Author Archives: ATPE staff

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

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


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

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

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

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


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


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

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


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

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


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

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

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


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

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

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


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

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

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


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


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

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


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

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



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

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

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


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


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

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

Teach the Vote’s Week in Review: July 17, 2020

This week’s news includes election analysis, ATPE’s updated recommendations for safely reopening schools, and a key announcement from the state today giving districts slightly more flexibility to operate virtually at the beginning of the school year. Read about these developments and more in this week’s wrap-up from the ATPE Governmental Relations team.


This week, ATPE released an updated set of comprehensive recommendations for reopening schools that prioritize safety, the involvement of educators and parents in decision making, and local flexibility. The ATPE plan calls for the state to develop a framework using objective medical data such as the test positivity rate, hospitalizations, or newly confirmed COVID-19 cases as potential gating criteria for decisions on when it is safe to reopen schools for in-person instruction. In a statement, ATPE Executive Director Shannon Holmes said the framework will “minimize the risk of hasty reopening decisions based on politics, rather than prioritizing the health and safety of students and school employees.” In our recommendations, ATPE also urges the state to suspend standardized testing in the 2020-21 school year, as urged by the ATPE House of Delegates last week. These recommendations were sent in a letter to Governor Abbott and Texas Education Commissioner Mike Morath.

Read more about the ATPE proposal in this blog post by ATPE Lobbyist Mark WigginsATPE members can use our premier advocacy tool Advocacy Central to communicate with their elected officials regarding the ATPE plan for reopening and other concerns they may have with regard to the return to school.


CORONAVIRUS UPDATE: Last week’s release of the Texas Education Agency (TEA) public health guidance left educators wanting more specificity and clarity on the health and safety aspects of the return to in-person instruction this fall. This week, snippets of new information indicating a relaxation of in-person schooling requirements trickled through news outlets, based on interviews with the governor and TEA officials. Today the agency posted more official guidance on its website, along with a press release and video by Commissioner Mike Morath.

As foreshadowed in reporting by the Texas Tribune, the new public health guidance that TEA issued today enables districts to operate virtually for the first four weeks of school (instead of three), with an additional four weeks of transition possible under local school board decision-making authority and a waiver from the state. A caveat to this new flexibility is that districts must provide in-person instruction to any student who does not have Internet access or the devices necessary to participate in virtual instruction, even during the transition period. Additionally, under the new TEA guidance districts can offer a hybrid instructional model for high school students only in order to stagger the number of students on campus at any given time. Read more about today’s developments in this blog post on Teach the Vote.

Updates to TEA’s COVID-19 Support and Guidance Page this week included additional updates to the public health orders page regarding personal protective equipment (PPE) procurement and distribution and a document outlining the informal selection process for symptom-screening mobile and web-based applications that districts may use. Updates to instructional continuity included new operation connectivity resources, sample school instructional models, and new Texas Home Learning resources. The waivers, finance, and grants page was updated with information about new federal funding, the CARES Act, and equitable services FAQs. The TEA website also added new information for the high school hybrid waiver and extended transition period waiver announced today, and updates to the attendance and enrollment FAQ to reflect the changes shared today. The Texas educators support page was also updated with an FAQ document about leave and resignation.

As educators learn of their district’s plans, they frequently have questions regarding their health and safety and professional rights and responsibilities. Visit the ATPE COVID-19 FAQ and Resources page for the constantly updated resources and answers to common questions.


ELECTION UPDATE: Texas voters decided primary runoff races across Texas this week, leading to some surprise wins and losses. Turnout in runoff elections is typically low, but this year’s runoffs saw higher turnout than in previous years. While Election Day turnout wasn’t immediately available, turnout data during early voting showed a significant increase in participation — though still far from the numbers we see during the November elections. Read a full rundown on this week’s election results in this post by ATPE Lobbyist Mark Wiggins.


FEDERAL UPDATE: Vice President Mike Pence last week indicated the Centers for Disease Control (CDC) would be issuing new school reopening guidelines today, but the federal health agency now says it expects to release those new guidelines by the end of this month. On Capitol Hill, the House Education and Labor Committee has planned a July 23 hearing of its Early Childhood, Elementary, and Secondary Education Subcommittee to examine recommendations for safely reopening schools. The committee asked CDC Director Robert Redfield to testify at the hearing, but media reports out of Washington late today say the White House will prohibit Redfield from appearing at the meeting.

Tonja Gray

Jimmy Lee

ATPE State President Tonja Gray and Vice President Jimmy Lee participated in virtual meetings this week with some of the Texas congressional delegation, including members of the House education committee. In addition to discussing school reopening concerns and the need for more federal funding to help schools deal with COVID-19, ATPE also urged the congressmen to take needed action on Social Security reform and replacing the harmful Windfall Elimination Provision. Additional meetings are scheduled for next week.

Meanwhile, U.S. Secretary of Education Betsy DeVos and the White House are continuing to push for in-person instruction in the fall. DeVos spoke with both CNN and Fox News this week and reiterated previous sentiments that the CDC guidelines for reopening were flexible and that states should expand school choice. To CNN, DeVos said, “There is nothing in the data that would suggest that kids being back in school is dangerous to them,” which is contrary to data that shows children are being infected by COVID-19. Even the American Academy of Pediatrics, often cited by President Trump, DeVos, and TEA as an authority on handling the return to school, has joined national education groups in recommending that reopening be subject to the advice of local health experts.


The Teacher Retirement System (TRS) Board of Trustees convened virtually this week for its regularly scheduled meeting. The board discussed a number of agenda items including the current financial market in light of the COVID-19 pandemic, TRS-Care and ActiveCare, the fiscal year 2021 budget, highlights of the agency’s preliminary legislative appropriations request, and updated considerations on TRS space planning. View board materials and archived video of the three-day meeting here. Stay tuned to Teach the Vote for a blog post coming soon with additional highlights of the meeting.


The State Board for Educator Certification (SBEC) will meet next Friday, July 24, to take up an agenda that includes implementation of the new Science of Teaching Reading exam requirements from last year’s House Bill (HB) 3 and a discussion of COVID-19 considerations related to certification. Additionally, the agenda includes a proposed rule that would remove the expiration date on the Legacy Master Teacher certificates. This change, heavily pushed for by ATPE, will protect Legacy Master Teacher certificate holders from the unintended consequences of HB 3, which repealed the authorization for Master Teacher certificates and barred them from being renewed. Check back on Teach the Vote next week for an update on the meeting.

BREAKING: TEA issues new reopening guidance; ATPE deems it insufficient to ensure safety

Today the Texas Education Agency (TEA) announced it would allow school districts to begin their school year with a four-week transition period of virtual instruction (up from three weeks permitted under prior TEA guidance). The new public health guidance and attendance and enrollment FAQ also allow districts, with school board approval, to apply for an extension to add four more weeks to the transition period based upon local health conditions. ATPE issued a statement today saying the revised guidance is insufficient to address the serious safety concerns of educators and parents and that the state must take stronger, more decisive action to protect Texans’ lives.

TEA’s updated guidance attempts to offer school districts additional flexibility around moving to a full-time, in-person instructional environment. But the updated guidance continues to miss the mark by imposing arbitrary time limits that are not tied to any statewide, medically determined standard that would calculate and reflect the actual risk of viral spread in a particular community. ATPE has urged the state to gate reopening decisions by objective epidemiological metrics to give parents and educators confidence that reopening decisions are based on sound public health science that is applied consistently throughout the state.

TEA previously issued guidelines allowing districts to avail themselves of a three-week transition period at the beginning of the school year during which students could attend school virtually. After three weeks, the school district would be required to provide full-time in-person instruction in order to continue receiving state funding. On Friday, TEA extended that transition period to four weeks and is allowing districts, with the approval of their school boards, to request an additional four weeks of transition based upon local health factors.

While this additional opportunity to extend the transition period between remote and in-person instruction is appreciated, it remains arbitrarily time-limited and not tied to any quantitative, health-based metrics. A four- or eight-week delay might be appropriate in some parts of the state, but not others. ATPE has consistently argued that school reopening decisions should be guided by local health conditions as measured by a statewide framework.

The extension of the transition period also seems to be available only at the subjective discretion of school boards and the commissioner, although the new guidance around this is vague. TEA states, “All waivers are approved upon receipt,” but at the same time stipulates that districts must provide additional documentation along with their request, including information regarding local health conditions relating to the safety of returning to campus. Weekly case counts and positive tests are cited as examples. If the commissioner intends to grant all waiver requests upon receipt, it is not clear why districts are being forced to collect local health data and provide additional paperwork to TEA. It is also puzzling why the state cannot identify a state-level source for such COVID-19 data and use that to guide reopening decisions, as ATPE has recommended.

The agency does state in its new guidance that a district seeking an extension of the transition period must consult teachers, staff, and parents, which is something ATPE has advocated for a long time at both the local and state level. We are pleased to see this nod to the importance of involving school staff and parents in decisions about safely reopening schools, but we urge the state and school districts to solicit the feedback of these critical stakeholders immediately. Educators and parents must be involved in the reopening process from the beginning; they should be meaningfully involved and consulted before the school year begins and as changes become necessary. Clear communication is also essential.

One of the more troubling aspects of the state’s new guidance issued today is the continuing requirement that schools must offer in-person instruction to any student who needs and requests it on any day of the school year, even during the initial transition period. The guidance states, “On-campus instruction must be offered for all students who want to attend on campus in order to be eligible to receive funding for remote instruction.” There are exceptions for a few limited circumstances, such as a district’s being subject to a government closure order or campuses that are part of the Texas Virtual School Network. But it is clear that the state’s directive will require a minimal number of staff to be on campus from the beginning, even during the transition period since there will be students who are unable to participate in virtual instruction and must be allowed an on-campus option. This could easily allow for an unsafe number of students – and the higher-risk adult teachers and other staff whose presence is required to serve those students’ needs – physically on the campus.

We believe TEA is relying on assumptions that the risk of COVID-19 infection and spread among children is low, even though much remains unknown about this new virus, but underestimating the risk to the numerous adults who will be forced to interact with each other and those students in order to provide on-campus instruction as required by the state. Many ATPE members have told us they are considering retirement or leaving the profession due to fears they will be forced back to campus too early and face an unreasonably high risk of exposure to COVID-19, compromising their own health or that of their families. Those adults at higher risk than children, according to the state’s approach, deserve more assurances that their return to campus will be reasonably safe. For this reason, ATPE insists the state must take stronger, more decisive action to protect Texans’ lives.

“If Texas is not willing to provide objective metrics to guide local reopening decisions, as ATPE has recommended to them, then school districts and local health authorities must be empowered to make their own reopening decisions without the threat of losing funding,” said ATPE Executive Director Shannon Holmes. “Otherwise, we are simply playing politics with the lives of all Texans—our more than 5.4 million students, approximately 750,000 public school employees, and their families at home.”

ATPE has proposed its own plan and recommendations for the safe reopening of schools, which can be found here. ATPE will continue to advocate for educators and urge state and local leaders to include school employees and parents in the decision-making process for when and how to return to school.

BREAKING: TEA posts updated public health guidance for school reopening

The Texas Education Agency (TEA) today released a new Public Health Planning Guidance document for the 2020-21 school year. While ATPE is still analyzing the guidance, it appears fairly similar to the previously released “draft” public health guidance, which was seemingly posted by mistake last month on the agency’s website.

Notably, TEA’s press release on the guidance released today states that all students, teachers, staff, and visitors coming to campus must be screened before being allowed on campus. Additionally, Governor Greg Abbott’s statewide mask order will require that masks are worn while in school buildings, with certain exceptions as outlined in the governor’s order. However, it is clear that TEA’s nine-page guidance issued today, much like its “draft” predecessor, continues to place most responsibility on local school districts for coming up with their own plans for dealing with COVID-19.

As previously reported, ATPE has released Recommended Health and Safety Guidelines for a return to school and factors that local and state decision-makers should consider. Read a press statement from ATPE about the July 7 guidance document released by TEA.

Stay tuned to our Teach the Vote blog for more detailed analysis on the public health guidance coming soon from ATPE’s lobbyists, and visit ATPE’s COVID-19 FAQ and Resources page for other news and updates.

Teach the Vote’s Week in Review: June 19, 2020

Today is Juneteenth, the day that notice of the Emancipation Proclamation freeing slaves finally reached Texas (two and a half years later). Celebrations like Juneteenth help educate future generation about our shared past and are a perfect way to continue conversations and action about the current issues facing our nation. For what happened in education this week, read the update below from the ATPE Governmental Relations team.


CORONAVIRUS UPDATE: Yesterday, Gov. Greg Abbott made a surprise announcement during a call to lawmakers that he intends for Texas schools to reopen for in-person classes in the fall, with flexibility offered for those who have health concerns. The Texas Education Agency (TEA) confirmed the plan in a brief statement, promising that more information will be forthcoming next week.

As reported by the Texas Tribune, TEA has said that the state will not require districts to mandate that students wear masks or be tested for COVID-19 symptoms. However, TEA has also said that the state plans to distribute personal protective equipment (PPE) to districts. Overall, the ambiguity in both the governor’s and TEA’s messaging and the delay in providing additional guidance to school districts have spurred confusion and anxiety among educators, who fear for the health and safety of students in addition to their own personal safety, as shown by a recent ATPE survey.

In response to the state officials’ remarks yesterday, ATPE released a statement that highlights our commitment to fighting for safe learning environments and our members’ respect for local control, allowing decision-making by locally elected school boards with the input of their local educators and community. We know that school districts around the state are working to make informed decisions about when and how to start the new school year, including deciding on necessary safety precautions to prevent the spread of COVID-19. Even without state-level orders on wearing masks, for example, some districts have already indicated that they will require their students and staff to wear masks when school resumes. Other safety measures being implemented by some districts include temperature checks, limiting classroom occupancy, staggering the days that students and staff are on the campus, and providing for distance learning options. To make these difficult decisions at the local level, school districts need additional support and comprehensive guidance from the state, and ATPE is urging TEA to provide this information as soon as possible.

In the meantime, ATPE has updated our Coronavirus FAQ and Resources page to address new questions about the developments this week. We will provide updated information as soon as TEA shares additional guidance to school districts next week.


Here’s more on the recent ATPE survey of educators about COVID-19. More than 4,200 educators and other school employees answered our poll on how COVID-19 has impacted education. No surprises here, educators responding to the survey cited student health and safety as their top concern, even more so than their own health and safety. Read this week’s blog post from ATPE Lobbyist Mark Wiggins for a full rundown.


The U.S. Department of Education has shared information about Texas’ plans for using federal COVID-19 relief funds for education. The newly posted certification and agreement documents are part of the state’s applications for the Governor’s Emergency Education Relief (GEER) and Elementary and Secondary School Emergency Relief (ESSER) funds included in the CARES Act.

According to the application, the K-12 portion of the $29.2 million in Texas GEER funds will be used as follows:

  • to support remote learning for all students, including ensuring connectivity (Operation Connectivity);
  • to create a comprehensive set of online instructional materials, which we presume will be hosted on the existing TexasHomeLearning.com website operated by the Texas Education Agency (TEA); and
  • to provide a virtual dyslexia intervention service.

Of the $1.28 billion in ESSER funds going to Texas, TEA plans to reserve 9.5%, the maximum amount allowed under the law, to use for discretionary projects, which are mostly focused on supporting remote and online learning. The agency plans to implement the following:

  • an online summer bridge program to assist graduating seniors;
  • a support and monitoring program for districts that are adapting to remote learning settings;
  • a “turnkey” remote instructional support and content delivery service (likely what TexasHomeLearning.com will become);
  • a program in which select districts redesign their models for online learning;
  • mental and behavioral supports; and
  • a remote dyslexia instruction platform.

The Texas Education Agency (TEA) updated its coronavirus-related web resources this week. TEA’s closure support and guidance page includes updates on allotments for personal protective equipment. The general support page features new FAQs for school boards and charter schools. The Texas Home Learning resources have been updated on the instructional continuity page, which also includes new information about changing school start dates. New federal funding and CARES Act reimbursement information is on the waivers, finance, and grants page. Lastly, the agency has posted new information on its assessment page related to the optional extended online testing windows for the 2020-21 school year.

Check out ATPE’s Coronavirus FAQ and Resources page for the latest information on COVID-19 issues facing educators.

ATPE responds to plans for in-person instruction this fall

The Association of Texas Professional Educators (ATPE) responded Thursday to news that Gov. Greg Abbott plans for Texas schools to resume in-person instruction when the 2020-21 school year begins this fall. The Texas Education Agency (TEA) confirmed the plans and is expected to provide more detail next Tuesday. The news comes as a new ATPE poll shows health and safety for students and staff are the top concerns of educators when it comes to the upcoming school year.

According to the Texas Tribune, Gov. Abbott informed state legislators on a conference call Thursday morning, June 18, of the plans for in-person instruction this fall, even as hospitalizations for COVID-19 in Texas hit record highs for a week straight. TEA confirmed the plans for in-person instruction with a brief statement from the commissioner claiming that “it will be safe” to return to campus this fall and that “flexibility” will be provided to those with health concerns.

In response to the news, ATPE released a press statement today, noting the association’s support for keeping school environments safe and empowering school districts to make decisions about the return to school that reflect the leadership of their elected school boards and local community input. The association also hopes local officials will consider the impact of the pandemic in their area and the recommendations of medical experts in crafting their return-to-school plans, but additional guidance from the state will be necessary.

State officials have indicated that they will not require school districts to mandate that students wear masks or be screened for COVID-19 symptoms, but districts are likely to adopt their own protocols that may vary locally. TEA has allocated funding to districts for personal protective equipment (PPE), posting a spreadsheet to show the allocation planned for each district.

In ATPE’s recent survey of more than 4,200 Texas educators about their views on returning to campus during the pandemic, more than 63% of respondents named the health and safety of students as their top concern. Sixty percent of respondents listed their personal health and safety, and more than 45% reported concern about student learning gaps and learning loss. Read more about ATPE’s survey here. Following the news of the governor’s intentions today, numerous ATPE members reached out to us sharing similar concerns about health and safety.

The commissioner is expected to offer more details on the agency’s guidance for districts on reopening and school funding on Tuesday. ATPE is also awaiting more detail on allowances for students and staff who may not be able to return to school in person due to health considerations and associated funding concerns. As additional guidance is released by the state, ATPE will report on any new developments here on Teach the Vote and will continue to update our Coronavirus FAQ and Resources page for educators.

Teach the Vote’s Week in Review: June 5, 2020

It’s been a difficult week of unrest around the country, falling on the heels of what was already a stressful spring semester for students and educators. As Texas enters phase three of reopening, many districts are contemplating the 2020-21 school calendar and a safe return to school that will meet the needs of staff and students. See our headlines below and read a recap of education developments this week from the ATPE Governmental Relations team. And don’t forget to register to vote by June 15 for the July 14 elections. Your vote is your voice!


CORONAVIRUS UPDATE: On Wednesday, Gov. Greg Abbott announced “phase three” of the reopening of Texas. In phase three, all businesses may operate at 50% capacity, with limited exceptions, and restaurants can seat bigger parties and expand their occupancy limits. Large outdoor events, such as Fourth of July celebrations, were made permissible but determinations on such events will be up to local officials. No changes for schools were announced in phase three. Find full details here.

Visit ATPE’s continually-updated Coronavirus FAQ and Resources page for the latest information on COVID-19 issues. The Texas Education Agency (TEA) updated its coronavirus-related web resources this week as well, including updates on special education (continuity of learning), academics (Texas College Bridge and graduation), crisis code reporting guidance, reading diagnostics instruments guidance, and funding (CARES Act updates and FEMA guidance regarding a hurricane amid COVID-19).


ELECTION UPDATE: On Thursday, the U.S. Fifth Circuit Court of Appeals issued a permanent stay against a lower federal court’s ruling that ballot by mail could be expanded to all Texans. Further appeals are possible. This development follows last week’s Texas Supreme Court ruling that lack of immunity to the coronavirus does not constitute a disability that would make one eligible to vote by mail, but also explaining that it is up to voters to decide whether to claim a disability and local election officials need not verify such claims. Read more in yesterday’s blog post by ATPE Senior Lobbyist Monty Exter.

The deadline to register to vote in the July 14 runoff election (and a Texas Senate District 14 special election happening the same day) is only 10 days from now on Monday, June 15. Make sure you’re registered and learn what’s on your ballot here. View candidate profiles, including their education survey responses and voting records, on Teach the Vote here. If you feel you meet the eligibility criteria to vote by mail, your application to receive a mail-in ballot  must be received by your local election administration (not postmarked) no later than July 2. Find additional information about voter registration from the League of Women Voters here, plus get election reminders and other resources from Texas Educators Vote coalition here,


As parents consider their children’s return to school this fall, they might wonder about virtual schooling options. However, a recent peer-reviewed study showed students who switched from brick-and-mortar schools to virtual charter schools experienced substantial learning loss compared to their traditional public school peers, even controlling for other demographic, teacher, and classroom factors. Perhaps it is virtual class sizes of 100 students or the profit-oriented nature of many virtual schools that leads to less learning. Educators would likely agree it is the lack of face-to-face, authentic interaction and relationship-building, which are essential to teaching and learning. Learn more about the study in this blog post by ATPE Lobbyist Andrea Chevalier.


School calendars and the return to school facilities remain hot topics this week. As we previously reported on Teach the Vote, school districts were allowed to reopen their facilities on June 1 for summer school. Some districts, such as Houston ISD and others, will only offer virtual summer school options as they cite challenges to implementing the health and safety protocols outlined by the Centers for Disease Control and the TEA. Texas Public Radio reported this week that at least two school districts in San Antonio will open for limited summer school programming with both in-person and virtual options. District plans include having students eat lunch at their desks, keeping students six feet apart, taking temperatures daily, and limiting group sizes.

ATPE GR Director Jennifer Mitchell

School districts are also fervently deciding on their 2020-21 school calendars and related budgeting matters. In an opinion piece published June 1 by the Dallas Morning News, ATPE Governmental Relations Director Jennifer Mitchell wrote about the challenges surrounding school calendar decisions in light of the coronavirus pandemic. In addition to health and safety considerations, many other factors need to be taken into consideration. As the Texas Education Agency (TEA) urges schools to consider longer, more flexible calendars, the extra costs of building in additional instructional days cannot be ignored at a time when many are worried about the impact of the pandemic on the next state budget. Calendar changes also impact businesses and working parents, too. “Few parents have the luxury of taking six weeks of additional leave from their jobs if students are sent home from school for extended breaks,” says Mitchell. ATPE has urged TEA to provide comprehensive guidance to help school boards navigate these decisions, and as noted in Mitchell’s op-ed, we also urge the community to support the school districts and educators who are taking on these challenges.

School start dates are a particular concern for many educators now that summer is here. Austin ISD still expects to start the school year August 18, the same date previously approved by its board earlier this year, but several other districts are heeding TEA’s advice to move up the start of the next school year. Alief ISD‘s 2020-21 calendar, posted this week as an example on the TEA website, includes an earlier start date in August, two extra instructional days, and extra week-long flexible breaks in October and February that could be used for instruction if needed. It is important for educators to pay close attention to calendar deliberations in their districts, especially since the school start date directly affects the deadline for educators to resign without penalty.

Educators can find resources and answers to frequently asked questions about returning to school on ATPE’s Coronavirus FAQ and Resources page. As calendar decisions are being contemplated, we also encourage educators to take advantage of any opportunities to share their voices at school board meetings or whenever staff or community input is sought by the district.


ATPE joined 20 other organizations writing a letter to Texas Education Commissioner Mike Morath urging support for prioritizing students’ mental health and social-emotional needs, especially as those needs have been magnified by the coronavirus pandemic. As stress and reports of family violence and trauma have increased across the state, the letter calls for the Texas Education Agency (TEA) to use available resources to infuse mental and social-emotional health strategies and practices into the state’s education priorities for the benefit of students and school staff alike. The letter was spearheaded by Texans Care for Children, a non-profit focusing on the well-being of Texas families and children.


U.S. Rep. Kevin Brady

With more educators thinking about retiring from the profession in the wake of the coronavirus pandemic, many are concerned about their Social Security benefits. Spearheaded by our Washington-based lobbyist David Pore, ATPE continues to urge Congress to repeal the Windfall Elimination Provision (WEP) that reduces many educators’ Social Security benefits. One of those leading a bipartisan effort to replace the WEP with a more equitable solution is U.S. Rep. Kevin Brady (R-The Woodlands, Texas), former chairman and now ranking member of the U.S. House Committee on Ways and Means. Texas Retired Teacher Association (TRTA) Executive Director, Tim Lee, sat down with Rep. Brady this week for a Facebook Live conversion about the congressman’s efforts to reform the WEP. As noted by Lee (on the video at 13:15), ATPE has worked with TRTA and Rep. Brady for many years on pursuing WEP relief both for educators already retired and those who will retire in the future.

To learn more about the WEP and how it might affect you, read this Teach the Vote blog post or the Social Security information on the main ATPE website.

Teach the Vote’s Week in Review: May 29, 2020

These are the strangest last days of school. No bustling students, smiling and excited for summer. No hugs goodbye or “Have a great summer” notes. Socially-distanced graduation ceremonies. Rest assured, students and teachers will be reunited in the coming future, more grateful than ever for the bond that is created during learning. As you start your summer, relax and enjoy some reading on this week’s education news from the ATPE lobby team.


Abbott press conference in Amarillo, May 27, 2020.

CORONAVIRUS UPDATE: On Tuesday, Gov. Greg Abbott issued a proclamation to expand services and activities that can be reopened in Texas, including water parks, driver education programs, and food courts in shopping malls (with limited occupancy). As previously announced, zoos can reopen today, and on Sunday, youth camps and sports can resume activity. Abbott also held a press conference Wednesday in Amarillo to share positive updates on the progress of testing and containment of the outbreak in the panhandle.

On Monday, schools have been authorized to reopen to students with special safety measures in place, such as taking students’ temperatures every day and separating desks by six feet (among many others). Citing logistical concerns with the feasibility of implementing such requirements, Houston ISD and other districts in the area have chosen to implement online-only summer school. Other districts may only offer statutorily-required summer school to rising kindergarten and first grade English learners. Midland ISD is collecting data from parents and teachers on how to proceed with learning in the upcoming school year. Ft. Bend ISD announced this week that it plans to offer a full-time virtual learning option for its students who are not comfortable returning to school in-person in the fall.

As more districts gather input from their communities and make decisions regarding summer and fall learning, we expect to see a variety of approaches emerge. To help educators navigate these changes, ATPE continues to update our Coronavirus FAQ and Resources page. The Texas Education Agency also has updated nearly every topic on its coronavirus-related webpage, including new year-round calendar examples and guidance pertaining to special education, special populations (English language learner summer school guidance), academics (dyslexia screening requirements), student assessment, and funding (CARES Act guidance).


ELECTION UPDATE: This week, the Texas Supreme Court ruled that lack of immunity to the novel coronavirus does not constitute a disability, overturning a lower court decision that would have effectively expanded who can vote by mail in Texas. The court did not, however, side with Texas Attorney General Ken Paxton in forcing local election officials to check the disability status of those who apply for a ballot by mail. A separate case in the U.S. Fifth Circuit is still pending.

In light of the health risks associated with voting in person, Gov. Abbott said this week in an interview (see the 4:30 mark) with Lubbock news station KCBD that he will extend the two-week early voting period for the November 2020 election.

Secretary of State Ruth Hughes this week announced a minimum health and safety protocol for voters and poll workers, which includes bringing your own ballot-marking device and curbside voting if you have COVID-19 symptoms and meet other eligibility requirements. Read more in this week’s election roundup post by ATPE Lobbyist Andrea Chevalier.


FEDERAL UPDATE: This week, U.S. Secretary of Education Betsy DeVos announced that the Department of Education (ED) would begin rulemaking to solidify its guidance directing public school districts to spend federal stimulus funds on private schools. This follows Texas’s issuance of its own CARES Act guidance, which instructs districts to heed ED’s interpretation of the “equitable services” provision within the law.

Betsy DeVos

Many argue that DeVos’s interpretation of how “equitable services” funds should be distributed under the CARES Act is actually inequitable. Her department’s direction could send an unprecedented amount of Title I-based federal emergency dollars to private schools, regardless of their students’ income, language status, or other eligibility criteria typically required by federal education law. Read more about the dispute over CARES Act funding in this blog post by ATPE Lobbyist Andrea Chevalier.

ATPE’s federal lobby team continues to discuss our concerns with lawmakers, and we will provide formal input on any new rules that are proposed by the department. However, it’s been reported that ED may use a “good cause” exception under federal administrative procedures to try to make the rule change effective immediately upon its publication, even before the public comment period expires. The U.S. House passed a new coronavirus relief bill earlier this month that would limit Secretary DeVos’s power to steer federal coronavirus relief funds to private schools, but the Senate has not been willing to consider the measure.


ATPE recently submitted formal comments on proposed rules for the Teacher Incentive Allotment (TIA) established through last year’s House Bill 3. The proposed commissioner’s rules outline key aspects of the TIA’s local optional designation systems, such as data sharing requirements, teacher eligibility, and the district plan approval process. ATPE’s comments to the agency highlight the need to maintain confidentiality in data sharing and recommend other changes to improve the rules. Read more in this blog post by ATPE Senior Lobbyist Monty Exter.


Recent surveys on education during the COVID-19 pandemic show parents and educators are worried about their students, mainly with learning loss and children’s ability to follow social distancing guidelines if they go back to school. They also appear to agree with the general public  in not wanting an extended school year calendar, instead preferring summer school options. Read more about the Learning Heroes Parent 2020 survey and the USA Today/Ipsos polls of parents and teachers in this blog post by ATPE Lobbyist Andrea Chevalier.

Do YOU want to take a survey and share your thoughts, too? Until June 3, ATPE invites educators  to share your concerns about returning to campus for the 2020-21 school year in ATPE’s short, confidential survey. You don’t have to be an ATPE member to participate, so please share the survey with your colleagues, too. Help us develop resources and support Texas educators and students during these uncertain times.

Texas signals it may send federal K-12 dollars to private schools

This post has been updated from its original version to reflect new guidance issued by the Texas Education Agency on May 21, 2020. See details at the bottom.

Federal stimulus funding appropriated by Congress to help states and school districts deal with the effects of the coronavirus pandemic could find its way into the coffers of private schools and virtual education vendors. Even though public schools sorely need the federal emergency funding for their own students, U.S. Secretary of Education Betsy DeVos is calling for districts to set aside an unprecedented amount of their CARES Act funds for use by private schools. While other states have pushed back against that guidance, Texas officials seem more inclined to go along with Devos’s plan.

The Coronavirus Aid, Relief, and Economic Security (CARES) Act allocated $13.5 billion for the K-12 Elementary and Secondary School Emergency Relief (ESSER) fund and another $3 billion for the Governor’s Emergency Education Relief (GEER) fund for K-12 and higher education needs. While both streams of funding are based to some degree on the number of low-income students, 90% of CARES Act funding aimed at K-12 schools will be distributed using Title 1 formulas. Second only to California, Texas is set to receive $1.29 billion in CARES Act ESSER funds and $307 million in GEER funds.

At the end of April, DeVos issued guidance from the U.S. Department of Education (ED) directing school districts to use their federal emergency funding under the CARES Act to provide “equitable services” to all students attending private schools in their districts, which is a dramatic expansion of the population qualified to receive such services. As districts look to use these funds, questions remain as to whether Texas officials will press districts to adhere to ED’s questionable guidance.

“Equitable services” is a term that has existed in the Elementary and Secondary Education Act (ESEA) since its passage in 1965. It refers to a school district’s duty to a specific population of students — those who live in the attendance zone of a Title I school, are low achieving on the basis of multiple, educationally related, objective criteria, and attend a non-profit private school. After a consultation process and an equitable services agreement with a private school, districts must provide equitable services to eligible students. Services include such things as counseling, professional development for the students’ teachers, or other instructional services that would improve their academic outcomes. DeVos, a long-time supporter of private school vouchers, wants to expand the population of eligible students from those described above to cover all private school students, including those from wealthy areas or not at risk of poor educational outcomes.

U.S. Secretary of Education Betsy DeVos

Under federal law, the proportion of funds districts set aside to pay for equitable services agreements is determined based on the number of eligible students living in the attendance zone of the public school district as a percent of total Title I eligible students. DeVos and her ED colleagues, however, have interpreted the CARES Act in such a way as to divorce it from the ESEA’s standard eligibility criteria for equitable services. The interpretation effectively requires public school districts to offer equitable services to all non-profit private school students living in the district. This includes private schools that have never participated in an equitable services agreement in the past. To illustrate the change, the ED guidance includes a simple proportional example in which 10% of the children in a school district’s attendance zone are enrolled in private schools, which would be eligible now to receive 10% of that school district’s ESSER and GEER funds.

The secretary’s privatization efforts are no surprise to the education community, which has witnessed numerous privatization and anti-public school proposals being pushed from the start of DeVos’s tenure, from partnering with Sen. Ted Cruz to promote his federal voucher legislation to her most recent call for microgrant vouchers using federal emergency funds. Unable to garner congressional approval for the Trump administration’s voucher ideas, DeVos appears to be circumventing the legislative process by exploiting perceived ambiguities in emergency legislation that was intended to help public schools address the coronavirus crisis.

An electronic board in the Texas House chamber showed legislators’ votes for a budget amendment prohibiting vouchers in 2017.

The decision on how to use federal emergency funds meant for public schools is now mostly up to governors, state education agencies, and local school districts. As we have been reporting here on Teach the Vote, ED’s parameters for implementation of the CARES Act give governors significant discretion over how their state will spend the stimulus money. There are fears that Gov. Greg Abbott will allow the state’s set-aside of federal emergency funds to be used for private school voucher or virtual voucher programs here in Texas. Such an executive action would fly in the face of numerous polls that have shown little appetite among Texas voters for private school vouchers, not to mention repeated decisions by Texas legislators to reject voucher bills.

We expect to hear soon, perhaps this week, more detail on how state officials intend to use Texas’s CARES Act funds. The Texas Tribune reported in an article published today that Texas will adhere to DeVos’s plan for making at least a portion of the stimulus money available for all private school students, according to the Texas Education Agency. Unlike the other states that have rejected DeVos’s guidance, it appears that Texas state officials are poised to direct school districts to adhere to the ED recommendation, or possibly even take state-level action to funnel CARES Act funds to private schools prior to sending the remaining money to public school districts.

Stay tuned to our blog and @TeachtheVote on Twitter for the latest as developments occur.


UPDATE as of May 21, 2020: The Texas Education Agency published new guidance on CARES Act funding for school districts on May 21, 2020. Confirming the state’s decision to abide by the direction from Secretary of Education Betsy DeVos to expand eligibility for equitable services, the agency explains in its FAQ document that school districts must use their stimulus funding to offer equitable services to all private nonprofit schools within the attendance zone. TEA adds that the district must provide the services, as chosen by the private school, to any of the private schools who opt to participate. Under this guidance, school districts would not be forced to send the stimulus money directly to the private school for its own discretionary use, but the districts would have to pay for services requested by the private school