ATPE meets virtually with Texas Congressional delegation

Submitted by ATPE Contract Lobbyist David Pore of Hance Scarborough, LLP

Tonja Gray

Jimmy Lee

Newly inaugurated ATPE State President Jimmy Lee and immediate Past President Tonja Gray spent time in July joining me and the ATPE Governmental Relations team for a series of online roundtable policy discussions with key members of the Texas Congressional Delegation and their staffs.  Although perhaps not as effective (nor as much fun) as the annual state officer trip to Washington, DC, we made progress in our federal advocacy efforts and built on existing relationships with the delegation. Our goal was to provide input to the members who sit on the key committees of jurisdiction on the policy issues important to Texas educators, parents, and students. We focused our discussions on safely returning to school, federal COVID-19 relief funding for education, and the GPO/WEP Social Security offsets that continue to reduce the benefits of retired educators and other public servants.

Rep. Joaquin Castro (D-TX 20) sits on the House Education and Labor Committee that has oversight over the U.S. Department of Education (ED) and how they spend the money appropriated for K-12 and higher education by the Congress. The congressman and his Education Legislative Assistant Kaitlyn Montan joined us for a great discussion of the challenges facing Texas educators, administrators, parents, and students as we work to return to the classroom safely. ATPE leaders stressed the importance of local, district-level decision making and the need for flexibility for school districts to be able to return virtually, in-person, or with a hybrid model where appropriate. The congressman agreed that federal money should not be used to incentivize one return model over another and that ED should not divert limited federal taxpayer money appropriated for COVID-19 relief for public schools to private schools or for the virtual voucher pet projects of U.S. Secretary of Education Betsy DeVos. Rep. Castro committed to using his role on the committee to conduct robust oversight and make sure the department follows the law as Congress intended.

Rep. Van Taylor (R-TX 3) also sits on the House Education and Labor Committee and represents a North Texas district with over 4,000 ATPE members. The congressman’s Legislative Director Jett Thompson met with us, and while less enthusiastic about the need for strong oversight of ED, he did agree that Secretary DeVos should stick to congressional intent when implementing the COVID-19 relief bills, including in how taxpayer money is distributed to private schools.

Rep. Lloyd Doggett (D-TX 35) sits on the House Ways and Means Committee and has been a long time cosponsor and champion for legislation completely repealing the WEP and the GPO. The repeal bills have never made it out of committee due to their enormous costs to the Social Security trust fund and the inequities that would be created for private sector beneficiaries. Rep. Doggett’s Legislative Assistant Sarah Jones met with us and informed us that the congressman does not support the more limited bill repealing the WEP that has been authored by Ranking Member Kevin Brady (R-TX) or the version introduced by committee Chairman Richard Neal (D-MA). Surprisingly, Jones stated that Rep. Doggett did not support the Neal bill because it “is not paid for,” despite his long-time support for the full repeal bill that costs the Social Security trust fund much more than either the Brady or Neal WEP repeal bills. Although she did express support from the congressman on our position regarding how ED is spending COVID-19 relief funds, we let Jones know that Congressman Doggett’s opposition to the WEP repeal bills was inconsistent with his previous positions on the issue and extremely disappointing to Texas public educators, both active and retired.

ATPE state officers and lobbyists met with Rep. Jodey Arrington via Zoom, July 28, 2020, to discuss COVID-19 considerations and Social Security reform.

Rep. Jodey Arrington (R-TX 19) also sits on the House Ways and Means Committee and has emerged as a champion for legislation to repeal the WEP and replace it with a proportional formula. We discussed with him the partisan breakdown of previously bipartisan legislation authored by committee Chairman Neal and Ranking Member Brady that has now devolved into two separate bills bogged down and unlikely to move before the election in November. Tonja Gray relayed on-the-ground concerns about the return to school from Abilene ISD, which lies in Arrington’s congressional district, while Jimmy Lee spoke from his unique perspective as a retired career educator, statewide leader, and the husband of a superintendent. While we agreed to disagree with the congressman on his position that it is appropriate to use federal relief money to incentivize in-person teaching this fall, regardless of the health and safety concerns of the district, we expressed our sincere appreciation for his open line of communication with ATPE and his strong support in the Ways and Means Committee for addressing the WEP. Arrington also praised ATPE for its professional approach to working with officeholders, expressing his belief that the national union groups “are not winning anyone over” in Washington.

Unfortunately, our senior U.S. Senator John Cornyn (R-TX) was unavailable to meet with ATPE’s statewide leadership and the governmental relations team. Although his Legislative Assistant Clair Sanderson met with us, she was unable to commit the senator to a position on how ED is implementing the CARES Act and spending federal taxpayer money appropriated for COVID-19 relief for education. We also discussed the Senate companion to the Brady WEP bill that Senator Ted Cruz has introduced, which to date, Senator Cornyn has not cosponsored.

It is important for our elected officials at every level to hear directly from professional educators about the issues you face, such as returning to school safely, how our tax dollars are spent on education, and how federal Social Security laws affect your retirement. I am grateful to Tonja and Jimmy for taking the time to participate in these roundtable discussions. They both are outstanding ambassadors for ATPE and for public education as a whole. Thank you, Tonja and Jimmy!

Share Button

From The Texas Tribune: Gov. Greg Abbott stresses local school officials “know best” whether schools should reopen

By Patrick Svitek, The Texas Tribune
Aug. 4, 2020

Abbott said the state will provide schools with personal protective equipment to prepare for the new school year.

Gov. Greg Abbott announced a strike force in charge of laying steps to re-open the Texas economy at a press conference in the capitol on April 17, 2020. Photo credit: Miguel Gutierrez Jr./POOL via The Texas Tribune

Gov. Greg Abbott stressed Tuesday that only local school boards, not local governments, have the power to decide how to open schools this fall amid the coronavirus pandemic.

“The bottom line is the people who know best … about that are the local school officials,” Abbott said during a news conference in San Antonio, echoing a message he’s now been relaying amid questions about the process.

Texas educators and parents have been confused about who has the power to keep school buildings closed. They have also been frustrated by conflicting messages from state and local leaders.

Abbott also said in preparation for the new school year, the state has already distributed to schools more than 59 million masks, more than 24,000 thermometers, more than 565,00 gallons of hand sanitizer and more than 500,000 face shields. He described the state’s personal protective equipment levels as bountiful even as the state faces an “an even greater strain” on the supply due to the coming school reopenings and flu season.

Abbott and other state leaders have backed a legal opinion from Attorney General Ken Paxton that prohibits local health authorities from issuing blanket school closures for all schools in their jurisdiction before the academic year begins. Local school boards can currently decide to keep schools closed to in-person learning for up to eight weeks, with the possibility to apply for waivers to remain shuttered beyond that timeframe.

Under the state’s guidance, local health officials can only intervene if there is an outbreak once students return to campus, at which point they can temporarily shut down a school.

Abbott stressed Tuesday that the policy does not mean that local health authorities are cut out of the reopening process, saying local school boards are free to consult with the health experts.

“Nothing is stopping them from doing that, and they can fully adopt whatever strategy the local public health authority says,” Abbott said.

“Extremely important: Local school officials have access to information provided to them by local public health authorities, and local school districts can base their decisions about when and how to open their schools on the advice of those local public health authorities.”

The state’s guidance has overruled orders from local health authorities to keep schools closed to in-person learning for certain periods. For example, Metro Health in Bexar County had ordered schools to remain virtual until Sept. 7.

Aliyya Swaby contributed reporting.

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2020/08/04/texas-greg-abbott-coronavirus-press-conference/.

Share Button

Food for thought: School nutrition and COVID-19

When the COVID-19 pandemic struck Texas in March, one of our first concerns was how students who normally relied on the school for meals would continue to have access to nutritious food. Public school districts went above and beyond to ensure students continued receiving meals, parking at motels for meal distribution, initiating drive-thrus, and packing different foods that worked better for grab-and-go. These efforts contributed to higher costs for public school nutrition services this spring, which put a financial strain on districts’ ability to continue providing meal service to those who need it the most.

But it isn’t just the higher costs associated with out-of-school meal service that is a concern; it is also the lower numbers of students accessing meals that is straining districts. According to recent reporting by Politico, the National School Lunch Program served 28 percent fewer meals in March 2020 compared to March 2019. North East ISD estimated a $2.6 million shortfall this spring due to increased costs from serving more expensive foods for grab-and-go consumption and decreased revenue from fewer meals served. While census data is used for meal service planning purposes, districts are actually reimbursed for nutrition services based on the number of meals served and whether students qualify for free or reduced-price meals. Students who purchase meals at school, or even a la carte food items, help provide extra revenue to districts that enable them to break even in their food operations.

Federal waivers provided in the spring allowed school districts to serve meals at any campus, without students present, and at no cost to all students, regardless of their eligibility for free and reduced-price meals.This flexibility has not been extended by the U.S. Department of Agriculture, which could inhibit districts’ ability to receive enough reimbursement to maintain operations without needing financial support from other district funds (which are also tight at the moment). Furthermore, the expectation for families to fill out and districts to process free or reduced-price meal eligibility paperwork could create an unnecessary burden for families and schools. It is expected that millions of children have become eligible for free and reduced-price meals due to the economic effects of the pandemic. Pending legislation in Congress could address meal service flexibility in schools, as well as general funding, but negotiations are currently stalled due to debates over unemployment benefits.

Schools are part of larger district systems, which are part of state systems and federal systems. These systems work together to ensure that students’ basic needs are met, such as having a nutritious meal to eat, which allows for learning to occur. When school nutrition services are strained, these basic needs can also become strained. Other benefits such as the Pandemic Electronic Benefit Transfer (P-EBT) have provided essential funds to families, but P-EBT does not guarantee the “square meal” nutrition of the school nutrition programs. In order for schools to continue acting in creative and courageous ways to get meals to students, more will have to be done to ensure financial stability for these programs.

Share Button

Teach the Vote’s Week in Review: July 31, 2020

State officials released information this week that sends mixed messages to educators and school leaders, yet again. Read more about this and other developments in this week’s wrap-up from the ATPE Governmental Relations team:


CORONAVIRUS UPDATE: School districts around the state continue to discuss and revise plans for starting the new school year amid funding and enrollment uncertainty and with guidance from elected officials that has raised more questions than answers. As we have been reporting here on our blog, the Texas Education Agency (TEA) initially urged school districts to start the 2020-21 school year earlier to allow for extended breaks during the year. With COVID-19 cases continuing to rise, TEA walked back that position in early July, suggesting a delayed reopening and offering districts a three-week transition period to move from virtual to on-campus instruction. On July 17, as several of the state’s largest cities were adopting orders that would attempt to delay a return to campus until COVID-19 cases subsided, TEA extended the allowable virtual transition period to four to eight weeks (with school board approval) and also said districts would continue to be funded if they were forced to operate virtually under closure orders from local officials. But this week saw yet another round of guidance from TEA and statements by other elected officials calling into question the validity of such local orders.

A new, non-binding legal opinion voiced by Texas Attorney General (AG) Ken Paxton and updated public health and attendance guidance from TEA on Tuesday only added to the confusion school district leaders, their staffs, and the parents of students are trying to sort through. The AG’s letter to a Texas mayor attempts to nullify local health authorities’ previously assumed ability to issue school closure orders in a preventative fashion. TEA updated its attendance and enrollment guidance the same day to reflect Paxton’s interpretation, warning that schools districts that offer only remote instruction based on local health authority orders (outside of the approved transition window in which instruction can be fully virtual) may risk losing their funding. Read more about Tuesday’s developments in this blog post by ATPE Governmental Relations Director Jennifer Mitchell, and read ATPE’s press statement here.

On Friday, a joint press release from Governor Abbott, Lt. Governor Patrick, Speaker Bonnen, Chairman Taylor, and Chairman Huberty defended TEA’s updated guidance, saying the agency has provided flexibility through various means and that it is up to local school boards to decide when and how to open schools. ATPE responded to the press release in a statement complaining about the unclear and often contradictory directives and stating, “ATPE reiterates that uniform, science-based metrics guiding reopening or closure decisions based on health and safety are needed right now—not shifting perspectives, platitudes, or power struggles.”

Knowing the frustrations that this back-and-forth causes for educators, ATPE Senior Lobbyist Monty Exter told News 4 San Antonio this week it would be helpful to have consistent guidance from TEA. While the news about teachers and students returning to campus often takes the spotlight, support staff across Texas are also concerned, as the Texas Tribune reported this week. Cafeteria, custodial, and transportation staff face unique challenges this fall as they tend to be paid hourly, and their jobs, by their nature, cannot be performed remotely. In a recent CNN interview, ATPE’s Mitchell cited the need to add bus routes in order to reduce passenger loads as an example of steps school districts are finding it difficult to implement without additional financial resources from the state and federal government. Unfortunately, the ever-changing regulations communicated by state leadership make creating a safe plan, and sticking to it, difficult. ATPE Lobbyist Mark Wiggins sat down with Fox 7 Austin this week to talk about the issue, saying we are past due for local control guided by educators, parents, and public health officials.


This week Gov. Greg Abbott announced he has eliminated the requirement that STAAR test scores be used for fifth and eighth grade promotion decisions, a step in the right direction towards reducing the impact of testing in the 2020-21 school year. Additionally, according to TEA correspondence, only one test administration in fifth and eighth grade will occur this year. The change places educational decisions back in the hands of expert educators, who can easily determine without STAAR if a student is ready for the next grade. Yet more flexibility is needed. In an interview with NBC DFW this week, ATPE Lobbyist Andrea Chevalier expressed that eliminating the STAAR tests in their entirety for the 2020-21 school year would save valuable time and resources that will be needed for remediation and helping those students who need it the most. Read more about this development in this blog post by Chevalier.


ATPE held a legal webinar on COVID-19 this week that included educators’ questions answered by ATPE Managing Attorney Paul Tapp. In case you missed the live webinar, you may view the recorded version to hear Tapp’s easy-to-understand explanations of the many issues facing educators during the pandemic.

Visit the ATPE COVID-19 FAQs and Resources page for constantly updated answers to common questions from educators. ATPE members can also use Advocacy Central to communicate with their elected officials regarding concerns about school reopening and other issues.


FEDERAL UPDATE: Republicans in the U.S. Senate revealed their new proposal for coronavirus aid and relief this week, which includes an updated education proposal directing two-thirds of $70 billion in K-12 funds to schools that physically reopen for in-person instruction. The remaining one-third would be split among all public schools. The legislative package also includes a separate bill that aims to instate U.S. Secretary of Education Betsy DeVos’s longstanding wish for $5 billion in dollar-for-dollar tax credits for a private school voucher system. The GOP proposal comes months after House Democrats passed theirs. Read more about Congress’s progress in this blog post by ATPE Lobbyist Mark Wiggins.

The U.S. Department of Education this week announced winners for the “Rethink K-12 Education Models Grant” this week, which includes a nearly $20 million award for Texas. The grants were awarded based on priorities, the first of which was for states that opted to create “microgrant” voucher programs. Texas did not opt for microgrants and instead will use the federal money for its statewide learning management system and framework, announced to districts this week to include a free two-year subscription to Schoology.


ELECTION UPDATE:  President Donald Trump made headlines yesterday when he put out a tweet that suggested postponing the November 3 election. Many experts were quick to point out that the president does not have the legal authority to postpone the election; only Congress has that power. The suggestion drew unanimous criticism even among the president’s Republican supporters, who confirmed that there is no chance of the presidential election being postponed for the first time in American history. It’s also worth noting that mail-in voting is, in fact, a form of absentee voting; and while the primary elections revealed significant processing problems presented by record numbers of people taking advantage of the option to vote by mail, allegations of widespread voting fraud have not been proven.

Gov. Greg Abbott (R-Texas) announced this week that early voting for the Nov. 3 election will be extended by an additional week. Early voting will now run from October 13 through October 30, 2020. That leaves three full weeks for early voting, which is intended to relieve crowding at polling locations. Gov. Abbott similarly extended the early voting period for the July runoff elections.

In the Senate District 14 special election, state Rep. Eddie Rodriguez (D-Austin) announced this week that he is withdrawing from the runoff against former Travis County Judge Sarah Eckhardt, who finished first in the special election held this month. Rodriguez will retain his Texas House seat. Eckhardt will now fill out the remainder of former state Sen. Kirk Watson’s (D-Austin) term, which ends in 2022. Watson retired from the Texas Senate earlier this year.


The State Board for Educator Certification (SBEC) held a special meeting Friday, July 31, to discuss rules relating to educator certification candidates facing challenges during the pandemic. The rules proposed for adoption will allow candidates to complete their educator preparation program (EPP) requirements for the 2020-21 school year in a virtual setting and will allow face-to-face observation requirements to be carried out in a synchronous virtual setting. After hearing testimony from EPP representatives during the past couple of months, the board voted to amend its proposal to include asychronous observations in addition to those carried out synchronously. Read more about the meeting in this blog post by ATPE Lobbyist Andrea Chevalier.

Share Button

SBEC holds special meeting to discuss educator preparation amid COVID-19

The State Board for Educator Certification (SBEC) met today to discuss a special rule to address educator preparation amid the COVID-19 pandemic. The board met previously in June to discuss proposed rule text that would allow for virtual completion of field-based experiences and clinical experiences to satisfy educator preparation requirements. The proposed rule text limited these provisions to the 2020-21 school year and limited the virtual observations to synchronous environments (where the observer must be in the virtual classroom with the student teacher for live instruction).

This proposal was met with concern from educator preparation programs (EPPs), whose representatives expressed that many school districts are planning to use both synchronous and asynchronous learning models, while others are still deciding. Furthermore, EPPs are unsure of how districts will handle visitor policies, which could impact field supervisors’ ability to observe candidates. Other voiced concerns included obtaining the media releases necessary for student faces to be included on video used by educator candidates as they meet their program requirements. ATPE participated in a stakeholder workgroup with Texas Education Agency (TEA) staff as they worked through these concerns in preparation for today’s meeting, taking the position that high-quality clinical experiences are essential for educator preparation and that any changes made to allow virtual experiences should be time-limited.

TEA staff presented the following alternative rule language to address EPP concerns, which was approved by the board:

This new rule text adopted by SBEC today will provide increased flexibility for educator candidates as EPPs work with districts. The changes are still limited to the 2020-21 school year. TEA staff said they will work with EPPs to ensure that virtual experiences for candidates are as high-quality as possible, expressing their belief that other flexibility for educator preparation is not necessary at this time.

The next regularly scheduled SBEC meeting will take place on October 9, 2020.

Share Button

Governor removes STAAR requirements for grade promotion, but state leaders show no intent to waive testing in 2020-21

On Monday, July 27, Gov. Greg Abbott and the Texas Education Agency (TEA) announced that STAAR scores would not be required factors in determining fifth and eighth grade promotion next year. Additionally, students in fifth and eighth grades will only take their STAAR assessments one time, as re-takes will not be necessary. This is a welcome development for the upcoming school year, providing some relief of both educators’ and parents’ anxiety knowing that student scores will not be accurate indicators of learning due to the pandemic.

The sentiments provided by state leadership in Abbott’s announcement indicate that the state has no intention at this time to fully waive standardized testing, even as calls from stakeholders and state legislators have increased over the past month to suspend this year’s testing cycle. While districts are set to be rated “Not Rated: Declared State of Disaster” for the 2019-20 school year, Abbott said in his press release, “The traditional A-F rating system will remain in place, albeit with certain adjustments due to COVID-19.” It is unclear what these adjustments will be.

Other states, such as Georgia and South Carolina, have already taken steps toward requesting a waiver from the U.S. Department of Education (ED) from federal standardized testing requirements. Based on the statements of Texas state leaders, who want to maintain testing for diagnostic and accountability purposes, Texas does not seem likely to make such a request from the federal government unless the legislature takes action on the matter in the 2021 session. Furthermore, Jim Blew, an assistant secretary at ED, told reporters last week that assessments provide transparency on school performance and that the department’s “instinct” would be to decline testing waivers.

As previously reported here on our blog, Texas Commissioner of Education Mike Morath has touted diagnostic benefits of STAAR when asked by other elected officials about seeking another waiver of federal testing requirements. Morath also highlights the fact that TEA has already extended the online assessment windows for STAAR and STAAR Alternate 2, allowing anywhere from two- to six-week testing windows for the 2020-21 school year. These optional extensions only apply to online test administrations and have not yet been announced for the TELPAS tests. TEA has also stood up optional beginning-of-year assessments that use released STAAR questions to test prior year content.

In accordance with a resolution adopted by our 2020 House of Delegates during the recent ATPE Summit, ATPE has been urging state leaders to suspend 2020-21 STAAR and TELPAS testing requirements. Because it may be left up to state legislators to take action on this issue, it is important that they hear from their constituents who care about this issue. Visit ATPE’s Advocacy Central (member login required) to share your voice with your elected officials on testing or any other education issues.

Share Button

BREAKING: Schools receive updated TEA guidance on closures, reflecting new advice from attorney general

Earlier today, Texas Attorney General (AG) Ken Paxton issued a press release sharing a letter he penned to Stephenville Mayor Doug Svien about local authorities’ power (or lack thereof) to restrict schools from reopening for on-campus instruction. Though non-binding, Paxton’s letter cautions that local health authorities cannot issue closure orders or other restrictions related to the COVID-19 pandemic that would conflict with either state law or Gov. Greg Abbott’s executive orders already in effect. Paxton then argues that orders recently issued by some local health authorities conflict with both.

The AG’s letter notes that a handful of cities and counties — mostly located in urban areas more acutely affected by rising numbers of COVID-19 infections — have recently issued orders to restrict area schools from opening their doors prior to a particular date. Paxton counters with advice that such “blanket quarantine orders” issued as a prophylactic measure are prohibited. Only actual infection on the campus, according to the AG’s reasoning, would warrant the issuance of a local order to close the school to on-campus instruction. “To the extent a local health authority seeks to employ section 81.085 to order closure of a school, the authority would need to demonstrate reasonable cause to believe the school, or persons within the school, are actually contaminated by or infected with a communicable disease,” writes Paxton in the letter.

On the heels of the AG’s letter, the Texas Education Agency (TEA) updated its “SY 20-21 Public Health Planning Guidance” document that was issued July 17, 2020, with a newer version today, along with an “Attendance and Enrollment FAQ” document that is similarly revised.

In the latest guidance, TEA explains that because of the AG’s interpretation, “a blanket order closing schools does not constitute a legally issued closure order for purposes of funding solely remote instruction.” This differs from prior TEA guidance which assured schools they would continue to receive funding if they were forced to close by a local order. Now those closure orders would have to meet the additional hurdles outlined by AG Paxton, including a vague requirement of being based on “reasonable cause to believe the school, or persons within the school, are actually contaminated by or infected with a communicable disease.” Notwithstanding the AG’s letter, TEA also clarifies in the newest documents out today that schools may still be funded while operating remotely if they are doing so under other permissible conditions, such as during the allowed four-week transition period that was announced in the earlier TEA guidance.

Many Texas public schools have already announced plans to operate virtually for the first few weeks of their school year while preparing for a return to on-campus instruction. School districts may also request a one-time extension of the state-sanctioned four-week transition period if voted upon by their board of trustees. It is believed that most of the existing local health orders restricting a return to campus would overlap with the four-to-eight-week transition period already authorized by TEA, making it unlikely that a school district would have to risk a loss of funding because of a delay in returning to campus at the beginning of the school year. Once the transition period expires, however, school districts may find themselves in a precarious position if their local health officials’ recommendations conflict with state orders in effect at the time. TEA also points out that school districts have their power to set their own calendars, which some may find a need to revise.

TEA’s new resources shared today also include a “Guidebook for Public Health Operations,” which includes protocols schools may use in responding to an lab-confirmed case of COVID-19 and recommendations for collaborating with local health officials to discuss and conduct planning exercises ahead of the new school year:

“School systems, local health departments and local health authorities should make contact prior to the start of school and conduct a tabletop exercise (detailed at the end of this document) to determine how they will work together. …  As part of the exercise, these parties will determine how to best work together in the instance of a positive case.”

While ATPE is pleased to see the suggestions for collaborative planning to respond to the COVID-19 infections within a local school community that are likely to occur in the near future, it would have been more helpful for schools to have received this guidance from the state earlier in the summer rather than within days or weeks of starting the new school year. The new TEA guidebook also adds a somewhat perfunctory statement that local “planning efforts should also engage parents and teachers,” which ATPE has urged for months now in our recommendations to local and state officials.

We are aware that many school district leaders are grappling with a maze of differing and even contradictory orders and advice on how to begin the new school year. This is especially true for districts located within the boundaries of multiple city or county jurisdictions that may not agree on how to respond to the pandemic. As noted in a statement issued today, ATPE urges the state to provide clearer direction and leadership to help schools decipher these orders and guidelines.

“ATPE recognizes that COVID-19 has created fluid situations that demand frequent updates and revisions to plans. However, with multiple directives and guidance being issued by different branches and levels of government, it is no surprise that school leaders and educators are frustrated. The state should do everything in its power to protect the lives of Texans and support a safe and productive learning environment, not create needless confusion.”

As additional developments occur and guidance from government officials continues to change, ATPE encourages educators to visit our COVID-19 FAQ and Resources page for answers to frequently asked questions, which we will continue to update.

Share Button

Another round of federal stimulus inching closer to reality

Another round of federal relief money is one step closer to becoming a reality, as Republicans in the U.S. Senate on Monday presented their proposal two months after Democrats passed theirs out of the U.S. House of Representatives. With substantial differences between these latest two COVID-19 relief proposals, however, there is much work to be done to negotiate a plan that can pass out of both chambers.

The $1 trillion Republican proposal, dubbed the Health, Economic Assistance, Liability Protection, and Schools (HEALS) Act, includes $105 billion for education, $70 billion of which would go to K-12 schools specifically. However, two-thirds of that funding, roughly $47 billion, would only flow to schools that reopen for in-person instruction and would not be available to schools that only offer virtual instruction in response to high levels of local COVID-19 infections. Schools that delay in-person instruction for safety reasons could receive some of the remaining one-third of the funding that would be split among all schools, regardless of whether they open in-person or through distance methods. Similar to the Coronavirus Aid, Relief, and Economic Security (CARES) Act, signed by President Trump on March 27, the new proposal also includes $5 billion for state governors to spend on K-12 and higher education.

Even though states would receive funds under the Republican HEALS Act proposal based proportionately on their previous school year’s Title I funding, states would have to reserve a proportional portion of the federal funding for private schools. Private schools receiving federal funds would not be subject to the same requirements under the GOP proposal as public schools. The new proposal does not include a requirement to provide “equitable services” to private schools under the new funding as was included in the CARES Act.

The Republican proposal also includes immunity from liability intended to shield school districts and businesses that reopen amid the pandemic from lawsuits by employees or customers who are exposed to the virus or become infected as a result.

Another major headline of the Senate plan includes lower monthly unemployment payments. Payments would decrease from the current $600 per week down to $200, which could be combined with state unemployment benefits for up to 70% of a person’s wages before losing their job due to the pandemic. Those unemployment payments, created by the CARES Act in March, are scheduled to expire this weekend unless extended by Congress. The GOP plan would extend the moratorium on evictions, a provision from the first CARES Act that has already lapsed, and would provide another round of stimulus checks using the same criteria as under the CARES Act. Each individual earning up to $75,000 per year would receive $1,200, and decreasing amounts would be paid to those earning up to $99,000.

The Republican plan is part of a larger package of legislation that includes a stand-alone voucher bill filed by Sen. Tim Scott (R-SC) and cosponsored by Sen. Lamar Alexander (R-TN) that would create a permanent program providing up to $5 billion in tax credits for contributions to scholarship-granting organizations (SGO) that transfer public school dollars to private institutions. This is a perennial proposal advocated by U.S. Secretary of Education Betsy DeVos in her quest to privatize education. The new voucher bill would also direct emergency education funding meant for public schools to SGOs for private use. Expansion of these voucher programs remains a top priority of the Trump administration and Secretary DeVos, as they continue using the pandemic to promote these proposals despite repeated failures to pass them through the Congress.

The House, under Democratic leadership, passed the $3 trillion Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act back in May. The House bill would provide $90 billion directly to education, including $58 billion for all K-12 schools. Unlike the Senate plan, the House bill provides a separate $950 billion in emergency funding to state and local governments aimed at preventing budget shortfalls that could lead to layoffs of teachers and other public employees.

The HEROES Act would also provide another round of stimulus checks to individuals, and would additionally raise the payout for each dependent to $1,200 up from $500 under the CARES Act. The bill would extend the full $600 weekly unemployment payments into next year, extend the suspension of student loan payments, provide up to $10,000 in student debt relief, and prohibit Secretary DeVos from imposing restrictions on populations of students who receive emergency financial relief under the CARES Act.

Each of these proposals represents the opening bid in negotiations between the two chambers and the Trump administration. Senate Majority Leader Mitch McConnell (R-KY) has expressed a desire to vote on the Senate bill before members leave for recess August 7. The Senate bill was originally expected to be unveiled last week, but was reportedly delayed amid ongoing negotiations with the White House, which supports the Senate’s proposal. House Democrats passed their bill in May, but Senate Republicans ignored it and declined to take action on another relief package until recently.

Federal relief for schools would come at a critical time as the 2020-21 school year begins. Regardless of whether instruction is being delivered virtually or in person, school buildings across Texas will once again fill with teachers and staff, necessitating costly safety protocols. Virtual instruction poses added technology costs to districts, which are already looking at potential budget shortfalls due to declining tax revenues caused by the pandemic-induced recession.

Texas is estimated to face a $4.6 billion budget shortfall by the end of 2020, and the 2021 legislative session is already expected to feature drastic cuts in state spending. Federal relief dollars would go a long way in reducing the pressure to cut education spending here in Texas. House Democrats, Senate Republicans, and the president all will have to approve any additional relief package from Congress.

Share Button

Teach the Vote’s Week in Review: July 24, 2020

With the start of school just around the corner, it’s been another busy week for ATPE and the education community. Read about this week’s developments below from the ATPE Governmental Relations team:


CORONAVIRUS UPDATE: ATPE’s incoming State Vice President Karen Hames and Governmental Relations Director Jennifer Mitchell spoke on CNN’s Chris Cuomo Prime Time show Thursday night, July 23, to contribute their perspectives on school reopening. Hames and Mitchell stressed that teachers care about their kids and want to be in school with them, but that educators have concerns about being exposed to the coronavirus in a classroom setting. Hames shared reasons why school choice would not provide any real solutions to parents’ concerns about COVID-19, and Mitchell emphasized the need for additional federal funding and better guidance at the state level to help school districts prepare for reopening amid the pandemic. Watch video of the CNN segment here.

In other news related to COVID-19, the University Interscholastic League (UIL) released a long-awaited announcement this week that delays the schedules of 5A-6A conferences. Additionally, UIL shares that marching band practice in all conferences may not begin until September 7, 2020. Updates to TEA’s COVID-19 Support and Guidance Page this week included a new summary of the agency’s reopening guidance, several new “Strong Start” resources, and new CARES Act and attendance and enrollment information.

Visit the ATPE COVID-19 FAQ and Resources page for constantly updated resources and answers to common questions from educators. ATPE members can also use Advocacy Central to communicate with their elected officials regarding school reopening and other issues.


This week, ATPE submitted formal public comments on the U.S. Department of Education’s (ED) interim final rule directing how districts spend their CARES Act federal emergency dollars on equitable services for students in private schools. The interim final rule, effective July 1, 2020, is estimated to cause public school districts to spend over $44 million of their Title I-derived emergency funds on private school students regardless of poverty — more than $38 million more than they would normally spend under the longstanding interpretation of equitable services in federal law. ATPE’s comments urge the department to rescind its inequitable and distorted interpretation of the CARES Act, which goes against congressional intent. Over 5,200 comments have been submitted, but the department is not required to respond to them because of the emergency rulemaking process. Read more about the new federal rule in this recent Teach the Vote blog post. Read ATPE’s public comments here.


ELECTION UPDATE: Last week saw one of the most unusual elections in recent memory: A runoff postponed due to a global pandemic that proceeded to intensify in Texas as the new election date approached. Early voting was expanded from the usual one week to two weeks in order to reduce the load on polling locations. Some voters also took advantage of alternative methods of casting their ballots to avoid contracting COVID-19 at the polls, although Texas broke ranks with other parts of the country by refusing to expand the ability to vote by mail amid the pandemic. Despite the failure of lawsuits aimed at expanding mail-in ballot options, Texas saw a substantial increase in mail-in voting during this runoff election, which caused official results to be delayed by a few days but did not result in changes to any of the unofficial race outcomes revealed on election night. The July 14 election also exposed troubling voting issues that will have to be corrected before the November election.

With double the time to vote early, this month’s runoffs saw double the turnout over the primary runoff elections in 2018, 6.61% to 3.22%, respectively. After all of the debate over voting by mail, 30% of Democrats and 24% of Republicans who voted early cast their ballots by mail. That’s actually down from 36% of all early voters who cast mail-in ballots in the 2018 runoffs. Democrats had a huge turnout — nearly 956,000 voted in the primary runoffs, but comparable statewide numbers aren’t available for Republican turnout because there wasn’t a statewide GOP runoff like there was on the Democrats’ ballot. Party turnout in primary elections is not always an accurate predictor of turnout in the general election. But based on the turnout for a runoff election in July, in the Texas heat, in the middle of a deadly pandemic, it’s probably safe to assume that overall turnout for the November general election will be enormous. That makes researching candidates and making your voting plan for November more important than ever! See more election results in last week’s recap by ATPE Lobbyist Mark Wiggins.


CONGRESSIONAL UPDATE: The U.S. House Education and Labor Subcommittee on Early Childhood, Elementary and Secondary Education met Thursday, July 23, for a hearing on the safe reopening of schools. The discussion bounced back and forth between the health risks for children and health risks for teachers and staff, with implications across the board for future funding to get schools on the path to a safe reopening. Get the full rundown on the meeting in this blog post by ATPE Lobbyist Mark Wiggins.

While a proposal for additional federal emergency aid (dubbed the Health and Economic Recovery Omnibus Emergency Solutions or “HEROES” Act) was approved by the U.S. House several weeks ago, the U.S. Senate has now agreed on its own $105 billion aid package for education, which includes $70 billion for K-12 schools. The proposal would tie the K-12 funding to in-person instruction by sending $35 billion to schools that open for in-person instruction and splitting the remaining $35 billion among all schools, regardless of their method of instruction. The $30 billion for colleges will not be tied to in-person instruction, and governors will receive the last $5 billion to spend on either K-12 or higher education. The details of the proposal are expected to be made public on Monday.



After a week-long delay, the U.S. Centers for Disease Control (CDC) released updated guidance for the reopening of public schools during the COVID-19 pandemic. The brunt of the new guidance issued last night, July 23, consists of justifying the push to reopen schools for in-person instruction. New items include recommending that schools group students and teachers into isolated cohorts or “pods” meant to limit in-person contact. There is also a checklist intended to assist parents in deciding  whether to send their children to school. A new mask guidance document suggests masks can be worn by anyone older than two years old, though some groups of students may need special adaptations and alternatives. Even as the guidance encourages reopening, it urges caution to those considering to do so in areas of substantial, uncontrolled transmission. Furthermore, the guidance recommends tying operational decisions to local epidemiological conditions. The guidance states as follows:

“Schools should be prepared for COVID-19 cases and exposure to occur in their facilities. Collaborating with local health officials will continue to be important once students are back to school, as they can provide regular updates about the status of COVID-19 in the community and help support and maintain the health and wellbeing of students, teachers, and staff.”

All of the CDC guidance documents, including the latest guidance as well as recommendations dating back to May, can be found here.


The State Board for Educator Certification (SBEC) met today, July 24, to take action on several items implementing the Science of Teaching Reading exam requirements from last year’s House Bill (HB) 3 and to discuss COVID-19 considerations related to certification. Additionally, the board approved a proposal to transition Legacy Master Teacher certificate holders into lifetime certificates, as HB 3 barred the Master Teacher certificate from being issued or renewed. ATPE Lobbyist Andrea Chevalier testified before SBEC in support of this proposal, continuing our months-long advocacy for a fix for Master Teachers. Read more about today’s SBEC meeting in this blog post from Chevalier and read the written testimony here.


SCHOOL FINANCE UPDATE: Texas Comptroller Glenn Hegar created buzz this week with the release of his certification revenue estimate, which shows that the state faces a $4.6 billion deficit due to both COVID-19 and the largest drop in oil prices in decades. While some revenue sources have helped to soften the blow, including federal coronavirus aid and new revenue from online commerce, the uncertainties ahead will make the state budget lawmakers’ top concern in the upcoming 2021 legislative session. Read more about the revenue esimate and Hegar’s interview with the Texas Tribune this week in this blog post by ATPE Lobbyist Mark Wiggins.  

In other school finance news, Just Fund It, a non-partisan group of parents, students, and community members across Texas advocating for increased public school funding, has begun a petition aimed at urging Gov. Abbott to ensure stable and predictable school funding. Specifically, the petition asks the governor to extend the 12-week “hold harmless” period for calculating funding based on attendance as recently announced by the Texas Education Agency (TEA) for the coming school year. The group presents a compelling argument for extending the hold harmless to cover the entire 2020-21 school year.

Share Button

Summary of July 24 SBEC meeting

The State Board for Educator Certification (SBEC) met today, July 24, 2020, to take up a lengthy agenda, including the adoption of five items related to the implementation of the Science of Teaching Reading and a proposed fix for expiring Legacy Master Teacher certificates.

Highlights:

  • SBEC approved an ATPE-backed proposal to eliminate the expiration date of Legacy Master Teacher certificates, which were barred from being newly issued or renewed by last year’s House Bill (HB) 3.
  • The board adopted rules to implement science of teaching reading requirements of HB 3, including new testing requirements and replacement certificates for PK-6.
  • Two new non-voting members joined the board: Emily Garcia, Executive Director of Urban Teachers in Dallas replaced Carlos Villagrana as the alternative certification program representative. Dr. Edward Hill is replaced by Dr. Alma Rodriguez, Dean of the College of Education at the University of Texas- Rio Grande Valley in Brownsville. Both new members were former public school teachers and administrators.
  • SBEC will meet again next Friday, July 31, to discuss special rules regarding COVID-19 and educator candidates and will likely hear from many educator preparation stakeholders who want flexibility for their programs amid an ever-changing landscape of pandemic policies and practices.

Legacy Master Teachers

Chevalier testifies at SBEC meeting, July 24, 2020.

ATPE Lobbyist Andrea Chevalier testified today in support of a proposal to create two new rules that would eliminate the expiration date on Legacy Master Teacher (LMT) certificates and make these certificates exempt from renewal requirements. The rules would apply to valid LMT certificates and LMT certificates that expired on or after September 1, 2019.

This transition to a lifetime certificate will solve the unintended consequences of House Bill (HB) 3, which barred the Master Teacher certificates from being issued or renewed after September 1, 2019. This change has left some teachers unable to continue in their current teaching assignments once their LMT certificate expires. ATPE pushed the board for several months to take action on this issue, even requesting a letter of legislative intent from House Public Education Committee chairman and HB 3 author Dan Huberty.

Read Chevalier’s written testimony in support of the new rules here and see video of her oral testimony at 4:00:00 here. The board approved the proposal, which will be published in the Texas Register for public comment from August 21 to September 21, 2020. The proposal will then be up for final adoption at the October SBEC meeting and then subject to review by the State Board of Education. If all approval processes are finalized, the effective date of this proposal would be December 27, 2020, and the Texas Education Agency (TEA) has said it will do outreach over the winter break to make sure LMTs are aware of the change.

Coronavirus Update

Gov. Greg Abbott has provided flexibility through suspensions of statutes and rules that allowed Spring 2020 certification candidates to spend less time on face-to-face requirements, allowed candidates who weren’t able to test but who had completed all preparation requirements to receive a one year probationary certificate, and allowed for those have yet to pass the content pedagogy test to obtain a one-year intern certificate (only issuable prior to October 1). Other changes have allowed extension of a one-year emergency permit for candidates who are unable to test, and the state suspended requirements that internships, practicums, and clinical teaching experiences must occur in actual school settings rather than virtual ones. Witnesses testifying today echoed public comment provided at the beginning of the SBEC meeting, expressing that school district plans are extremely varied in terms of start dates, instructional settings, learning plans, and visitor policies, which makes it difficult to place student teachers and help students meet their preparation requirements. Next Friday, July 31, the board will consider specific rulemaking related to further COVID-19 considerations for educator preparation.

Science of Teaching Reading

SBEC adopted several agenda items today that implement the new science of teaching reading (STR) requirements of HB 3. Every teacher candidate issued a standard certificate after January 1, 2021, must take a stand-alone STR certification exam if they plan to earn a certificate in Early Childhood (EC): PK-3, Core Subjects: EC-6, Core Subjects: 4-8, English Language Arts and Reading: Grades 4–8, English Language Arts and Reading/Social Studies: Grades 4–8. These certificates (except for EC: PK-3) will be replaced after December 31, 2020, with new certificates that incorporate science of teaching reading into their name, standards, and testing requirements. Replacement certification exams are also being developed so that content within the STR is not duplicatively tested. Additionally, through August 2021, the STR exam requirement implementation will be pass/fail while curriculum is refined and details are being worked out. Starting September 6, 2021, a scaled score for the STR will be implemented. See below for the operational dates of the new tests.

Today’s adopted rules implement the STR change by updating the pre-admission content test requirements, adding an approval process for educator preparation programs (EPPs) to be able to offer the replacement certificates, adding the replacement certificates to the categories of classroom teaching certificates, updating exam requirements for the replacement certificates, and reorganizing the STR standards in rule to apply to all EC-6 educators.

TEA also provided an update to SBEC members on test development and its communication strategy with the field and candidates. An STR exam preparation manual is expected to be available September 2020. A TExES in Focus: Science of Teaching Reading (293) Webinar was held July 16, and it will be posted soon on the TEA website. TEA also plans to hold a deep-dive webinar series on the changes. EPPs must attest by December 15, 2020, to their ability and readiness to prepare candidates for the STR-impacted fields.

Other Adopted Rules

SBEC adopted several changes to rules regarding educator preparation requirements, including guidance to programs that are closing or consolidating; a requirement that EPPs that are closing publish in writing a formal exit or dismissal policy; additions to curriculum to align with the mental health, abuse, and suicide requirements of House Bill 18 (86th Texas legislature); alignment to board standards of the 150 clock hours of coursework and training prior to clinical teaching or internship; clarifications on certificate deactivations; guidance about summer practicums; guidance for programs and candidates who need to finish their practicum out-of-state and out-of-country; and guidance about test approval for completers from prior years who return to their program later on to test.

The board also adopted into rule new standards for bilingual Spanish, EC-6 and EC-12 special education, and deafblind certification areas and removed the one-year expiration date on passing PACT to give candidates more time to be admitted to a program if they have a passing score on a PACT exam that is more than a year old.

Proposed Changes

The board approved the proposed mandatory four-year rule review for 19 TAC Chapter 234, which relates to preparation, testing, certification, and renewal requirements for military service members, military spouses, and military veterans.

SBEC also discussed proposals for the Accountability System for Educator Preparation Programs (ASEP), including the “Not Rated: Declared State of Disaster” accreditation status for EPPs due to Abbott’s disaster declaration. Additionally, data for 2019-20 will be reported only, and candidates who were issued a probationary certificate under Abbott’s COVID-19 waivers will be excluded from ASEP pass rates for the 2020-21 school year. TEA also proposed an ASEP index, which combines the five ASEP indicators to create an overall “index” or score for EPPs. The five indicators are PPR/non-PPR pass rates, principal surveys, student growth, observation frequency and quality, and new teacher surveys. Each of these indicators will be weighted to create the index, with the PPR/non-PPR pass rates having the greatest weight. For the 2020-21 year, EPPs’ status will be the more favorable outcome of the index versus the current system. The proposed rule also contains an updated to say that if an EPP is under a board order, they aren’t eligible for a commendation.

A model for the student growth indicator of the ASEP system was also proposed today, which will assign points to beginning teachers of record in their first three years based on their students’ growth on standardized testing. These points will be attributed to the beginning teachers’ EPPs and incorporated into those programs’ ASEP scores. Earliest is Spring 2024 before this indicator could become implemented, due to uncertainties regarding testing during the pandemic.

The board also approved proposed updates to the SBEC rule chapter that designates which certificates are appropriate for certain teaching assignments (19 TAC Chapter 231). This includes changing “Master Teacher” to “Legacy Master Teacher” and updates to incorporate assignments for new SBOE-approved courses, such as English Language Development Acquisition, African American studies, and energy cluster courses (Oil and Gas Production).

Discussion Only Items

The first year of the EdTPA pilot program included 27 EPPs — 16 institutions of higher education (IHE) and 11 alternative certification programs (ACP). Over 450 candidates have submitted portfolios. The second year of the pilot will include 35 EPPs (19 IHEs, and 16 ACPs). SBEC members discussed the fact that the state of Georgia has eliminated its EdTPA requirements, while two other state legislatures have discussed eliminating EdTPA from their state frameworks. Researchers from Sam Houston State University will provide an update on their T-TESS pilot, which aims to explore an alternative to EdTPA, at the October SBEC meeting.

The board is set to meet again next Friday, July 31. Subsequent meetings this year are set for October 9 and December 11, 2020.

Share Button