Author Archives: Monty Exter

TRS bills move forward in both chambers

ATPE State President Byron Hildebrand testified in the House Pensions Committee, March 26, 2019.

The 86th Legislature has been considering bills to increase contributions to the Teacher Retirement System (TRS), which ATPE supports. Preserving the solvency and defined-benefit structure of the Teacher Retirement System (TRS) pension program for educators is an ATPE legislative priority this session.

On the Senate side, one high-profile measure on the move pertaining to this priority is Senate Bill (SB) 12 by Sen. Joan Huffman (R – Houston). After the bill received approval last week from the Senate Committee on State Affairs, which Sen. Huffman chairs, the full Senate passed SB 12 unanimously out of the upper chamber on Monday, March 25, sending it on its way to the House.

Meanwhile, a House committee today heard its own version of how to increase financial support for TRS, as well as for the state’s current retired educators. House Bill (HB) 9 by Greg Bonnen (R – Friendswood) was heard this morning by the House Committee on Pensions, Investments & Financial Services. The bill was left pending in committee today but is expected to receive a favorable committee vote in the near future.

Byron Hildebrand

ATPE State President Byron Hildebrand delivered our association’s testimony strongly supporting HB 9 in committee today. Hildebrand, who is also a retired educator, thanked legislators for taking a positive step forward with legislation aimed at making the TRS pension found sound, and he encouraged lawmakers to continue to take steps to do great things for active and retired teachers. Click here to watch today’s committee hearing, where HB 9 was the first bill considered. (Hildebrand’s testimony begins at approximately the 43-minute mark in the archived broadcast.)

While SB 12 and HB 9 both increase contributions to TRS and provide a 13th check to current retirees, the bills differ on the amount of the increased contribution, who would pay for it, and the size of the 13th payment. At 2.5%, the overall increase in TRS contributions under SB 12 would be a half percent more than the 2% increase called for by HB 9. However, HB 9 puts the responsibility for paying for the entire contribution increase on the state by raising the state’s rate from 6.8% up to to 8.8%. SB 12 only raises the state’s contribution rate from 6.8% to 8.25%, while also raising the active member rate from 7.7% to 8.25%, and raising the school district contribution rate from 1.5% up to 2%. HB 9 also begins and finishes raising the contribution rate a year sooner than SB 12 would. In terms of 13th payments, SB 12 offers all retirees a $500 bonus, while HB 9 would provide current retirees a 13th check in the same amount as their regular monthly annuity up to $2,400.

Stay tuned to Teach the Vote for updates on these two ATPE-supported bills as they continue to move through the legislative process.

Teach the Vote’s Week in Review: Feb. 22, 2019

In addition to preparing for the upcoming ATPE at the Capitol events this weekend, your ATPE lobbyists were once again busy covering legislative happenings in and around the Capitol this week. Here’s a look at this week’s developments:


The State Board for Educator Certification (SBEC) held ts first meeting of 2019 today in Austin. The board took action on several items, including a new superintendent certificate program to be offered by the Harris County Department of Education and approval of new standards for the English as a Second Language (ESL) supplemental certificate. The board also heard lengthy testimony on the upcoming EdTPA performance-based assessment pilot included within the Teacher Certification Redesign plan, which led to a discussion of concerns among the majority of the board. ATPE Lobbyist Andrea Chevalier attended today’s meeting and will be posting a full wrap-up of the discussions for our blog in the coming days.

 


The Teacher Retirement System (TRS) Board of Trustees also met this week. For highlights of the board’s discussions, check out this blog post from ATPE Senior Lobbyist Monty Exter, who attended the meetings on Thursday and Friday, Feb. 21-22.

 


The House Public Education Committee began hearing bills this week. Members considered bills on public education topics including pre-K class sizes, educator preparation, assessment, and special education. ATPE Lobbyist Andrea Chevalier testified for the first time before the committee in support of a bill that would improve and pay for mentoring programs. ATPE supported seven out of the 11 bills on the agenda. For more on the hearing, read this blog post by Chevalier.

 


On Wednesday, Feb. 20, the House Appropriations Committee’s Article III subcommittee met to continue its review of the state education budget. The subcommittee heard from te leaders of the Texas Education Agency (TEA) and Teacher Retirement System (TRS) before inviting stakeholders to weigh in on the topic of education funding. ATPE Senior Lobbyist Monty Exter testified about the need to prioritize funding for public education this session as well shoring up the TRS pension fund. Stay tuned to Teach the Vote for updates as budget talks continue this session.

 


On Sunday and Monday, hundreds of educators will arrive in Austin for ATPE at the Capitol, our biennial legislative advocacy and political involvement training event. ATPE members will spend Sunday attending training sessions on the association’s legislative priorities and hearing from elected officials about efforts to reform the state’s school finance system, among other education issues. On Monday, ATPE members will visit with their legislators and watch the House and Senate in action.

Tonja Gray

Also happening on Monday, the Senate Finance Committee will hold a public hearing on Senate Bill (SB) 3, which aims to increase funding for public schools and give teachers a $5,000 raise. ATPE State Vice President Tonja Gray will be giving invited testimony at the hearing. Follow @TeachtheVote on Twitter for updates on Monday’s hearing and watch for a full recap of the event next week here on our Teach the Vote blog.

 


TRS board meeting in Austin this week

The Teacher Retirement System (TRS) board was in Austin for their regularly scheduled board meeting on Thursday and Friday of this week. The board kicked off its hearing with a resolution celebrating the life and service of Mike Lehr, former executive director of the Texas Retired Teachers Association with more than 50 years working as a public school educator or on behalf of active or retired public school educators.

Also of note, TRS executive director Brian Guthrie updated the board on interactions TRS has had with legislators as a part of the ongoing legislative session. TRS recently presented on its general outlook and budgetary requests before both House and Senate budget committees as well as the House Pensions Committee. The agency will still have one more general presentation to the Senate State Affairs Committee, and then the agency role will shift to assisting lawmakers more behind the scenes.

The remainder of the first day’s morning session covered topics such as internal staffing policy, customer service, and how the agency communicates with TRS members. Thursday afternoon the board underwent ethics training and had an in-depth discussion of healthcare and healthcare design related to the TRS-Care and TRS-ActiveCare insurance programs.

The board’s Friday agenda focused on the TRS investment program, including the agency’s emerging manger program, a view of national and global financial trends, and TRS’s own strategic asset allocation.

Those who are interested can watch an archive of the board’s Thursday meeting and Friday meeting.

 

Senate Finance Committee takes up public education funding in Article III of the budget

On Monday, Feb. 11, the Senate Finance committee heard testimony from the state agencies affected by Article III, the education portion of the state budget. Excluding those representing higher education, the committee heard from representatives of the Texas Education Agency (TEA) and Teacher Retirement System (TRS).

Chairwoman Jane Nelson (R-Flower Mound) opened the hearing with the Legislative Budget Board (LBB) layout of the TEA budget for fiscal years 2020 and 2021.

Sen. Nelson’s budget bill, Senate Bill (SB) 1, proposes approximately $6 billion in the TEA portion over current formula funding, including $3.7 billion for an educator pay raise and $2.3 billion for property tax relief.

Several members of the committee voiced displeasure with what they view as a mischaracterization by many in the public that the state’s share of education funding has fallen to 38 percent. The members noted that this figure only represents the state’s share of Foundation School Program (FSP) funding and that there are other state dollars being spent on public education outside of the FSP. To be fair, it is true that the 38 percent figure specifically refers to the state’s share of FSP funding and that the state also pays into other sources of school district funding, such as for facilities and TRS. However, the local share of facilities funding, for example, is much greater than the percentage that local districts pay toward FSP funding. Also, educators and school districts pay a significant percent of the money going to TRS for pension contributions and health insurance costs.

Senators also pointed out that they don’t control local property tax rates or rising property values, which under current law have pushed state general revenue funds out of public education. Both of these facts are true, but again, lawmakers have failed to modify existing formulas to drive increased state spending above what current law requires. This effectively starves public schools, leaving locally elected school boards little option but to maintain or raise their local property tax rates.

Following testimony of the LBB, Commissioner of Education Mike Morath walked the committee through the TEA presentation. The commissioner highlighted agency funding requests to deal with school safety and the agency’s special education corrective plan. The latter was necessitated by recent enforcement actions by the U.S. Department of Education and a ruling out of the U.S. Fifth Circuit Court of Appeals, both highlighting our state’s failure to properly address the needs of its special education population.

The commissioner’s testimony included a lengthy back and forth discussion with committee members on Monday. Chairwoman Nelson engaged Commissioner Morath on the topic of third-grade reading, an emphasis in the final recommendations of the Texas Commission on Public School Finance. Responding to questions about STAAR and third-grade retention, Morath pointed out that grade retention, which is no longer a mandatory result of failure to pass STAAR in the younger grades, is neither an efficient expenditure of money nor a particularly effective remediation tool.

When asked about the dual management of the Permanent School Fund, which has recently resulted in a feud between the Texas Land Commissioner and the State Board of Education (SBOE), the commissioner indicated that the current set-up probably costs the fund around $200 million a year in lost investment opportunities. Finally, in an exchange with senators about boosting performance among the state’s low socioeconomic student population, the commissioner touted the benefits of funding pre-kindergarten and Dallas ISD’s ACE model.

Next in the committee, TRS Executive Director Brian Guthrie laid out his agency’s presentation on the budget. He covered the TRS board’s action in lowering the pension fund’s assumed rate of return and the need for increased contributions to bring the fund back into near-term actuarial soundness. He also covered state cost issues related to TRS-Care and the educator affordability issues related to TRS-ActiveCare. Guthrie reiterated his agency’s request for additional staff, some of whom would be used to increase TRS customer service, while other positions would be used to bring additional investment management tasks in-house, for a projected savings of $1.4 billion over a five-year period.

Sen. Joan Huffman (R-Houston), who in addition to serving on the Finance Committee chairs the Senate State Affairs Committee, had a lengthy discussion with Mr. Guthrie. She covered last session’s TRS-Care bill, which she authored in the Senate, as well as the need for additional funding in the current budget and the need for continued reform to prevent the state from being right back in the situation it was in last session with runaway costs. Huffman then turned her attention to the pension system and discussed her plan to pass legislation that would increase contributions to the fund over a number of years. Her plan would reduce the funding period of the pension from 87 years down to 24 years and bring the plan back into a condition of actuarial soundness by 2020. Currently, the plan will not reach actuarial soundness or be able to offer retirees a cost-of-living adjustment for approximately 57 years.

After the committee concluded hearing testimony from the invited agencies, public testimony was entertained, including from ATPE Senior Lobbyist Monty Exter. Exter’s testimony focused on funding teacher compensation, the TRS pension system, and educator healthcare. He concluded by encouraging the committee to focus on equity when addressing new discretionary spending and deciding how best to go about reducing recapture and property taxes. Exter’s full testimony can be seen here (at the 2:40 mark in the broadcast).

House Public Education Committee kicks off its session work

House Committee on Public Education, 86th Texas Legislature

This week, the Texas House Public Education Committee met for the first time this session. State representatives serving on the committee this session are as follows:

Chairman Huberty, who is returning for his third session as chair of the committee, opened the first hearing by welcoming new and returning members and emphasizing the non-/bi-partisan nature of the committee’s work. He shared a story about the glass apple he keeps in front of him on the dais during each hearing. The apple was given to him by a supporter, friend, recently retired teacher, and long-time ATPE member, Gayle Sampley.

After the chairman’s opening remarks, the committee heard a series of presentations from various high-level staff at the Texas Education Agency (TEA) meant to update the committee on a range of education issues. Links to the individual presentations can be found below:

It is worth noting that during Franklin’s presentation on educator certification, the chair questioned whether the State Board of Education (SBOE) should continue to have oversight and veto authority over rulemaking by the State Board for Educator Certification (SBEC). Under state law, the elected SBOE has the ability to review and reject rules that have been adopted by SBEC board, whose members are appointed by the governor. The SBOE cannot change SBEC rules, however, and any veto of an SBEC rule, which is extremely rare, essentially requires the certification board to start its rulemaking process over to correct perceived flaws in the rule. ATPE has supported and often relied on SBOE’s oversight of SBEC rules to help prevent the enactment of policies that would be detrimental to teachers or overall teacher quality,.

During the hearing, Chairman Huberty also laid out the committee’s schedule for the next two weeks. First, the committee will meet twice next week on Feb. 5 and 6 to hear from selected members of the Texas Commission on Public School Finance regarding the current condition of Texas’s school finance system and the commission’s recommendations for changes to tit. During the following week, on Feb. 11 and 12, the committee plans to hear invited testimony from a broad range of experts and stakeholders who have comments and concerns with the commission’s plan, or who may want to offer solutions of their own for the committee to consider as it begins its work moving forward a bill to overhaul the state’s school finance system.

Election do’s and don’ts and perspectives of the Texas AG candidates

If you’re reading this blog post, you no doubt know that today is the first day of early voting for the midterm elections; and that in just over two weeks the tone will be set for how the next legislature will address public education issues in the upcoming session.

With such an important election upon us, many Texas educators have asked, as public servants/employees, what can you do and what can’t you do with regard to election-related communication and other activities. To answer that question we created this handy document in coordination with our coalition partners at Texas Educators Vote.

Some of you may also be aware that in the lead-up to this election, Attorney General Ken Paxton put out a somewhat unusual document on how he would like to see Texas educators engage (or NOT engage) during this election. While the language in the document may not be clear, the AG’s intent certainly seems to be minimizing the pro-public education voter turnout. Please note that AG opinions, which this document does not even purport to be, are non-binding and do not have the force of law.

Justin Nelson, Paxton’s opponent in the Attorney General’s race, has issued the following statement in response to the document put out by Paxton.

We urge all educators to exercise their right to vote in this and every election.

Congressman Kevin Brady files WEP replacement bill

U.S. Representative Kevin Brady (R-TX) who chairs the U.S. House Ways and Means Committee, along with Ranking Member Richard Neal (D-MA), has introduced H.R. 6933 to amend Title II of the Social Security Act. The bill would replace the windfall elimination provision (WEP) with a formula equalizing benefits for certain individuals with non-covered employment.

Chairman Kevin Brady (R-TX)

ATPE has worked closely with Chairman Brady to bring forward a bill that addresses the inequities in the current law, which stem from the arbitrary formula known as the windfall elimination provision. The goal for both ATPE and Chairman Brady is to put in place a formula that can both pass Congress and get more money on average into the pockets of retirees by treating them more fairly than they are treated under current law.

Stay tuned to TTV for a deeper dive on the bill as well as updates as it moves through the legislative process.

No action is good action: TRS committee takes no action on TRS-Care premiums

The Teacher Retirement System (TRS) Board of Trustees is meeting today and tomorrow. This morning, TRS Chief Healthcare Officer Katrina Daniel updated the board’s Benefits Committee on the most recent fund balance shortfall for TRS-Care. Today’s update noted that as a result of several positive factors, that shortfall has fallen to approximately $240 million for fiscal year  2021, the second year of the upcoming biennium.

TRS-Care had already moved in a substantially positive direction by the time the agency laid out its legislative appropriations request (LAR) last week. The LAR had incorporated the shortfall, which was estimated to be $410 million as of June 30, 2018.

Since June, TRS has made significant progress in contract negotiations with Humana, the current third-party administrator of TRS-Care Medicare Advantage. The new contract will result in considerable additional savings to TRS-Care that brings the shortfall down to the approximately $240 million mark discussed today.

Based on the June 30 numbers, which have only improved, both House and Senate leaders have requested that the TRS board not raise premiums for retirees, but instead rely on their assurances that the legislature will fully fund the shortfall during the upcoming legislative session. Based on those assurances, TRS Executive Director Brian Guthrie recommended that the board take no action on increasing rates for TRS-Care.

in addition to leaving premiums the same for the upcoming year, the benefits side of TRS-Care will also remain the same for the upcoming plan year.

The TRS board documents related to this discussion can be found here, or you can watch an archived video of the discussion. The healthcare discussion starts at the beginning of the video.

School finance commission subcommittee approves expenditures plan

The Expenditures Subcommittee of the Texas Commission on Public School Finance met this week to lay out and vote on their recommendations back to the full commission. Based on both the recommendation and what the committee members had to say, it became clear that their primary goal is to drive dollars into increasing the basic allotment. They also have secondary goals of shifting funds out of programs not tied to educational programming and into programs designed to increase educational attainment for harder-to-teach students, particularly economically disadvantaged populations and English language learners.

The committee has not publicly released its report yet, but a summary breakdown of the recommendations can be found below. A video archive of the full subcommittee meeting, which lasted a little under an hour, is also available.

Group 1 – Reallocations of existing programs. This group represents approximately $5.3 billion to be spent on increasing existing initiatives and creating new initiatives.

  • Reallocate the Cost of Education Index (CEI) – $2.9 billion
  • Reallocate the 92-93 Hold Harmless – $30 million. This program only impacts 12 -20 school districts.
  • Reallocate the Ch. 41 Early Agreement Credit – $50 million. Eliminates a program that currently pays property wealthy districts to sign an annual contract by Sept. 1 agreeing to pay the state what they owe in recapture. The discount did not require districts to prepay or early pay.
  • Reallocate the Gifted and Talented (GT) allotment – $165 million. This recommendation eliminates the stand-alone allotment but does not eliminate other requirements to provide GT education from the Texas Education Code (TEC). Currently 99.9% of districts are at the 5% GT cap, meaning the same dollars can be more efficiently flowed out to schools through the basic allotment.
  • Reallocate the High School Allotment – $400 million.
  • Move from prior year to current year property values – $1.8 billion.

Group 2 – Increased spending on existing programs

  • Increase state compensatory education allotment from 0.2 to a spectrum that ranges from 0.225 and 0.275 as part of a tiered system that pays out higher amounts to campuses with more severely challenging populations. Currently, the recommendation is still based on free and reduced lunch but could use a more sensitive metric.
  • Change the transportation allotment to a millage-based approach at 0.83 cents per mile, to be set by appropriations.
  • Allow Ch. 41 districts to get compensated by the transportation allotment at a $60 million cost.
  • Fund the stand-alone small-size and mid-size district adjustment between $0 and $400 million outside the basic allotment, depending on where the basic allotment is set.
  • Increase the New Instructional Facilities Allotment (NIFA) to $100 million. This represents a $76 million increase over last session.
  • Expand Career and Technical Education (CTE) funding to include sixth through eighth grades – $20 million.

Group 3 – New programs

  • Create a dual language allotment of 0.15 at a cost of between $15 and $50 million. This new allotment would be in lieu of (not in addition to) the bilingual allotment; you can either get the bilingual allotment or the dual language allotment, but not both.
  • Create a dyslexia allotment of 0.1 – $100 million.
  • Create a Kindergarten through third grade ELL/economically disadvantaged allotment of 0.1 – $786 million. This money is not tied to outcomes and can be used to fund any program that seeks to improve reading and math on grade level by grade three, including paying for full day Pre-Kindergarten programs.
  • Create a grade three reading bonus of 0.4 – $400 million. This provides incentive money for students meeting grade level in reading on the 3rd grade standardized test.
  • Create a College, Career, and Military Readiness Bonus – no specific weight – $400 million. This is envisioned as a reallocation of the High School Allotment and is aimed to drive the state’s “60/30” goals.
  • Create a teacher compensation program – $100 million. This is the governor’s performance pay program. It is formula-based, not grant-based, and is not subject to appropriation. There will likely be no fiscal note for the program until year three, and it is envisioned to grow over time.
  • Fund an extended year summer pilot program – $50 million. This program is intended to reduce summer learning losses for disadvantaged students.

Additional changes recommended:

  • Change the guaranteed yield on the copper pennies from a set dollar amount to a percentage of the Basic Allotment. When the yield was set, the dollar amount used represented approximately 88% of the basic allotment. Now it is much less. Increasing the guaranteed yield increases state entitlement, which helps property poor districts and recapture districts.
  • Decouple the golden pennies from Austin ISD.

Stay tuned to Teach the Vote for reporting on future actions of the commission.

TEA and TRS both lay out their budget requests to LBB

During a full day of marathon hearings on Wednesday, Texas Education Commissioner Mike Morath and Teacher Retirement System (TRS) Executive Director Brian Guthrie both laid out their agencies’ Legislative Appropriations Requests (LARs). The presentations were made to a panel of staffers representing the Governor’s and Lt Governor’s offices, as well as House and Senate budget writers.

ATPE previously issued a statement about the state’s continued shift in reliance on local property taxes, and away from non-property tax revenue, to fund public education represented in TEA’s LAR. The agency’s LAR predicts a reduction of $3 billion in state aid, or $1.5 billion per year, over the next biennium.

There is an available video archive of Morath’s presentation in addition to TEA’s full LAR document, which lays out much of the commissioner’s agenda for the next two years.

Guthrie laid out his agency’s substantial appropriations request later in the day, which included increased contributions of $1.6 billion for the biennium to cover the decrease in projected investment revenue attributable to TRS’s lowering the assumed rate of return on pension fund investments. The TRS budget request also includes approximately $400 million in additional funding to cover the projected shortfall for TRS-Care, the retired educators’ health insurance program. While funding for the active educator health insurance program flows through TEA, not TRS, Guthrie did bring up the fact that the cost of active educator healthcare was also of concern and would be appropriate to address in the upcoming legislative session. While the funding does not flow through the agency, TRS does administer TRS-ActiveCare, which many districts use to provide insurance to their employees.

A video archive of Guthrie’s presentation is available to watch, in addition to the documents that TRS provided to the Legislative Budget Board for this week’s hearing.