate’s controversial language calling for an education savings account voucher for students with special needs.

Sen. Larry Taylor (R-Friendswood), the bill’s Senate sponsor and author of the voucher language, emphasized his opinion that the voucher likely would only be used by 5,000 students, or one percent of the current public school student population. He fielded questions from several senators, notably Sens. Jose Rodriguez (D-El Paso) and Jose Menendez (D-San Antonio), who pointed out the problems with private school vouchers, such as parents being forced to give up the many rights and protections of state and federal law that students with special needs enjoy when they attend public schools. Opponents in the Senate also pointed out that voucher utilization rates have been considerably higher (and costlier) than one percent in other states that have passed vouchers, making the Senate’s version of HB 21 likely to produce a much higher price tag than being claimed. The Senate tabled a Rodriguez amendment that would have stripped the objectionable voucher language from the bill, and similarly rejected a Menendez amendment that called on private schools that receive voucher funds to comply with the laws that would otherwise protect special needs students attending public school. A handful of other floor amendments were added to the bill, mostly representing less significant bills that had died on the calendar this session.

The Senate passed its substitute version of HB 21 on second reading at around 1 am this morning. After adjourning for a couple of minutes and reconvening, the Senate passed its version of HB 21 on third reading at around 1:30 this morning. The final floor votes on the bill were 21-10 with all Republican senators plus Sen. Eddie Lucio, Jr. (D-Brownsville) voting for HB 21; all other Democratic senators opposed the bill. The bill now heads back to the Texas House where it’s likely to receive a chilly reception.

This afternoon, the House advanced another school finance-related bill on second reading. SB 2144 by Sen. Larry Taylor, sponsored in the House by Rep. Huberty, would create a commission to study school finance during the interim and make recommended fixes to the next legislature. Laying out the less significant study bill today, Rep. Huberty used the opportunity to complain about the Senate’s changes to his HB 21, which had the effect of stripping out much of the extra funding proposed by the House for public schools.

Testing

Upon adjournment of the Senate in the overnight hours, the Senate Education Committee called a last-minute meeting to take a vote on a pending bill relating to student testing. Rep. Gary VanDeaver’s (R-New Boston) HB 515 as filed was an ATPE-supported bill designed to eliminate some state STAAR tests not required by federal law. Earlier this month, the full House amended the bill to add language from another bill (HB 1776 by Ashby) that would call on school districts to administer the test for U.S. citizenship in lieu of a state-adopted history test. The Senate committee approved a substitute version of HB 515 early this morning that strips out the citizenship test requirement and instead calls for the State Board of Education to study the alignment and coursework of required social studies curricula for grades 8-12. The Senate’s committee substitute bill also allows school districts to use SAT, ACT, and TSI tests as alternative assessments for graduation purposes. The full Senate must still pass HB 515 by Wednesday.

Today, the House gave preliminary approval to Sen. Kel Seliger’s (R-Amarillo) SB 463 aimed at extending the law allowing individual graduation committees for certain students unable to pass STAAR tests required for graduation. The House agreed to a floor amendment by Rep. Huberty that will extend the ATPE-supported law until 2021. The bill must pass on third reading, and then as with many of these other bills, the Senate will have a chance either to accept the House’s version of the bill in its current form or send the bill to a conference committee during this last week of the legislative session.

Now what?

There is a lingering question on many stakeholders’ minds now: “Will there be a special session?” Last week, Lt. Gov. Dan Patrick made public demands for a special session if the House failed to pass a property tax reform bill and a bill on transgender bathroom policies. Over the weekend, Gov. Abbott took unusual steps to declare an emergency on changing the state’s voter ID laws, signaling that issue as another “must pass” item for the regular session. Now that the House has added language relating to all three of these issues onto other bills, it remains to be seen whether those measures will be deemed acceptable by the Senate or if the governor will be inclined to call a special session. Stay tuned to Teach the Vote and follow us on Twitter for the latest updates.

Teach the Vote’s Week in Review: May 19, 2017

A recap of the week’s education-related news from ATPE Governmental Relations:

 


This week in the Texas capital we witnessed a tug-of-war between the state’s top legislative leaders as the end of the 85th legislative session looms.

Tomorrow, May 20, is the last day for Senate bills to make it out of House committees, and Lt. Gov. Dan Patrick (R) has been vocal in complaints about his conservative Senate priorities stalling in the more moderate House. At the same time, the Senate has held back on advancing an important sunset bill that would keep several state agencies in operation and has tacked controversial Senate-preferred amendments onto major House bills. A prime example is House Bill (HB) 21, the school finance bill that turned into a private school voucher measure when it came out of a Senate committee last week. That bill is slated for a Senate floor debate this weekend, and ATPE members are being urged to contact their lawmakers about the need to pass school finance reforms without vouchers.

Dollar banknotes heapThe impasse between the two chambers means that we’ve yet to see any details of a potential compromise on the state budget. That bill, Senate Bill (SB) 1, remains pending in a conference committee.

Earlier this week, Gov. Greg Abbott (R) told reporters that it was imperative for legislators to pass a property tax reform bill and a legislation regulating public bathrooms. Soon thereafter, Speaker of the House Rep. Joe Straus (R-San Antonio) sent a letter to Lt. Gov. Patrick Monday evening identifying a different pair of bills that must be passed this session in order to avoid the need for a special session: the budget, which lawmakers are constitutionally required to pass, and a sunset safety net bill that keeps several state agencies from being forced to shut down. As reported by The Texas Tribune, Straus also used the opportunity in his letter to urge the Senate to act on other House priorities, including some education concerns:

“We certainly understand that some bills that are passed in one chamber will not have the support to move forward in the other,” Straus wrote. “Still, as the House continues to pass priority Senate bills, I respectfully ask that the Senate also consider acting soon on issues that are priorities of the House, including public education, school accountability and testing reform, child protection, mental health, cybersecurity and preserving health insurance for retired teachers.”

In response to the Straus letter, Patrick called a press conference on Wednesday and reiterated that the bathroom bill and property tax bill, SB 2, were top priorities that must be addressed. Patrick indicated that the Senate would take no vote on the sunset bill until the House acted on those two priorities. Threatening a special session, which only the governor has power to call, Patrick added that he would ask for many more of the Senate’s conservative priorities, such as school vouchers, to be added to any such special session call. The lieutenant governor declined to answer any reporters’ questions.

Abbott stated after the press conference that there was no reason lawmakers couldn’t address his priorities during the regular session without the need for calling a special session. Straus issued a statement expressing “optimism” that the two chambers would “produce a reasonable and equitable compromise on the budget,” and noted that the property tax bill, SB 2, was on the House calendar and scheduled for debate. (Since then, SB 2 has experienced a number of delays and challenges, including a point of order that could defeat the bill on a technical rules violation.) While holding out hope for avoiding a special session, Straus also criticized the Senate in his written statement for endangering a school finance fix that would also provide property tax relief for homeowners:

“The House made a sincere effort to start fixing our school finance system, but the Senate is trying to derail that effort at the 11th hour,” Straus wrote in reference to HB 21. “The Senate is demanding that we provide far fewer resources for schools than the House approved and that we begin to subsidize private education – a concept that the members of the House overwhelmingly rejected in early April.”

The Senate has until Wednesday to hear most remaining House bills on second reading. It remains to be seen whether enough common ground will be found to avoid a special session. As we head into the last full week of the regular session, stay tuned to Teach the Vote and be sure to follow us on Twitter for the latest developments.

 


Drugs and MoneyA number of high-profile education bills are on the Senate’s calendar for floor debate. Today’s calendar includes HB 21 by Rep. Dan Huberty (R-Kingwood), the school finance bill referenced above to which the Senate has attached an educational savings account voucher provision and reduced funding for school districts. Also on tap for a likely vote today is Rep. Trent Ashby’s (R-Lufkin) bill dealing with TRS-Care, HB 3976. For more on the measure to change retired educators’ healthcare options, check out this comprehensive blog post from ATPE Lobbyist Monty Exter. Also, check out today’s blog post from ATPE Lobbyist Kate Kuhlmann with the latest on bills acted upon in the Senate this week.

 


Among the many measures still pending near the end of the legislative session are bills dealing with testing and accountability. House Public Education Committee Chairman Dan Huberty (R-Kingwood) has authored HB 22, a bill crafted with educator input aimed at improving the state’s A-F accountability rating system for schools. As approved by the House, the bill would condense the rated domains from five to three and eliminate the overall summative grade, deemed one of the most controversial aspects of the A-F system. This week, the Senate Education Committee heard HB 22, and Chairman Larry Taylor (R-Friendswood) opted to replace the bill’s language with his plan taken from another bill, SB 2051. As substituted, the bill does not provide nearly as much relief, prompting ATPE and other educator groups to voice concerns about it during the Thursday hearing. The committee also heard from Commissioner of Education Mike Morath about the bill. For more on that hearing, check out this blog post from ATPE Lobbyist Kate Kuhlmann, as well as related coverage from The Texas Tribune.

Another high-profile bill being closely watched by the education community is Sen. Kel Seliger’s (R-Amarillo) SB 463. That bill would extend the option for individual graduation committees (IGCs) to help college- and career-ready students unable to pass STAAR tests through 2019. Seliger, who authored the original law creating IGCs in 2015, hoped to make the statute permanent, but some groups that oppose the provision have insisted on a shorter time period. The House Public Education Committee advanced the bill this week, as reported by ATPE Lobbyist Mark Wiggins, but time is running short for the bill to be placed on a calendar for floor debate.

Both the House and Senate education committees will be holding formal meetings today during breaks from the floor action to vote on additional bills.

 


ATPE member Stephanie Stoebe testifies before the House Public Education Committee, May 18, 2017.

ATPE member Stephanie Stoebe testifies before the House Public Education Committee, May 18, 2017.

During a House Public Education Committee hearing on Thursday, Round Rock ATPE member Stephanie Stoebe was among several educators to testify against a bill that would water down educator preparation standards. SB 1278 by Sen. Larry Taylor (R-Friendswood) would prevent educator preparation programs from being held accountable for their candidates’ performance on certain educator certification exams in subjects deemed shortage areas, and the bill also allows individuals with five days’ experience working as a substitute teacher or teacher’s aide to count that work as required field experience rather than student teaching. The bill is being pushed by some of the state’s largest for-profit alternative certification providers.

Stoebe, a former Texas teacher of the year, testified about the importance of having properly trained teachers in classrooms that serve some of our most vulnerable populations. She urged the legislature not to roll back improvements made in rules by the State Board for Educator Certification this year to impose higher standards for educator preparation programs. ATPE also joined with a number of other educator groups in submitting a written statement in joint opposition to SB 1278.

Click here to watch video of the hearing (and view Stoebe’s testimony beginning at 1:26:11 on the archived video file). Also, view more details on the hearing in ATPE Lobbyist Mark Wiggins’s blog post here.

ThinkstockPhotos-487217874_breakingUPDATE: Just this afternoon, the House Public Education Committee held a formal meeting to take votes on some of the bills heard earlier this week. The committee voted against sending SB 1278 to the full House. Those voting against the bill were the committee’s vice-chairman, Rep. Diego Bernal, (D-San Antonio), plus Reps. Joe Deshotel (D-Beaumont), Ken King (R-Canadian), Linda Koop (R-Dallas), and Morgan Meyer (R-Dallas). Chairman Huberty voted for SB 1278, along with Reps. Dwayne Bohac (R-Houston), Lance Gooden (R-Terrell), and Gary VanDeaver (R-New Boston). The committee also voted down a trio of charter school bills: SB 1061, SB 1838, and SB 1883, plus SB 1886 that would have created an Inspector General’s office within the Texas Education Agency. Bills advanced by the committee today were Senate Bills 801, 825, 1177, 1553 (committee substitute), 1659, 2084, and 2141.

 


Senate committee advances House A-F bill with Senate language

The Senate Education Committee met today to hear a list of House bills that included HB 22, Chairman Dan Huberty’s (R-Humble) bill to fix issues that arose from the A-F campus rating system passed last legislative session. As it was heard in the Senate committee today, the bill was amended by Senate Education Chairman Larry Taylor (R-Friendswood) to substitute the language of his own A-F accountability bill, SB 2051.

Failing grade wrinkledATPE testified on the legislation as we did previously when SB 2051 was heard earlier this month. ATPE remains opposed to labeling schools and districts a letter grade of A, B, C, D, or F, because we recognize that doing so only serves to unnecessarily stigmatize the schools and students within them; many other states understand that too and have repealed their previously adopted systems accordingly. However, we recognize that the bills today seek to address problems with the underpinnings of the current accountability system.

ATPE testified on SB 2051 when it was heard in committee last month, and reiterated our input on the language again today. Our suggestions were focused on the addition of a teacher quality measure, inclusion of descriptive language to better communicate what scores under the domains mean, and differentiation between D and F rated schools, which are considered one and the same under current law. ATPE made it clear that a teacher quality measure should not be based on student standardized tests, which would only result in increased reliance on state testing and wouldn’t offer a very holistic picture of a campus or district since the majority of teachers don’t teach STAAR-tested subjects.

ATPE supported language in HB 22 as it made its way through and left the House. We hope much of the work done in that lower chamber will be included in a final bill. Stay tuned to Teach the Vote for more on action in the Senate Education Committee this busy legislative week.

Graduation committees advance in House hearing

The House Public Education Committee met Tuesday morning to consider a large agenda of Senate bills as the session winds down. The committee also approved the following bills Tuesday evening:

  • CSSB 463, which was heard earlier in the day. The bill would extend individual graduation committees (IGCs) through 2019.
  • SB 436, the Senate companion to HB 4226, which would require meetings of the Special Education Continuing Advisory Committee to be conducted in compliance with open meetings laws.
  • CSSB 529, the Senate companion to HB 2209, which would incorporate “universal design for learning” into the required training for all classroom teachers.
  • SB 585, the Senate companion to HB 545, which would require principals to allow “patriotic societies” such as Boy Scouts to speak to students about membership at the beginning of the school year.
  • SB 748, the Senate companion to HB 4027, which would add additional guidelines to the transition plan for special education students preparing to leave the public school system.
  • CSSB 1481, the Senate companion to HB 4140, which would rename the instructional materials allotment (IMA) the “instructional materials and technology allotment” and require districts to consider “open education resources” before purchasing instructional materials.
  • SB 1942, the Senate companion to HB 1692, which would allow a licensed handgun owner to store a firearm in a vehicle parked in the parking lot of a public school, open-enrollment charter school or private school. State Reps. Alma Allen (D-Houston) and Joe Deshotel (D-Beaumont) voted against the bill.
  • SB 2080, the Senate companion to HB 69, which would require each school district and open-enrollment charter school to include in the Public Education Information Management System (PEIMS) report the number of children with disabilities residing in a residential facility who are required to be tracked by the Residential Facility Monitoring (RFM) System and are receiving educational services from the district or school.

The meeting began with SB 1566 by state Sen. Lois Kolkhorst (R-Brenham), which would hand broad powers to local school boards to compel the testimony of district officials and obtain district documents. It would also require the Texas Education Agency (TEA) develop a website for boards to review campus and district academic achievement data.

House Public Education Committee meeting May 16, 2017.

House Public Education Committee meeting May 16, 2017.

SB 2131 by state Sen. Royce West (D-Dallas) would add requirements to counseling regarding postsecondary education, encouraging a focus on dual credit programs. ATPE supports this bill.

SB 1294 by state Sen. Dawn Buckingham (R-Lakeway) would prohibit “exclusive consultation,” ensuring that educators on campus-level advisory committees do not all belong to a single professional association. ATPE supports this bill.

SB 1660 by Sen. Taylor would allow districts to choose between using either minutes or days to calculate operation. According to the fiscal note, SB 1660 could cost the state $1.7 million through the biennium ending August 31, 2019.

SB 195 by state Sen. Sylvia Garcia (D-Houston) would allow additional transportation allotment funding to districts with children living within the two mile zone who are at a high risk of violence if they walk to school. In the fiscal note, the Legislative Budget Board indicated that there is insufficient data regarding the number of students who are at risk of violence to be able to calculate a fiscal impact. ATPE supports this bill.

SB 1854 by state Sen. Carlos Uresti (D-San Antonio) would require district-level committees to review paperwork requirements annually and recommend to the board of trustees instructional tasks that can be transferred to non-instructional staff. ATPE supports this bill.

SB 384 by state Sen. Konni Burton (R-Colleyville) would give the State Board of Education (SBOE) flexibility in scheduling end-of-course exams to avoid conflicts with AP/IB national tests.

SB 1883 by Sen. Campbell would modify the approval process for charter applicants and the review of charter operators. ATPE opposes the bill because the removal of elected officials from the charter school process is irresponsible. Adding unnecessary new appeal and review opportunities for charters only creates administrative bloat.

SB 1005 by state Sen. Donna Campbell (R-New Braunfels) would allow the use of the SAT or the ACT as a secondary exit-level assessment instrument to allow certain public school students to receive a high school diploma. The fiscal note estimates an annual cost of $2 million per year.

SB 1839 by state Sen. Bryan Hughes (R-Mineola) would create a certification for early childhood through grade three, and would grant the commissioner authority to set reciprocity rules regarding the ability of teachers from outside the state to obtain a certificate in Texas. ATPE believes that the State Board for Educator Certification (SBEC), as the official state body charged with the oversight of educator standards, is the more appropriate authority to set these rules.

SB 2270 by Sen. Lucio would create a pilot program in ESC Region 1 to provide additional pre-K funding for low-income students.

SB 1784 by Sen. Taylor would encourage the use of “open-source instructional materials.”

SB 2188 by Sen. Taylor would specify that a student who is 18 or older in an off home campus instructional arrangement is a full-time student if they receive 20 hours of contact a week. Part-time would be defined as between 10 and 20 contact hours per week. According to the fiscal note, SB 2188 would cost roughly $7 million through the next biennium. ATPE supports this bill.

SB 463 by state Sen. Kel Seliger (R-Amarillo) would extend individual graduation committees (IGCs) to 2019 and order the Texas Higher Education Coordinating Board to compile a report tracking the progress of IGC graduates. ATPE supports this bill.

SB 2039 by state Sen. Judith Zaffirini (D-Laredo) would develop instructional modules and training for public schools on the prevention of sexual abuse and sex trafficking. ATPE supports this bill.

SB 1483 by Sen. Taylor would establish a grant program to implement a technology lending program to provide students with electronic instructional materials. The program would be funded through instructional materials fund. The fiscal note anticipates no additional cost, but indicated the commissioner could use up to $25 million of existing funds from the instructional materials fund each biennium.

SB 1398 by Sen. Lucio makes lots of clarifying and limiting changes to the classroom video camera law. Among them, the bill would require requests in writing and only require equipment in classrooms or settings in which the child is in regular attendance or to which the staff member is assigned.

SB 1122 by state Sen. Donald Huffines (R-Dallas) would create a mechanism to abolish Dallas County Schools, one of two remaining county school districts in the state, which primarily provides transportation services to multiple independent school districts in the Dallas area.

SB 1886 by state Sen. Paul Bettencourt (R-Houston) would create an office of the inspector general at TEA appointed by the commissioner to prevent and detect criminal activity in districts, charter schools, and education service centers (ESCs). The bill would allow the new TEA inspector general to issue subpoenas in order to secure evidence.

SB 490 by state Sen. Eddie Lucio, Jr. (D-Brownsville) would require a report on the number of school counselors at each campus. ATPE supports this bill.

SB 1484 by Sen. Taylor would create a web portal and instructional materials repository to assist schools in selecting open education resources. The bill provides for a third party to provide independent analysis regarding TEKS alignment. According to the fiscal note, SB 1484 would not require additional state funding, but would result in an additional cost of $1.85 million in fiscal year 2018 and $450,000 in subsequent years that would be paid from existing instructional materials funding.

SB 1658 by Sen. Taylor would make changes to laws regarding the ownership, sale, lease, and disposition of property and management of assets of an open-enrollment charter school.

SB 2078 by Sen. Taylor would require TEA develop a model multi-hazard emergency operations plan and create a cycle of review. The fiscal note anticipates a fiscal impact of roughly $215,000 per year.

SB 2144 by Sen. Taylor would create a commission to recommend improvements to the public school finance system. ATPE supports this bill.

Teach the Vote’s Week in Review: May 12, 2017

While you were STAAR testing, here are stories from the Texas Capitol this busy week:

 


NO VOUCHERSThis week’s major legislative news included a new voucher alert, courtesy of the Senate Education Committee. The committee announced on short notice a hearing of a major school finance bill, House Bill 21 by Rep. Dan Huberty (R-Kingwood), who chairs the House Public Education Committee. ATPE was one of numerous education groups signed up to testify in support of the bill, but we were forced to change our position with the surprise announcement from Senate Education Committee Chairman Larry Taylor (R-Friendswood) that a private school voucher was being added to the bill.

Witnesses including ATPE testified against HB 21 Thursday based on the addition of the educational savings account (ESA) voucher for students with special needs. The addition of the voucher language is disappointing for many hoping to see progress on school finance reform this session. Earlier this week, we republished a blog post from the Center for Public Policy Priorities about the status of school finance legislation this session. Chairman Huberty has described his bill as a start to work that could take two or three sessions to overhaul the state’s school funding system. He and other House leaders have made it clear that the lower chamber has no interest in accepting a voucher bill this session.

The Senate’s substitute version of HB 21 was voted out by the Senate Education Committee on Thursday evening by a vote of 7 to 1. It is expected to be placed on a calendar soon for consideration by the full Senate, which is likely to pass the voucher measure.

17_web_Spotlight_AdvocacyCentral_1

ATPE is urging members to contact their senators with messages opposing HB 21 in its current form, and ask their state representatives to reject the Senate’s version and strip out the voucher provision from the school finance bill. ATPE members can visit Advocacy Central for sample messages and rapid communication tools.

For more on the voucher plan that was added to HB 21, check out this Teach the Vote blog post from Thursday. Also, read the latest blog post from ATPE Lobbyist Kate Kuhlmann with a rundown of all the major activity in the Texas Senate this week.

 


Texas House of Representatives stands adjourned as committees meet, May 4, 2017.

This was a week of dramatic late-session deadlines in the Texas House, which prompted more than a few verbal skirmishes on the House floor. Last night at midnight was the deadline for most House bills to be considered on second reading, while today was the corresponding deadline for passing those bills on third reading. Yesterday’s lively and lengthy floor session was punctuated by emotional pleas from some members to pass bills of personal interest, as a handful of the House’s most conservative members employed various tactics to stall the debate and force dozens of bills off the calendar, including a bill relating to school lunches. One very significant bill that barely missed the pivotal midnight deadline was a sunset measure for the Texas Department of Transportation; if no such sunset bill passes this session, the governor would be forced to call a special session to avoid the automatic dissolution of the state agency. Fortunately, the TxDOT sunset bill has a Senate companion that remains alive at this stage.

Relatively few education bills were on the House calendars for yesterday and today, but a few high-profile bills did pass the House this week. Today, the House gave final approval to Senate Bill 179, known as David’s Law. The ATPE-supported bill by Sen. Jose Menendez (D-San Antonio) and sponsored in the House by Rep. Ina Minjarez (D-San Antonio) aims to prevent teen suicides and curb cyberbullying. Earlier in the week, the House unanimously passed Senate Bill 7 by Sen. Paul Bettencourt, dealing with educator misconduct. Read more about the bill in this blog post from ATPE Lobbyist Mark Wiggins.

With the passage of the deadlines for House bills to make it out of their chamber of origin, the House Public Education Committee is turning its full attention now to Senate bills. Its next hearing on Tuesday features an agenda with two dozen bills. For more on the bills that were considered this week in the House, view the recent blog posts from ATPE Lobbyist Mark Wiggins here, here, and here.

 


 

Teach the Vote’s Week in Review: May 5, 2017

Here are education news stories you might have missed this week from ATPE Governmental Relations:

 


ThinkstockPhotos-455285291_gavelA settlement agreement was executed Wednesday between ATPE and three other teacher groups that sued the state over the commissioner’s T-TESS rules for teacher evaluation. Under terms of the settlement, Commissioner of Education Mike Morath will revise the T-TESS rules to eliminate requirements that districts use four specific methods, including controversial Value-Added Measures, to evaluate student growth for purposes of teacher appraisals.

Read more about the settlement here.

 


ThinkstockPhotos-99674144We’ve reached the 117th day of the 85th legislative session with only three full weeks left for lawmakers to pass a state budget. Monday, May 8, is the first of several important session deadlines approaching quickly: the last day for House committees to report out House bills. House bills that don’t make it out of a House committee by then will be considered procedurally dead, although many “dead” bills can still resurface in the form of companion bills or amendments to other bills. Committees, especially on the House side, had a busy week of hearings ahead of the deadlines, and several late nights of floor debate. The House is scheduled to hold a Saturday session tomorrow, too.

Several significant education bills made it through either the House or Senate chamber this week, as reported by ATPE’s lobbyists. In the Senate, a popular bill passed to extend the law allowing the continuation of individual graduation committees for certain high school students unable to pass all required STAAR tests. Sen. Kel Seliger’s (R-Amarillo) SB 463 now heads to the House for consideration. The Senate also approved an amended version of SB 179 by Sen. Jose Menendez (D-San Antonio), an anti-bullying measure known as David’s Law. Other bills passing the Senate this week dealt with educator certification, charter schools, and a study on school finance. For more about the Senate’s work this week, check out this blog post from ATPE Lobbyist Kate Kuhlmann.

In the lower chamber, House Public Education Committee Chairman Dan Huberty (R-Kingwood) saw two more of his most significant bills pass the full House this week. HB 22 improves the state’s “A through F” accountability system for schools by condensing the number of domains from five to three and eliminating the overall summative grade that would have been assigned to schools. An ATPE-supported floor amendment by Rep. Gary VanDeaver (R-New Boston) also calls for the Texas Education Agency to supply narrative descriptions of the ratings assigned in an effort to help parents and the public better understand their significance. Another ATPE-supported floor amendment by Rep. Jason Isaac (R-Dripping Springs) that would have further reduced the emphasis on student test scores in the accountability system was rejected. Huberty’s HB 23 also got a nod of approval from the House; the bill creates a grant program to help public schools, including charter schools, offer specialty services for students with disabilities. An attempted floor amendment by Rep. Ron Simmons (R-Carrollton) that would have funded private school vouchers was withdrawn during the debate. The House also approved Rep. VanDeaver’s HB 515, an ATPE-supported bill that reduces mandatory testing. Also, HB 3976 by Rep. Trent Ashby (R-Lufkin), offering changes to try to shore up the TRS-Care health insurance program for retired educators, passed the House on a 140-0 vote yesterday.

Numerous bills made it past the House Public Education Committee this week as reported by ATPE Lobbyist Mark Wiggins. For complete details, check out his latest blog posts here, here, and here.

 


 

 

ATPE settles lawsuit over state’s teacher evaluation system

ThinkstockPhotos-487217874_breakingATPE and other parties to a lawsuit over the state’s new recommended teacher appraisal system known as T-TESS have reached a settlement agreement.

ATPE and three other teacher associations sued the state in April 2016 alleging that new commissioner’s rules to implement T-TESS violated state laws and were against public policy. Through the Office of the Attorney General, which represented the Texas Education Agency in the lawsuit, Commissioner of Education Mike Morath has agreed to revise the rules in exchange for the four teacher groups’ suspending their legal challenges.

The terms of the settlement agreement call for removal of language in the commissioner’s rules that require districts to employ four specific student growth measures in evaluating teachers under the T-TESS model. One of those four criteria was “value-added data based on student state assessment results,” often called Value-Added Measurement or Value-Added Modeling (VAM). ATPE has long criticized the use of VAM for high-stakes purposes based on concerns about the validity and fairness of the controversial model.

‘VAM attempts to use complex statistical calculations on students’ standardized test scores in previous years to predict how well a student should perform on future tests; the resulting test performance of an individual student – not accounting for myriad outside factors – is supposed to magically show whether that student’s most recent teacher was effective or not,” said ATPE Governmental Relations Director Jennifer Canaday at the time the lawsuits challenging the rules were filed.

ATPE Member Legal Services Director Donna Derryberry described the compromise struck this week as one that “will give districts more local control over their appraisal process” without being required to use VAM. “This is a great victory for all Texas teachers,” added Derryberry, “and ATPE is proud to have been instrumental in this settlement.”

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

Here’s this week’s wrap-up of education news from the ATPE lobbyists:

 


ATPE lobbyist Monty Exter testifying before the House Public Education Committee, April 27, 2017.

ATPE Lobbyist Monty Exter testifying before the House Public Education Committee, April 27, 2017.

The House Committee on Public Education worked overnight and into the early hours this Friday morning hearing testimony on bills, including some aimed at funding private school voucher programs. Imminent end-of-session deadlines combined with a lengthy, high-profile floor debate this week on sanctuary cities resulted in late night hearings on many education bills. ATPE Lobbyist Mark Wiggins provided a comprehensive blog update on the Thursday proceedings at which the committee voted on 15 bills previously heard and took testimony on 26 additional bills.

Bills heard by the committee overnight included a version of the “Tim Tebow” bill to allow home-schooled students to participate in UIL activities, plus a pair of bills by Rep. Ron Simmons (R-Carrollton) aimed at using public education dollars to help students qualifying for special education receive private education or therapies. ATPE Lobbyist Monty Exter provided testimony on both bills, suggesting alternative ways to help ensure that students with special needs have access to appropriate services while maintaining accountability and the integrity of the public school system.

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ATPE Lobbyist Mark Wiggins testifying before the House Public Education Committee, April 25, 2017.

With end-of-session deadlines looming, the House Public Education Committee packed in hearings of numerous bills this week. ATPE Lobbyist Mark Wiggins reported on the committee’s Tuesday meetings, which included discussions of Districts of Innovation and scheduling the school year, always a controversial subject. The committee also heard HB 1333 by Rep. Jason Isaac (R-Dripping Springs), aimed partially at reducing standardized testing in Texas. For more on the committee’s conversation about testing, read this piece by The Texas Tribune republished here on our blog, which also refers to testimony given by ATPE Lobbyist Monty Exter. ATPE’s Wiggins also testified in support of funding for high-quality pre-K programs during Tuesday’s hearing.

The House Public Education Committee also met briefly on Monday to take votes on additional bills heard earlier this session. As reported by ATPE’s Mark Wiggins, the committee approved bills to eliminate state tests for writing and social studies, allow children of military families to enroll full-time in the state’s virtual school network, and provide mentoring and professional development for new teachers. In a rare move, committee members also voted against a bill dealing with charter school liability and zoning laws.

The committee will meet again Tuesday, May 2, with another lengthy agenda of bills hoping to survive the May 8 deadline for House committees to favorably report out any House bills that may still be eligible for floor debate.

 


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ATPE Lobbyist Kate Kuhlmann testifying before the Senate Education Committee, April 27, 2017.

Over in the Texas Senate, proposals to change the state’s beleaguered “A through F” accountability system were in the spotlight. As ATPE Lobbyist Kate Kuhlmann reported yesterday on our blog, the Senate Education Committee heard bills this week by Chairman Larry Taylor (R-Friendswood) and Sen. Charles Perry (R-Lubbock), both aimed at redesigning the state accountability system to incorporate different indicators and calculations. Testifying on ATPE’s behalf, Kuhlmann urged the committee to consider integrating measures associated with teacher quality into the system but cautioned against the over-reliance on student test score data. Taylor’s SB 2051 and Perry’s SB 1173 were both left pending.

Also testifying before the Senate Education Committee was Commissioner of Education Mike Morath, who used the opportunity to promote the Texas Education Agency’s new Confidential Student Report (CSR). The revamped reporting tool for parents was rolled out by TEA this week. Morath and will soon be linked to a new CSR website with additional resources related to STAAR testing.

Meanwhile, the Texas House is preparing to debate another major bill dealing with A-F on the House floor next week. HB 22 by House Public Education Committee Chairman Dan Huberty (R-Kingwood) was approved by that committee on April 4, and is now scheduled on the House calendar for floor debate on Wednesday, May 3. Stay tuned to Teach the Vote for updates next week.

 


Yesterday, the Texas House approved a gradual phase-out of the business margins or franchise tax that generates revenue for public education. HB 28 by Rep. Dennis Bonnen (R-Angleton) passed the House on a 96-39 vote mostly along party lines. The bill would target the unpopular business tax for gradual elimination starting in 2019. For more on the bill, read this week’s coverage by The Texas Tribune. The measure will head next to the Senate for consideration, but even if it passes, it has no direct bearing on the budget currently being considered by the legislature the next two years.

17_web_Spotlight_AdvocacyCentral_1A conference committee appointed by both chambers to iron out differences in the House and Senate budget plans for SB 1 began its meetings earlier this week. ATPE encourages educators to contact members of the conference committee and urge them to send a budget compromise that adequately accommodates public education needs to the full legislature for swift approval. ATPE members can visit Advocacy Central to send messages to their lawmakers.

 


ThinkstockPhotos-481431733Stakeholders in the Teacher Retirement System (TRS) have a few more days left to cast a ballot for one of two open seats on the TRS Board of Trustees. Active members of TRS are invited to vote on a new at-large seat to be appointed by Gov. Greg Abbott based on the three highest vote-earners. Retired TRS members may vote on the at-large position, as well as a retiree position on the board. Voting closes on Friday, May 5, 2017. Learn more on the TRS website here.

 


 

From The Texas Tribune: Texas teachers have mixed opinions on bid to reduce state tests

April 25, 2017

 

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State Rep. Jason Isaac, R-Dripping Springs, on the floor of the House on May 15, 2015. Photo by Bob Daemmrich.

Jennifer Stratton said her third-grade son has been on the honor roll for the last three quarters but is anxious his progress could be erased if he does poorly on standardized tests.

She testified Tuesday before the House Public Education Committee to support House Bill 1333, which would scale back the number of required standardized tests and reduce its importance in rating schools and districts.

HB 1333 is one of several this session aimed at limiting the high stakes of standardized testing across the state.

The House is expected to soon hear a bill that would radically change the proposed A-F accountability system to be more palatable to educators, who do not want their ratings tied to the State of Texas Assessments of Academic Readiness (STAAR) exams. And the Senate could pass a bill as soon as this week allowing students who fail required exams to graduate by submitting alternative coursework to a committee of teachers and administrators.

HB 1333, proposed by Rep. Jason Isaac, R-Dripping Springs, would slash the number of required state tests from 22 to 17, allow districts to choose their own test providers with state oversight, reduce the weight of the state STAAR exam when rating schools and districts, and allow districts to use national exams as alternative tests with federal approval. It would also disallow using student test scores to evaluate teachers.

“Students and educators are stressed — and rightfully so — preparing,” Isaac said Tuesday. “Taking the 22 exams required by state law steals valuable time from the children we are preparing to become the next leaders of our state and nation.”

Monty Exter, who represents the Association of Texas Professional Educators, said he supported most of the components of Isaac’s bill but not the provision that would let districts across the state use different tests.

Standardized tests are useful to compare data between different districts, especially when it comes to disadvantaged groups of students, he said.

Texas Aspires, a nonpartisan group that lobbies for increased testing and stricter accountability for schools, organized a few parents and teachers to testify against Isaac’s bill.

Stefanie Garcia, a teacher in Keller ISD, said her students failed the STAAR exam because they had not absorbed the content and were not on track to move up a grade level. “Before, no one noticed that they could not really read and write,” she said.

Weakening the system that holds educators and schools accountable for student learning would mean more students would slip through the cracks, she said. “Because that failure actually mattered, now they are ready to graduate,” she said.

Molly Weiner, director of policy for Texas Aspires, argued Isaac’s bill would cut out standardized tests in subjects that are important for measuring student growth. “For the system to work, we need objective comparative data and it must be weighted heavily in our accountability system,” she said.

A State Board of Education survey in 2016 showed parents, teachers, students and business leaders agree state test results should not be tied to high school graduation or promotion to the next grade level. Instead, they want test scores to be used to see where specific students need more support.

Read related Tribune coverage:

  • The House Public Education Committee passed a bill to overhaul a proposal to give schools and districts grades between A and F, to try and get educators on board with the accountability system.
  • The Texas Senate Education Committee heard Tuesday from supporters, and a few critics, of a bill that would make permanent a 2015 law that allows students to graduate even if they haven’t passed their required exams by going before a graduation committee.

Disclosure: The Association of Texas Professional Educators has been a financial supporter of The Texas Tribune. A complete list of Tribune donors and sponsors can be viewed here.

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2017/04/25/house-panel-hears-teachers-proposal-decrease-testing/.

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

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.