Author Archives: Andrea Chevalier

In late night hearing, House Public Education Committee talks about bullying, leftover food, and more

On Wednesday, April 17, 2019, the House Public Education Committee heard bills on a variety of topics including the donation of excess food at school, virtual schools, workplace bullying of teachers, and even the Ten Commandments.

ATPE supported several bills by registering in favor of the following:

  • House Bill (HB) 414 (Flynn, R-Van) would create the Teacher’s Protection Act, which includes a defense against prosecutions for actions taken in an educator’s self-defense.
  • HB 1394 (Bohac, R-Houston) aims to protect teachers from being sanctioned by the State Board for Educator Certification (SBEC) for their reasonable use of force against a student.
  • HB 3220 (Allison, R-San Antonio) would add licensed specialists in school psychology (LSSPs) to the definition of mental health professional and allow them to be eligible for loan repayment assistance in certain circumstances.
  • HB 3403 (Cortez, D-San Antonio) would require school district employment policies to include anti-bullying measures for educators, including provisions to address parents who bully teachers.
  • HB 3638 (Patterson, R-Frisco) would lift certain mandates on schools as identified by the Lieutenant Governor’s mandate relief working group in which ATPE participated last year.
  • HB 3696 (Bell, K., R-Forney) would add the number (rather than percentage) of students who complete a practicum or internship approved by the State Board of Education (SBOE) and students who complete a coherent sequence of career and technical education (CTE) courses as measures within the student achievement domain of the state’s accountability system.
  • HB 3882 (Wilson, R-Marble Falls) would transfer rulemaking authority from the Commissioner of Education to the University Interscholastic League (UIL) for extracurricular activity safety training programs. This is also one portion of the main mandate relief bill referenced above.
  • HB 3906 (Huberty, R-Kingwood) would change references to “reading” to say “language arts” in multiple sections of the law and eliminate the grade 4 and 7 writing test, but add writing to the annual language arts tests. This bill also includes provisions of Rep. Gary VanDeaver’s (R-New Boston) writing portfolio assessment pilot legislation and allows assessments to be administered in multiple parts over more than one day.
  • HB 3963 (Allen, D-Houston) would allow schools to elect to donate extra food to a nonprofit and includes related food safety precautions.
  • HB 4095 (Beckley, D-Carrollton) would require school boards to adopt a policy on custodian workloads.
  • HB 4096 (Beckley, D-Carrollton) would require the Texas Education Agency (TEA) to study recommended standards for school district facility maintenance and custodial services.
  • House Concurrent Resolution (HCR) 134 (Dutton, D-Houston) would designate the second Tuesday in October as Legislators in Schools Day, an opportunity for lawmakers to visit  a classroom in their districts.

ATPE submitted written testimony against HB 1921 by Rep. Jared Patterson (R-Frisco). This bill would remove the cap on funding for full-time virtual schools by eliminating a provision that states funding is limited to programs that were operating on January 1, 2013. This provision was a key addition to the virtual school program law because it ensured that full-time virtual school programs, would neither be completely shut down nor be allowed to replicate until more data was collected on their efficacy. Since that legislation was passed, a growing body of evidence has shown that virtual schools are a poor substitute for traditional, brick-and-mortar classrooms. Therefore, ATPE opposes further expansion of virtual schools as contemplated by this bill. Read our written testimony against HB 1921 here.

The following bills were also heard by the committee on Wednesday:

  • HB 307 (Flynn, R-Van): States that school boards cannot prohibit the posting of the Ten Commandments in classrooms.
  • HB 875 (Allen, D-Houston): Would require that superintendents annually report on student restraints, complaints filed against students, citations issued to students, and student arrests. The data would be made available to the public by TEA.
  • HB 1017 (Martinez, D-Weslaco): Would require schools with 50% or more of students eligible for free or reduced price lunch to donate food to a nonprofit to be distributed to students at the campus.
  • HB 1416 (Lucio III, D-Brownsville): Would require TEA to adopt uniform general conditions for school building construction contracts.
  • HB 2002 (Leach, R-Plano): Would require that districts report their total expenses related to administering required assessments.
  • HB 2183 (Allen, D-Houston): Would require schools to report to TEA and in the Public Education Information Management System (PEIMS) on students who are released to their parents before the end of the instructional day. Parents would have access to the report.
  • HB 2609 (King, K., R-Canadian): Would allow school districts to assign ESL teachers to bilingual education programs if they have a shortage of bilingual education teachers. The committee substitute for the bill allows the bilingual education allotment to be used for teacher salaries and for certifying bilingual teachers in the district.
  • HB 2691 (VanDeaver, R-New Boston): Would require providers of online services used for a school purpose to use unique identifiers that masks student information.
  • HB 2797 (Hinojosa, D-Austin): Enables specialized support campuses or those that only serve students in special education to be considered separately for accountability purposes.
  • HB 3000 (Talarico, D-Round Rock): Would require schools to notify TEA and give written notice to parents if there is a data breach in the district involving students’ information. TEA would maintain a public database of such breaches.
  • HB 3132 (Allen, D-Houston): Would require that staff development for teachers who provide reading instruction in grades K-3 include training in effective instructional practices and the use of validated instructional methods.
  • HB 3146 (Meza, D-Irving): Would require schools to offer students a vegan breakfast and lunch option.
  • HB 3204 (Sanford, R-McKinney): Would prohibit the governing board or commissioners court from including more than one project in any proposition submitted to authorize the issuance of bonds.
  • HB 3467 (King, K., R-Canadian): Would change how School Land Board (SLB) cash is handled to try to increase the ability of the SLB and SBOE to make returns to public education. There have been recent concerns with money that the SLB and SBOE manage and invest, which ultimately makes its way into public schools.
  • HB 3630 (Meyer, R-Dallas): Would prohibit school district employees from engaging in  dangerous techniques for student discipline, which disproportionately impact students with disabilities.
  • HB 3820 (Sherman, D-DeSoto): Would require (at state cost) school districts to administer one of the ACT or SAT to certain students who have taken the Algebra I or English I or II end-of-course exam (EOC).
  • HB 3846 (Capriglione, R-Southlake): Would require the SBOE to develop “mini-courses” on topics such as personal financial literacy, computer coding, and cybersecurity, which districts could use after assessments are administered.
  • HB 3884 (Wilson, R-Marble Falls): Transfers duties for providing bacterial meningitis information from TEA to the Department of State Health Services.
  • HB 3141 (Swanson, R-Spring): Would prohibit a school district from having certain business interests in real estate; arts, entertainment, and recreation; or accommodation and food services.
  • HB 4454 (Rodriguez, D-Austin): Would require the SBOE to adopt developmentally appropriate standards for social and emotional learning and require school districts to use the standards in  appropriate educational programs.
  • HB 4626 (Swanson, R-Spring): Would make the Harris County Department of Education subject to sunset review.

The House Public Education Committee will meet next Tuesday, April 23, at 8 am. See the agenda here, which includes a bill to make children of educators eligible for prekindergarten and a bill to ensure that public school counselors’ time is spent on core counseling duties. The committee is also expected to meet briefly on Thursday, April 18, merely for voting on pending bills.

House Public Education Committee hears bills on civics, bullying, virtual schools, and more

On Tuesday, April 16, 2019, the House Public Education Committee heard bills on topics including civics education, the virtual school network, mandate relief, and accountability.

ATPE supported several bills by registering in favor of the following:

  • House Bill (HB) 2642 (Allison, R-San Antonio) would require the Commissioner of Education to adopt rules requiring school districts and charters to annually report Public Education Information Management System (PEIMS) data on bullying and cyberbullying incidents.
  • HB 3008 (Talarico, D-Round Rock) would create a civic education project fund consisting of grants, gifts, donations, or money that is appropriated, credited, or transferred at the discretion of the legislature. The fund would be used for professional development and for providing public school students in grades four and above who are economically disadvantaged a chance to complete a civic education project.
  • HB 3133 (Allen, D-Houston) would allow school district employees to use their personal leave for compensation on school holidays. Rep. Allen expressed that this bill is intended to help hourly employees stretch their paychecks over unpaid holidays.
  • HB 3521 (VanDeaver, R-New Boston): Part of a mandate relief package to eliminate outdated or redundant statutes, this bill would improve teacher retention data by using PEIMS rather than TRS data, makes technical changes to federal references regarding students who are homeless, and creates a uniform definition of homeless children and youth. The bill also removes a reporting requirement on the administration of epi-pens; includes language on notice of charter campus establishment; and strikes a June 1 deadline for instructional materials. The bill repeals TEA’s online clearinghouse of best practices, recognition of high school completion and success and college readiness programs, and energy-efficient light bulbs in instructional facilities requirements. Rep. VanDeaver stated that he may amend the bill to make its charter notification language stronger.
  • HB 3712 (Bucy, D-Austin) would require the State Board of Education (SBOE) to adopt rules requiring a high school student to be provided at least once with practical information about the process of voting in public elections.

ATPE provided written neutral testimony on HB 496 by Rep. Barbara Gervin-Hawkins (D-San Antonio). ATPE supports provisions in HB 496 that would help ensure student safety through a bleeding kit program in public schools. However, we are concerned with language in the bill affecting an employee’s civil liability immunity. Read ATPE’s written testimony here.

ATPE also provided written testimony against HB 429 by Rep. Matt Shaheen (R-Plano). The bill includes provisions that would expand virtual school programs. The bill would increase the cost and inefficiency of the public education system by allowing for expanded and duplicative virtual instruction. Furthermore, data show that students enrolled in full-time virtual schools regularly under-perform their peers enrolled in traditional classroom settings. Read ATPE’s written testimony here.

The following bills were also heard by the committee on Tuesday:

  • HB 580 (Thierry, D-Houston) outlines the ability of school districts to contract with and reimburse private employers providing career and technical education (CTE) paid internships to students using CTE funds.
  • HB 662 (King, K., R-Canadian) would prohibit the state from recovering money that was incorrectly delivered to schools in certain circumstances.
  • HB 997 (Collier, D-Fort Worth) would require most school districts and charters to conduct and publicly report on lead contamination testing every five years.
  • HB 2013 (Gervin-Hawkins, D-San Antonio) would allow implementation of a Commissioner or agency rule on accountability to be delayed until the second school year after its adoption.
  • HB 2019 (Geren, R-Fort Worth) would require school districts to send written notice to parents with a link to the sex offender database.
  • HB 2572 (Patterson, R-Frisco) would create a pilot program for Districts of Innovation (DOIs) to use portfolio assessment for students in 8th grade social studies and high-school U.S. History.
  • HB 2818 (Lucio III, D-Brownsville) would remove certain statutory requirements for online dropout recovery program.  Rep. Lucio said that his bill would improve HB 3706 from the 85th Legislative Session and restore legislative intent.
  • HB 2879 (Raney, R-Bryan) would create a competitive grant program largely for medical providers to promote early literacy.
  • HB 2881 (Bernal, D-San Antonio) would add another option under last session’s SB 1882 for campuses labelled as “improvement required” by infusing new resources into the campus so that it may be designated a “resource campus.” Components of the program would include re-application of teachers to work at the campus; a 300:1 student-to-counselor ratio; assignment of an effective principal; social-emotional learning; restorative discipline; class-size limits; and an accountability pause.
  • HB 3009 (Talarico, D-Round Rock) would require TEA to advise school districts on civics training materials and resources for educators and add civics to the social studies description in the foundation curriculum. The bill would also require TEKS for civics instruction once in grades 4-8 and as part of at least one high school course. The bill would direct the SBOE as to what must be included as part of civics education and require school districts and charters who implement this curriculum to develop a project-based civics education course.
  • HB 3053 (Gervin-Hawkins, D-San Antonio) would require school districts to adopt a “healthy and safe school water plan” that includes periodic lead testing and reducing exposure to lead in school water.
  • HB 3141 (Guillen, D-Rio Grande City) would require that the Commissioner administer the state (Virtual School Network) VSN in coordination with its administering authority and shift all costs for evaluation and approval to the administering authority. A committee substitute for the bill moves the authority from TEA to the University of Texas at Austin High School.
  • HB 3387 (Anchia, D-Dallas): This bill for Dallas County would abolish the dissolution committee established to abolish county boards of education or boards of county school trustees and transfer all duties and obligations of the committee to the commissioners court of the county.
  • HB 3628 (Goodwin, D-Austin) would require the State Board for Educator Certification (SBEC) to establish a special education certification.
  • HB 3818 (Lozano, D-Kingsville) would create a work-based learning task force to develop strategies for expanding and delivering youth or adult apprenticeships or internships that provide paid work experience and corresponding classroom instruction.
  • HB 3836 (Bell, K., R-Forney) would require rather than allow school districts to consider using open educational resources.
  • HB 4270 (Wu, D-Houston) would allow a municipal management district to provide public education facilities as part of the long list of improvement projects or services they can provide.
  • HB 4342 (Clardy, R-Nacogdoches) would change the composition of the board of directors of the Texas School Safety Center to include a professional architect and three rather than two members of the public.
  • HB 4480 (Meza, D-Irving) would require the commissioner to establish a task force to study the utility, efficacy, and feasibility of art therapy to improve the mental health of students in public and higher education.
  • HJR 112 (King, T., R-Uvalde) would allow Webb County to enter into an agreement with the school districts for which the county holds lands in trust.

On Wednesday, April 17, the House Public Education Committee will meet again to hear bills after the House chamber meets. The committee will also vote out several bills, so stay tuned!

House Public Education Committee hears 38 bills on charters, assessment, and discipline

On Tuesday, April 9, 2019, the House Public Education Committee heard 38 bills, which were overwhelmingly related to charter schools. A few bills regarding accountability, assessment, and student discipline were also heard. The vast majority of charter schools bills focused on raising the transparency and accountability of charters and on creating parity between traditional districts and charters.

ATPE registered support for the following bills:

  • House Bill (HB) 43 (Hinojosa, et al., D-Austin): Would add “discipline history” to the list of prohibited factors a charter can take into account when accepting students and removes the ability of charters to exclude students with documented history of criminal offense, juvenile court adjudication, or discipline problems. Does allow charters with at least 75% students who are 18 years or older to provide for these exclusions.
  • HB 139 (González, M., D-Clint): Would require charters to provide notice of an expansion amendment to open a new campus just as is required for entirely new charters. The notice must be provided no later than 18 months before the campus opens and include geographic specificity.
  • HB 228 (Krause, R-Fort Worth): Would create new eligibility standards for districts to become a District of Innovation (DOI), including academic performance eligibility and financial eligibility, as determined by the commissioner. Requires that the DOI plan establish performance objectives for the district.
  • HB 570 (Capriglione, R-Southlake): Would require the governing bodies of charter holders and charter schools to hold each open meeting in the geographic area in which the charter served and to be broadcast over the Internet (these changes were made in a committee substitute).
  • HB 636 (White, R-Hillister): Applies to the disclosure of interested parties involved in contracts that require a vote by the governing body of the governmental entities or have a value of at least $1 million. Would include open-enrollment charters as governmental entities, just as public school districts are.
  • HB 1730 (Davis, Y., D-Dallas): Would require that new and expanded charter campuses be more than one mile from another open-enrollment charter campus, unless the other campus has been operating at maximum student enrollment described by their charter for at least the two preceding school years.
  • HB 1853 (Pacheco, D-San Antonio): Would require charters to hire certified educators and protect educator rights, including for principals.
  • HB 1981 (Cole, D-Austin): Would expand notification requirements to apply to charter expansion amendments and would require the notice to identify the closest public school campus to the charter.
  • HB 2487 (Dutton, D-Houston): Would make charters subject to the provision of Government Code chapter 617 regarding collective bargaining and strikes.
  • HB 2510 (Hinojosa, et al., D-Austin): Would require that charters post their code of conduct on their website and require it to include suspension policies. Requires that charter policies and procedures for suspension and expulsion comply with Chapter 37 of the Texas Education Code and that suspensions not exceed three days.
  • HB 2621 (Bailes, R-Shepherd): Would create a common admission application form for charters and requires the commissioner to manage a waiting list. Each charter would be required to report to the commissioner information on enrollment and waiting list numbers. Would also require the commissioner to identify which charters are corporate affiliates or substantially related charters holders and aggregate this information, to be posted online with the aggregated enrollment and waiting list numbers reported from the charters.
  • HB 2760 (Allison, R-San Antonio): States that districts can submit a statement to the commissioner regarding the impact a new charter school or charter expansion will have on the district. The commissioner would be required to issue an impact report on the charter application that includes information related to how the charter will affect the community, educational availability and duplication, financial burden on district, cost to state, and the written statement aforementioned. The impact report will be made public on the TEA website and provided to the charter or applicant and the others who are to receive the currently required notice.
  • HB 2776 (Allison, R-San Antonio): Would require charters to prepare and submit to TEA an “informed choice report” that includes academic information, demographic information, their calendar, information on transportation and meals, information on extracurriculars and academic course offerings, parental requirements, rights, and responsibilities, teacher statistics including salary, number on the waiting list, admission criteria, discipline policies, rates of disciplinary action, if the school uses an online program, number of school counselors and nurses, and if students have access to a library.
  • HB 2824 (VanDeaver, R-New Boston): Would extend Rep. VanDeaver’s writing pilot from the 84th session (HB 1164) through 2022-2023. This writing portfolio assessment tests the feasibility of replacing the current 26-line essay requirement. Would require the agency to develop methods to determine the validity of the scoring process. Rep. VanDeaver said that there were 30,000 students participating in Spring of 2018, and only 5-6 staff members in charge of the pilot at TEA.
  • HB 2964 (Davis, Y., D-Dallas): Would prohibit the employment of those who have engaged in misconduct that presents a risk to students, as documented by either a school district or the State Board for Educator Certification.
  • HB 2983 (Huberty, R-Humble): Would reduce the number of state-administered assessments for students who have already demonstrated mastery in certain subjects, potentially reducing tests from 17 to 10.
  • HB 2987 (Ramos, D-Richardson): Would require charters to post for each governing board member their biographical information, business interests, if they are elected or appointed, and the length of their service.
  • HB 3013 (Talarico, et al., D-Round Rock): States that charters are subject to the law regarding the suspension of students and restricts the reasons charters can expel students only to Section 37.007 of the Texas Education Code.
  • HB 3069 (González, M., et al., D-Clint): Would require the commissioner to establish a professional development grant program to encourage teachers to obtain computer science certification and continue professional development in coding, computational thinking, and computer science education.
  • HB 3263 (Allen, D-Houston): Would protect charter school employees under the Whistleblower Act, just as school district employees are.
  • HB 3877 (Ramos, D-Richardson): Would require charter schools to post their financial statements through a clearly identifiable link that appears in a prominent place on their home page.
  • HB 4242 (Bernal, et al., D-San Antonio): Would require that state assessments be evaluated by an independent group of qualified educators with Texas teaching experience for readability. Requires the commissioner to hold a public hearing before determining the readability of the assessments and requires that the readability be released for each questions and passage along with the questions and answer keys (at the appropriate time). Requires the State Board of Education to review assessment instruments and places a one-year pause on accountability and testing until unless the readability standards are met. Requires the commissioner to request a federal waiver if standards are not met.

ATPE submitted  written, neutral testimony on Chairman Dan Huberty’s (R-Humble) HB 3904. HB 3904, in general, is a “clean-up” bill for last session’s HB 22, and aims to clarify and specify the law to match the original intent of the policy. The bill clarifies the treatment of dual credit as an accountability measure and adds in complete coherent industry certification course sequences, students who participate in extracurriculars, and ninth graders who are on track to graduate with their cohort. For K-8, the bill adds indicators accounting for students who participate in full-day pre-K, students who participate in math and literacy academies, and students who participate in extracurriculars. Importantly, the bill limits the domain performance ratings to be no more than 50% reliant on test scores. For the student achievement domain, 40% would be attributed assessments, 20% from high school graduation, and 40% from CCMR. The bill also makes changes to accountability for dropout recovery schools. Individual graduation committees are also continued in this bill.

ATPE did not support the provision in the original bill that allowed the commissioner to order reconstitution of a below-standard campus and implement “strategic staffing”, which was largely based on test performance-based measures of teachers. The Chairman has changed the bill in a committee substitute to eliminate this provision, which is great!

The following bills were also heard in committee:

  • HB 769 (Davis, S., et al., R-West University Place): Would require the board of trustees to receive approval from the commissioner for any severance payment to a superintendent who has been terminated based on malfeasance. Further requires that Foundation School Program funds may not be used to pay the severance and that no severance may be paid to a superintendent who has completed less than 51% of their contract. The committee substitute for the bill clarifies the definition of malfeasance and removes retroactive reporting.
  • HB 1003 (Collier, D-Fort Worth): Would create an admission preference for students who reside in the attendance zone of the school district within which the charter is located. Allows for a separate lottery for these students.
  • HB 1301 (Davis, S., R-West University Place): Would require school districts with enrollment of 10,000 or more to publish monthly web reports on board minutes, plans, and objectives, and quarterly reports on academic achievement and district finances. This bill is aimed at only affecting Houston ISD.
  • HB 2190 (Hunter, R-Corpus Christi): This bill only applies to a charter with an enrollment greater than 200 located in a county with less than 400,000 that contains a municipality of least 300,000 (aimed specifically at a Corpus Christi area school). Allows the charter to admit a child of a school employee. Testimony on the bill was positive and Hunter said that he would entertain the bill being statewide. Chairman Huberty said they could change the bill to impact the entire state as an amendment on the House floor.
  • HB 2406 (Geren, R-Fort Worth): States that a charter may not spend public funds for political advertising or for communications describing measures that are false or could influence voters. Brings parity to charters, as school districts are already subject to this law.
  • HB 2488 (Dutton, D-Houston): States that if a charter school has 5,000 or more students in average daily attendance, it is considered to be a state agency for purposes of Chapter 2161 of the Government Code regarding Historically Underutilized Business (HUB). Just as school districts do, charters would have to comply with provisions regarding HUBs, which would include a commitment to increasing contracting opportunities with these businesses.
  • HB 2991 (Talarico, D-Round Rock): Would require, rather than allow, districts and charters to develop and implement a positive behavior and restorative justice program. Through the program, the district or school can provide an alternative to suspension. Creates, in Chapter 37 of the Texas Education Code, a restorative justice coordinating council to assist the agency and school districts in developing restorative justice programs and training.
  • HB 3012 (Talarico, et al., D-Round Rock): Would require that school districts provide students an alternative means of instruction for the classes the student misses while in in-school suspension (ISS) or out-of-school suspension (OSS), and that at least one option should not require the use of the internet. The committee substitute for this bill reduces this requirement to only apply to core courses and states that the instruction doesn’t have to be in-person.
  • HB 3155 (Deshotel, D-Beaumont): Would require municipalities to regard charters as school districts for purposes of zoning, permitting, code compliance, and development. Also applies land development standards to charters. Would prohibit municipalities, counties, or political subdivisions from enacting or enforcing an ordinance that prohibits a charter school from operation.
  • HB 3219 (Allison, R-San Antonio): Would allow campus behavior coordinators to create behavior contracts for students who violate the code of conduct and require their parent to sign the contract as a condition of not taking immediate action against the student.
  • HB 3322 (Burns, R-Cleburne): Would require school districts to post who is responsible for discipline on their website. According to testimony, the bill arose out of a town hall by Senator Kolkhorst.
  • HB 3398 (Johnson, Jarvis, D-Houston): Would require the TEA committee responsible for reviewing accountability appeals to review the challenges by school districts or charters. Requires that the commissioner not limit the challenge if the school district or charter created the inaccuracy and requires that the commissioner correct the rating if the rating assigned was too low.
  • HB 3861 (Bohac, R-Houston): Would allow districts who have been granted program charters by their board and who have contracted with a charter to jointly operate the campus and receive district-charter funding under last session’s SB 1882. Rep. Bohac said that this would only affect Spring Branch ISD and Aldine ISD in the Houston area, as these districts already have such program charters.
  • HB 3941 (Deshotel, D-Beaumont): Would require TEA to develop a process for providers to apply for the authority to operate an online adult high school diploma from for eligible students. Student must reside in Texas, be 19 or older, have been unable to satisfy high school graduation requirements at the normal time, have been unable to meet the graduation requirements of any other program, and meet any other requirements as set out by the commissioner.
  • HB 4209 (Davis, Y., D-Dallas): Would require that charter governing board members are elected and that their terms do not exceed four years. Parents of students enrolled would be able to vote. Rep. Davis said that the bill will be revised.

The Committee will meet again this Thursday for a formal meeting just to vote out bills that have been heard by the Committee so far. Chairman Huberty stated at the end of the hearing that most of the controversial bills have been heard now, but that nearly 600 bills have been referred to them. There are still several weeks of session to go and many more important bill topics to cover! Stay tuned.

House Public Education Committee hears bills on home-schooler UIL participation, health and safety, and more

On Thursday, April 4, 2019, the House Public Education Committee met to hear bills on several topics, including home-schooled students’ participation in UIL, student health, protected speech, and the available school fund.

ATPE supported several of the bills on yesterday’s committee agenda:

  • House Bill (HB) 348 (Nevárez, et al., D-Eagle Pass): Would allow school districts to provide increased compensation to a teacher who completes an autism training provided by a regional education service center. This bill was not actually heard by the committee yesterday due to a last-minute change.
  • HB 1602 (Hernandez, D-Houston): States that a school district may not begin instruction before 8 am and calls for appropriating over $755 million to the Texas Education Agency (TEA) for the purpose of offsetting the additional transportation costs associated with the bill. Rep. Hernandez said that 34% of Texas schools start in the 7 am hour, and some students wait in the dark for the bus as early as 5:45 am. A student testified for the bill, saying it would help her get more sleep and receive less disciplinary action. ATPE member Yen Rabe also testified in support as one of several witnesses who cited increased safety and student well-being if the school day were to start later.
  • HB 2738 (Meyer, R-Dallas): Would expand educator misconduct provisions adopted through SB 7 from the 2017 legislative session to also include non-certified employees, such as those who may work in charter schools and Districts of Innovation. The bill would require TEA to create a “do-not-hire” registry of these non-certified persons.

ATPE registered in opposition to HB 1324 by Rep. James Frank (R-Wichita Falls), which would require public schools participating in UIL activities to provide home-schooled students who meet certain eligibility requirements with the opportunity to participate in the activity. Districts would likely incur costs from this mandate, and HB 1324 does not ensure that home-schooled students would be subject to the same requirements and thus on a level playing field with their public school peers. Testimony on this bill was split between those who had concerns about implementation, costs to public schools, and increased government oversight, and those who wanted to be able to participate in UIL activities, especially sports. Read ATPE’s written testimony against the bill here.

The following bills were also heard by the committee yesterday:

  • HB 873 (Allen, D-Houston): Would require the admission, review, and dismissal (ARD) committee to review students’ behavior intervention plans (BIPs) at least annually for those who have a BIP as part of their individualized education plan (IEP). This bill also requires changes to the student code of conduct, including parent notification about the student’s BIP or if the student needs a BIP when violations of the code occur, and it changes law around the use of restraints and time-outs, requiring detailed notification to parents. Lastly, the bill requires that if a school district takes disciplinary action against a student with disabilities that results in a change in placement, the district must conduct a behavioral assessment and develop or revise the student’s BIP.
  • HB 1131 (Cole, et al., D-Austin): Would create the “Texas Public Finance Authority” to act as a “paying agent” under current law for the guarantee and payment of bonds. School districts could also borrow money from the new authority.
  • HB 1906 (Burns, R-Cleburne): Would allow a parent of a student with severe cognitive disabilities to request that the child be exempted from required assessments. The ARD committee would make further determinations on whether the student should be exempted and what the best assessment instrument for the child would be. Special education advocates testified about concerns with making sure someone is still held accountable for growth and progress of these students, and argued that assessments should be fixed rather than removing students from taking assessments altogether.
  • HB 2097 (Krause, et al., R-Fort Worth): This bill would allow only Arlington ISD to withdraw from TRS-ActiveCare under a pilot project. Representatives of the school district testified that healthcare costs for its employees under TRS are too high, but members of the committee were cautious and indicated there should be more study on statewide impact before allowing one district to have special treatment.
  • HB 2244 (González, M., D-Clint): Would define what is protected speech and require school districts to adopt a policy establishing rules regarding students’ right to exercise freedom of the press at school. Testimony supporting the bill included remarks from students, teachers, a professor, and a lawyer.
  • HB 2393 (Burrows, R-Lubbock): Would require the State Board of Education (SBOE) and the Texas Parks and Wildlife Department (TPWD) to develop a hunter education course for students in grades 7-12 that a school district can use as a part of its physical education curriculum. Rep. Burrows stated that there are barriers to children being able to take hunter education and that many violations have been committed by hunters, presumably as a result of lack of education.
  • HB 2555 (Parker, R-Flower Mound): Would update the guidelines on food allergies and require school boards and governing bodies of charters to update their policies on caring for students with food allergies who are at risk of anaphylaxis.
  • HB 2689 (Dean, et al., R-Longview): Would require each school superintendent to designate a cybersecurity coordinator to serve as a liaison between the district and TEA. Rep. Dean stated that student data, such as social security numbers, are particularly valuable and in need of protection.
  • HB 2739 (Meyer, et al., R-Dallas): Would require private school administrators to report misconduct by educators they employ to the State Board for Educator Certification (SBEC) and allow them to obtain information from SBEC any reports the board has about prior misconduct or criminal histories of such individuals.
  • HB 2740 (Meyer, et al., R-Dallas): Would require the Department of Family and Protective Services to release information regarding child abuse and neglect investigations and allegations to private schools, as it does for public schools.
  • HB 3683 (Dutton, D-Houston): Would allow the commissioner to authorize a charter or campus program to provide a dropout recovery program for grades 9-12, at which 50% of the enrollment must be students who are age 17 or older. Eligible students would include those who have dropped out or been in a disciplinary alternative education setting, as well as homeless students, working students, asylees and refugees, or at parent request. Charter school advocates testified that the bill would improve student retention and completion.
  • HB 4205 (Craddick, R-Midland): Would allow repurposed campuses to be operated in partnership with certain nonprofits that have a successful record of operating a campus or charter. Former Speaker Craddick stated that a school slated for closure has only two options (close the campus or appoint a board of managers), and his bill offers a third option by allowing non-profit charters to partner with the school district to reopen the school. TEA General Counsel Von Byer said the campus would still have to be closed and repurposed, and that the repurposed campus would have to serve a majority of new students and offer a distinctly different academic program.
  • HB 4613 (Shaheen, R-Plano): Would allow parents to request an exemption from state and federal testing requirements for special education students, potentially through a federal waiver. Special education advocates testified with concerns on meeting federal reporting requirements and having accountability for all students, including those with disabilities.
  • HB 4611 (Huberty, R-Humble) and its related House Joint Resolution (HJR) 151 (Huberty, R-Humble): Would propose a constitutional amendment to allow the General Land Office’s (GLO) School Land Board to transfer up to $600 million to the available school fund. The current allowable contribution is only $300 million. Testimony from both the GLO and from Dr. Keven Ellis of the SBOE was neutral, focused on finding avenues to increase funds to the available school fund.

The following pending bills heard during prior meetings were voted favorably from committee on Thursday: HB 851, HB 1026, HB 1517, HB 1639, HB 1640, HB 1823, HB 2511, HB 2984, HB 3007, HB 3217, HB 3323, HB 3435, HB 3966, HCR 59, HB 843, HB 1160, HB 1276, HB 1632, HB 2030, HB 2184, HB 4310, and HB 2210.

The House Public Education Committee will meet again on Tuesday, April 9, 2019, to hear a variety of bills, mostly pertaining to charter schools.

House Public Education Committee hears bills on pre-K, tech apps, educator prep, data transparency, and more

On Tuesday, April 2, 2019, the House Public Education Committee heard several bills related to a variety of topics.

ATPE registered positions in support of three of the bills heard in committee:

  • House Bill (HB) 1517 (Coleman, D-Houston): Would require schools, including charters, to notify parents if they do not have a full-time nurse for 30 or more consecutive instructional days. The bill excludes schools that enroll fewer than 10,000 students.
  • HB 2030 (Turner, John, D-Dallas): Would allow eligible three-year-olds enrolled in pre-K to continue their eligibility the next school year, which helps parents avoid intensive paperwork of re-registration and reduces the administrative burden on districts.
  • HB 2184 (Allen, D-Houston): Would create collaborative policies for improving a student’s transition from an alternative education setting back to the regular classroom. A committee substitute for the bill clarifies that teachers who implement the transition plan are included on the planning committee.

The following bills were also heard by the committee:

  • HB 963 (Bell, C., R-Magnolia): Would add technology applications courses to the career and technical education (CTE) allotment, so that students in those courses would receive the same weighted funding as students in CTE courses.
  • HB 1468 (Talarico, D-Round Rock): Would create a “public school mental health task force” to determine the effectiveness of school counseling programs and ways to improve school climate and report that data to the Texas Education Agency (TEA).
  • HB 2984 (Allison, R-San Antonio): Would require the State Board of Education (SBOE) to add essential knowledge and skills (TEKS) to the technology applications curriculum related to coding, computer programming, computational thinking, and cybersecurity. One witness noted that the TEKS are set to be revised in 2021 regardless.
  • HB 3007 (Turner, Chris, D-Grand Prairie) Would require TEA to provide districts all source data that was used in computing their accountability ratings. Rep. Turner stated that districts are not given access to all the data used to determine their A-F accountability ratings and that his bill gives districts the opportunity to view the data during the appeals process. Witnesses representing Arlington ISD, who requested the bill, testified that their college, career, and military readiness data was missing information on 206 students.
  • HB 3217 (Ashby, R-Lufkin): Would reauthorize institutions of higher education to offer a bachelor’s degree in education and eliminate the 18-semester-hour cap on the number of education courses allowed for a degree. One witness testified against the bill, stating that Texas needs subject matter specialists and that content hours should not be decreased. The Texas Association of Colleges for Teacher Education spoke to the importance of pedagogy and testified that students would not experience longer degrees as a result of the bill.
  • HB 3323 (Burns, R-Cleburne): Would require a school district to post employment policy documents on its website.
  • HB 3435 (Bowers, D-Garland): Would establish March 1 as Texas Girls in STEM Day.
  • HB 3966 (Raymond, D-Laredo:  Would require the governor to designate Holocaust Remembrance Week in public schools.
  • HB 3710 (Bell, K., R-Forney): Would require TEA to develop free, electronic tutorials for end-of-course assessments at an estimated cost of $3/student.
  • HB 4310 (Dutton, D-Houston): Would require districts to allow teachers sufficient time to teach a given curriculum and states that districts may not penalize a teacher for failing to follow the scope and sequence timeline if the teacher determines that the students need more learning time.
  • HB 4487 (Frullo, R-Lubbock): States that students sent to the campus behavior coordinator are not considered to have been removed from the classroom for purposes of reporting in the Public Education Information Management System (PEIMS).
  • HCR 59 (Guillen, D-Rio Grande City): Would designate the second week of November as School Psychologist Appreciation Week.

The House Public Education Committee will meet again on Thursday, April 4, to hear bills on UIL and student health, and again on Tuesday, April 9, to hear bills related to charter schools. In news from the full House, Chairman Huberty’s school finance and tax reform bill, House Bill 3, will be up for debate in the House chamber on Wednesday, April 3. Follow @TeachtheVote and your ATPE lobbyists (@ATPE_AndreaC, @ATPE_MontyE, @ATPE_JenniferM, and @markwigginstx) on Twitter for updates on the action!

House Public Education Committee hears 35 bills on school safety

On Tuesday, March 26, 2019, the House Public Education Committee heard 35 bills on various issues related to school safety. Some bills focused on student-centered measures such as mental health supports and counseling services; some focused on administrative structures such as threat assessment teams and trauma-informed care policies; some focused on school hardening and increasing the presence of law enforcement in schools; and a few focused on funding.

Those who testified during the lengthy hearing yesterday tended to fall into three camps. Those with an interest in mental health, counseling, educational equity, and disability rights overwhelmingly supported bills that focus on the care of students, citing research that shows these intervention methods work to make schools safer. Other testifiers were interested in gun rights aspects of the bills and either wanted to ensure that the Second Amendment was upheld in school safety policies or wanted to keep increased levels of firearms out of schools. Lastly, some witnesses, such as those representing school districts, expressed the long-term needs for both school-hardening structural changes and programmatic and service changes relating to counseling, mental health, and emotional health.

North East ATPE President Laura Herrera testified in support of a school safety bill during the House Public Education Committee hearing on March 26, 2019.

Rep. Greg Bonnen’s (R-Friendswood and the Speaker’s brother) House Bill (HB) 17 was the largest bill of the day and incorporated many of the concepts that other bills on the agenda also offered. Rep. Bonnen shared a newer version of his bill with the committee that would do the following:

  • Allow the Commissioner of Education to create rules on best practices for safe and secure facilities.
  • Require local mental health authorities (LMHAs) to employ a non-physician mental health professional as a resource for school districts.
  • Require that a trauma-informed care policy be included in school district improvement plans and address awareness and implementation of trauma-informed practices through TEA-approved training for new employees (which may also be incorporated into staff development).
  • Create an exception for minimum minutes of operation so that educators can attend a school safety training course.
  • Require multi-hazard emergency operations plans to incorporate the work of the Texas School Safety Center (TxSSC) and follow stringent preparedness guidelines. District multi-hazard plans would be reviewed and districts would be given a chance to make corrections. If districts fail to submit or correct the plan, they would be subject to conservatorship, just as with accountability sanctions.
  • Require a district that receives notice of noncompliance for their security and safety audit or their multi-hazard plan to hold a public hearing and provide information to the public.
  • Require that school safety and security committee participants include a variety of new individuals, including law enforcement representatives, a teacher, and parents.
  • Establish threat assessment teams for each campus, which would be responsible for determining the appropriate method of assessment and intervention, as well as identifying and reporting students who risk a serious threat of violence to others or themselves. The TxSSC must create model threat assessment team policies and procedures, including procedures for the referral of a student to an LMHA, health care provider, or special education evaluation.
  • Create a “school safety allotment” at an unspecified amount to be used to improve school safety and security through school facilities and technology, law enforcement and school marshals, and training and planning (including prevention such as mental health personnel).
  • Allow bonds to be issued for retrofitting school buses or purchasing/retrofitting other vehicles for safety or emergency purposes.

ATPE did not testify orally on any of the bills heard yesterday, but did register a position in support of the following bills:

  • HB 1312 (Moody, D-El Paso): Would allow a district to contract with a LMHA to provide mental health services. The Human Health and Services Commission (HHSC) would let school districts enroll as providers so that they can receive Medicaid reimbursements for providing the services.
  • HB 1496 (Metcalf, et al., R-Conroe): Would require law enforcement officials who learn of a school violence threat to let the superintendent know as soon as possible. The superintendent would then notify appropriate personnel.
  • HB 1754 (Bonnen, G., et al., R-Friendswood): Would create a $50 per student “school safety allotment” that can be used for school hardening and prevention and treatment programs for addressing adverse childhood experiences.
  • HB 2511 (Allen, D-Houston): Would require campus improvement plans to include goals and methods for bullying prevention and dropout deterrence, including providing teacher continuing education and materials or training for parents.
  • HB 2994 (Talarico, et al., D-Round Rock): Would require the commissioner to develop mental health training materials for school districts to use. The commissioner must consult with teachers and mental health professionals and make the training available through various methods.
  • HB 3411 (Allison, R-San Antonio): Would amend the list of programs created by TEA, the Department of State Health Services (DSHS), and Education Service Centers (ESCs) to include programs and practices in early mental health and substance abuse prevention and intervention, positive school climate, and suicide prevention, intervention, and postvention (healing). The suicide prevention programs should include components that prepare personnel to assist students in returning to school following a mental health concern or suicide attempt. The bill would require districts to develop practices and procedures regarding the programs on the list.

The following bills were also heard by the committee:

  • HB 366 (González, M., D-Clint): Would direct the State Board of Education (SBOE) to adopt age-appropriate and accurate Texas Essential Knowledge and Skills (TEKS) related to relationship, communication, and decision-making skills.
  • HB 567 (Capriglione, R-Southlake): Would adjust a district’s wealth per student by deducting revenue spent on campus security during the previous year.
  • HB 734 (Huberty, R-Humble): Would allow board members and superintendents to carry a concealed or open handgun to a board meeting.
  • HB 876 (Allen, et al., D-Houston): Would require ALL districts with district police or school resource officers (SROs) to adopt a training policy. Current law only applies to districts with 30,000 or more students.
  • HB 973 (Metcalf, et al., R-Conroe): Would require that the TxSSC report to TEA on district non-compliance with certain safety requirements and allow TEA to impose a penalty up to the amount of the superintendent’s salary.
  • HB 974 (Metcalf, et al., R-Conroe): Would change the cycle of the safety and security audit from three to two years and require districts to check the ID of a person who is coming to the school for a non-public event. Current law leaves checking IDs for non-public events up to districts.
  • HB 975 (Metcalf, et al., R-Conroe): Would require trustees to complete school safety training, as developed by the SBOE and the Texas School Safety Center.
  • HB 976 (Metcalf, et al., R-Conroe): Would require trustees and charter school governing board members to complete school safety training and make charters subject to certain safety requirements. The bill also establishes an emergency management coordinator for each district to lead the security and safety committee and creates threat assessment teams.
  • HB 1026 (Bohac, R-Houston): Would require the SBOE to incorporate character trait instruction  into the K-12 TEKS. Adds “gratitude” to the existing list of character traits under current law and requires each school district and charter to adopt a character education program and submit it to TEA. The agency would collect data and designate “Character Plus Schools” that demonstrate a correlation between the program and increase in attendance and decrease in discipline.
  • HB 1106 (Swanson, R-Spring): Would eliminate the current cap on school marshals (not more than the greater of one per 200 students or one per building on each campus) for public and private schools.
  • HB 1143 (Hefner, R-Mount Pleasant): Would prevent districts and charters from regulating the manner in which guns or ammunition are stored in vehicles on school property for those who hold a license to carry.
  • HB 1387 (Hefner, R-Mount Pleasant): Would allow an increase in school marshals by changing the ratio from one marshal per 200 students down to one marshal per 100 students for public and private schools.
  • HB 1467 (Talarico, et al., D-Round Rock): Would mandate ratios of mental health professionals to law enforcement based on school district size, decreasing the ratio for smaller districts, and allow districts to request a TEA waiver if they can’t comply. The waiver would require districts to document that they tried to hire mental health professionals and require that law enforcement complete training.
  • HB 1471 (Darby, R-San Angelo): Would allow, under an optional board policy, veterans and retired law enforcement to volunteer to provide security services and carry a handgun at schools. The program would be included in the district’s multi-hazard emergency operations plan and include training for each volunteer.
  • HB 1623 (Coleman, D-Houston): Would update staff development to require training on trauma-informed practices, which, in addition to suicide prevention training, would have to take place at least once every five years. The bill would update the list of programs that DSHS, TEA, and ESCs create to specify that trauma-informed practices must include training on recognizing trauma in students; recognizing warning signs such as lowered academic performance, depression, isolation; and, learning to intervene effectively. It would make charters subject to the new requirements, require reporting to TEA on the number of personnel trained, and withhold funds for mental health supports if a district or charter doesn’t report.
  • HB 1640 (Martinez, D-Weslaco): Would create a life skills pilot program on each high school campus in certain counties.
  • HB 1825 (Cortez, D-San Antonio): Would require information shared by law enforcement with a superintendent on student offenses to include whether it is necessary to conduct a threat assessment or prepare a safety plan related to the student.
  • HB 1959 (Hefner, R-Mount Pleasant): Would allow those with a license to carry to have their firearm/ammunition in the parking lot for a private school.
  • HB 2195 (Meyer, R-Dallas): Would require an active shooter emergency policy to be included in a school district’s multi-hazard emergency operations plan.
  • HB 2653 (Rosenthal, D-Houston): Would require the establishment of threat assessment teams in charter schools and public school districts.
  • HB 2654 (Rosenthal, D-Houston): For new construction, would require a school district to follow building standards that include a key-less lock on each entrance, narrow classroom door windows, window coverings, a PA system, and security cameras. Charters would also be subject to the regulations for new buildings. The bill would require live feed from the cameras to be available to police, testing the PA system regularly, and storing an active shooter medical kit. School districts wouldn’t be able to seek bond guarantees without following the standards.
  • HB 2655 (Rosenthal, D-Houston): Would require an active shooter protocol to be included in the multi-hazard emergency operations plan and that school law enforcement complete an active shooter training.
  • HB 2997 (Talarico, et al., D-Round Rock): A newer version of the bill offered by its author in yesterday’s hearing would extend suicide prevention training to all school employees and require districts and charters to provide the training once every four years.
  • HB 3018 (Allison, R-San Antonio): Calls for the SBOE to require districts to incorporate digital citizenship instruction into its curriculum, which includes healthy online behavior.
  • HB 3235 (Ramos, D-Richardson): Would require suicide prevention training at least once every two years. Current law leaves the frequency of the training up to TEA, which has determined that employees only have to complete it once.
  • HB 3290 (Toth, R-Woodlands): Would require districts to include a special threat response policy in their multi-hazard emergency operations plan, as coordinated with an emergency services agency. The policy must use “standard nomenclature,” conduct annual drills, be submitted to the commissioner and director of public safety, include protocols for law enforcement, and be consented to by each emergency services agency.
  • HB 3470 (Allen, D-Houston): Would allow the Texas School for the Deaf and school districts to engage with law enforcement for the provision of school resource officers. Outlines that school boards must determine the duties of the school law enforcement and include these in certain documents. The bill would prohibit these individuals from engaging in routine student discipline duties, school administrative tasks, or contact with students not related to law enforcement.
  • HB 3718 (Parker, et al., R-Flower Mound): Would require a trauma-informed care policy to be included in the district improvement plan. The policy should increase staff and parent awareness of trauma-informed care, implement trauma-informed practices, and address available counseling options for students. The training used to implement the policy should be provided through evidence-based programs for new and existing employees. Districts must maintain the names of those who complete the training and make a reasonable effort to partner with a community organization to provide free training if they don’t have the resources.

Next week, House Bill 3, Rep. Dan Huberty’s big school finance bill, heads to the House floor for debate. Considering the large number of legislators in the House who have signed on to the bill, it is expected to pass easily. However, floor debate opens up the bill to amendments that could change it. Follow @TeachtheVote and the ATPE lobbyists on Twitter (@ATPE_AndreaC, @ATPE_MontyE, @MarkWigginsTX, @ATPE_JenniferM) and continue reading our blog posts here for updates!

House Public Education Committee hears 21 bills, approves school finance plan in HB 3

House Committee on Public Education, March 19, 2019

On Tuesday, March 19, 2019, the House Committee on Public Education heard 21 bills on a variety of topics, including compensatory and accelerated education services, elections, and the state’s share of public education funding. Additionally, the committee voted out several bills, including Chairman Dan Huberty (R-Humble) and the Texas House’s plan for school finance, HB 3. Read our blog post on HB 3 here for more information on what’s in the bill.

The following bills were considered by the committee during yesterday’s hearing:

  • HB 462 (Geren et al., R-Fort Worth): This bill enables House Joint Resolution (HJR) 24, which was also on the agenda for Tuesday, and states that the legislature must set base funding and guaranteed funding for each fiscal year at an amount necessary to comply with a minimum state share of education funding at 50% or a greater amount. This bill would cost $10 billion over the next two years. The minimum state share of 50% would be set by HJR 24 (see below).
  • HJR 24 (Geren, R-Fort Worth): Proposes a constitutional amendment requiring the state to pay at least 50% of the cost of maintaining and operating the public school system and prohibits the comptroller from certifying legislation containing an appropriation for public education unless the requirement is met. Constitutional amendments, if passed, are voted on by Texans and require a two-thirds majority for final passage.
  • HB 548 (Canales, D-Edinburg): Would require that districts and charter schools use Texas’s Public Education Information Management System (PEIMS) to report truancy information on the number of: children who fail to enroll, children who fail to attend without excuse for 10+ days within a six-month period in same school year, students for whom a district initiates a truancy prevention measure, and parents of students that schools have filed a truancy complaint.
  • HB 735 (VanDeaver et al., R-New Boston): Rep. VanDeaver explained that HB 735 allows districts to lower and raise their tax rate to a maximum that was previously approved by voters in the past 10 years without a tax ratification election (TRE). He stated that this helps districts provide tax relief without worrying about the cost of an election in the future should the district need to raise its tax rate. HB 735 also requires a Comptroller study of the bill.
  • HB 1160 (Johnson, J., D-Houston): Would allow the compensatory education allotment to be used for guidance, counseling, and/or social work services provided by a licensed social worker or licensed professional counselor.
  • HB 1182 (Goodwin et al., D-Austin): Would change personal financial literacy from an elective to a required course. The committee substitute changes the bill so that the number of credits required for graduation would remain the same.
  • HB 1199 (Miller, R-Sugarland): Would change the way the Texas Education Agency (TEA) monitors school district compliance with dyslexia screening and testing to be more stringent. TEA would develop rules to audit, monitor, conduct site visits of all school districts, identify compliance problems, and develop remedial strategies to address noncompliance.
  • HB 1388 (VanDeaver, R-New Boston): Would require, in the student achievement domain of the accountability system for high school campuses and their districts, a measure of students (rather than a percentage of students) who successfully complete a practicum or internship approved by the State Board of Education (SBOE) and students who successfully complete a coherent Career and Technical Education (CTE) sequence.
  • HB 1453 (Bernal, D-San Antonio): Would require that one of the four teachers on the State Board for Educator Certification (SBEC) has to be a teacher certified in special education with classroom experience. Requires SBEC to propose rules to establish a minimum requirement of field-based experience in which an educator certification candidate actively implements an Individualized Education Plan (IEP). Updates staff development requirements to include training on IDEA and proactive and evidence-based inclusive instructional practices. Also allows for remote coaching for teachers in rural areas.
  • HB 1556 (VanDeaver, R-New Boston): Would make changes to law regarding the purchasing of goods and services to increase clarity for districts. Eliminates the phrase “in the aggregate” so that districts are not met with challenges in purchasing smaller chunks of goods.
  • HB 1597 (Lambert, R-Abilene): Would apply to a person whose parent or guardian is active-duty, allowing them to establish residency by providing a military order to the school district. Then, the family must provide proof of residency within ten days after their arrival date. The bill would also make charter schools subject to the same law.
  • HB 1632 (Bell, K. et al., R-Forney): For purposes of a school district’s provision of compensatory education, intensive, or accelerated services, the bill would add the following to the definition of “student at risk of dropping out of school:” student with dyslexia, educationally disadvantaged, has enrolled in 2+ public schools in the same school year for either the current or preceding school year, or has 10+ absences in a school year in the current or preceding school year.
  • HB 1639 (Martinez, D-Weslaco): States that, before December 21, 2024, boards of trustees can change the length of the terms of their trustees to either three- or four-year staggered terms.
  • HB 1664 (King, Ken, R-Canadian): Rep. King said that this bill cleans up some of the implementation issues with last session’s educator misconduct bill, SB 7. The bill states that a superintendent or director is not required to notify SBEC or file a report if they complete an investigation into educator misconduct before the educator’s termination and determine that the educator did not engage in the misconduct.
  • HB 1773 (Middleton, R-Wallisville): States that for districts that have their administration in a permanent building and students in a portable, the district has to put the administration in the portable and make classrooms in the former administration building.
  • HB 1823 (Cortez, D-San Antonio): Would change a the heading in law relating to the payment of school facilities allotments to more accurately reflect current practice.
  • HB 2116 (White et al., R-Hillister): For purposes of a district’s provision of compensatory education, intensive, or accelerated services, adds to the definition of “student at risk of dropping out of school:” student who has been incarcerated or has a parent who has been incarcerated.
  • HB 2210 (Bell, K. et al., R-Forney): Under this bill, students who receive residential services in a state hospital would not be considered in the accountability of the district or campus that the hospital is located in if their parent does not reside in the district.
  • HB 2424 (Ashby, R-Lufkin): Would require SBEC to propose rules to establish and issue micro-credentials for educators, which would be placed on their certificates. The agency would approve Continuing Professional Education (CPE) providers to offer micro-credential courses (which could include school districts).
  • HB 2778 (King, T., D-Uvalde): Would change the joint election agreement regarding election expenses so that it applies to a school district that has territory in at least four counties, each with a population of less than 55,000 (rather than 46,100).
  • HB 3134 (Middleton, R-Wallisville): Would allow a board of trustees to establish and operate a transportation system outside the county or district if students served by the county system or enrolled in the district reside outside the county or district.

The following bill was on the agenda but was not heard:

HB 1679 (Price, R-Amarillo): Would require the Texas Higher Education Coordinating Board (THECB) to provide limited student loan repayment assistance for eligible school counselors who apply and qualify.

The following bills were voted out favorably by the committee, which means they will now move on to the House Calendars Committee and face judgement on whether and when they may come before the entire House of Representatives for a vote: HB 3, HB 55, HB 391, HB 613, HB 663, HB 692, HB 808, HB 811, HB 960, HB 961, HB 1133, HB 1480, and HB 2074. Rep. VanDeaver’s HB 1051, which was heard last week and relates to the Goodwill Excel Center, was also voted out after VanDeaver and Rep. Alma Allen (D-Houston) came to an agreement that there would be a floor amendment to address her concerns about the bill.

How K-12 education fares in the President’s fiscal year 2020 budget

Credit: CNN.com

In each fiscal year (FY), which runs October 1 through September 30, the President releases his vision for the country’s budget. It really is just that- a statement on how the President believes money should be spent based on his (or her) priorities. Actual fiscal determinations are made by Congress. For example, past presidential budgets have proposed eliminating Title II of the Every Student Succeeds Act (ESSA), which provides over $2 billion in grants to states to improve teacher effectiveness. However, Title II has remained intact because Congress will not eliminate it.

The 2020 presidential budget proposal includes $62 billion for the Department of Education (ED) to provide K-12 and higher education programs and funding, which is an $8.5 billion or 12% decrease compared to what Congress enacted in the last budget. President Trump’s budget plan cuts K-12 education by $5.1 billion and calls for eliminating at least 16 programs. While maintaining current levels of funding for large programs such as Title I and the Individuals with Disabilities Education Act (IDEA), the President’s budget pushes multiple controversial programs such as school privatization marketed as “school choice,” charter school expansion, and performance-based compensation, as well as funding for magnet schools and school safety. The proposal includes the following:

  • Creating a federal tax credit costing up to $50 billion over 10 years for donations to scholarship programs for families of elementary and secondary students to subsidize private school tuition
  • $500 million (an increase of $60M) to fund the opening, expansion, and facilities of charter schools
  • $107 million to expand magnet schools
  • $50 million in new funding for districts participating in the Title I student-centered funding pilot, which allows districts to to use federal, state, and local funding for public school choice
  • Raising the percentage of Title I dollars states can use to fund expanded educational choice for disadvantaged students from 3% to 5%
  • Increasing the funding for the DC Opportunity Scholarship program, which awards scholarships for low-income students to attend private schools in Washington, DC

While the bulk of Title II under ESSA would be eliminated yet again, the FY 2020 Presidential budget proposes two main initiatives that affect teachers:

  • $200 million for the Teacher and School Leader Incentive grant program, which would support performance-based compensation systems and human capital management systems that include either mentoring of new teachers or increased compensation for effective teachers
  • $300 million (an increase of $170M) for Education Innovation and Research, mainly for studying teacher-driven professional development (PD) and providing stipends for teachers to attend PD

As for school safety, the budget includes:

  • $700 million ($354M increase) in Department of Education, Justice, and Health and Human Services grants to give states and school districts resources to implement the recommendations of the Federal Commission on School Safety (FCSS)
  • $200 million (increase of $105M) will go to ED for School Safety National Activities, which provides grants to states and school districts to develop school emergency operations plans, as well as counseling and emotional support. $100M of this will be used for a School Safety State Grant program to implement the recommendations of the FCSS

Other points of interest include TEACH grants, which award annual amounts up to $4,000 to eligible undergraduate and graduate students to become full-time teachers in high-need areas for at least four years. The Presidential budget proposes cutting funding to this program by $3.1 million. The Public Service Loan Forgiveness program, which allows the cancellation of federal student loans for non-profit and government employees after 10 years of on-time payments, is also eliminated in the budget.

In addition to the aforementioned maintained levels of Title I and IDEA funding, the FY 2020 Presidential budget proposal would maintain current levels of funding for many programs including state assessments, English language acquisition programs, migrant education, neglected and delinquent education, education for homeless children and youths, and rural education.

The budget would decrease funding to Indian education programs and impact aid, which helps to offset revenue loss to districts that serve areas that include federal lands. The budget plan also shifts around more than $12B in IDEA funding, cutting some programs entirely while increasing funding to others.

Lastly, the budget proposes elimination of many programs, including arts in education, full-service community schools, Promise neighborhoods, and Special Olympics educational programs. However, don’t despair! Remember, the president’s proposed budget is a suggestion and a statement of his priorities. Given the split control of the U.S. House of Representatives, it is even less likely that President Trump’s proposals as described here ultimately will be enacted.

The entire proposal includes all areas of funding across the government. If you don’t want to read the whole thing, check out the administration’s three-page overview. Keep in mind that these documents were created by the White House and do not represent an objective analysis.

ATPE will continue to monitor and report on the federal budget discussions in Washington with assistance from our DC-based federal lobby team. Stay tuned to Teach the Vote for updates.

House Public Education Committee holds its fourth hearing on bills

On Wednesday, March 13, 2019, the House Public Education Committee held its fourth hearing on bills. With 15 bills on the agenda, the topics covered included school start and end dates in Districts of Innovation (DOI), seizure training requirements, the assignment of students to uncertified teachers, concussion oversight teams, special education due process, suspension of students who are homeless, and adult education programs.

ATPE Senior Lobbyist Monty Exter testifies before the House Public Education Committee on March 13, 2019

ATPE Senior Lobbyist Monty Exter testified in support of House Bill (HB) 1051 by Representative Gary VanDeaver (R-New Boston), which would improve and make permanent the Goodwill Excel Center, a public charter school that is currently a pilot program. Exter testified that while no program is perfect, this one is “as close as you can get” and has married Goodwill’s 501(c)(3) dollars with state dollars to do more for students. Exter stated that the program gives more money back to its students than the system takes in state funding. Goodwill covers about 41 percent of the cost of operating the school. Furthermore, the leaders of the program have taken the time to create exceedingly high standards. Under HB 1051, these standards would be locked into law should the program be expanded. In closing, Exter testified that this program serves a unique set a students who are current not served by the public education system, adult dropouts, many of whom are over the maximum age which an ISD can enroll students. The Goodwill program found a gap that sorely needed to be filled.

ATPE also supported, but did not testify on, the following bills heard on Wednesday:

  • HB 340 (Cortez, D-San Antonio): Would require students in full-day preK and K-3 to have at least 30 minutes of recess. Many registered in support of this bill, testifying on the importance of recess and play in child development.
  • HB 1276 (Rosenthal, D-Houston): Would prohibit a teacher who has less than one year of teaching experience and does not hold the appropriate certificate from being assigned to teach students in grades 1-6 for two consecutive years. This provision would exempt small districts by applying the restriction to districts with 5,000 or more students.

ATPE registered against HB 1133 by Rep. Jonathan Stickland (R-Bedford), which would change the calculation of K-4 class size limits to use a campus-wide average for each grade level rather than a hard cap applied to individual class rooms. ATPE supports state mandated class size and caseload limitations for all grade levels and instructional settings. This allows for optimal learning environments. ATPE also recommends that the state limit class size waivers and require full public disclosure of requests for class size waivers. Using the average calculation proposed by HB 1133 would mask the size of individual classes and allow for increases in some classes while maintaining a limited average. This opens the door to compromised educational quality and less individual attention for students in classes above the average. Rep. Stickland expressed that the bill was for Arlington ISD and said that he would be willing to bracket the bill to Arlington ISD. However, ATPE recommends maintaining current law on class size limits.

The committee also considered the following bills, on which ATPE took no position:

  • HB 233 (Krause, R-Fort Worth): Would prohibit DOIs from exempting themselves from school year start and end date requirements. Tourism and recreation industry representatives supported the bill, and expressed that the ability of districts to change their start and end dates negatively impacts their business, as well as the physical health of students. Those against the bill, mainly school districts, expressed that it is important for districts to retain local control over their calendar and that a shorter summer helps lessen the “summer slide” in student learning retention.
  • HB 684 (Clardy et al., R-Nacogdoches): Would require seizure recognition and related first aid online training for nurses and school district employees who have regular contact with students. Rep. Clardy calls this bill “Sam’s Law,” and said that nearly 50,000 public students have epilepsy.
  • HB 692 (White, D-Hillister): Would prohibit students who are homeless from being placed in out-of-school suspension (OSS). Rep. White suggested that the campus behavior coordinator, if available, may work with district’s homeless liaison to find an alternative. All testimony was in support of the bill and spoke to the importance of the school for students who are homeless in providing stability and quality of life.
  • HB 808 (Dutton, D-Houston): Would require that, in districts with 1,000 or more African American males, only the performance of African American male students may be considered for purposes of accountability ratings. The purpose is to track the educational progress of this specific demographic group. Chairman Dutton made changes to the bill and stated that the bill would now just require disaggregation of accountability measures by race/ethnicity and gender, to unmask certain sub-populations such as African American males.
  • HB 811 (White, D-Hillister): Would require that, in making disciplinary decisions (suspension, expulsion, Discipline Alternative Education Programs (DEAP), and Juvenile Justice Alternative Education Programs (JJAEP)), the school district board of trustees must also include in the student code of conduct that consideration will be given regarding a student’s status in the conservatorship of DFPS or as a student who is homeless. The testimony on HB 811 mirrored that of HB 692.
  • HB 880 (Calanni et al., D-Katy): This bill states that the board of trustees of a school district may not make a severance payment to a superintendent that is greater than one year’s salary under their terminated contract and eliminates text requiring that the commissioner of education reduce a district’s Foundation School Program (FSP) funding by the amount of the severance payment. This bill led to discussion about how some superintendent’s receive “big payouts” to leave districts, and that this takes away funds from students.
  • HB 960 (Howard, D-Austin): Would allow a school nurse to remove a student from certain activities if they suspect the student had a concussion. Rep. Howard and testifiers expressed that a nurse is highly qualified to make these determinations and that the bill does not change who can make the ultimate decision for a student to return to play.
  • HB 961 (Howard, D-Austin): Would require that school districts and charters that employ a school nurse include the nurse on the concussion oversight team, if requested by the nurse. Would also require that nurses on these teams take a concussion training course every two years to remain on the team. The testimony on this bill mirrored that for HB 960.
  • HB 1093 (Moody, D-El Paso): Would prohibit the Commissioner or TEA from adopting or enforcing a rule that establishes a shorter period than the maximum federal timeline for filing a due process complaint regarding special education and requesting an impartial due process hearing. Testimony was mixed on this bill, with parents and advocates supporting testifying that HB 1093 aligns state law with federal law and creates equity. Those against the bill felt that the current legal system works well enough.
  • HB 1132 (Ortega, D-El Paso): Would allow a school district that currently holds its trustee election on a date other than the November uniform date to change the date to the November date before December 31, 2024. Rep. Ortega specifically expressed that El Paso ISD faced this issue.
  • HB 2074 (Wu, D-Houston): Would prohibit districts from requiring a school counselor to assume a disciplinary role or have duties relating to student discipline that are inconsistent with their primary responsibilities. Testimony on this bill was positive, focusing on the idea that the counselor’s role is not to discipline students but rather to advocate for students.

At the end of the hearing, Chairman Huberty stated that the committee would meet again at 8:00 a.m. next Tuesday. The next hearing will likely begin with the committee substitute to House Bill 3, the school finance bill.

House Public Education Committee hears hours of testimony on school finance plan, HB 3

On Tuesday, March 12, 2019, the House Public Education Committee heard over 12 hours of testimony from 116 individuals on the House school finance plan, House Bill (HB) 3. Testifiers ranged from elementary school students to superintendents and teacher associations. There were 187 individuals registered, with 131 for the bill, 46 neutral (including ATPE), and 10 against. Public comment was largely positive, with concerns bubbling to the surface on the teacher merit-based-pay portion of the bill, increased inequity between property wealthy and property poor districts, and the integration of the current gifted and talented allotment into base funding.

Every testimonial began with gratitude for the many aspects of the bill that improve school funding. These include reimbursements for real costs associated with administration of SAT/ACT and certifications for career and technical education (CTE) students, a substantial increase to the basic allotment from $5,140/student to $6,030/student, new dual language and dyslexia weights, the extension of CTE funding to middle school students, increases to early childhood through the early reading allotment, and efforts to target funds to schools serving students in concentrated poverty.

The majority of testimony, including that from parents and children, focused on the bill’s proposal to roll the gifted and talented (G/T) allotment into the basic allotment instead. Currently, G/T students are funded at a 0.12 weight, but district enrollment is capped at 5%. Most, if not all, districts enroll the maximum of 5% of students. Therefore, districts receive the maximum funding for G/T students. By rolling G/T funding into the basic allotment, the base level of funding is raised and all districts still get the money and are still statutorily required to provide the G/T program. Testifiers advocating for G/T expressed concern that districts would no longer implement G/T programs to fidelity without the allotment, even with the ability under HB 3 for G/T funding to be 100% stripped should a district opt not to certify that it is providing a G/T program.

The concern with the merit-based teacher pay portion of the bill was mainly voiced by teacher groups such as ATPE, the Texas- American Federation of Teachers, the Texas State Teachers Association, and the Texas Classroom Teachers Association, along with a number of teachers who took time to come to Austin to personally express similar disapproval of the inclusion of merit pay in the bill. Testifiers stated that the bill gives the Commissioner of Education (who is un-elected) too much power, assumes that data exists to evaluate all teachers in every subject area, allows for very subjective and potentially biased student surveys to be used for evaluating and ranking teachers, and does not include factors for teachers’ years of experience. Several witnesses told the committee that teachers deserve an across-the-board pay raise before legislators discuss a state framework for differentiated pay, which is similar to but far more acceptable than traditional notions of merit pay. Another area of concern in HB 3, which ATPE noted in our testimony yesterday, is that the bill complicates state laws regarding the minimum salary schedule – creating a new, separate salary schedule for most teachers while keeping counselors, nurses, and librarians on the minimum salary schedule currently found in law – and would allow any school district to simply opt out of using the state’s minimum salary schedule.

The concern over linking teacher pay to student performance metrics, which most see as little more than paying for STAAR scores, is especially concerning amidst ongoing reporting that STAAR has been shown to be unreliable. This spurred discussion from Rep. Ken King (R-Canadian), who repeatedly argued that the bill does not mandate the use of the STAAR test for the teacher designations and merit-pay outlined in the bill. However, a reading of the bill clearly outlines the criteria for the tests that can be used, as well as the requirement for the commissioner to use comparative state data to create forced rankings of teachers.

ATPE Senior Lobbyist Monty Exter testifying before the House Public Education Committee on March 12, 2019

ATPE Senior Lobbyist Monty Exter testified neutrally on HB 3, echoing many of the same concerns and was able to tease out many of the push-backs from committee members. Exter expressed that although the bill has some very positive qualities in that it manages to provide at least some level of funding increase for almost all districts while also increasing funding for special populations, a nearly herculean task, aspects of HB 3 that promote merit pay tied to testing are not appropriate for stimulating educational improvement. Exter noted for the committee that ATPE members through the member written and adopted legislative program, “oppose the use of student performance, including test scores as the primary measure of a teacher’s effectiveness, as the determining factor for a teacher’s compensation or as the primary rationale for an adverse employment action.” As with other witnesses testifying on behalf of teachers yesterday, ATPE’s testimony included the fact that we are aware of no other common metric shared by districts across the state that the commissioner could use to rank teachers for purposes of the proposed merit pay program other than STAAR test results.

In the end, Exter implored the committee not to let the perfect be the enemy of the good, noting that the few parts of the bill educators oppose, including merit pay, are not integral to the functioning of the larger bill; if those parts of the bill were removed, Exter tstified, Texas educators could very likely enthusiastically support HB 3. Watch Exter’s full exchange with the committee here beginning at the 5 hour and 24 minute mark. Exter’s testimony was preceded by ATPE member and former Texas Secondary Teacher of the Year Stephanie Stoebe. ATPE State Vice president Tonja Gray also testified later in the hearing. View ATPE’s written testimony on HB 3 here.

Other education stakeholders focused their testimony in yesterday’s hearing more on concerns surrounding financial equity. While we won’t get into the weeds about tax effort and the guaranteed yield of different tax rates (and thus, golden and copper pennies), the general sentiment expressed was that HB 3 would increase inequity between property wealthy and property poor districts over time. For much more detailed information on this issue, please see testimony provided by the Equity Center and the Center for Public Policy Priorities on HB 3.

In addition to the tax inequity aspect, small and midsize districts and their representatives argued against moving the small and midsize adjustment, which adjusts the basic allotment to a higher amount to account for diseconomies of scale, to an allotment under HB 3. In current law, the adjustment is applied to the basic allotment before additional  funding weights (compensatory education, bilingual education, special education) are applied for various types of students, adding more money. Under HB 3, the adjustment would be applied to the basic allotment just like any other student weight, which advocates argue would reduce overall funding for specific student populations.

Yesterday’s hearing was likely to be the only opportunity for public comment on this version of HB 3 in the House. Once HB 3 is brought up in the House Public Education Committee again, which we expect to happen next week, it will likely be in the form of a committee substitute (a changed version) and the committee is not required to take additional testimony before voting on the bill. Follow ATPE Lobbyists on Twitter @ATPE_AndreaC, @ATPE_MontyE, @ATPE_JenniferM, and @MarkWigginsTX to get up-to-date news on HB 3 as it moves through the legislative process.