Author Archives: Andrea Chevalier

Teach the Vote’s Week in Review: Nov. 15, 2019

It is getting chilly outside! Cozy up and enjoy this week’s education news from the ATPE Governmental Relations team:


ELECTION UPDATE: In the November 2019 election, roughly 12 percent of registered voters cast ballots. This is an improvement over the typical 8.5 percent of voters that show up to vote in odd-year Texas elections. Post-election, expect lots of buzz as 2020 candidates for office begin to file paperwork to run. Read more in this week’s election roundup from ATPE Lobbyist Mark Wiggins. Also, read an in-depth analysis of the recent election in this Texas Tribune article.

If you didn’t get the chance to vote on November 5th, your next opportunity will be the primary elections on March 3, 2020. The deadline to register to vote in the primary is Feb. 3, 2020. Check to see if you are registered to vote here. Visit TexasEducatorsVote.com to get involved, find activities you can do to drive more participation in elections, and sign up for key voter updates. Plus, watch this space for an exciting new election-related resource coming your way soon!


The State Board of Education (SBOE) wrapped up its final week-long meeting of the year on Friday with little fanfare. Texas Commissioner of Education Mike Morath attended Wednesday’s session to give updates on a number of agency initiatives. In particular, he noted that Texas student performance on the National Assessment of Educational Progress is higher than the nation in math, but lags in reading. Additionally, the commissioner discussed the STAAR readability study, new reading academy requirements for K-3 principals and teachers, and the Houston ISD takeover. The board also received hours of testimony on the proposed African American studies course, which was discussed favorably by new board chair Dr. Keven Ellis (R-Lufkin). Read a summary of Wednesday’s meeting, courtesy of ATPE Lobbyist Mark Wiggins.


The Texas Education Agency (TEA) announced last week that the state would take over management of Houston ISD and two rural school districts, Shepherd ISD and Snyder ISD. This Thursday, the TEA held its second meeting for HISD parents and community members. The meeting took place at Wheatley High School – the persistently failing campus that partially led to the takeover. Community members expressed distrust and apprehension of the state takeover, unconvinced that it would solve the issues facing the district. Learn more in this reporting from the Texas Tribune.


All state legislators’ profiles on the Teach the Vote website have been updated to include key education voting records from the 86th legislative session. The ATPE lobby team analyzed all the education-related votes taken during the 2019 legislative session and selected a collection of recorded votes that will help Texans find out how their own lawmakers voted on major public education issues and ATPE’s legislative priorities. By sharing this information, we hope to help voters gain insight into incumbents’ views on public education so that they can make informed decisions at the polls during the critical 2020 election cycle. Use our search page here on Teach the Vote to look up how your legislators voted on education issues this year.

The candidate filing period opens this weekend for those seeking a place on the ballot in 2020. Once the candidate filing period ends, ATPE will be updating our Teach the Vote website to include profiles of all the candidates vying for seats in the Texas Legislature or State Board of Education. Stay tuned!


Are you an ATPE member with thoughts to share about education? The ATPE Governmental Relations team has released a short, three-question survey to gather member opinions on education issues, including results of the last legislative session.

Help us best represent your voice at the Texas Capitol by taking our new “Your Voice” survey on ATPE’s Advocacy Central. You must be signed into the ATPE website as a member to participate in the survey, so call the ATPE Member Services department at (800) 777-2873 if you’ve forgotten your password.


The Texas Education Agency (TEA) has released a new video in its “HB 3 in 30” series explaining the various (and plentiful) aspects of the 86th Legislature’s omnibus school finance bill House Bill (HB) 3. This week’s video explains the new high school graduation requirement stating that each student must complete the Federal Application for Financial Student Aid (FAFSA), Texas Application for Financial Student Aid (TAFSA), or through an exemption. This requirement begins with students enrolled in 12th grade in the 2021-22 school year. TEA is also required to create an advisory committee related to this requirement. Find all of the HB 3 in 30 videos here, along with related presentations.


 

Teach the Vote’s Week in Review: Nov. 8, 2019

Happy Election Week! Here are your highlights of this week’s education news from the ATPE Governmental Relations team:


ELECTION UPDATE: Thank you to all who voted in Tuesday’s general election!

All three special elections to fill vacated Texas House of Representatives seats are headed to runoffs. Additionally, of the 10 constitutional amendments on the ballot Tuesday, nine were approved by voters. Check out this election results post by ATPE Lobbyist Mark Wiggins to learn more about how candidates and ballot measures fared on Nov. 5. Wiggins also has you covered on nationwide election news, including the recent exit from the presidential race of former Texas Congressman Beto O’Rourke. This just in: State Rep. Poncho Nevarez (D-Eagle Pass) announced late Friday he will not run for reelection in 2020. Nevarez chairs the House Homeland Security and Public Safety Committee. You can read more about his announcement in this post by the Texas Tribune.

In additional election-related news, our friends at TexasISD.com report that local voters passed 81 percent of the 63 school district bond elections held around the state during Tuesday’s election. When votes were tallied up, more than 93 percent of the total value sought by all districts statewide being approved. These high passage rates are a continued sign that the public overwhelmingly supports their local public schools and additional spending on those schools’ and students’ needs.

If you didn’t get the chance to vote this time, your next opportunity will be the primary election on March 3, 2020. The deadline to register to vote in the primary is Feb. 3, 2020. Check to see if you are registered to vote here. Need some inspiration? Read ATPE Lobbyist and former educator Andrea Chevalier’s voting story.


Do you have a couple of minutes to spare? The ATPE Governmental Relations team invites all ATPE members to take a short, three-question survey about the most recent legislative session and your education priorities. Help us best represent your voice at the Texas Capitol by taking our new “Your Voice” survey on ATPE’s Advocacy Central. You must be signed into the ATPE website as a member to participate in the survey, so call the ATPE Member Services department at (800) 777-2873 if you’ve forgotten your password.


The Texas Education Agency (TEA) announced on Wednesday plans for the state to take over management of Houston ISD and two rural school districts, Shepherd ISD and Snyder ISD. Commissioner of Education Mike Morath cited two reasons for the takeover of Houston ISD: “failure of governance” and the consistent under-performance of Wheatley High School in the district. Houston ISD serves over 200,000 students. The takeover of all three school districts will entail replacement of each elected school board by a state-appointed Board of Managers and the appointment of a state conservator. Learn more in this reporting from the Texas Tribune.


This week the U.S. Secret Service’s National Threat Assessment Center released a comprehensive analysis of targeted school violence. The report, focused on K-12 schools for the period of 2008 to 2017, details common trends among the school attacks. One significant finding was that, while there is no typical “profile” of a perpetrator, they do exhibit certain warning signs and traits. These include having been a victim of bullying, an adverse childhood experience, a mental health issue, access to firearms, and motive typically involving a grievance with classmates or school staff. Read a summary of the report from Education Week here, or read the full report here.

Back home in Texas, the House Select Committee on Mass Violence Prevention and Community Safety held its third public meeting this week. The hearing took place in Odessa, the site of one of the recent shooting attacks that garnered national attention. The committee heard several hours of testimony from local families and law enforcement, some of whom had lost loved ones in the Midland and Odessa shooting on Aug. 31, 2019. Testifiers pleaded for a more effective background check system and the integration of mental health information into the public safety system. Legislators and law enforcement officials discussed prevention strategies focused on more cohesive communication, such as a regional communications center. A recording of the hearing can be found here. Read more about the hearing from local CBS7 in Midland here.


Next week on Teach the Vote, we’ll be updating all state legislators’ profiles on our website to incorporate voting records from the 86th legislative session. ATPE’s lobbyists have analyzed all the education-related votes taken during the 2019 legislative session and selected a collection of recorded votes that will help Texans find out how their own lawmakers voted on major public education issues and ATPE’s legislative priorities. By sharing this information, we hope to help voters gain insight into legislative incumbents’ views on public education so that they can make informed decisions at the polls during the critical 2020 election cycle.

The candidate filing period opens this weekend for those seeking a place on the ballot in 2020. Once the candidate filing period ends, ATPE will be updating our Teach the Vote website to include profiles of all the candidates vying for seats in the Texas Legislature or State Board of Education. Stay tuned!


 

Going to the polls: one educator’s story

ATPE Lobbyist and Educator Andrea Chevalier

Tomorrow is Election Day, which means we all have the opportunity to share our voices in one of the most important ways possible – voting. In light of tomorrow’s “festivities” and as a former educator, I’d like to share my personal voting story.

When I was growing up, we didn’t talk much about politics. Most of what did spur conversation was from what was shown on the television, like President Clinton’s impeachment trial and the tragedy of September 11, 2001. The patriotism I had as a child didn’t translate into a love of democracy until I became a teacher.

Through teaching, I began to see the world outside of my own bubble. I developed relationships with hundreds of students, each with their own story and gifts to the world. Their parents entrusted me, a stranger, every day to prepare their child for the world and keep them safe. Now that I have my own child, this aspect of teaching is even more incredible.

As a teacher feeling protective of her students, it was the system – which was dominated by non-educator politicians and never seemed to serve my students or colleagues as well as it could – that inspired me to become involved in politics. Before I vote, I look for candidates who are going to support a pro-public education agenda that drives resources and support to students and educators.

Every time educators vote, we make our voices heard. Make sure your voice is heard by voting tomorrow. On the ballot you will find several constitutional amendments, local ballot measures, and potentially a state House of Representatives race! Read more about the ballot in this blog post from ATPE Political Involvement Coordinator Edwin Ortiz.

Create your voting plan by visiting Vote411.org to view and print out a sample ballot showing exactly what will you will be voting on in your area, find where to vote, and see your polling place’s hours!

Have fun!

House Public Education Committee gets an update on accountability, school finance bills

House Public Education Committee interim hearing, Oct. 28, 2019.

The House Public Education Committee met on Monday, Oct. 28, to hear an update on legislation from the 85th and 86th legislative sessions and testimony from panels of invited witnesses.

The interim hearing began with an overview from Texas Commissioner of Education Mike Morath on public school accountability. Specifically, the committee heard about House Bill (HB) 22 by Rep. Dan Huberty (R-Kingwood) passed by the 85th Texas Legislature in 2017. That bill shrank the accountability system from five to three domains. HB 22 also created a distinction between campus and district accountability “grades” of “D” and “F,” such that a rating of “D” would represent a “needs improvement” condition rather than a “failing” status. As the Texas Education Agency (TEA) has implemented HB 22, several problematic scenarios have emerged due to multiple interpretations of the law.

One such scenario pertaining to the timeline for accountability sanctions and interventions has left districts wondering where they stand and waiting for guidance in the form of commissioner’s rules or clarifying legislation next session. Specially, does a “D” rating break up a series of “F” ratings in a manner that would restart the clock for purposes of determining required interventions? Since HB 22 is slated to take full effect in the 2020-21 school year, legislators and TEA officials are facing pressure to find a solution, such as delaying the adoption of rules, for districts grappling with questions like these. Commissioner Morath told the committee on Monday that he will be reaching out to affected districts to try to provide guidance.

Due to issues like these, we can probably expect another accountability clean-up bill to be filed in the 2021 legislative session. The commissioner suggested two statutory changes that may help alleviate the problems. The first is to eliminate required interventions for failure in a domain grade, leaving mandatory interventions in place based on a district’s or campus’s overall grade. The second suggestion is to change the “D” rating so that it continues to advance the intervention clock but would not require school closure or the appointment of a Board of Managers unless performance falls to an “F” and no less than six years have elapsed.

Texas Commissioner of Education Mike Morath

Commissioner Morath also gave the committee an update on the local accountability system pilot, which allows school districts to use additional indicators that their communities find important. Nineteen districts participated in the 2017-18 pilot year and submitted pilot data. The commissioner identified three big challenges that districts faced when creating their systems: would the local accountability system produce 1) reliable results over time, 2) results that accurately measure a desired result, and 3) a reasonable accountability score that was “calibrated” with the state accountability system. The commissioner stated that these challenges were used as the criteria against which districts were rated in determining whether to approve their local accountability system.

Ultimately, only two districts, Dallas ISD and Snyder ISD, had their local accountability systems approved by the commissioner, which prompted committee members to raise concerns during Monday’s hearing. One superintendent who testified during the hearing stated that his district’s application was denied because, according to the TEA, the district had focused too much on “adult behavior” inputs that were not directly measured using student achievement data. The superintendent gave the example of using incentives to increase the use of AVID (Advancement Via Individual Determination) as part of its local accountability system proposal. ATPE has long advocated for including inputs in the accountability system, such as ensuring that students are taught by educators who are certified in the subjects and grade levels they are teaching. We believe that such measures are more directly controllable by districts and individual educators than other factors and typically lead to better student outcomes. During Monday’s committee meeting, a panel of school superintendents and other public education advocates also gave feedback on implementation of the state’s accountability system, similarly expressing a desire for the inclusion of inputs related to such “adult behaviors.” They also recommended enabling the state accountability system to be more nuanced to account for the correlation between poverty and student tests scores, and they advocated for delaying the adoption of commissioner’s rules until the HB 22 implementation issues can be cleared up with legislation in 2021.

The committee also received an update from the commissioner on the implementation of HB 3, the school finance overhaul bill passed during the 86th session of 2019. Commissioner Morath stated that there was a $635 average increase in per pupil funding as a result of the bill, and he plugged TEA’s “HB 3 in 30” video series, which offers in-depth explanations of various aspects of HB 3. Other updates were given to the committee on the following:

  • The STAAR readability study required by HB 3 is being conducted by the University of Texas at Austin. An initial report is due to the legislature by Dec. 1, 2019, and a second portion of the report is expected by Feb. 1, 2020. The commissioner told the committee that if the study concludes that changes to the test are needed, then those will be made.
  • The commissioner shared that TEA plans to collect data on pay raises resulting from HB 3 starting sometime near January 2020. A report to the legislature would then be expected by March 2020.
  • There has been a 56% growth in students receiving special education services over the past three years, which could reflect more students being identified as having dyslexia.
  • The committee discussed unintended funding consequences for fast-growth school districts and career and technical education (CTE) funding in small/mid-sized districts as a result of HB 3’s changes.

Another panel of public education advocates and practitioners gave feedback on the implementation of HB 3, telling the committee members that more clarity is needed on aspects of the legislation, such as its incentive pay program and related merit designations for teachers. Some panelists expressed concern about the sustainability and mechanisms of funding under the bill, such as outcomes-based funding in which money for one group of students is based on the performance of a previous group of students. As the rulemaking process for implementing HB 3 continues, ATPE will monitor TEA’s interpretation of these concerns.

At the end of Monday’s hearing, Chairman Huberty stated that he did not anticipate any more House Public Education Committee hearings this year. Stay tuned into our blog and keep up-to-date with legislative developments by following ATPE’s lobby team on Twitter via @TeachtheVote, @ATPE_JenniferM, @ATPE_MontyE, @ATPE_AndreaC, and @MarkWigginsTX.

New School Year, New Laws: Compensation Update

Welcome to our final blog post in ATPE’s “New School Year, New Laws” blog series for Teach the Vote. In last week’s post, we summarized new laws that will impact charter schools. This week, we will investigate how the changes to funding and compensation in House Bill (HB) 3 are being implemented in several school districts across the state.

HB 3 by Rep. Dan Huberty (R-Kingwood), the major school finance bill passed earlier this year, included some important provisions aimed at increasing compensation for many educators. More specifically, lawmakers required that school districts use 30% of their increase in funding under the bill to increase compensation for full-time district employees, excluding administrators. Of that dollar amount, 75% must be spent on compensation for full-time, certified teachers, librarians, nurses, and counselors. The other 25% can be used to improve compensation for other full-time employees. HB 3 also specifies that there should be a prioritization for teachers, librarians, nurses, and counselors with more than five years of experience, but the bill largely leaves this open for interpretation at the local level.

The combination of differences in how much additional funding each district gets and the flexibility districts have to create unique compensation packages makes it very important for us to gain a “lay of the land” in our current post-HB 3 environment. In this post we have summarized what some districts are doing by gathering news articles and information from district websites. The charts below break down some of dollar figures and percentages by which the districts shown are increasing educator compensation as a result of HB 3.


Lubbock-Cooper ISD, Region 17:

Up to 5 yrs. of exp. (teachers) 5.68%, avg.
6-25 yrs. of exp. (teachers) 8.71%, avg.
All other employees 3%
Beginning teacher salary Increased to $40,000

With a 2018-19 average teaching salary of just over $45,000, we estimate that the LCISD’s average pay raise of 8.08% is about $3,640.


Klein ISD, Region 4:

Up to 5 yrs. of exp. (teachers, counselors, librarians, and nurses) 5.25% ($4,950)
6+ yrs. of exp. (teachers, counselors, librarians, and nurses) 5.5% ($5,050)
All other employees 4%
Beginning teacher salary Increased from $52,600 to $55,500
Healthcare $300 one-time payment for eligible, full-time employees who are returning

Klein ISD will also provide a retention incentive to teachers, counselors, librarians, and nurses who were employed in the district on May 31 of the previous year and are returning. This incentive is in the form of a one-time payment of $1,500. All other previously employed full-time employees who are returning to the district will receive $1,000. The district has built in similar retention and healthcare payments at reduced rates for those who work less than full-time.


Clear Creek ISD, Region 4:

Up to 4 yrs. of exp. (teachers, counselors, librarians, and nurses) 4%
5+ yrs. of exp. (teachers, counselors, librarians and nurses) 4.25%
All other employees 3.50%
Beginning teacher salary Increased from $53,600 to $55,750
Healthcare (TRS-Active) Increase district contribution by $10/month
Bus drivers Increase wage from $16.83/hr to $19/hr

Clear Creek is also implementing an “honors teacher experience” program, in which teachers who reach milestones such as 5, 10, 15, etc. years of experience can receive additional compensation of up to $2,800. This could result in a total pay raise of 9.49% for some teachers. The district is also adding staff, especially in special education and is implementing safety and security upgrades.


San Marcos CISD, Region 13:

Up to 5 yrs. of exp. (teachers, counselors, librarians and nurses) 3% ($1,562)
6+ yrs. of exp. (teachers, counselors, librarians and nurses) 4% ($2,113)
All other employees 6%
Administrators 3% ($2,113)
Beginning teacher salary Increased to $49,662

Fort Worth ISD, Region 11: 

Up to 5 yrs. of exp. (teachers) 5.8%, avg.
6-15 yrs. of exp. (teachers) 6.9%, avg.
15+ yrs. of exp. (teachers) 6.1%, avg
Counselors, nurses, librarians 5%
All other full-time 3%
Administrators Greater of 3% or 3% of midpoint
Beginning teacher salary Increased from $53,000 to $54,000

What does it all mean?

There are over 1,000 school districts in Texas, each with varied funding under HB 3. In some cases, the bill may have even provided districts with the same or less funding if not for a hold harmless provision in the bill (which expires after the 2023-24 school year). Considering this and the fact that each district also has different needs and economic factors affecting compensation, the implementation of raises is going to be varied all over Texas. Among the districts we read about, teacher salaries were raised from 3% to 9.5%. To keep up with inflation, basic yearly pay raises in other professions typically hover around 3%. We know from district salary schedules, such as this one from Leander ISD, that typical step increases are closer to 1%. With this in mind, the impact of HB 3 in some districts may have been that teachers simply got the standard raise necessary to keep up with the cost of living.

What’s next? Stay engaged!

It is important to note that there have been reports of districts that have under-calculated what they would receive in HB 3 funding, which impacts the amount they are required to spend on compensation. Additionally, some districts have relied almost exclusively on one-time stipends, which are less stable and do not necessarily count toward compensation for purposes of TRS or the amount an educator will receive for their retirement pension. ATPE is working with state officials to solve these issues so that districts comply with HB 3’s efforts to increase educator compensation.

Across the sources we gathered, it seems that district leaders are happy to have the raise but still think that there are further improvements to be made. Clear Creek ISD Deputy Superintendent Paul McLarty wants to see more from the state, like getting closer to a 50-50 split between local and state funding. Klein ISD Superintendent Dr. Jenny McGown remarks that the state is still ranked 41st in the nation in spending. Lubbock-Cooper ISD Superintendent Keith Bryant says that he would like to eventually be able to provide teachers with a competitive wage.

ATPE agrees with these sentiments and urges educators to return to the polls during the 2020 primary and general elections when voters will have a chance to decide who will represent them in the next legislative session. The raises for educators and public education funding increases that resulted from the 2019 legislative session are a direct result of educators’ votes in the 2018 elections. Stay connected and engaged by following Teach the Vote, ATPE, and ATPE lobbyists on Twitter using the handles @OfficialATPE, @TeachTheVote, @ATPE_JenniferM, @ATPE_AndreaC, @MarkWigginsTX, and @ATPE_MontyE.


Thank you for joining us on Teach the Vote to learn about how new laws enacted in the 86th Texas legislative session will impact you. ATPE created this series because we believe it is vitally important for educators to make sure they know and understand the laws that govern their profession and affect their classrooms. For more information on new laws impacting public education in Texas, be sure to check out ATPE’s comprehensive report, “Know the Law: An Educator’s Guide to Changes Enacted by the 86th Texas Legislature,” created by the experienced staff of ATPE’s Member Legal Services department.

New School Year, New Laws: Charter Schools

In last week’s “New School Year, New Laws” blog post, we discussed changes to pension and retirement benefits for Texas public school educators. This week, we will discuss legislative changes made during the 86th legislative session that will impact charter schools in Texas. The 2019 legislative session saw a number of bills filed and debated regarding charter schools, both from charter proponents looking to expand the footprint of charters in Texas and from those hoping to impose additional restraints and regulations on charter schools. Below is a look at the charter-related bills that passed this year.

House Bill (HB) 1051 by Rep. Gary VanDeaver (R-New Boston): Goodwill Excel Center

HB 1051 makes permanent the Goodwill Excel Center, an adult high school diploma and industry certification charter school pilot program, and codifies its best practices. The Goodwill Excel Center is a charter school that has resulted in improved outcomes for older students who are in unique circumstances and need a more flexible school setting. This law became effective immediately upon its passage earlier this year.

HB 2190 by Rep. Todd Hunter (R-Corpus Christi): Children of charter employees

HB 2190 allows children of charter school employees to attend the charter school in which their parents work, regardless of where they live. This bill also took effect immediately.

HB 4205 by Rep. Tom Craddick (R-Midland): Charter operation of re-purposed campuses

HB 4205 is a two-part bill that includes provisions regarding repurposed schools as well as school turnaround. The portion of the bill dealing with repurposed campuses allows for large charter operators to repurpose a public school district campus that has been closed. The new school operator is required to admit the same students who were at the campus before it was closed. The author of this bill referenced a Midland campus as the impetus for the idea. This bill became effective immediately.

HB 4258 by Rep. Jim Murphy (R-Houston), co-authored by Rep. Barbara Gervin-Hawkins (D-San Antonio): Charter school bonds

HB 4258 provides the attorney general with the sole authority to approve the tax-exempt status of charter school bonds, nixing the previous authority held by municipalities. Charter supporters contended that municipalities could prevent charter schools from expanding by withholding the tax-exempt status of the charter school bond. This bill became effective immediately.

SB 372 by Sen. Donna Campbell (R-New Braunfels): School safety in charters

SB 372 allows charter governing bodies to employ security personnel, commission peace officers, and enter into agreements with law enforcement to assign school resource officers to charter schools. The bill created parity by giving charter school governing bodies access to the same safety resources already available to boards of trustees for traditional public schools. This law became effective immediately.

SB 2293 by Sen. Pat Fallon (R-Prosper): Charter employees and common application

SB 2293 subjects charter school employees to the same collective bargaining prohibitions and anti-striking laws that apply to all other public school employees. SB 2293 also creates a common application to be used for charter school admission throughout the state and a requirement that the Texas Education Agency (TEA) maintain and report on the “charter waiting list.” Charter proponents have often cited claims of a massive list of students who are waiting for slots in a charter school as justification for expanding charters in Texas; however, no such statewide list has been shared. ATPE will be monitoring the rule-making process for the development and implementation of the common application and charter reporting.

 


Visit Teach the Vote next week for our next “New School Year, New Laws” blog series update post on funding and compensation changes that resulted from the 2019 legislative session. ATPE believes it is vitally important for educators to make sure they know and understand the laws that govern their profession and affect their classrooms. For even more information on new laws impacting public education in Texas, be sure to check out ATPE’s comprehensive report, “Know the Law: An Educator’s Guide to Changes Enacted by the 86th Texas Legislature,” created by the experienced staff of ATPE’s Member Legal Services department.

Recap of the October 2019 SBEC meeting

Certification board discusses repeal of master teacher certificates, educator misconduct, and more at its October 2019 meeting.

On Friday, Oct. 4, 2019, the State Board for Educator Certification (SBEC) met to discuss several agenda items, including the repeal of Master Teacher certificates, implementation of recent educator misconduct legislation, and an update on the EdTPA pilot program.

The meeting began with recognition of the unfortunate passing of board member Dr. Rex Peebles on Sept. 23, 2019. Dr. Peebles was a long-time, trusted voice of expertise and reason in the P-20 public education system. He will be greatly missed and ATPE sends their thoughts and love to the family, friends, and colleagues of Dr. Peebles.

At Friday’s meeting, ATPE weighed in on two discussion and action items: the repeal of the Master Teacher certificate and proposed rule revisions that would expand the criteria for considering “good cause” as a mitigating factor in disciplinary cases stemming from an educator’s abandonment of their contract.

First, SBEC adopted language to implement the repeal of the Master Teacher certificates, as required by this year’s House Bill (HB) 3. Master Teacher certificate holders will be able to continue teaching under their certificate until it is no longer valid and will be considered “Legacy Master Teachers” pursuant to HB 3. ATPE submitted written testimony on this item, urging Texas Education Agency (TEA) staff and SBEC members to use their rule-making ability to ensure that affected teachers can maintain their current teaching assignments after the expiration of their Master Teacher certificates. We believe that the rigor of the Master Teacher certification process should not be ignored and are pleased that TEA has indicated they will explore options to amend rule language to alleviate the unintended consequences of this legislation.

ATPE Lobbyist Andrea Chevalier testifying before SBEC, Oct. 4, 2019

Additionally, ATPE Lobbyist Andrea Chevalier provided oral testimony in support of the board’s efforts to expand the criteria for good cause when addressing contract abandonment cases. At the board’s July 2019 work-group meeting, members discussed the need for increased flexibility in determining what constitutes good cause. This would allow the board to avoid or lessen sanctions for educators who found it necessary to abandon their contracts under unique and acceptable circumstances that are not currently covered by the existing SBEC rules. To make these changes, new language was proposed at Friday’s meeting as part of a larger agenda item that implements several educator misconduct and reporting bills from the 86th legislative session. (The 2019 bills related to this agenda item are Senate Bill (SB) 1230, SB 1476, SB 37, and HB 3.) Due to testimony on the item, the board voted to split off the contract abandonment language from the rule proposal that was before them this month in order to allow for discussion on the issue at a later time. The board expressed that they would like to try to get more certainty into the rule language and requested another work-group on broader disciplinary issues. The proposed language for this rule will be open for public comment in the Texas Register from Oct. 25 to Nov. 25, 2019.

Discussion and action items:

In order to implement three bills from the 85th legislative session (SB 1839, HB 2039, and HB 3349), the board added language for admission requirements for the Early Childhood-Grade 3 and Trade and Industrial Workforce Training: Grades 6-12 certificates. The board also amended the rule language to allow for subject-matter-only assessments to be used in lieu of current Pre-Admission Content Tests (PACTs), which test both content and pedagogy. The rationale for this change was that an individual entering an educator preparation program (EPP) would not have pedagogical expertise and therefore should not be assessed in that area.

To implement SB 1200 passed by the 86th Legislature, the board adopted revisions to their rule that would allow military spouses who are licensed in other states (and in good standing) to teach in Texas.

SBEC also took action on several items relating to EPPs. Language to improve the Accountability System for Educator Preparation Programs (ASEP) was approved, including changes that would allow EPPs to be commended for their performance. The board also adopted the new accountability manual into rule and voted to allow SBEC to require action plans for low-performing EPPs, among other items. SBEC board members also approved several EPPs to continue operating for five years. As a consequence of ASEP ratings, one program was closed on Friday. After a five-year review, the Texas Alternative Certification Program Brownsville (TACPB) was required to submit a compliance plan to TEA. The program opted to cease its operations instead, and SBEC voted to formally close The board also voted to approve Ana G. Mendez University as a new alternative certification EPP. The program will be unique in Texas, as it plans to instruct students on become educators using a dual language model.

As noted during Friday’s meeting, the board will soon begin its required four-year rule review for two sets of SBEC rules. The first review is for 19 Texas Administrative Code (TAC) Chapter 232, General Certification Provisions, which regulates certificate renewal, continuing professional development, and national criminal history record information. The second review is for 19 TAC Chapter 230, Professional Educator Preparation and Certification, which deals with procedures for issuance of certificates and permits, testing requirements and fees, and the types and classes of certificates issued by the board. Both of these chapters will be open for public comment in the Texas Register from Oct. 25 to Nov. 25, 2019.

Mark your calendars! The board also approved its meeting dates for 2020:

  • Feb. 21, 2020
  • May 1, 2020
  • July 24, 2020
  • Oct. 9, 2020
  • Dec. 11, 2020

Discussion-only items (no rule action required at this time):

The board discussed several possible future revisions to SBEC rules for professional educator preparation and certification found in 19 TAC Chapter 230. One of these changes would allow the Educational Aide I certificate to be issued as an industry-based certification. Graduating high school students who take education and training courses would be able to get the Educational Aide I certification and begin a career in education, helping to improve the teacher pipeline. Another change would reduce the number of days for computer and paper-based certification examination retakes from 45 down to 30 days. In order to comply with SB 1839 and HB 2039 passed in 2017 by the 85th Legislature, future rule revisions are expected to include prohibiting educators from gaining certification for Early Childhood: Prekindergarten-Grade 3 through the certification by exam (CBE) route. Stakeholders from the deaf and hard-of-hearing community testified at Friday’s meeting to request that the board also include the Deaf/Hard-of-Hearing EC-12 certification on the list of exams excluded from CBE. To implement HB 3, 86th Legislature, this chapter of SBEC rules will also include revisions mandating that educators who teach any grade from pre-K to 6th grade be required to pass the Science of Teaching Reading certification exam beginning Jan. 1, 2021.

Also up for discussion only was 19 TAC Chapter 228, which pertains to requirements for EPPs. The revisions being contemplated would implement this year’s HB 18, allowing educator certification candidates to obtain instruction in mental health, substance abuse, and youth suicide as part of their educational degree plan. The revisions would also prohibit an EPP that is consolidating or closing from admitting candidates if those candidates would not be able to finish the program. Additionally, new rules would require that candidates complete their internship, clinical teaching, or practicum within one program. The rule changes discussed would prohibit practicums from occurring exclusively in the summer. Revisions in this chapter would also allow for candidate placement into a program for cases in which educators must complete their clinical teaching or practicum out-of-state or out-of-country due to particular reasons (military assignment, illness, spouse transfer, etc.).

TEA staff also presented the board with data and information on formal complaints against EPPs and on deactivations of certificates being pursued through alternative and post-baccalaureate certification routes. Formal complaints that involve violations of the SBEC administrative rules require TEA staff to make sanction recommendations to the board. Certification deactivations are similar to contract abandonment cases in that they occur when an educator on an intern or probationary certificate leaves their teaching assignment before it has concluded. There are no educator or EPP sanctions for such deactivations. The board asked for more data regarding deactivations and will take this item up again at its next meeting.

TEA staff gave an update on the progress of the EdTPA pilot. EdTPA is a performance assessment that has been proposed as a replacement for the PPR exam, should the pilot program provide adequate evidence that EdTPA is a viable option. As of Sept. 1, 2019, the 27 programs participating in the pilot have completed 42 trainings, with 27 more scheduled. TEA staff indicated that most pilot programs will have their candidates submit their EdTPA portfolios in the spring of 2020. As for updated demographic data, the pilot participants are represented in 17 out of the 20 education service center regions in Texas. The actual number of participants is lower than what was originally projected (1700-1750) with about 600 reported candidates and an anticipated additional 250 candidates expected to join in the spring. TEA staff reported that there is “room to improve” with regard to African American representation among candidates. In an attempt to gain a more diverse candidate pool, TEA will open the application for Year 2 pilot participants this month. Board member Tommy Coleman requested that the board discuss at its next meeting how the EdTPA pilot and parallel T-TESS pilot (being run by university faculty) can use the same data points and collection methods.

The next SBEC meeting will be held on Dec. 9, 2019. Check back on our Teach the Vote blog after the December meeting for a summary.

New School Year, New Laws: Retirement Benefits

In last week’s “New School Year, New Laws” blog post, we discussed changes to the ethical and professional responsibilities of Texas public school educators. These included big changes to reporting requirements for non-certified employees and the creation of a “do-not-hire” registry. This week, we will shift gears to talk about educator pensions and retirement benefits, which also saw major changes as a result of the 2019 legislative session.

Senate Bill (SB) 12 by Sen. Joan Huffman (R-Houston): Increasing funds for TRS

SB 12 was the most important bill for improving the Teacher Retirement System (TRS) that was passed during the 86th legislative session. ATPE supported SB 12 because it infused enough additional funding into the TRS pension fund in order to make it “actuarially sound.” This also made possible the issuance of a 13th check of up to $2,000 to retirees last month. SB 12’s changes also make it more likely that the TRS will be able to offer a cost of living adjustment (COLA) in the next two to four years, which could provide a much-needed permanent increase in benefits to current and future retirees.

Actuarial soundness was achieved by gradually increasing the state, educator, and school district contributions to the fund over the next six years. Through these increased contributions, SB 12 lowered the time frame needed to pay off the unfunded liability of the TRS pension fund to reach an acceptable standard under state law. For those not familiar with pension lingo, unfunded liability refers to the amount by which the cost of future benefits that a fund is obligated to pay exceed the cash on hand in the fund, similar to carrying credit card debt. While SB 12 made great strides in supporting educators who rely on TRS, Texas remains 50th in the nation when it comes to the state’s contribution rate for educator retirement benefits. Moving forward, ATPE will continue to press the legislature to improve the retirement benefits that educators so greatly deserve.

House Bill (HB) 2820 by Rep. Dan Flynn (R-Van): Deregulating 403(b) investment options

Under previous law, TRS kept a list of approved investment vendors that could offer educators 403(b) investment products. These 403(b) investment plans are similar to 401(k) plans in that they offer a tax-advantaged way to save for retirement, but 403(b) plans are designed for public employees and tax-exempt organizations, like churches and charities. HB 2820 deregulates 403(b) investment offerings by eliminating the TRS list of approved vendors, as well as the requirement that vendors abide by TRS’s caps on fees. These caps limited the amount that a vendor could charge for each transaction. Under this new law, educators who choose to invest in a 403(b) will have to more closely monitor the administrative fees they are being charged. Additionally, without the fee cap, vendors might offer investment products that are very expensive now.


Join us next week on our “New School Year, New Laws” blog series here on Teach the Vote as we will discuss legislative changes impacting charter school laws.

For more information on new laws impacting educators, be sure to read the new report from the ATPE Member Legal Services staff, “Know the Law: An Educator’s Guide to Changes Enacted by the 86th Texas Legislature.”

New School Year, New Laws: Professional Responsibilities

In last week’s “New School Year, New Laws” blog post, we discussed new professional opportunities and educator support programs like mentoring that resulted from the 86th legislative session. For the latest installment in our ongoing series for ATPE, we will talk this week about other legislative changes made this year that will impact the ethical and professional responsibilities of those who work in Texas public schools.

House Bill (HB) 3 by Rep. Dan Huberty (R-Kingwood): Do not hire registry

School superintendents and principals have long had certain obligations to report to the state certain allegations of misconduct against certified educators who work in their schools. The State Board for Educator Certification (SBEC) is authorized to issue sanctions, up to and including revocation of an educator’s certificate, against individuals who hold educator certificates and are found to have committed misconduct. Similarly, SBEC may refuse to grant a certificate to an individual who does not meet state standards. However, SBEC has not had the authority or logistical means to take punitive actions against non-certified school employees in an attempt to deter similar misconduct by those individuals.

Under HB 3, school districts will now be required to report to the state misconduct allegations that arise against their non-certified employees, too. This includes allegations regarding abuse of, unlawful acts with, involvement in a romantic relationship with, or solicitation/engagement in sexual contact with a student or minor. The Texas Education Agency (TEA) now has the authority under HB 3 to investigate such reports against non-certified employees, since there previously was no body to look into cases involving these individuals who are not regulated by SBEC.

HB 3 also requires that TEA create a publicly accessible “do not hire registry” no later than Jan. 1, 2020. The registry will contain the names of individuals, both certified and non-certified, who have been deemed ineligible for hire in a public school based on their criminal history records or misconduct. Since there was no mechanism under previous law to sanction non-certified employees for misconduct, this issue became of increasing concern with growth in the number of charter schools and “Districts of Innovation” in Texas; both of those types of schools can exempt themselves from teacher certification requirements that apply to traditional public schools and may hire non-certified staff for positions that require regular interaction with students. With the update to the law under HB 3, schools throughout Texas will be required to discharge or refuse to hire anyone on the new do not hire registry.

HB 3 also expanded the criteria for designating those who are ineligible to be employed in a public school. Under previous law, a school district could not hire or was forced to discharge any employees who were required by law to register as a sex offender. Now, school districts must also do the same for those who may not be required to register as sex offenders but have committed offenses involving minors such as sexual assault, abandonment, endangerment, leaving a child in a vehicle, and indecency (as described by Title 5 of the Texas Penal Code). Additionally, the expansion of these criteria now encompasses not only those individuals who are convicted, but also those placed on deferred adjudication community service due to the offense committed.

TEA staff and SBEC are currently in the process of developing and discussing new administrative rule language to implement these provisions of HB 3. We expect these items to be discussed at the next SBEC meeting on Oct. 4, 2019, and we will be posting an update here on our Teach the Vote blog at that time.

Additionally, the Commissioner’s rules for the do-not-hire registry are open for public comment. Please see below, as posted on the TEA website:

These educator misconduct provisions of HB 3 became effective immediately with the enactment of the school finance bill.

Senate Bill (SB) 1476 by Sen. Paul Bettencourt (R-Houston): Educator misconduct investigations

SB 1476 allows public school administrators to skip out on misconduct reporting requirements for certified employees by meeting a few criteria. First, the superintendent must carry out an investigation and determine that the allegations are false. Second, this investigation and determination must occur before the educator resigns or is terminated from employment.

This bill was effective immediately upon being signed by the governor on June 14, 2019.

SB 944 by Sen. Kirk Watson (D-Austin): Public information law

SB 944 is an “open government” bill that requires that public information maintained on a privately owned device must be preserved in its original form on the device unless it is transferred to the district’s public information officer for backup. Because educators are public employees, this law will apply to any official business/school-related texts, emails, etc. stored on the educators’ personal devices, such as tablets, cell phones, and laptops. The law applies to former and current public employees, but only for information created or received on or after Sept. 1, 2019. If you keep such public information on any of your personal devices, ATPE recommends that you check with your school district for guidance on this law, including its local policies regarding how long you should archive or backup the information stored on your device.

This law took effect Sept. 1, 2019.


We encourage you to revisit Teach the Vote next week when we’ll be publishing the next “New School Year, New Laws” blog series post about pension and benefits changes that resulted from the 2019 legislative session. ATPE believes it is vitally important for educators to make sure they know and understand the laws that govern their profession and affect their classrooms. For even more information on new laws impacting public education in Texas, be sure to check out ATPE’s comprehensive report, “Know the Law: An Educator’s Guide to Changes Enacted by the 86th Texas Legislature,” created by the experienced staff of ATPE’s Member Legal Services department.

New School Year, New Laws: Mentoring, Training, and Professional Support

Thank you for joining us on Teach the Vote to learn more about how the bills passed during the 2019 legislative session will impact the Texas public education system. So far, we have looked into changes made to laws governing student discipline, school safety, curriculum and instruction, assessment, and special education. In this week’s “New School Year, New Laws” post, we will talk about something just for educators – professional opportunities.

House Bill (HB) 3 by Rep. Dan Huberty (R-Kingwood): Mentor teacher program

HB 3, the multi-billion dollar school finance bill passed this session, included a mentor program allotment and an updated mentor teacher program. The allotment will provide funds to school districts that are implementing a mentor teacher program for educators with less than two years of experience. This allotment will help districts provide stipends to mentor teachers, schedule release time for mentors and their “mentees,” and fund mentor training.

Under the requirements of the bill, a mentor teacher must agree to serve in that role for at least one school year and must start their assignment no later than 30 days after their mentee begins teaching. Additionally, districts must assign a mentor to a new classroom teacher for at least two years. Commissioner of Education Mike Morath will adopt rules to specify how many mentees can be assigned to a mentor.

The qualifications for serving as a mentor teacher are much the same as they were under previous law. For example, mentors must complete certain mentor training and have at least three full years of teaching experience. HB 3 adds that, to serve as a mentor, a teacher must also demonstrate interpersonal skills, instructional effectiveness, and leadership skills. Lastly, mentors must meet with their mentees at least 12 hours per semester, which can include time the mentor spends observing the mentee. During these meetings, HB 3 outlines specific conversation topics such as orientation to the district, data-driven instructional practices, coaching cycles, professional development, and professional expectations.

Districts are required to provide mentor training and training on best mentorship practices before and during the school year. Districts are also required to designate mentor-mentee meeting times and schedule release time or a reduced teaching load for mentors and their mentees.

This provision of HB 3 took effect immediately upon the final passage of the bill.

HB 3 by Rep. Dan Huberty (R-Kingwood): Autism training

HB 3 allows school districts and charter schools to provide financial incentives to teachers who complete training through an education service center (ESC) on serving students with autism.

This provision also became effective immediately.

HB 3 by Rep. Dan Huberty (R-Kingwood): Teacher literacy achievement academies

HB 3 includes a focus on improving reading instruction for students in kindergarten through third grades. By the 2021-22 school year, districts must ensure that each classroom teacher in grades K-3 and each principal at a campus with grades K-3 has attended a teacher literacy achievement academy. Created in 2015 by the 84th Texas legislature, teacher literacy achievement academies are targeted professional development opportunities to enhance instruction, especially for special populations. Additionally, HB 3 now requires that each K-3 teacher or principal must have attended a teacher literacy achievement academy before their first year of placement at a campus in the 2021-22 school year.

Current law regarding teacher literacy achievement academies states that, from funds appropriated, teachers who attend an academy are entitled to receive a stipend in an amount determined by the Commissioner from funds appropriated by the legislature for the program. The academies have been funded through the appropriations process since their inception, and this program will receive $9 million over the next biennium.

This provision of HB 3 also took effect immediately.

Senate Bill (SB) 1757 by Sen. Brandon Creighton (R-Conroe): Math and science scholars loan repayment

Under previous law, the math and science scholars loan repayment program was open to teachers who met the following criteria: they completed an undergraduate or graduate program in math or science; are certified to teach math or science (or on a probationary certificate); have been employed as a full-time math or science teacher in a Title I school for at least one year; are U.S. citizens; are not in default on any other education loan; and have not received or are not receiving any other state or federal loan repayment assistance. Additionally, the teacher must have had a cumulative GPA of 3.5. Under SB 1757, this GPA requirement is lowered to 3.0 for the loan repayment program.

The teacher must also enter into an agreement with the Texas Higher Education Coordinating Board (THECB) to complete four consecutive years of employment as a full-time classroom math or science teacher in a Title I school. Under previous law, the teacher also had to commit to an additional four years teaching in any public school, though not necessarily a Title I school. SB 1757 changes this requirement to allow the THECB to determine how many additional, non-Title I school years (not to exceed four) a teacher must teach.

Also, SB 1757 now allows student loan repayment assistance for education taking place at a nonprofit, tax-exempt, regionally accredited college or university. This bill was effective Sept. 1, 2019.

SB 37 by Sen. Judith Zaffirini (D-Laredo): Student loan default

If you’ve ever renewed your teaching certificate, you might have noticed that the State Board for Educator Certification (SBEC) can deny your renewal if you are in default on a student loan. SB 37 changes the law so that SBEC is prohibited from considering student loan status. This law took effect Sept. 1, 2019. However, SBEC still has to change its own administrative rules regarding student loan default and certificate renewal requirements. The board will discuss this at the next SBEC meeting on Oct. 4, 2019. Follow us on Twitter and check back on our Teach the Vote blog for updates about this meeting


In next week’s installment of our “New School Year, New Laws” blog series, we will discuss professional responsibilities, such as recent changes that were made to educator misconduct and reporting laws.

For more information on laws impacting educators, be sure to read the new report from the ATPE Member Legal Services staff, “Know the Law: An Educator’s Guide to Changes Enacted by the 86th Texas Legislature.”