Category Archives: 85th Legislature

Lt. Gov. Patrick issues Senate interim charges

Lieutenant Governor Dan Patrick released another round of interim charges today. Today’s list, a list of issues he expects Senate committees to study and make recommendations on ahead of the 86th Legislature beginning in 2019, includes charges directed at the Senate Education Committee and a few other committees relevant to public education.

Patrick’s education charges predictably include a nod to vouchers, an issue he has long supported, and one on teacher compensation, which received a lot of special session buzz but ultimately went nowhere. Perhaps somewhat more surprising, the Senate State Affairs Committee was not assigned the task of studying the use of payroll deduction for paying professional association dues. Patrick and Senator Joan Huffman (R-Houston), who chairs the committee, have made prohibiting the practice for educators while protecting it as an option for other public employees a top priority. The committee was, however, assigned the task of studying public pension systems in Texas. The charge reads:

  • Pensions: Examine and assess public pension systems in Texas. Specifically, review and assess (1) the different types of retirement plans; (2) the actuarial assumptions used by retirement systems to value their liabilities and the consequences of amending those assumptions; (3) retirement systems’ investment practices and performance; and (4) the adequacy of financial disclosures including asset returns and fees. Make recommendations to ensure public pension system retirees’ benefits are preserved and protected.

The full list of interim charges assigned to the Senate Education Committee are as follows (this list does not include Senate interim charges related to Hurricane Harvey):

  • Teacher Compensation: Study current local, state, and/or national compensation strategies for classroom teachers and make recommendations to elevate the teaching profession as well as comprehensive policies to attract, retain, and reward teachers.
  • Mandate Relief/Innovation: Review, modify, or abolish chapters of the education code. Specifically, study cost-drivers, unnecessary mandates, reduction/elimination of inefficiencies, focus on policies or opportunities targeted to improving student outcomes, and better utilization of taxpayer resources.
  • Classroom Conduct and Teacher Support: Examine current student discipline mandates in code, study best practice models to reduce classroom discipline issues, and provide direct support for students and classroom teachers.
  • Expand High Quality Education Opportunities: Examine highquality campus/programs in Texas and other states and make recommendations on incentives to expand high-performing campuses and programs. Review should include but not be limited to: program and course variety, unique public school models, transfer or open-enrollment policies within a district, collaboration between districts or public charters, online learning, and whether children with special educational needs, children of military families, and student populations in chronically high poverty areas should have additional options to meet their unique educational needs.
  • Virtual Education in the 21st Century Classroom: Review the Texas Virtual School Network (TVSN) and recommend methods of updating and improving the system to boost online virtual education.
  • Dual Credit: Review dual credit opportunities throughout the state, examining the impact of HB 505 (84th Legislature) on students in particular. Look at the outcomes of statewide studies completed in Texas regarding dual credit, and examine the current rigor of dual credit courses, as well as how to improve advising for students in dual credit. (JOINT CHARGE with HIGHER EDUCATION)
  • Monitoring: Monitor the implementation of legislation addressed by the Senate Committee on Education passed by the 85th Legislature, relevant agencies, and programs under the committee’s jurisdiction. Make recommendations for any legislation needed to improve, enhance, or complete implementation including:
    • State matching of the federal E-rate program (SB 1),
    • Improper relationships between educators and students and reporting of educator misconduct (SB 7), Establishment of a Pathways in Technology Early College High School (P-TECH) and workforce pathways (SB 22),
    • A prohibition of a monitoring system performance indicator based solely on the number or percentage of students receiving special education service (SB 160),
    • A school district contracting to partner with an open-enrollment charter school to operate a district campus (SB 1882).

The Senate interim charges released to date can be found here, here, and here (Hurricane Harvey specific).

Special session update: House rejects amendment targeting payroll deduction; finance negotiations continue

Tomorrow is the last day of the special session that has featured a number of education-related debates. As ATPE’s lobbyists have been reporting here on Teach the Vote and Twitter, the special session agenda directed by Gov. Greg Abbott contained 20 topics, including some directly related to education, such as teacher pay and private school vouchers. ATPE joined with others in the education community to urge lawmakers to use this 30-day special session to address meaningful public education issues, such as advancing school finance improvements and helping educators facing dramatic increases in their healthcare costs.

  • For its part, the Texas House of Representatives has proposed major school finance reforms similar to those developed with stakeholder input during the regular session, and House leaders have recommended making a conservative withdrawal from the state’s robust rainy day fund (Economic Stabilization Fund) to cover short-term needs, including shoring up the TRS-Care health insurance program for retired educators for the upcoming biennium.
  • The Texas Senate has favored smaller one-time investments into the public education system paid for by deferring state payments to Medicaid/CHIP managed care organizations. These proposed deferrals would only increase the already $1.2 billion the next legislature will have to pay back to make Medicaid/CHIP whole during the 2019 legislative session. In addition to under funding Medicaid/CHIP, the Senate proposal fails to make any long-term changes to our state’s school finance system, preferring instead that a commission be appointed to study scraping the current system for two more years. Senators also proposed one-time bonuses for experienced teachers. The Senate, at the direction of Lt. Gov. Dan Patrick, initially coupled the one-time bonuses with proposed pay raises that would have been funded by school districts through their existing budgets, which the education community strongly rejected.
  • Some of the high-profile issues on the governor’s special session agenda, such as passing state regulations for the use of bathrooms by transgender individuals and enacting a private school voucher program for students with special needs, were quickly advanced by the Senate but gained no traction in the more moderate House. With the final hours ticking down now in this special session, bills remaining in negotiations are primarily those dealing with property tax reform at the local level and a handful of education funding measures, such as helping school districts facing the loss of ASATR (Additional State Aid for Tax Reduction) monies and decreasing, in part, increased healthcare costs of retired educators, due to legislation passed during the regular session.
  • Late today, Texas Comptroller Glenn Hegar released a revised state revenue estimate that shows legislators have more money to spend this special session than originally predicted. The announcement means there is an extra $237 million in general revenue available to be spent, which is a substantial jump from the $41.5 million in the original estimate last month. The “discovery” of the additional money could alleviate conflicts over whether to dip into the state’s rainy day fund or defer Medicaid MCO payments in order to fund remaining special session priorities, including those that are education-related.

Here is an update on recent votes and where the remaining bills stand:

Senate Bill 16: School Finance Commission

Yesterday, Aug. 14, the Texas House of Representatives debated Senate Bill 16, a bill intended to create a commission to study school finance. The bill by Sen. Larry Taylor is a renewed version of a similar measure considered during the regular session. The Senate unanimously approved SB 16 on July 24. The House voted 142-2 to advance its version of the measure yesterday, but not without a lengthy debate and controversy over amendments.

During yesterday’s House floor debate on SB 16, Rep. Bill Zedler offered a floor amendment to require the state to study “the effects” of letting educators voluntarily deduct their association dues from their own paychecks. The paycheck deduction issue, referred to by Gov. Abbott as the “collection of union dues,” has been on the governor’s special session wish list and a topic of much debate. Bills to eliminate educators’ right to use payroll deduction for their voluntary association dues were considered but not approved during both the regular and special sessions, as we have been reporting. Rep. Zedler’s floor amendment was viewed as a last gasp for air to keep the issue at the forefront of legislative discussions for two more years. During the floor debate, Rep. Zedler unabashedly articulated his political motivation for the amendment, complaining that educator associations like ATPE are helping teachers engage in the political process. The Zedler amendment failed by a vote of 49 to 78 after a bipartisan majority of representatives stood up for teachers’ rights, exposed the discriminatory intent of the amendment, and highlighted the fact that payroll deduction has already been studied and has been shown to result in no cost to the state or taxpayers.

ATPE has encouraged its members to thank those representatives who voted against the Zedler amendment on payroll deduction, as well as those who spoke eloquently on behalf of the education community during the debate, such as House Public Education Committee Chairman Dan Huberty (R) who highlighted the benefits that ATPE provides its dues-paying members and House State Affairs Committee Chairman Byron Cook (R) who called the amendment another form of “teacher discrimination.” Click here to view the breakdown of votes for and against the Zedler amendment, including statements added to the official House journal reflecting votes that were changed or correctedTo watch archived footage of the debate on the Zedler amendment to SB 16, click here and scroll to approximately the 1:43:22 mark during the video playback; debate resumes at the 2:01:00 mark after other amendments were considered.

In the event that SB 16 does not pass, similar language calling for creation of a school finance commission has been added to other bills that remain pending at this late stage.

House Bill 21 and House Bill 30: School Finance

This pair of bills offers another example of where the House and Senate diverge on school finance. The House-approved HB 21 by Rep. Dan Huberty contemplated an increase of $1.8 billion for public schools, but the Senate has balked at its price tag and method of finance (including use of the rainy day fund). HB 30 is a related bill that provides the source of the appropriation of the funds. Late last night and early this morning, the Senate approved its own version of HB 21, paring the funding down from $1.8 billion to $351 million (plus an additional $212 million for TRS-Care) and relying on the MCO payment deferral as its source. Both versions would provide some relief to districts facing an ASATR funding cliff this year, extra money for TRS-Care, and funds to help students with autism and dyslexia. The Senate’s version is more focused on one-time funding grants, while the House version calls for longer-term changes to the school finance formulas and increasing the basic allotment. Negotiations between House and Senate leaders, as well as the governor’s office, have been taking place around the clock.

Senate Bill 19: TRS-Care and/or Teacher Pay

This bill filed by Sen. Jane Nelson was originally intended to legislate teacher pay raises, but the Senate under the leadership of Lt. Gov. Dan Patrick was reluctant to provide any state funding for the raises. Instead, the Senate modified the bill to provide a mechanism for one-time bonuses to veteran teachers using MCO payment deferrals, as well as extra money for TRS-Care. The Senate passed this bill on July 25, sending it to the House for consideration. The House Appropriations Committee stripped out the teacher bonus language and approved a version of the bill mirroring the language in HB 20, devoted entirely to helping retired educators with their rising healthcare costs using dollars from the ESF or Rainy Day Fund. The full House is slated to debate SB 19 today, and it’s unclear whether there will be sufficient time for the House and Senate to negotiate a deal before the session ends tomorrow.

Senate Bill 1: Property Taxes

Another bill passed in different versions by the House and Senate would address the ability of local governments to raise taxes. The bill remains stuck in a conference committee this afternoon, where one of the main issues in contention is the rollback rate for elections. Gov. Abbott has called passing property tax legislation his top priority for this special session.

 

Stay tuned to Teach the Vote and be sure to follow @TeachtheVote and our individual ATPE lobbyists on Twitter for the latest updates during the last hours of the special session.

House Public Education Committee winds down in busy special session

The House Public Education Committee met Tuesday and Wednesday of this week. Over the two days, they considered a dozen bills and voted three out of committee. Many of the bills considered were outside the scope of the Governor’s call outlining the subjects to be considered during the special session. But as Chairman Dan Huberty relayed to one testifier, the committee had heard bills addressing everything on the call that was assigned to the House Public Education Committee, and any additional bills they heard were those filed that addressed real issues public schools in our state are facing. Huberty expressed that his committee was a serious one and would take any opportunity given to them to further the important policy discussions facing Texas students and schools.

In addition to other issues, the committee discussed bills dealing with aspects of school finance, including the Additional State Aid for Tax Reduction (ASATR) being phased out soon, and teacher merit pay programs. ATPE Lobbyist Monty Exter testified on one such merit pay plan, House Bill (HB) 354 by Rep. Jason Villalba. Exter commented that, while underfunded, the underlying formula the bill proposed to fund districts whose teachers agreed to participate in a local merit pay plan was a potentially promising way to fund a future merit pay system should stakeholders be able to agree on the parameters of the merit pay proposal itself.

The committee voted out three bills Wednesday morning. Committee members moved HB 198 by Rep. Travis Clardy after Chairman Huberty offered a complete committee substitute for the bill that as originally filed has the backing of the governor’s office. The committee’s new substitute version took the bill from being a TEA commissioner-developed merit pay plan to a commission that will study teacher compensation. The commission would include six legislators, six stakeholders; including two classroom teachers, and the commissioner of education or his designee. The Committee also moved HB 378, a final attempt by Representative Ken King to negotiate a deal that extends ASATR funding to districts that will be hit hardest by the scheduled conclusion of this 2006 “hold harmless” provision. Finally, the committee moved SB 16 by Sen. Larry Taylor, which calls for a commission to study school finance. Before moving Chairman Taylor’s bill, the committee substituted it with the language from HB 191 by Rep. Phil King, which also calls for a Commission on School finance but proposes a slightly different composition of committee members.

These hearings likely mark the last regular hearings for the House Public Education Committee during the current special session.

Dan Patrick’s Texas Senate plows ahead

Lt. Gov. Dan Patrick outlines special session proposals.

Lt. Gov. Dan Patrick outlines special session proposals.

In a matter of days, the Texas Senate, under the direction of Lt. Gov. Dan Patrick, plowed through Governor Greg Abbott’s special session priorities on education. The blitz began late last week and continued through the wee hours of this morning, when several more contentious education items were granted final approval. The pieces of legislation now head to the Texas House, where the lower chamber began work with a significantly different focus: on a meaningful approach to fixing the state’s broken school finance system and state-funded, sustainable options for increasing teacher pay and the state’s contributions to retirees.

The Senate worked until 2am this morning, passing a voucher proposal that was paired with needed funding for certain school districts and facilities funding for charter schools; a prohibition on educators’ ability to utilize payroll deduction to pay professional association dues; a teacher pay bonus bill that includes one-time supplemental funding for TRS-Care; a “bathroom bill” that would dictate related local school policies; and not a fix, but another commission to study school finance. Here’s more:

SB 19: teacher bonus & TRS-Care

After spending a significant amount of time yesterday debating Lt. Gov. Patrick’s priority legislation regarding the use of bathrooms in public schools, among other public spaces, the chamber moved on to several other pieces of legislation affecting public schools, students and educators. It started with its teacher pay bill, SB 19, authored by Senator Jane Nelson (R-Flower Mound). The bill was originally marketed by its author and the Lt. Gov. as a teacher pay raise, but ATPE, among others, pushed back against that notion when it was heard in committee over the weekend.

ATPE Lobbyist Monty Exter testifies in Senate Education Committee on July 21, 2017

ATPE Lobbyist Monty Exter testifies in the Texas Senate.

ATPE Lobbyist Monty Exter told members of the committee that educators appreciated two portions of the bill, the state-funded bonus for teachers and the needed one-time supplemental funding for TRS-Care, but he expressed opposition to the piece termed a “teacher pay raise,” which wasn’t state-funded and required school districts to “re-prioritize” funding. ATPE State Secretary and Abilene educator Tonja Gray also testified on the bill in committee, telling members: “I don’t want a pay raise on the backs of my students.” She explained that in an environment where Texas schools are already underfunded, an unfunded mandate to provide teacher pay raises would result in cuts to valuable programs or educators.

When the bill hit the full Senate floor for debate, the empty pay raise portion was removed and the bill was passed out of the chamber with overwhelming support. Senator Nelson, as the chairwoman of the Senate Committee on Finance who writes and passes the state’s biennial budget, assured educators that she will prioritize a pay raise next session. ATPE looks forward to working with her to deliver on that promise to educators in 2019 as the 86th Texas Legislature convenes, and we will continue to fight on behalf of educators for a state-funded, sustainable, and meaningful pay raise. The House has its own versions of bills to address teacher pay and retiree benefits that are already on the move.

Related, the Senate also hosted a hearing over the weekend to consider proposals to fund a teacher pay raise in the next legislative session. ATPE submitted written testimony in opposition to the proposals, saying that “ATPE believes the legislature should pivot its focus on teacher pay to developing plans for long-term investments that do not come out of existing money already dedicated to public schools.” Both proposals received initial skepticism and one was in the process of being written as it was heard in committee. Both were left pending in committee and may stay there since the Senate removed the unfunded pay raise from its teacher pay bill.

SB 7: prohibition on payroll deduction for educators

A mere hour after praising educators endlessly as senators worked to approve the teacher pay bill on the floor of the Senate, Lt. Gov. Patrick turned the chamber’s attention to SB7, the bill by Senator Bryan Hughes (R-Mineola) that selectively targets educators in an attempt to silence their collective voice. Unlike the teacher pay bill, which received no attention during the regular session, the bill to eliminate educators’ right to utilize payroll deduction to pay voluntary professional association dues has been a priority of the Lt. Gov. and Texas Senate for years now.

G3 testimony B&CDuring both the committee hearing and as the bill was debated on the floor of the full Senate, the discriminatory, purely political, and completely unnecessary nature of the bill was highlighted once again. ATPE Executive Director Gary Godsey testified to the Senate Committee on Business and Commerce that educators feel “besieged, besmirched and really like they’re second class citizens.” Testifier after testifier pushed back against the proponents’  rhetoric about busting unions and glass claims about eliminating associated costs to government. Educators, police officers, fire fighters, and many other public servant employees showed up to prove that this bill isn’t wanted by anyone, aside from a couple of heavily funded special interest groups that have made it their top priority to silence educators, which they see as too effective at fighting harmful policies like vouchers.

During floor debate, more truths emerged. Senator Hughes shared Governor Abbott’s promise to veto any bill that includes first responders, a status of employment he and others deem superior to educators and other public servants like CPS workers and correctional officers. Amidst questioning on why the bill picks winners and losers, Senator Hughes finally admitted that some people “don’t like the advocacy of labor unions,” acknowledging that the bill is about silencing the advocacy efforts of the public employees targeted under the bill, which amounts primarily to educators. And as all involved continued to push back against the lie that payroll deduction for association dues costs the state, the bill author could only say that he wants to get the government out of the process for the targeted professions only.

Democratic members of the Senate offered amendments to exempt educators under the bill, broaden the definition of first responder to include educators, null the targeted prohibition until associated costs can be identified, delay the legislation’s enacting date to give the targeted labor organizations more time to adjust, and more, but Senator Hughes rejected them all and the bill remained unchanged. The bill passed the Senate with support from all Republicans, except for one, Senator Robert Nichols (R-Jacksonville). He joined the Democratic members of the Senate to stand with educators in opposition. During the regular session, a nearly identical bill was sent to the House where it received no attention during the regular session. The House version of that bill died in committee and the Senate bill never received a hearing once it made it over. Stay tuned to Teach the Vote for updates on the special session version of this legislatio.

SB 2: special education voucher & certain school funding

NO VOUCHERSFirst up in the Senate was SB 2, the voucher bill authored by Senator Larry Taylor (R-Friendswood). Paired with the $10,000 voucher for special education students was continued ASATR funding for certain schools that stress the funding is necessary. The bill also contains $60 million in facilities funding for fast growth school districts, $60 million for facilities funding for charter schools, and a grant program termed the “educational expense assistance program” for public school special education students to access up to $500.

The voucher portion of the bill is, this time, in the form of a “tax credit scholarship.” Certain entities could receive tax credits in return for contributions made to the voucher program. Students with special needs could then access vouchers to pay for private school tuition. ATPE Lobbyist Monty Exter expressed ATPE’s concerns with the voucher portion of the proposal, saying that we should be focused on fixing things for special education students within public schools, rather than offering them money to go elsewhere. Tax credit scholarships, like all vouchers, are guilty of funneling public tax dollars out of the public school system. Offering tax credits to corporations will lower the general revenue Texas earns through taxes, and unless funds are raised elsewhere, cuts will have to be made in order to cover the deficit.

ATPE also encouraged legislators to take up the issues of ASATR and facilities funding independent of the politically charged voucher proposal. The Senate pressed ahead with the combined voucher and funding proposal, instead, and SB 2 passed the chamber 19-12. Two Republicans voted against the proposal, Senator Robert Nichols (R-Jacksonville) and Senator Charles Perry (R-Lubbock), and one Democrat supported the bill, Senator Eddie Lucio, Jr. (R-Brownsville). The bill heads to the House where the chamber took several overwhelming votes to reject vouchers during the regular session.

SB 16: commission to study school finance

The Senate also began with work on school finance, but unlike the House that is working on a bill to fix the system, the Senate bill would create a commission to further study school finance in Texas. SB16 is authored by Senator Larry Taylor, who filed a permanent fix supported by ATPE during the regular session. However, he chose not to advance that bill during the regular session, instead altering the House’s school finance bill by adding his voucher proposal. In the special session, he maintains that more studying of school finance should be done prior to passing a fix to the system. ATPE submitted written testimony that said it is time for legislators to act on school finance. We also encouraged the legislature to include educators on any commission that passes.

When SB 16 was debated on the Senate floor Monday, legislators agreed with our request to add an educator and amended the bill to include an active or retired educator to the commission. The chamber passed the legislation unanimously and sent it to the House where more extensive work to fix school finance is underway.

SB 3: bathrooms

The Senate chamber spent the better part of yesterday debating SB 3 by Senator Lois Kolkhorst (R-Brenham). After hours of testimony in committee and hours of debate on the Senate floor only days later, the Senate advanced the proposal, 21-10, with all Republicans and one Democrat, Senator Eddie Lucio, Jr. (R-Brownsville), voting to advance the legislation. Speaker of the House Joe Straus has sided with business and school districts and made his feelings on the legislation fairly clear, saying he just doesn’t think it is needed legislation. The House offered a bathroom proposal limited to public schools that it was willing to advance during the regular session, but it did not receive the seal of approval from the Senate.

 

17_web_Spotlight_AdvocacyCentral_1It is important that members of the legislature hear from you on these issues deemed priorities by Governor Abbott. ATPE is encouraging all members to visit Advocacy Central to send a message to state legislators about these proposals as they continue to make their way through the process during the special session. Tell them to focus on meaningful pay and benefits for your profession and adequate school funding for your local schools. Let them know that vouchers and targeted prohibitions on payroll deductions for educators are distractions from the real issues faced by Texas public school children. You can also utilize the resource to thank your individual senators who voted with public education and educators!

Special session begins with educators out in force

Rally attendeesThe July special session of the 85th Texas Legislature – formally referred to as the “first called session” in Capitol parlance – kicked off this week on the heels of a large rally in support of public education.

More than 800 educators and allies rallied Monday on the Capitol steps to show lawmakers headed to town for the special session that educators are ready to stand up for children and classrooms. The event was hosted by grassroots group Texans for Public Education and organized with the help of ATPE. Nearly a dozen educator organizations contributed speakers.

Julleen speaking to media at rally

Gov. Greg Abbott has vowed to add a number of anti-public education items to the special session call, including harmful voucher legislation and bills to ban educators from using payroll deduction to support professional organizations. Both could have catastrophic effects on public education, and educators vowed to hold lawmakers accountable for their actions during the 30 days ahead.

The governor’s special education voucher would subsidize unaccountable private schools with public taxpayer dollars. Proposals during the regular session would have covered at most around $9,000 of the $40,000 tuition typical of private special education program providers, which would guarantee only a small number of affluent families would benefit. Furthermore, vouchers would not guarantee children admission into private programs and would force those who were admitted to surrender federal rights and protections guaranteed under the Individuals with Disabilities Education Act (IDEA). State Rep. Ron Simmons (R-Carrolton) is carrying two voucher bills during the special session, House Bill (HB) 52 and HB 58.

Kate and mom at rally

The rally’s turnout highlighted the power of educators’ voices at the Capitol, which some lawmakers hope to diminish by limiting their ability to join a professional organization or association through a ban on payroll deduction of membership dues. Senate Bill (SB) 7 by state Sen. Bryan Hughes (R-Mineola) and HB 156 by state Rep. Jason Isaac (R-Dripping Springs) target educators while exempting police, firefighters, and emergency medical services personnel. The legislation purports to hurt unions, but would actually protect some of the state’s largest unions while singling out educators in non-union professional associations including ATPE. Supporters of these anti-teacher payroll deduction bills (identical to the regular session predecessor that was Senate Bill 13) hope to diminish the ability of educators to influence legislation that improves public schools, helps the state’s 5.4 million public school children, and uplifts the teaching profession.

Both retired and active educators face rising costs for healthcare under the Teacher Retirement System (TRS), and school districts face increasing financial hardships as a result of the Texas Senate’s killing desperately needed school funding proposals during the regular session. Both are a result of lawmakers failing to heed the voices of public education supporters, who are preparing to track the actions of legislators during the special session and hold them accountable at the ballot box.

ATPE Executive Director Gary Godsey summed up the message of Monday’s event to the teachers in attendance: “Vote your profession.”

Godsey speaking at rally

Monday’s rally was attended by a number of pro-education legislators, including state Reps. Trent Ashby (R-Lufkin), Byron Cook (R-Corsicana), Gary VanDeaver (R-New Boston), Travis Clardy (R-Nacogdoches), Donna Howard (D-Austin), Ed Thompson (R-Pearland), Ernest Bailes (R-Coldspring), Celia Israel (D-Austin), Rene Oliveira (D-Brownsville), Drew Darby (R-San Angelo), Dade Phelan (R-Beaumont), Dan Flynn (R-Van) and others. Hundreds of ATPE members and staff attended, including newly-elected state officers and past presidents. With temperatures soaring above 100 degrees, ATPE provided water that was generously donated by Pepsi and Dr. Pepper/Snapple.

Educators with Cook at rally

The Texas House and Senate gaveled in Tuesday morning for the official start of the special session. The 30-day special session was necessitated by the Senate’s failure to pass a “sunset” bill reauthorizing the Texas Medical Board (TMB) during the regular session. Sunset legislation must pass in order for the medical board that licenses doctors to continue to exist, and the TMB legislation is the only item formally before the legislature at this point. The governor has vowed to add another 19 items to the special session call as soon as the sunset legislation clears the Senate.

In the House, Speaker Joe Straus (R-San Antonio) confirmed that the TMB sunset legislation is the only item eligible for action until the governor expands the special session call to include other legislation. The House’s TMB legislation was referred to committee, where it was swiftly approved today.

In the Senate, Lt. Gov. Dan Patrick broke 50 years of legislative precedent by waiving the “tag rule” that allows Senators to require 48 hours’ notice before holding a public hearing on a bill. This rule gives lawmakers who may be voting on the bill time to prepare and gives members of the public wishing to voice their opinions on the bill time to arrange for travel. Instead, Senate Republicans voted with Patrick to suspend the rule and hold a hearing on the bill Tuesday afternoon. The Senate Business and Commerce Committee approved the sunset bill in less than an hour, setting up a full Senate vote today. After approving the legislation on second reading, the Senate adjourned until 12:01 a.m. Thursday, at which point the Senate is expected to approve the legislation on third reading and send it to the House. The lieutenant governor gave no explanation for scheduling the midnight vote.

With sunset legislation moving expediently through the Senate, an expansion of the governor’s special session call to include private school vouchers, eliminating payroll deduction, and other education-related issues could come at any time. Stay tuned to Teach the Vote for updates on any legislative activity that affects public education. ATPE members are also urged to visit Advocacy Central to send messages to their legislators about these issues.

ATPE’s Wrap-Up of the 85th Legislature’s Regular Session

ATPE at the Capitol squreWhile navigating challenges both new and familiar, and with the support of our members, ATPE has continued to fight for the rights of educators, teachers, and parents and to fend off threats to public education in the great state of Texas. This year, many ATPE members took swift and decisive action to protect their rights by calling, writing, and visiting members of the legislature (on more than one occasion) to inform their elected officials of the issues most important to Texas educators.

The 85th Legislature’s regular session was long and arduous, but ATPE persisted in keeping public tax dollars out of private institutions—despite strong pushes from some lawmakers, the lieutenant governor, and outside lobbying groups to do the opposite. The Texas House leadership stood with ATPE, the vast of majority of parents, and the education community to fight vouchers and champion improvements to Texas’s school finance system. Both chambers engaged in meaningful conversations about improving school accountability and reducing the emphasis on standardized testing.

Despite the numerous challenges presented during the 85th regular session of 2017, ATPE rose to the occasion and continued on our mission to provide every child equal opportunity to receive an exemplary education. Below are some highlights from this year’s regular legislative session.

Progress on ATPE’s Legislative Priorities for the 85th Legislature

  1. School Funding
  2. TRS and Healthcare
  3. Saving Payroll Deduction
  4. Stopping Privatization
  5. Promoting Educator Quality
  6. Reducing Standardized Testing
  7. Addressing Regulatory Exemptions
The ATPE Lobby Team

Members of the ATPE Lobby Team

1. School Funding: ATPE lobbied for dramatic improvements to the state’s school finance system and urged lawmakers to provide the resources necessary to allow every child in Texas access to an exemplary public education.

o  The state budget: Senate Bill (SB) 1 by Sen. Jane Nelson (R-Flower Mound)

While the House and Senate each began this session with their own versions of the budget, the bills were worked out in a conference committee and resulted in the following new state budget for the next two years:

·       Lawmakers allocated fewer state dollars to school districts under this budget, requiring local schools instead to rely more heavily on property taxes just to stay open. The decrease in state funding coupled with the elimination of ASATR (Additional State Aid for Tax Reduction) is a one-two punch for districts that are already cash strapped, especially those in rural areas, and some have already stated they will either close or consolidate under this budget. This continues a trend of legislators shifting the burden of paying for public education from the state to the local level, which results in increased upward pressure on local property taxes to make up for the reduction in state funds. Legislators must realize that our outdated school finance formulas need to be reformed, and the state must shoulder its share of the burden if our schools are to meet the demands of rapid growth in population and enrollment.

·        The TRS healthcare program for retirees faced a billion-dollar shortfall going into the next biennium under its existing and inadequate funding mechanism. Lawmakers made modest increases to state and district funding formulas, in addition to providing a relatively small amount of one-time supplemental funding from the state, in exchange for passing a TRS reform bill that shifts the majority of the shortfall to retirees through increased premiums and decreased benefits. In all, SB1 includes $480 million above what previous formula funding called for, made up of $350 million from the state and $130 million from school districts.

o  School finance reform: House Bill (HB) 21 by Rep. Dan Huberty (R-Humble)

HB 21 was the first iteration of what Chairman Huberty planned to be a two- or three-session effort to completely overhaul the state’s school funding mechanism. A testament to the volatility of this session, HB 21 began as a school finance bill supported by ATPE and most of the education community. The bill would have increased the basic allotment of funding per student, lowered the recapture rate, created a Hardship Provision Grant to soften the elimination of ASATR funding for several districts, added a formula weight for students with dyslexia, increased the Career and Technology Allotment weight (CTE), and repealed hold harmless provisions in the current law. Coupled with companion legislation in the House’s state budget proposal, HB 21 could have provided as much as $1.9 billion in additional state funding for public education.

However, once the bill passed to the Senate, Sen. Larry Taylor (R-Friendswood), Chairman of the Senate Education Committee, substituted it with language of his own that reduced the additional funding to $530 million and added in a controversial provision for vouchers for students with disabilities. This draining of public tax dollars into private entities through a proposed Educational Savings Account (ESA) voucher caused ATPE and other members of the education community to retract their support of the bill. The Senate passed the voucher-laden version of the bill on a mostly party-line vote. Sen. Eddie Lucio, Jr. (D-Brownsville), joined with all Republicans to support the bill.

The House refused to concur with the Senate’s changes to the bill, and Chairman Huberty called for a conference committee to work out the differences between each chamber’s versions of HB 21. However, over on the Senate side, Lt. Gov. Patrick and Chairman Larry Taylor declared the bill dead that same afternoon, refusing to appoint members of the Senate to participate in a conference committee. The Senate ultimately appointed conferees with just hours to spare on the last day of deliberations, but no agreement could be worked out in the few remaining hours, and the school finance bill died.

2. TRS and Healthcare: ATPE helped prevent the passage of bills that would change the defined benefit structure of TRS, raised awareness of the dramatically rising costs of educators’ healthcare programs, and helped secure additional funding for TRS-Care to prevent retired educators from losing their access to healthcare.

o  HB 3976 by Rep. Trent Ashby (R-Lufkin)

As stated above, ATPE entered the 2017 legislative session with a looming crisis for the state’s healthcare program for retired educators. Facing a $1 billion shortfall, TRS-Care was slated to run out of funding during the next biennium without urgent action by the 85th Legislature. Combining $350 million in state funds along with $130 million in support from school districts, the passage of HB 3976 helped secure $480 million in new money budgeted for TRS-Care over the next biennium. In order to maintain coverage, this bill changes the current TRS-Care plan by splitting coverage into two groups based on retirees’ ages. While the enactment of the bill means higher costs for participating retirees, it prevents the worst-case scenario: The collapse of TRS-Care in its entirety. Read a more comprehensive summary of the legislative changes here, and also read here about how the TRS Board of Trustees is now undertaking the rulemaking process to implement the changes called for by lawmakers in greater detail.

o  SB 1750 and SB 1751 by Sen. Paul Bettencourt (R-Houston)

Sen. Bettencourt’s SB 1750 and SB 1751 revived the concept of converting the TRS defined benefit pension plan to a defined contribution program in the future, making it more like a 401(k) plan or a hybrid of the two. The first bill called only for an interim study of the idea, while the second bill would have authorized TRS and ERS (the agency overseeing a similar pension plan for state employees) to create such a program as an alternative for new employees. Bills like this are a common fixture in the sessions preceding when an agency is up for its sunset review. While both bills were referred to the Senate State Affairs Committee, neither received a hearing and both proposals died. Additionally, other legislation was passed that will move back the sunset date for TRS to the year 2025.

3. Saving Payroll Deduction: ATPE fought back against anti-educator bills that would do away with payroll deduction for voluntary professional association dues.

o   SB 13 by Sen. Joan Huffman (R-Houston) and HB 510 by Rep. Sarah Davis (R-Houston)

ATPE continued to defend educators’ rights to use voluntary payroll deduction for their association dues and to fight anti-educator bills that do away with that option in an attempt to make it harder for educators to join professional groups like ours. Bills eliminating payroll deduction were identified as priorities of both the governor and lieutenant governor. ATPE members mounted strong opposition, testifying in committee and meeting with individual members of both the House and Senate to demand fair treatment. The Senate version (SB 13) of the so-called “union dues” bill passed the Senate on a party-line vote. In the House, both SB 13 and HB 510 were referred to the Committee on State Affairs but did not receive a hearing and subsequently died there.

4. Stopping Privatization: ATPE helped defeat bills aimed at creating private school voucher programs.

o  SB 3 by Sen. Larry Taylor (R-Friendswood)

Having made school choice one of his top three legislative priorities this session, Lt. Gov. Patrick used SB 3 as the main vehicle to push for vouchers in the form of both corporate tax credits for donations to private school scholarships and educational savings accounts for parents to use for their children’s private and home school expenses. The bill was voted out of the full Senate after measures were added to make the bill more palatable to rural legislators who were concerned about the impact a major subsidy would have on their districts. SB 3 passed the Senate with the support of 13 Republicans and one Democrat, Sen. Eddie Lucio, Jr. (D-Brownsville); the rest of the Senate Democrats and three Republicans, including Sen. Kel Seliger (R-Amarillo) and Sen. Robert Nichols (R-Jacksonville), voted against the bill. While Sen. Joan Huffman (R-Houston) is recorded as voting against SB 3, she cast a key vote to enable the bill to come up for consideration on the Senate floor, which paved the way for its passage. Upon being received in the House, the bill was referred to the House Public Education Committee, where it later died.

o  The Senate’s voucher amendment to HB 21

Earlier in the session, the House passed HB 21 by Chairman Dan Huberty as a school finance reform measure and the policy component intended to guide the additional money allocated to education in the House’s version of the draft budget. As we discussed above, HB 21 was vigorously debated on the House floor and passed to the Senate, where Chairman Larry Taylor (R-Friendswood) substituted the House version of the bill with his own bill demanding an ESA voucher for students with special needs. The Senate passed its substitute version of HB 21 and sent it back to the House, which refused to concur with the controversial amendments. Lawmakers were unable to agree to a final bill, and HB 21 died along with all other attempts to pass a private school voucher this session.

o  Record votes on vouchers. The House took multiple noteworthy votes against private school vouchers this session:

·        During the initial debate of SB 1—the budget bill—on the House floor, members voted 104-43 in favor of an amendment by Rep. Abel Herrero (D-Corpus Christi), Rep. Gary VanDeaver (R-New Boston), Rep. Ken King (R-Canadian), and Rep. Kyle Kacal (R-Bryan) to prohibit the use of public funds from supporting school choice programs in any form.

·        The House voted against vouchers again upon receiving the Senate’s version of the school finance bill, HB 21. The vote occurred in response to a “motion to instruct” presented by Rep. John Zerwas (R-Fulshear), a move intended to inform conference committee appointees of the desire of the body they represent while fleshing out the differences between differing bills. Chairman Zerwas filed the motion to urge House members of the conference committee to reject any voucher language in potential compromises on HB 21, and a supermajority of the House agreed. House members voted 101-45 to reject any compromises on HB 21 that would allow for ESAs, tax credit scholarships, or any other form of voucher.

·        Immediately following that vote, members squashed an alternative motion to instruct the conferees to “consider all methods of education choice and financing for special needs students.” The motion, presented by Rep. Ron Simmons (R-Carrollton), failed with members voting 47-89 against it.

o  Related legislation: The “Tim Tebow” Bill, SB 640, by Sen. Van Taylor (R-Plano)

Once again, this session ATPE helped prevent the passage of a bill that would force public schools to allow homeschooled students to participate in extracurricular UIL activities. ATPE members have long opposed the uneven playing field that would be created with allowing the participation of homeschooled students in UIL, since those students are not be held to the same academic and disciplinary standards as public school students.

5. Promoting Educator Quality: ATPE advocated for maintaining high standards for the education profession and a compensation and benefits structure that promotes educator recruitment and retention.

o  SB 1839 by Sen. Bryan Hughes (R-Mineola)

Amended several times over, SB 1839 became the catch-all for bills that had otherwise failed in the legislative process. In its original form, the bill mandated that relevant PEIMS (Public Education Information Management Systems) data be shared with educator preparation programs, gave the commissioner more rulemaking authority with regard to out-of-state certificate holders, and required educator preparation programs to include instruction on digital learning. In the final version signed by the governor, the bill also includes measures to do the following:

·        Prohibit the State Board for Educator Certification (SBEC) from requiring educator preparation programs to deliver one or more face-to-face support visits for principal, librarian, counselor, and diagnostician candidates during their clinical experience;

·        Create an early childhood through third grade teaching certificate;

·        Require additional professional development for digital learning and teaching methods; and

·        Allow long-term substitute teaching to count in lieu of minimal field-based experience hours required of certain educator candidates before entering the classroom as the teacher-of-record on a probationary certificate. This
language was originally a part of SB 1278, a bill ATPE testified against because it watered down educator preparation standards raised by SBEC during the past year. As that bill made its way through the committee process, much of the SB 1278 content was stripped away; however, this remaining portion was improved and ultimately added to SB 1839.

 

6. Reducing Standardized Testing: ATPE supported bills to reduce the role of standardized test scores in our accountability system for schools, in teacher evaluations, and in high-stakes decisions for students. 

o  SB 463 by Sen. Kel Seliger (R-Amarillo)

During the 84th regular session of the Texas Legislature in 2015, ATPE worked with Sen. Seliger to enact legislation that would provide a safe harbor for eligible high school seniors otherwise prevented from graduating due to failure of two or fewer STAAR tests. Enacted by that 2015 law that was set to expire this year, Individual Graduation Committees (IGCs) take the student’s entire academic history into account and use that to work a path to graduation. This session, we successfully worked with legislators once more to secure access to IGCs for high school students through 2019 with the passage of SB 463. 

o  HB 657 by Rep. Diego Bernal (D-San Antonio)

This ATPE-supported legislation allows ARD committees to promote special education students who have failed an exam but have otherwise met the goals of their individual education plans (IEPs). The passage of this bill provides students in special education programs with additional relief from regimented standardized testing. 

o  HB 515 by Rep. Gary VanDeaver (R-New Boston)

What started out as a bill to reduce the number of standardized tests that students are required to take lost much of its strength as amendments were added through the committee process. The bill’s focus was altered, causing it to place an emphasis on replacing state exams for high school social studies with the US Citizenship test, which would have presented problems due to a lack of alignment between the proposed test and the curriculum standards in the Texas Essential Knowledge and Skills (TEKS). The author of the bill did not concur with Senate amendments when the bill was sent back to the House, and the bill died.

 

o  HB 1333 by Rep. Jason Isaac (R-Dripping Springs)

This bill called for a reduction in the number of standardized tests taken by public school students by requiring the state to seek a waiver of federal laws that require certain tests in grades three to 12, and bringing the number of standardized tests for high school students down to the federally required minimum. The bill also called for making test scores a smaller percentage of school accountability calculations and removing standardized test scores as a facet of teacher evaluation. This bill did not make it beyond a hearing in the House Public Education Committee.

7. Addressing Regulatory Exemptions: ATPE advocated for limiting, repealing, or adding safeguards to regulatory exemptions that have been granted to some public schools, including Districts of Innovation (DOI).

Several bills were put forth this session with the goal of closing loopholes associated with the advent of Districts of Innovation (DOI). ATPE successfully advocated for a new measure of transparency under DOI:

SB 1566 by Sen. Lois Kolkhorst (R-Brenham)

Included in SB 1566, an omnibus bill pertaining to district and charter governance, is the requirement that school districts designated a DOI must post and maintain their DOI plan prominently on the school district’s website. A school district now has 15 days upon adoption to post its DOI plan or any revisions to its plan.

However, none of the following DOI bills made it to final passage:

o  HB 972 by Rep. Helen Giddings (D-Dallas)

This bill would have partly disallowed districts from exempting themselves from teacher certification laws by preventing a district from assigning most students in first through sixth grades to an uncertified teacher for two consecutive years (unless the district gets permission from parents). The bill passed the House but was not given a hearing in the Senate.

o  HB 1867 by Rep. Mary Gonzalez (D-Clint)

This bill would have removed educator certification from the exemptions available to districts under the DOI law. The bill failed to pass either chamber.

o  HB 1865 by Rep. Matt Krause (R-Fort Worth)

The bill would have removed school start date requirements from the list of eligible DOI exemptions, which would have eliminated a major enticement to districts considering DOI status. A desire to start the school year on an earlier date has been the most typical exemption sought by DOIs statewide. Despite the tourism industry vigorously lobbying in support of this legislation that would preserve a more predictable school calendar, the bill was left pending and eventually died after being heard in the House Public Education Committee.

o  HB 620 by Rep. Jeff Leach (R-Plano)

The bill would have allowed districts the option of moving the school start date to the second Monday in August, up from the fourth, and would have required instruction time measured in minutes, as opposed to days. HB 620 would have offered schools flexibility and eliminated an incentive to pursue DOI status. Like HB 1865, the bill was left pending and therefore died in the House Public Education Committee.

Other Legislative Victories:

·        ATPE supported changes to the A-F accountability system put in place for campuses last session (HB 22).

Rep. Dan Huberty (R-Kingwood), who chairs the House Public Education Committee, filed HB 22 to try to revamp the state’s unpopular A-F accountability grading system for schools and districts. A version of the bill approved by the House had broad support from the education community, but stakeholders were less enthusiastic about changes made to the bill in the Senate. Ultimately, the bill was referred to a conference committee to iron out an agreement, and HB 22 became one of the last bills passed by the 85th Legislature before the clock ran out on the regular session. HB 22 as finally passed collapses the five domains down to three, allows districts to add locally designed aspects of their accountability plans subject to approval by the Commissioner of Education, and pushes back the rollout of the A-F rating system for campuses to August 2019. ATPE successfully advocated to require the rulemaking process include input from teachers. While ATPE is still not a proponent of the A-F system and had argued for eliminating the overall summative grade for schools, we support these changes in the final compromise version of HB 22, which should give districts more leeway and educators an additional opportunity for local input into the design of their schools’ accountability systems.

·        ATPE bolstered efforts to prevent and punish cyberbullying – David’s Law, SB 179, by Sen. Jose Menendez (D-San Antonio).

Expanding on ATPE’s work in prior sessions to help curtail bullying of students, the act now known as David’s Law establishes criminal penalties for those engaged in acts of cyberbullying and requires schools to create secure channels for students to report cyberbullying. 

·        ATPE supported prohibiting the Texas Education Agency (TEA) from basing a school’s performance on the number of students in special education programs – SB 160 by Sen. Jose Rodriguez (D-El Paso).

ATPE supported legislators’ efforts to end the de facto 8.5 percent cap on schools enrolling students in special education services. This legislation prevents TEA from monitoring school performance based on the percentage of students they enroll in special education services. 

·       ATPE worked closely with lawmakers to address educator misconduct – SB 7 by Sen. Paul Bettencourt (R-Houston).

One of the first bills signed into law by Gov. Abbott this year, SB 7 aims to address the phenomenon sometimes called “passing the trash,” whereby educators accused of misconduct have been allowed to resign and find work in another school district thanks to lax reporting. Several amendments were added to the original version of this bill, including one to strip certain employees convicted of felony sexual offenses of their TRS pensions, amendments to add parental notification requirements, and an amendment that requires school job applicants to disclose any criminal charges or convictions in a pre-employment affidavit.

ATPE's 2016-17 State Officers

ATPE’s 2016-17 State Officers

From The Texas Tribune: House education leaders won’t budge on school finance, private school choice

Reps. Dan Huberty, Diego Bernal and Gary VanDeaver discuss the past legislative session and the upcoming special session at a conference of the Texas Association of School Administrators in Austin on June 25, 2017. Photo by Austin Price/The Texas Tribune

Reps. Dan Huberty, Diego Bernal and Gary VanDeaver discuss the past legislative session and the upcoming special session at a conference of the Texas Association of School Administrators in Austin on June 25, 2017. Photo by Austin Price/The Texas Tribune

The top House education leader said Sunday that “private school choice” is still dead in the lower chamber.

“We only voted six times against it in the House,” House Public Education Committee Chairman Dan Huberty said. “There’s nothing more offensive as a parent of a special-needs child than to tell me what I think I need. I’m prepared to have that discussion again. I don’t think [the Senate is] going to like it — because now I’m pissed off.”

Huberty, R-Houston, told a crowd of school administrators at a panel at the University of Texas at Austin that he plans to restart the conversation on school finance in the July-August special session after the Senate and House hit a stalemate on the issue late during the regular session. Huberty’s bill pumping $1.5 billion into public schools died after the Senate appended a “private school choice” measure, opposed by the House.

Huberty was joined by Education Committee Vice Chairman Diego Bernal, D-San Antonio, and committee member Gary VanDeaver, R-New Boston, on a panel hosted by the Texas Association of School Administrators, where they said they didn’t plan to give in to the Senate on the contentious bill subsidizing private school tuition for kids with special needs.

Gov. Greg Abbott has called legislators back to Austin for a July-August special session to tackle a hefty 20-item agenda that includes several public education issues that the Senate and House could not agree on during the legislative session. Huberty, Bernal and VanDeaver on Sunday refused to budge politically from where they stood on major education issues during the regular session.

“I pretty much stand where I stood then,” VanDeaver said.

Educators argue private school choice saps money from the public school system, while proponents say it offers low-income parents choices beyond the limited scope of the public education system.

That position could put the representatives in private school choice advocates’ crosshairs as they gear up for re-election in 2018. Huberty, already a target of efforts to unseat him in the next Republican primary, called it an “onslaught” against public education.

VanDeaver said educators have two options: They can give in to the Senate’s attempts to attach school finance and private school choice, or they can vote against legislators who want those issues linked.

“If you don’t stick up for yourselves in a real way … we are going to lose,” Bernal added.

Abbott put several public education bills on the special session agenda, to be addressed only after the Senate passes crucial “sunset” bills that would keep several state agencies, including the Texas Medical Board, operating during the next budget cycle.

Huberty said providing public schools with additional revenue is the only way to decrease local property taxes, another priority of the governor on the agenda for special session. “I’m planning on filing a property tax bill that will address school finance,” he said.

Educators have argued school districts must push for higher taxes because the state is underfunding public schools.

Huberty said he did not know if he would re-file the exact same piece of school finance legislation the House passed in the spring. That bill simplified the formulas for funding public schools and injected $1.5 billion into public schools, in part by using a budget trick to defer a payment to public schools until 2019.

Huberty said the Legislature could still fund the bill by using that mechanism. “If there’s no money, I get it,” he said. “But we got a mechanism set up to be able to deal with it.”

Disclosure: The University of Texas at Austin and Texas Association of School Administrators have been financial supporters of The Texas Tribune. A complete list of Tribune donors and sponsors is available here.

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2017/06/25/texas-reps-education/.

Texas Tribune mission statement

The Texas Tribune is a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.

From TribTalk: Special session will be more bad news for teachers and public schools

Bayless Elementary teacher Holly Guillmen identifies and explains the use of the contents of the Waterwise home water conservation kit provided to students by the High Plains Underground Water District in Lubbock, Texas, Oct. 17, 2012. Photo by Jerod Foster

 

There’s a truism in Texas politics: Little good happens in Austin after May.

That’s why our founders assigned the Texas Legislature only one task – to pass a state budget – and limited their ability to meet to just 140 days every other year.

As a failsafe in the event of catastrophe, the founders entrusted the governor with the power to call legislators back under “extraordinary occasions.” Examples noted in the Texas Constitution are the presence of a public enemy or a need to appoint presidential electors.

Nowhere does it mention attacking teachers, schools, or political enemies merely to score points heading into the next election cycle.

We’ve just wrapped up one of the most bitter and divisive legislative sessions in recent memory. Friendships were strained, and the good of the state took a backseat to questionable “priorities” outlined by our radio host-turned-lieutenant governor, Dan Patrick.

Yet thanks to the refusal of Texas House members to abandon the voters who sent them to Austin, some of the worst proposals never came to fruition. For example, lawmakers said no to vouchers for unregulated private schools because most Texans oppose spending tax dollars that way and want the state to support our existing public schools. Over and over, House members voted against subsidizing exclusive private tuition in places like Dallas with taxes collected from hardworking families in rural communities like Lubbock.

Also, the House offered improvements to the “A through F” accountability system and a $1.6 billion increase in education funding that the Senate turned down in favor of pursuing Lt. Gov. Patrick’s pet causes. Angered by the failure of his potty police and other crusades, Patrick even held a medical board sunset bill hostage at the end of the session, and now he has received his wish to force a special session.

Those hoping Gov. Greg Abbott would ignore the partisan cries and focus instead on truly “extraordinary” government needs in this upcoming called session are disappointed.

Announcing what promises to be the mother of all special sessions, the governor began by teasing a teacher pay raise – but refusing to fund it. ATPE supports increased pay, but without appropriations for school districts that will be forced to accommodate this, it’s hard to see the governor’s proposal as anything other than an unfunded mandate intended to soften the blow of other unnecessary anti-teacher and anti-public education legislation on the special session call.

This 30-day, taxpayer-funded special session will reopen angry fights over vouchers and other bad bills that failed to pass during the 140-day regular session. They include a shameful attack on teachers that would curtail their ability to voluntarily join professional associations like ATPE by using payroll deduction for membership fees. Falsely marketed as an attack on unions and a way to save taxpayer resources, the legislation actually protects Abbott’s and Patrick’s favored unions — police, firefighters, and first responders — while singling out teachers to strip them of the rights enjoyed by other public employees.

Imagine that: Telling teachers they can’t be trusted with their own paychecks while reaching into all our wallets to fund another crack at their own pet political projects.

This special session outline is a slap in the face to teachers and public schools at a time when they are being asked to do more with less. The founders knew what they were doing. Texans should be wary of what happens in Austin after the regular session adjourns in May.

It won’t be good for many of us.

Gary Godsey, Executive director, Association of Texas Professional Educators

Disclosure: The Association of Texas Professional Educators has been a financial supporter of The Texas Tribune. A complete list of Tribune donors and sponsors can be viewed here.

This post was original published by The Texas Tribune for its TribTalk website at https://www.tribtalk.org/2017/06/21/special-session-will-be-more-bad-news-for-teachers-and-public-schools/.

About that proposed pay raise…

Falling US MoneyGov. Greg Abbott surprised many in the education community on Tuesday when he stated what is old hat for us, but seldom admitted by fiscal hawks: “Teacher pay is too low.”

The governor followed that with a call to add a $1,000 teacher pay raise to this summer’s special session.

Fantastic!

Only the state is not going to pay for it.

In fact, the governor claimed such a raise “can easily be achieved by passing laws that reprioritize how schools spend money, and we can do that without taxpayers spending a penny more.” In other words: An unfunded mandate.

Well, at least we can appreciate the sentiment. Or perhaps we could, had the governor not followed that empty promise with a more disturbing one: To pass a laundry list of bills aimed at stripping teachers of their rights and redirecting even more resources from Texas school children – at a time when schools and teachers are being asked to do more with less.

Let’s quickly recap how lawmakers spent our money in this most recent legislative session.

Despite ATPE-supported attempts by leaders in the Texas House of Representatives to increase public education funding across the board, the final budget negotiated with the Senate actually decreased the overall amount of state spending on public schools by about $1.1 billion, forcing districts to rely on rising local property tax collections just to maintain current funding levels. The decision by Senate leadership to scuttle the House’s school finance legislation also means some schools are likely to close as existing funding streams expire.

Within this budget, Gov. Greg Abbott requested that lawmakers designate $236 million for “high-quality” pre-K programs, without providing any additional money to do so. This will basically force districts to cut money from other parts of their own budgets; whether that means from teacher payroll, band instruments, or football pads, it will be up to districts to decide. Now the governor has proposed using the same approach to generate a raise of $1,000 for teachers over the course of a year.

The state’s underfunding of public education has already had a pretty devastating effect on teachers’ healthcare. While ATPE effectively advocated for increased funding for TRS-Care, lawmakers chose to only increase that funding enough to avoid shutting the system down completely. The result is a restructured TRS-Care plan that reduces benefits and raises premiums. Lawmakers’ decision not to provide adequate funding will also result in an average rate increase of 8.1 percent for those enrolled in TRS-ActiveCare plans.

Let’s not forget that this is the same budget that found $800 million to spend on border security, despite President Trump’s promises to ramp up federal involvement along the Rio Grande.

Now Gov. Abbott intends to hold a 30-day special session at a cost of around $1 million in taxpayer money to pass a long list of bills that were either unnecessary or too controversial to pass during the previous five months of the regular session. This includes legislation that would make it easier for districts to fire teachers, plus the anti-teacher payroll deduction legislation and private school vouchers for students with special needs.

ATPE has fought and continues to fight for educators to be paid what they deserve. That means a pay raise that is fully funded by the state legislature. Without any funding for the governor’s offer to raise teacher pay – and with that offer having been waved in front of a grab bag of other offensive legislation – we cannot help but feel trepidation about his proposal.

17_web_Spotlight_AdvocacyCentral_1Now more than ever, Texas educators must be vigilant. We now know that this special session is shaping up to be an all-out assault on teachers and public education by the governor and lieutenant governor. We urge ATPE members to be active through ATPE’s Advocacy Central and let your legislators know you will stand up for your rights and those of your students.

Abbott announces special session to include many public education items

ThinkstockPhotos-99674144Governor Greg Abbott released his plans for a special session today following a week of growing anticipation. For educators and public education advocates, the fight isn’t over. Beginning July 18, the Texas Legislature will to return to Austin to address a long list of issues identified by Governor Abbott. Only one, continuing the Texas Medical Board, requires “emergency” attention; once that has been addressed, Governor Abbott expects the legislature to immediately address 19 additional items.

Two of those additional items are particularly familiar to public education advocates and educators who just spent the last five months defeating them. By adding them to the special session call today, the governor revived vouchers for special education students and a prohibition on payroll deduction for educators. Both issues were ones addressed and rejected by the legislature during its regular session. ATPE immediately responded to the news with a press release calling payroll deduction a “shameful attack on public school employees.”

The governor also added school finance to the call, but he only called on lawmakers to create a commission to study school finance. He did not call on lawmakers to pass the pieces of legislation debated during the regular session that actually sought to fix the school finance system. For instance, HB 21 by Chairman Dan Huberty (R-Humble) and SB 2051 by Chairman Larry Taylor (R-Friendwood) took separate approaches to fixing the school system, but each addressed current school funding issues and received strong support. The school finance fix was ultimately derailed when Lt. Governor Dan Patrick added a voucher and refused to compromise on any bill to fund schools if a voucher wasn’t included.

Two items that got little attention during the regular session but topped the governor’s list of special session items today were a $1000 pay raise for teachers and flexibility for administrators in hiring, firing, and retaining teachers. The governor gave little detail on how to address either item, but did say that he expects the pay raise to be carried out through existing money and within existing budgets, meaning he doesn’t want the legislature to dedicate any new funding to the effort.

The 19 additional items, as described by Governor Abbott’s office are as follows:

  1. Teacher pay increase of $1,000
  2. Administrative flexibility in teacher hiring and retention practices
  3. School finance reform commission
  4. School choice for special needs students
  5. Property tax reform
  6. Caps on state and local spending
  7. Preventing cities from regulating what property owners do with trees on private land
  8. Preventing local governments from changing rules midway through construction projects
  9. Speeding up local government permitting process
  10. Municipal annexation reform
  11. Texting while driving preemption
  12. Privacy
  13. Prohibition of taxpayer dollars to collect union dues
  14. Prohibition of taxpayer funding for abortion providers
  15. Pro-life insurance reform
  16. Strengthening abortion reporting requirements when health complications arise
  17. Strengthening patient protections relating to do-not-resuscitate orders
  18. Cracking down on mail-in ballot fraud
  19. Extending maternal mortality task force