Tag Archives: U.S. Department of Education

A-F fix takes center stage in House Public Education

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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

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

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

 


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

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

 


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

 


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

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

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

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

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

Gary G. Godsey

Gary G. Godsey

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

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

 


In other news this week:

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

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

Donna Bahorich

Donna Bahorich

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

 


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

 

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

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

President Trump’s 2018 budget proposal

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

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

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

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

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

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

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

New ESSA guidance on state plans

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

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

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

 

Federal Update: Obama education regulations likely to be repealed

medwt16002Two Obama administration rules involving teacher preparation and accountability are in the process of being scrapped. Last month, the U.S. House of Representatives voted to block recently finalized regulations involving teacher preparation and accountability, and the U.S. Senate did the same this week. The resolution to repeal the rules is now on its way to President Trump’s desk for final approval.

The teacher preparation rules were released in October after years of delay due to significant opposition from some stakeholders. The final version did include revisions to temper concerns, but the original proposal remained largely intact. The accountability rules were a piece of the much bigger set of regulations implementing the Every Student Succeeds Act (ESSA), and involved a much more contentious debate on the Senate floor. The Senate narrowly passed the repeal measure. (Eight Democrats joined Republicans in voting the repeal the teacher preparation rules, but no Democrats voted to dismantle the accountability rules and one Republican joined them in opposition.)

Proponents of scrapping the regulations say the rules represent federal overreach and fail to convey the intent of Congress. Critics of the repeal believe strong standards are needed in order to hold teacher preparation programs and schools accountable. President Trump is widely expected to sign the rule repeals.

Interestingly, the Congressional Review Act prohibits agencies from issuing new rules in “substantially the same form” without Congress passing a new law that explicitly allows them to do so. While the teacher preparation rules could be readdressed in a more timely manner, since Congress is due to rewrite the Higher Education Act, a new law pertaining to accountability is likely years out.

In the meantime, states will have to rely on statutory language of ESSA to remain compliant under the law. The timing of the effort to do away with these administrative rules interpreting ESSA has created some ambiguity for states that are currently in the process of developing their required state plans for implementing the federal law. Some states have already announced that they will proceed with ESSA state plans that were being developed in alignment with the regulations previously put out by the Obama administration, even though those regulations may no longer be in effect going forward.

Teach the Vote’s Week in Review: Feb. 10, 2017

We’re gearing up for a big hearing on an anti-educator bill next week at the Texas State Capitol. Here’s more news for you to know:

 


The Senate Committee on State Affairs is set to hear Senate Bill 13 on Monday, Feb. 13. The bill by Sen. Joan Huffman (R-Houston), who also chairs the committee, would ban educators from using payroll deduction for their voluntary association dues, while protecting other public employees’ rights to do the same for their association or union membership dues.

Both the governor and lieutenant governor have prioritized passing a bill to end payroll deduction for what they misleadingly refer to as a use of “taxpayer resources to collect union dues.” ATPE has pointed out that no taxpayer resources are required for the processing of dues deductions. We’ve also shown that the bills being pushed forward, Huffman’s SB 13 and the identical House Bill 510 by Rep. Sarah Davis (R-West University Hills), actually punish many educators who join non-union groups while protecting the right of other public employees to continue to deduct their dues, even for unions.

STOP2In a press release issued by ATPE this week, Executive Director Gary Godsey highlighted the political motive behind the bills: “If fewer educators are able to join a professional organization, it will be harder for groups like ATPE to fight back when lawmakers try to privatize Texas public schools or cut teachers’ pay and benefits.” ATPE is urging educators who are concerned about this attempt to shut down their future advocacy efforts on behalf of the education profession and the students they serve to contact their legislators. Several ATPE members plan to attend Monday’s hearing and visit legislative offices that day to share their opposition to SB 13.

“The legislators supporting these bills are trying to shut teachers up, and we won’t stand for it,” said ATPE’s Godsey. “How teachers spend their paycheck should be their decision and theirs alone.”

 


Members of the Texas House of Representatives received their committee assignments this week for the 85th legislative session. Two of the most important committees for education-related concerns – the House Committees on Appropriations and Public Education – have new leaders as a result of the retirement of legislators who chaired those committees before. Read more about which legislators will be playing pivotal roles this session in steering education-related bills through the legislative process.

 


The U.S. Senate voted to confirm Secretary of Education Betsy DeVos on Tuesday in an unprecedented cabinet confirmation that required Vice President Mike Pence to cast a tie breaking vote. Senators were literally split on her confirmation; two Republican Senators joined all Democrats in opposing her nomination, which resulted in a 50-50 tie. Vice President Pence’s favorable vote sealed her confirmation. ATPE Lobbyist Kate Kuhlmann reports on the vote and shares ATPE’s response here.

On the other side of the Capitol that same day, the U.S. House voted to overturn two Obama administration regulations dealing with accountability under the Every Student Succeeds Act (ESSA) and teacher preparation, respectively. ATPE’s Kuhlmann has reported on the release of both regulations (accountability here and teacher preparation here) and mentioned the uncertain future of many recently finalized regulations under the new Congress and Trump administration. These measures must still get through the U.S. Senate before going to President Trump’s desk for a signature, but should they, newly confirmed Secretary DeVos would oversee the implementation of any new regulations

 


NO VOUCHERSStop us if you’ve heard this one. Among Lt. Gov. Dan Patrick’s top three priorities for the 85th legislative session is enacting private school vouchers. His signature voucher legislation for 2017 is Senate Bill 3, being carried by Sen. Larry Taylor (R-Friendswood), who also chairs a Senate Education Committee stacked with voucher proponents. This week, ATPE Lobbyist Monty Exter offers an in-depth look at what’s in SB 3, how voucher funds could be used under the Senate’s proposal, and the many opportunities for perverse results. Learn more in this blog post.

 


Senate confirms Betsy DeVos with help from Vice President

The U.S. Senate voted today to confirm Betsy DeVos as U.S. Secretary of Education. Senators were literally split on her nomination, a 50-50 tie. The anticipated scenario meant Vice President Mike Pence was on hand to break the tie, and his favorable vote sealed her confirmation.

Two Republican senators announced last week that they would vote against DeVos, which meant just one more Republican senator needed to join Democrats in opposing her nomination in order to block her confirmation. Despite reports that Senate offices were flooded with messages from constituents and despite targeted communication efforts aimed at a few seemingly sympathetic Senate Republicans, no additional “no” vote was identified. Interestingly, today was the first time the Vice President has broken a tie vote for a cabinet nominee.

ATPE weighed in on DeVos’s confirmation once it was final. In a statement to the press, I shared our intent to work collaboratively with DeVos and our hope that she “will focus her energy on supporting the only school system that supports all children — the public school system.” We will continue to work in conjunction with our federal relations team to ensure the voice of Texas educators and ATPE members is heard in Washington.

Teach the Vote’s Week in Review: Feb. 3, 2017

Happy Friday! Here’s a look at this week’s education news highlights:

 


The full U.S. Senate is expected to vote Monday on the confirmation of Betsy DeVos to become Secretary of Education. DeVos arguably has been President Donald Trump’s most controversial cabinet pick. As proof of just how much disagreement exists over DeVos, Monday’s vote is predicted to come down to a 50-50 split, forcing Vice President Mike Pence to cast a rare tie-breaking vote to confirm the nominee. Read more in this most recent blog post from ATPE Lobbyist Kate Kuhlmann, and visit ATPE’s Advocacy Central if you’d like to send a message this weekend to U.S. Senators John Cornyn (R-TX) and Ted Cruz (R-TX) about Betsy DeVos. (Member login is required to access Advocacy Central.)

 


SBOE logoThe State Board of Education (SBOE) met this week, and ATPE Lobbyist Mark Wiggins was there to cover all the action. Check out Mark’s latest blog post about new committee assignments for the board members, changes that are in the works to some curriculum standards, charter school finances, and more.

 


For months, Lt. Gov. Dan Patrick has been touting his major private school voucher legislation that will be pushed hard this legislative session. This week we finally got the first look at his signature voucher bill for 2017, which is Senate Bill 3 being carried by Sen. Larry Taylor (R-Friendswood). The bill filed on Monday calls for both corporate tax credit “scholarships” for private schools, as well as education savings accounts (ESAs). The latter would offer a debit card for parents, pre-funded with taxpayer dollars to be used for private school tuition, home school costs, or even college savings.

On more positive note, Rep. Jason Isaac (R-Dripping Springs) this week filed a new bill aimed at reducing standardized testing. House Bill 1333 calls for delinking teacher evaluations from student test scores, but the measure would also require Texas to seek a waiver of federal laws that require several tests currently administered to students starting in grade three and moving through the high school grades.

17_web_Spotlight_AdvocacyCentral_1

Stay tuned next week as ATPE Lobbyist Monty Exter will offer an in-depth look at SB 3 and the voucher debate for our blog. We’ll also have more on the newly filed testing bill, HB 1333. ATPE members can read more about these bills and all our legislative priorities over on Advocacy Central.

 


ThinkstockPhotos-99674144Governor Greg Abbott delivered his State of the State address to a joint session of the 85th Legislature on Tuesday. It was an opportunity for the governor to share his declared “emergency items” earmarked for earliest consideration this session, but no education issues made that list. The governor did still talk about some legislative priorities of his that relate to education.

Gov. Abbott urged lawmakers to work on an overhaul of the beleaguered school finance system and reiterated his strong support for pre-K programs, as long as they are done the “right” way. He also encouraged lawmakers to do something about the small number of teachers who’ve engaged in inappropriate relationships with students and strengthen reporting laws to address school administrations that have allowed some of those individuals to move on to jobs in other districts rather than being excised from the profession permanently.

Unfortunately, the governor also expressed support for private school voucher legislation and praised two lawmakers who have filed bills to ban educators from using payroll deduction for their association dues. Adding his voice to those spreading misinformation about the payroll deduction issue, Gov. Abbott stated, “Taxpayer resources should not be used for that.” ATPE and other groups have pointed out that payroll deduction for association dues produces no cost to taxpayers. State law even specifically authorizes school districts to charge associations like ATPE a fee if any such costs ever did arise.

The governor’s reference to taxpayer burdens that don’t exist is yet another example of the misleading information being spread about these two so-called “union dues” bills. The bills are being pushed mainly by business groups that have complained vociferously about anti-business activities by certain organized labor unions. But the bills filed, Senate Bill 13 by Sen. Joan Huffman (R-Houston) and House Bill 510 by Rep. Sarah Davis (R-Houston), have no impact on private businesses whatsoever.

This week, Sen. Robert Nichols (R-Jacksonville) signed on as a co-author of Senate Bill 13, joining a handful of other senators backing the bill. The House version includes two co-authors: Rep. Drew Darby (R-San Angelo) and Rep. Tan Parker (R-Flower Mound).

Both of these bills unfairly target educators for retaliation against their decisions to join professional associations like ATPE. While being touted as “union dues” bills, the measures actually affect groups that aren’t unionized, including ATPE, and they specifically exempt certain other public employees who would continue to benefit from payroll deduction for their union dues. The decision to single out educators while exempting other public employees highlights the political and discriminatory nature of these bills, which are clearly meant to silence the voices of educators on hot-button issues like private school vouchers, public pension reform, testing and accountability, and labeling public schools as failures.

Educators are urged to send messages to their lawmakers about these harmful payroll deduction bills that are tied directly to other legislative efforts to destroy public education. It’s easy for ATPE members to send a message, call, tweet, or communicate with lawmakers via Facebook using our communication tools at Advocacy Central.

 


ATPE members, today is your last day to register for ATPE at the Capitol, our political involvement training and lobby day event scheduled for March 5-6, 2017, at the Renaissance Austin Hotel and the Texas State Capitol. Be sure to sign up for our political involvement training and lobby day activities here, and don’t forget to book your hotel rooms and submit any requests for travel incentives by today, too. (ATPE member login is required to register for ATPE at the Capitol. Contact the ATPE state office if you need assistance logging in.)

Our training event on Sunday, March 5, features an opening keynote address by John Kuhn, presentations by the ATPE lobbyists, and a panel discussion with legislative leaders sharing their perspectives on the issues. Our website includes a schedule for Senate meetings and more details. Check it all out here. We look forward to seeing hundreds of ATPE members next month in Austin!

Final DeVos confirmation vote anticipated Monday

The nomination of Betsy DeVos to become the U.S. Secretary of Education advanced to the Senate floor this week. The full Senate is expected to take a final vote on her nomination Monday.

The Senate Health, Education, Labor, and Pensions (HELP) Committee advanced her nomination out of committee Tuesday on a party line vote, with all Republicans voting in favor and all Democrats opposing the advancement of her nomination out of committee. Two Republicans expressed uncertainty during the committee but ultimately voted in favor at that time; they later said they will oppose her nomination on the Senate floor. Without an additional identified “no’ vote, this creates a tie vote, with 50 senators expected to vote for her nomination and 50 expected to vote against. Under that scenario, the Vice President breaks the tie, meaning DeVos would seek confirmation through the help of Vice President Mike Pence.

17_web_Spotlight_AdvocacyCentral_1All reports still suggest that Texas’s two senators are poised to vote in favor of her nomination. Senator John Cornyn (R-TX) told CNN this morning that concerns over DeVos were not fair, adding, “If people think our public education system is perfect, then I guess they don’t think we need to have any changes or any choices for students and their families,” he said. “I certainly think we do.” ATPE members can still log on to Advocacy Central to express their position on the nomination of Betsy DeVos by writing, calling, or contacting their Texas senators via social media.

Meanwhile, on the other side of the Capitol, the U.S. House Education and the Workforce Committee is quickly pressing forward on something seen as a huge opportunity under the Trump Administration: vouchers. The Subcommittee on Early Childhood, Elementary, and Secondary Education held a hearing this week entitled, “Helping Students Succeed Through the Power of School Choice.” Among the invited testifiers was Former Texas Commissioner of Education Michael Williams. He advocated for “private school choice” and encouraged the federal government to leave accountability up to states. The full hearing can be viewed here.

DeVos nomination heads to Senate floor while opposition votes grow

 

The U.S. Senate Health, Education, Labor, and Pensions (HELP) Committee advanced the nomination of Betsy DeVos to the Senate floor on Tuesday. The 12-11 vote broke down on party lines, with all Republicans voting in favor and all Democrats opposed to the vote. However, two Republicans expressed some indecision during the hearing and later confirmed they’ll vote against her nomination on the Senate floor.

E

The partisan breakdown over the nomination of Betsy DeVos has been on display since her confirmation hearing. The vote this week was no exception. HELP Committee Chairman Lamar Alexander (R-TN) continued to express his support for the nominee and denied a request from Ranking Member Patty Murray (D-WA) to delay the vote. Alexander called DeVos the “most questioned” education secretary in Senate history, which again had Murray pointing to the fact that this nominee is different from previous education secretaries and more time is needed in order to adequately vet the nominee.

This time, however, Alexander didn’t seem to have the full backing of all of his Republican colleagues on the committee. Two Republican Senators, Senator Lisa Murkowski (R-WA) and Senator Susan Collins (R-ME), expressed uncertainty with regard to their position on DeVos’s nomination. Both ultimately advanced the nomination to the Senate floor, but acknowledged the nominee had not yet earned their full support.

Today, both Republican senators announced that they have decided to oppose DeVos’s nomination when a vote is taken on the Senate floor. This is a big development as now only one additional Republican would need to join Democrats in opposing DeVos in order to block her confirmation. A simple majority on the Senate floor is all that is needed to confirm DeVos.

Opposition has grown since DeVos fumbled her confirmation hearing and calls to Senate offices have increased. The opposition has expressed serious concerns over DeVos’s credentials, lack of commitment to public education, understanding of federal law, and financial connections and contributions, among others. Murray asked for Tuesday’s committee vote on the nominee to be delayed in order to have more time to review DeVos’s responses to questions senators were not given time to ask during her confirmation hearing. Answers to most of the follow-up questions asked of DeVos can be found here.

17_web_Spotlight_AdvocacyCentral_1Texas Senators John Cornyn and Ted Cruz will now have a chance to vote on Betsy DeVos when her confirmation vote hits the Senate floor. ATPE members can access Advocacy Central to write, call, or contact their senators via social media and express their position on the nomination of Betsy DeVos. A date for the final vote has not been set.

Related Content: The U.S. House Education and the Workforce Subcommittee on Early Childhood, Elementary, and Secondary Education will meet tomorrow (Thursday, Feb. 2, 2017) for a hearing entitled, “Helping Students Succeed Through the Power of School Choice.” Among the invited testifiers is Former Texas Commissioner of Education Michael Williams. Read more about the hearing and access to information to view the hearing live here.

Teach the Vote’s Week in Review: Jan. 27, 2017

Here are this week’s news highlights and a preview of education-related happenings next week:


office binders draft billAmid all the bills that will be filed for this session, the only one that the 85th Texas Legislature must pass is the state budget for the next two years. Legislative leaders in both the House and Senate last week revealed early plans for a new state budget, but the Senate was quick to convene hearings this week to flesh out the details for its proposal, housed in Senate Bill (SB) 1. ATPE Lobbyist Monty Exter attended those hearings and testified Tuesday on behalf of ATPE. Read his blog post to learn more about the budget hearings, along with a joint meeting of the Senate Education Committee and a Senate Finance work group on school finance that took place today. For the latest developments, you can also follow @TeachtheVote or any of our individual lobbyists on Twitter.

 


President Donald Trump’s nominee to oversee the U.S. Education Department (ED) continues to rankle educators and concerned parents nationwide. Betsy DeVos, the Michigan billionaire tapped to become the next Secretary of Education, is now the subject of a deluge of calls and letters to Capitol Hill.

ATPE Lobbyist Kate Kuhlmann has been writing about the confirmation process, including a confirmation hearing last week before the U.S. Senate Health, Education, Labor, and Pensions (HELP) Committee that did not go smoothly for DeVos. Many Democrats in the Senate have publicly announced their intentions to vote against confirming DeVos, largely due to concerns about her lack of public education experience, her outspoken advocacy for privatization, and concerns about conflicts of interest revealed during a required ethics review.From all indications, however, DeVos continues to enjoy the support of the Republican majority.

The HELP committee is scheduled to take a vote on DeVos’s nomination on Tuesday, Jan. 31, after which the full Senate will weigh in on her confirmation. ATPE members who would like to communicate with U.S. Senators John Cornyn (R-TX) and Ted Cruz (R-TX) about Betsy DeVos are encouraged to use our simple tools at Advocacy Central (member login is required). Sample phone scripts and email messages are provided for your convenience. Learn more here.

 


ATPE Lobbyist Mark Wiggins reports that the State Board of Education (SBOE) will meet next week in Austin, where two new members will be sworn in alongside those reelected in November.

Georgina C. Pérez (D-El Paso) and Keven Ellis (R-Lufkin) will be the two new faces on the board. ATPE had a chance to visit with each at an orientation meeting before the holiday break. Pérez is a retired teacher, and has many former students on staff. A lifelong El Paso resident, Pérez runs an organization that builds libraries in poor communities. Ellis is a former school board member, and fills the seat previously held by Thomas Ratliff (R-Mount Pleasant). Ellis is an Aggie dad and chiropractor. Both freshmen expressed hope for a productive year on the board.

Donna Bahorich

Donna Bahorich

Members Ken Mercer (R-San Antonio), Donna Bahorich  (R-Houston), Barbara Cargill (R-The Woodlands), Tom Maynard (R-Florence), Sue Melton-Malone (R-Robinson) and Marty Rowley (R-Amarillo) won reelection to the body. Earlier this week, Gov. Greg Abbott reappointed Bahorich to chair the 15-member board. Resuming her role as chair effective February 1, her new term will expire February 1, 2019. The board will elect a vice-chair and secretary and assign committees after Tuesday’s swearing-in ceremony.

The board’s agenda next week will include a public hearing and first reading vote on curriculum standards (TEKS) for English and Spanish Language Arts and Reading, as well as a hearing and first reading vote on efforts to streamline the science TEKS. The board will also discuss the schedule and instructional materials to be included in Proclamation 2019.

Any fireworks next week are likely to stem from public testimony on the science TEKS. At the November 2016 meeting, members of the committees assigned to review the TEKS shared their findings and recommendations with the board. Science teachers charged with studying the biology TEKS recommended removing a handful of passages related to evolutionary science over concerns about mastery and grade level appropriateness. Some viewed those passages as encouraging discussion of creationism. At the moment, it’s unclear how the changes in board membership could affect the final vote on the proposed edits.

Stay tuned to Teach the Vote for updates on next week’s SBOE meetings.

 


NO VOUCHERS

This week saw private school vouchers dominate the discussion in and around the pink dome in Austin.

Gov. Greg Abbott and Lt. Gov. Dan Patrick addressed private and charter school supporters bused to the Texas Capitol on Tuesday to promote National School Choice Week. The “school choice” verbiage is being used to market a variety of voucher programs this session, most notably education savings accounts (ESAs) and tax credit scholarships.

The anti-voucher Coalition for Public Schools, of which ATPE is a member, hosted a legislative briefing and press conference Monday to break down what’s actually being proposed under the school choice slogan. Voucher programs threaten to remove more resources from a school finance system that is already critically underfunded. According to data compiled by Governing, Texas ranked 42 out of 50 states in per-pupil spending in 2014. The state spent $8,593 per student in 2014 dollars, $2,416 below the national average of $11,009.

As reported last week on our Teach the Vote blog, Senate Bill (SB) 542 by Sen. Paul Bettencourt (R-Houston) and House Bill (HB) 1184 by Rep. Dwayne Bohac (R-Houston) fall into the tax credit scholarship category. Those bills have already been filed, but we’re still awaiting what is expected to be Lt. Gov. Patrick’s signature voucher proposal, likely in the form of an ESA. Senate Bill (SB) 3 has been reserved for the school voucher bill that will be one of Patrick’s top three priorities this session.

The House budget has proposed adding $1.5 billion in public school funding pending meaningful school finance reform, and has shown little appetite for a voucher program that would divert limited public tax dollars to private businesses. On Tuesday, Patrick demanded the House allow an “up or down vote” on vouchers this session. The lieutenant governor could roll out his preferred voucher bill as early as next week. Stay tuned for updates.

 


Today, ATPE Governmental Relations Director Jennifer Canaday wrote a blog post for Teach the Vote about the status of a politically motivated effort to ban educators from using payroll deduction for their association dues. The House Committee on State Affairs has released a new report on the issue after studying it during the interim. The report highlights arguments on both sides of the debate and concludes that legislators should carefully consider such input and, in particular, which groups would be affected by a bill to eliminate payroll deduction options.

Bills now pending in the 85th legislative session would prohibit school district employees from using payroll deduction for association dues – even dues paid to groups like ATPE that support the right to work and are not union-affiliated. At the same time, the bills (SB 13 and HB 510) would ensure that other public employees such as police officers and firefighters could continue to pay union dues via payroll deduction. The decision to single out educators while exempting other public employees makes it all the more obvious that the sponsors of these bills are really trying to stifle advocacy efforts within the school community.

17_web_Spotlight_AdvocacyCentral_1Read more about ways you can help protect educators’ right to use payroll deduction in today’s blog post, and if you’re an ATPE member, please be sure to check out our additional resources on the payroll deduction bills and communication tools at Advocacy Central.

 


17_web_Spotlight_ATC_RegistrationOpenThere’s only one week left for ATPE members to sign up for ATPE at the Capitol, happening March 5-6, 2017, at the Renaissance Austin Hotel and the Texas State Capitol. Friday, Feb. 3 is the deadline for housing, registration, and applications for financial incentives. ATPE members won’t want to miss this opportunity to hear from legislative leaders and interact directly with their own lawmakers about the education issues taking center stage this legislative session. Register, view schedule updates, and find all other details here. (ATPE member login is required to access Advocacy Central and the registration page for ATPE at the Capitol. Contact the ATPE state office if you need assistance logging in.)