Category Archives: 86th Legislature

ATPE’s Shannon Holmes facilitates teacher pay discussion

ATPE Executive Director Dr. Shannon Holmes moderated a panel discussion on teacher compensation Thursday at a conference for the Texas Association of Midsize Schools (TAMS). The discussion included state Reps. Gary VanDeaver (R-New Boston), who is a member of the Texas House Public Education Committee, and Travis Clardy (R-Nacogdoches), who filed a high-profile teacher compensation bill in 2017 during the 85th Texas Legislature.

Both representatives agreed about the need to increase teacher compensation, which has become a major topic of discussion heading into the 86th Texas Legislature. Some of the most serious plans proposed thus far have featured differentiated pay, in which top-performing teachers are eligible for higher paychecks. Rep. VanDeaver noted that the major concern with these plans revolves around how top-performing teachers are identified. ATPE has consistently warned that student test scores should not be the primary metric for this purpose.

Rep. Gary VanDeaver, ATPE Executive Director Shannon Holmes, and Rep. Travis Clardy at the TAMS conference on Dec. 6, 2018

Rep. Clardy acknowledged that a critical part of any raise this session will be identifying state funding for that purpose. Legislation addressing teacher pay during the 2017 special session did not include state funding and instead asked districts to pay for raises out of their own pockets, which effectively tabled the discussion.

The conference featured other panels related to public education, including one featuring state Reps. Diego Bernal (D-San Antonio) and Ken King (R-Canadian), both members of the House Public Education Committee, as well as State Board of Education (SBOE) Member Keven Ellis (R-Lufkin). All three serve on the Texas Commission on Public School Finance, which was created in part by the failure of a House-sponsored school finance reform bill last session. Rep. Bernal vowed that if the commission fails to come up with a real plan to reform the finance system before the new session begins, the House will come up with its own plan and challenge the Senate to pass it.

Thursday’s event furthered underscored the extent to which the focus will be on public education in the upcoming legislative session. Many lawmakers who have seemed uninterested in addressing school finance in the past are now championing reform efforts. Rep. King and others suggested Thursday that the results of the most recent election sent a strong message that Texas voters want legislators who will advance the interests of public education.

From The Texas Tribune: A tight-fisted Texas Legislature with expensive ambitions

Analysis: A tight-fisted Texas Legislature with expensive ambitions” was first published by The Texas Tribune, a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.

The Texas Legislature’s strong allergy to tax increases might be abating — just as long as you don’t call them tax increases.

They’re not saying so out loud — no point in riling up a price-sensitive electorate before the holidays, before the upcoming legislative session — or before lawmakers are ready to make their sales pitch.

But the talk of school finance as a top legislative priority guarantees a conversation about taxes. While there are many great policy reasons to mess with that persistent and gnarly issue, the political motivation here is simple: Texas property owners have made it clear to their representatives that they want lower property taxes.

When you do hear lawmakers talking about tax increases next year — whatever euphemisms they choose — they’ll be talking in terms of how that money will pay for property tax cuts. Cutting everyone’s current most-hated tax is the only way to explain so many conservative legislators making serious noises about increasing state revenue.

Given the way the state pays for public education — with a combination of local property taxes, and state and federal funding — the only ways to lower property taxes are to cut public education spending or to find money elsewhere to offset property tax cuts.

In the state’s 2019 fiscal year, the local share of school finance spending is estimated to be 55.5 percent of the total, while the state’s share is expected to be 35 percent, according to the Legislative Budget Board. The rest comes from the federal government.

The last time the Texas Legislature tackled school finance, the local and state shares matched. Years of rising property values – and rising local property tax revenue with them – have allowed the state to lower its share.

The price tag for a rebalancing would be enormous, though. And in spite of Democratic gains in last month’s elections, Texas still has a Republican-dominated state government, with GOP majorities in both the House and Senate, and Republicans in every statewide office. Many of them got where they are by opposing anything that sounded like higher taxes, which makes the road ahead pretty interesting.

If you do some quick arithmetic on those 2019 estimates, it would take a $5.7 billion increase in annual state spending to rebalance the state and local shares of public education spending. Doing that would put them both back where they were in 2008 — each covering about 45 percent of the load.

That’s easier to do on the back of an envelope than it is to do in the Legislature. The budget ahead is tight. House and Senate leaders have to pass what’s called a “supplemental appropriations bill” to take care of shortages in the current budget, Hurricane Harvey recovery costs, and so on. Early guesstimates are that they’ll start more than $5 billion short of what they need for the next budget — and that’s before they even bring up the expensive school finance project.

The governor already is circulating a document that dares to mention taxes in the title: “Improving Student Outcomes and Maintaining Affordability through Comprehensive Education and Tax Reforms.”

That gets right to the politics of the situation: State leaders are interested in easing property tax burdens, and school finance is the biggest lever in their toolkit. It’s also way out of balance and happens to need fixing. Lawmakers often blame the imbalance on school funding formulas. But they’re the authors of those dreaded formulas, and this is also a chance to put something better in place.

But it’s the tax problem — the price of owning property — that has made their price-sensitive voters potentially receptive to increases in other taxes. New money could come from eliminating exemptions, from property appraisal reforms, from raising existing tax rates or creating new taxes — any number of things. They’ll decide the details when they meet. They’ll figure out what to call it, too: It might be remarkable to see “tax” in the title of the governor’s presentation, but its neighboring word — “reform” — is the political touch.

They want to lower property taxes to make their voters happy, and to accomplish that expensive task without stirring up a new revolt from a different set of taxpayers.

At the end, someone in Texas has to pay for this stuff.

 

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2018/12/03/tight-fisted-texas-legislature-school-finance-property-tax/.

 

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

Finance commission group finalizes recommendations

The Texas Commission on Public School Finance working group on revenue met Tuesday at the Texas Capitol to discuss recommendations to deliver to the full commission. State Sen. Paul Bettencourt (R-Houston), who leads the working group, indicated he is open to using the economic stabilization fund (ESF), which is commonly referred to as the “Rainy Day Fund,” to help fund public education.

School finance commission working group meeting November 27, 2018.

Bettencourt opened the meeting suggesting that state revenues are looking bullish heading into the next budget biennium. Again, Sen. Bettencourt emphasized his priority is phasing out the “Robin Hood” system of wealth equalization through recapture. According to Bettencourt, freezing recapture would cost approximately $2.3 billion.

Before Bettencourt began his presentation, commission member and Austin ISD Chief Financial Officer Nicole Conley Johnson told the group she had identified $14 billion in new programs to propose to the commission.

According to figures Bettencourt provided to the group, the state comptroller increased the revenue estimate for the next biennium to $110.2 billion in July 2018 from $104.9 billion in 2017, a $5.3 billion increase. During the first two months of fiscal year (FY) 2019, sales tax revenues, which represent 58 percent of all state tax collections, are expected to be up ten percent compared to FY 2018.

Bettencourt asserted two point upon which most agree: Without school finance reform, the state’s share of public education funding will continue to shrink, and the amount of funding districts pay into recapture for wealth equalization will continue to increase. Bettencourt emphasized his prediction that increased revenue in FY 2019 will provide additional general revenue (GR) which will be available to help fund schools.

State Rep. Diego Bernal (D-San Antonio), who is vice-chair of the House Public Education Committee, raised a question over how equity would be preserved if legislators make changes to or eliminate the recapture system. State Rep. Ken King (R-Canadian), who is also a member of the House Public Education Committee, also raised a concern that any increase in school funding will need to be sustainable.

Bettencourt presented the governor’s tax cap plan as the solution. The plan would increase funding for districts that increase teacher pay and improve student outcomes, however Rep. Bernal noted that outcomes-based funding threatens to reward districts that already have the resources necessary to improve while neglecting districts that have failed to improve precisely because they lack the necessary resources. The plan would also limit property tax revenue growth to 2.5 percent per year, which the plan promises to make up for with state funding.

Another proposal discussed by Bettencourt is one presented by the Texas Public Policy Foundation (TPPF), a far-right pro-voucher organization, which would aim to eliminate all school district maintenance and operations (M&O) property taxes. This would cost roughly $51.3 billion for the 2018-19 biennium. The TPPF proposal claims to be able to pay for itself by dedicating future increases in state revenues to public education, but Bettencourt conceded that this is an optimistic view.

Bettencourt also briefly discussed the idea of “sharing” recapture. In this plan, property value growth would be divided by thirds, and the benefits from the growth in property values would ostensibly be shared. Additionally, Bettencourt suggested using the increase in production severance taxes – largely due to oil and gas activity in the Permian Basin – to help fund public education. This funding stream currently already flows to public education and general revenue, with an overflow stream that is bifurcated between highway funding and the ESF. Despite the Senate’s opposition to spending ESF dollars in previous legislative sessions, Bettencourt indicated he’s now open to spending ESF money to help fund public education. Johnson argued that this represents a redirection of existing revenues and does not represent the new revenue necessary to improve school performance.

The working group voted to advance each of the proposals except the plan offered by TPPF to be considered by the full commission. Rep. King made the motion to table the TPPF plan, which he declared nonsensical. Several members expressed similar concerns. Closing the meeting, commission chair Scott Brister suggested that legislators should feel less constrained by court rulings enforcing equity. As a justice, Brister was a dissenting voice in the West Orange-Cove school finance ruling.

The full commission will meet Friday, again on December 5, and at least once more during the third week of December. The commission will get a chance to react to Tuesday’s recommendations and will arrive at a decision by the December 5 meeting on what the final report should look like. The following meeting will focus on what the report should say. The commission is required to submit its report to the legislature by December 31.

Brister asked commission members to do their best to reach a unanimous consensus on recommendations, and said that in lieu of a minority report, individual members will be allowed to place letters in an appendix to the final report.

 

Teach the Vote’s Week in Review: November 16, 2018

Here’s your weekly wrap-up of education news from ATPE Governmental Relations:


TEA Commissioner Mike Morath addresses SBOE, November 14, 2018.

The State Board of Education (SBOE) met this week to discuss a variety of topics in what would be its last series of meetings before the year’s end.

On Wednesday, the board voted to increase its distribution from the Public School Fund to 2.9%.  This action takes place after a dispute earlier this year between the SBOE and the General Land Office’s School Land Board (SLB). Both the SBOE and the SLB manage investment portfolios that fund public education, but an unusual move by the SLB to bypass the SBOE and put funding directly into the Available School Fund (ASF) means that the SBOE will have less money to support classrooms directly.

Other topics of discussion this week included the streamlining of the Texas Essential Knowledge and Skills (TEKS) for social studies, the board’s final discussion on the Long Range Plan (LRP) for public education, and the SBOE’s legislative priorities for the upcoming session in 2019.

The Board also heard from Texas Education Agency (TEA) Commissioner Mike Morath. The commissioner addressed concerns that the agency’s Legislative Appropriations Request (LAR) seeks less state funding than in previous years, telling the board the agency is simply following the funding formulas established by the legislature.

During the Board’s discussion with Commissioner Morath, members also requested updates on issues such as Senate Bill (SB) 1882, a bill passed during the 85th legislative session that allows public school districts to partner with privately-run charter schools; the recent ruling by the 5th Circuit Court of Appeals that upheld the U.S. Department of Education’s punitive actions against Texas for underfunding special education programs; and transparency regarding the instructional materials portal launched in 2017.

 


In a press conference earlier this week, state Rep. Dennis Bonnen (R-Angleton) announced that the race for Speaker of the Texas House of Representatives was “over,” as he had secured enough pledges for votes to make him the definitive winner. While the Speaker’s race won’t officially be over until January, when the House convenes for the 86th legislative session and formally votes for the next speaker, that hasn’t stopped Bonnen from proceeding as the presumptive speaker-elect, hiring key staff and putting in place a transition team.

Rep. Bonnen suggested that school finance will be the top priority of the Texas House in the upcoming legislative session, and he has vowed to work with his counterpart across the rotunda. Bonnen and Lieutenant Governor Dan Patrick released a joint statement this week affirming their commitment to unity and working together in the upcoming session. Rep. Bonnen wrote, “The Lieutenant Governor and I share a strong commitment to doing the people’s business.”


School finance commission working group on revenues meeting, November 13, 2018.

On Tuesday, the Texas Commission on Public School Finance working group on revenues discussed the issue of wealth equalization through recapture, which is commonly referred to as “Robin Hood” under the current school finance system.

Led by state Sen. Paul Bettencourt (R-Houston), the group heard testimony from a variety of stakeholders, including former state Sen. Tommy Williams, who testified on behalf of the governor’s office. Williams delivered the first public explanation of the governor’s plan to cap local tax revenue. A detailed account of the meeting can be found in this blog post by ATPE Lobbyist Mark Wiggins.

 

 


SBOE says goodbye to longtime members

The Texas State Board of Education (SBOE) wrapped up its November meeting saying goodbye to three members.

SBOE meeting November 16, 2018.

Members Erika Beltran (D-Fort Worth), David Bradley (R-Beaumont), and Tincy Miller (R-Dallas) all decided not to run for reelection, and Friday was their last meeting as members of the board. WIth 32 years on the board, Miller is one of the longest-serving members in its history.

The retiring members will be replaced by new members-elect Matt Robinson (R-Friendswood), Aicha Davis (D-DeSoto), and Pam Little (R-McKinney). The first meeting with new members will be January 30, 2019.

The board gave final approval to streamlined Texas Essential Knowledge and Skills (TEKS) for social studies. This has been a lengthy and at times somewhat controversial process due to the subject matter, but the board managed to navigate the process in a way that respected input from a wide range of stakeholders on various issues.

The board voted again on a number of items, including the Long-Range Plan for Public Education and members’ legislative priorities for 2019. Members also approved a plan to provide additional funding in the event that the School Land Board releases additional funds in response to the board’s request that it do so.

SBOE tackles school funding, legislative priorities

The Texas State Board of Education (SBOE) voted preliminarily to increase the distribution rate from the Permanent School Fund (PSF) to 2.9 percent from 2.75 percent, based upon concern that some of the portion of the PSF managed by the General Land Office’s (GLO) School Land Board (SLB) has been held back from public schools. The total distribution will generate $2.38 billion and provide an additional $177 per student, down from $186 per student during the current biennium.

PSF Committee Chair David Bradley (R-Beaumont) said the percentage, while an increase from the rate discussed at previous SBOE meetings, does not fully make up for the reduction in funds created by the SLB’s decision to withhold funds from its distribution. Member Tom Maynard (R-Florence) described the decision as one that would increase the funds available to public schools while protecting the corpus of the PSF, which has been threatened by the GLO’s decision to engage in a “financial game of chicken” with the SBOE.

The board continued its streamlining of Texas Essential Knowledge and Skills (TEKS) for social studies after a full day of testimony Tuesday and discussions stretching into Wednesday’s meeting. Members also discussed the forthcoming Proclamation 2020 and cybersecurity courses.

Late Wednesday, the board discussed the Long-Range Plan for Public Education, which the board has spent more than a year compiling. Members made a few technical edits to the language, which can be found here, and discussed delivering the final report to members of the 86th Texas Legislature, which meets in January 2019.

The board discussed potential legislative priorities for the 2019 legislative session. Ideas considered included funding to support TEA’s TEKS review and textbook adoption process, funding for literacy and math academies, exceptional budget items for special education ad school safety, competitive teacher salaries and supports, new governance structure for the PSF, implementation of the recommendations of the school finance commission regarding dyslexia and dual language programs, and funding support for education service centers (ESC).

Member Marty Rowley (R-Amarillo) proposed asking for authority to raise the threshold textbooks must meet to earn the board’s approval to 100 percent from 50 percent of the required TEKS. Member Georgina Perez (D-El Paso) concurred, arguing that if students, schools, and districts are expected to earn an “A” for accountability purposes, the same should be expected of textbook publishers.

Member Keven Ellis (R-Lufkin), the board’s representative on the school finance commission, elaborated on the commission’s recommendations. While the recommendations are not final and one working group has yet to deliver its recommendations, members of the commission have proposed creating a 0.1 weight for dyslexia and a 0.15 weight for dual language programs. Ellis also updated the members on a recommendation heard by the Sunset Commission Wednesday to change the SLB to a five-member body, with one of the two additional members being appointed by the attorney general and one by the governor, with both selected from a list of members provided by the SBOE.

Chair Donna Bahorich (R-The Woodlands) emphasized that SBOE members should be ready to walk the halls for items that make the final list, and requested the PSF governance be placed at the top. Members closed out the meeting with year-end updates from each of the board’s three standing committees: Instruction, School Initiatives, and School Finance/Permanent School Fund.

Commissioner: School fund management needs structural change

The Texas State Board of Education (SBOE) heard from Texas Education Agency (TEA) Commissioner Mike Morath Wednesday morning to begin the second day of its November meeting.

TEA Commissioner Mike Morath addresses SBOE, November 14, 2018.

Commissioner Morath began by congratulating Member Keven Ellis (R-Lufkin) for his work as the board’s sole representative on the Texas Commission on Public School Finance, and called the recommendations put forward thus far by commission working groups “powerful.”

The commissioner praised the board for its handling of a funding dispute with the General Land Office (GLO) over the Permanent School Fund (PSF), formal oversight of which is split between the SBOE and the GLO’s School Land Board (SLB). Morath suggested legislators should address oversight of the PSF in its entirety. The commissioner pointed out that the PSF portion under the SLB’s stewardship has accumulated a $4 billion cash balance, which is creating a “significant drag” in terms of fund performance. Morath suggested legislators should consider structural changes, which could be worth an additional $150 million per year.

Commissioner Morath recapped the agency’s budget and priority initiatives, and disputed reports that the agency’s legislative appropriations request (LAR) calls for a reduction in state aid. The LAR is a formal budget request each agency prepares for legislators before each legislative session, and TEA’s LAR for the upcoming session seeks less state aid from general revenue (GR). The commissioner explained that this is required by the funding formulas, which have led to the burden shifting from state GR to local property tax revenues.

Member Ruben Cortez (R-San Antonio) pressed the commissioner as to whether that trend will continue. The commissioner repeated that the agency is complying with statute, and suggested this is the central question being addressed by the school finance commission.

Member Marisa Perez-Diaz (D-Converse) asked the commissioner to provide agency guidance for districts participating in or considering merging with charters under Senate Bill (SB) 1882, which was passed by the 85th Texas Legislature. Perez-Diaz noted that there are questions regarding who is formally in charge of schools at the local level after a contract with a charter is executed, and pointed out it seems districts are “building the plane while it’s in the air.” The commissioner said SB 1882 contracts now include 13 districts and 609 campuses.

In response to a question by Member Ellis regarding a ruling by the 5th Circuit Court of Appeals to uphold a $33 million penalty for failing to properly fund special education, Commissioner Morath indicated that the agency is actively trying to figure out its response moving forward.

The commissioner also fielded a question from Member Georgina Perez (D-El Paso) regarding the instructional materials portal, which legislators in 2017 ordered the commissioner to create as an online resource for educators. Perez noted there is concern how the portal will interact with the SBOE’s statutory authority to review instructional materials and the potential for creating duplicative processes. Commissioner Morath suggested the portal will evaluate a different set of factors than the SBOE.

Member Barbara Cargill (R-Conroe) also raised concern about transparency with regard to how portal material is evaluated, and clarifying that the board’s process will continue forward unchanged. The commissioner replied the agency is engaged in stakeholder outreach. Member Cargill suggested creating a frequently asked questions (FAQ) document.

Finance commission group meets to discuss revenues

The Texas Commission on Public School Finance working group on revenues, led by state Sen. Paul Bettencourt (R-Houston), met Tuesday at the Texas Capitol to hear testimony. Sen. Bettencourt began the meeting by stating the state must “wean” itself off of the “Robin Hood” system of wealth equalization through recapture.

School finance commission working group on revenues meeting November 13, 2018.

Bettencourt set a target date of November 27 for a vote on recommendations and anticipated sharing those recommendations with the full commission in December. The commission’s report is due to the legislature by the end of December.

Austin ISD Chief Financial Officer Nicole Conley Johnson followed up Bettencourt’s remarks by stating a separate goal of identifying $6 billion in additional funding for public schools. Johnson and Bettencourt have stood on opposite sides of most school funding discussions.

Dale Craymer, president of the Texas Taxpayers and Research Association (TTARA), was the first witness invited to testify. Craymer testified that the recapture system is likely required based upon school finance court rulings, and noted that reducing recapture and reducing property taxes are not one in the same. Craymer suggested property taxpayers could be provided relief by using value growth to reduce the compression percentage downward, yet offered no direction with regard to relief for schools. Craymer suggested legislators must first determine what outcomes are desired before determine how much funding is needed.

Chandra Villanueva with the Center for Public Policy Priorities testified that recapture is necessary to level the playing field between school districts with vastly unequal property wealth. Instead, Villanueva testified that the overall system has failed and suffers from underfunding. Villanueva suggested instead updating the costs of education, adjusting for inflation, and slowing the growth of charter schools, which are pushing some districts into recapture.

Scott Brister, who chairs the commission, challenged the notion of inadequate funding. Villanueva responded that adequacy targets are an appropriate goal, and waiting to invest more resources only deepens the deficit lawmakers must eventually address. Johnson launched into an impassioned explanation of the fiscal challenges facing schools, which have seen funding decline while being asked to do more.

Vance Ginn with the Texas Public Policy Foundation (TPPF), a think tank funded by supporters of school privatization, offered a number of discredited claims regarding school funding, and argued for eliminating school district property taxes in favor of reduced state funding.

David Thompson testified that the shift from the state toward local property taxpayers is being driven by value growth, and urged legislators should commit at least a portion of value growth to increasing the basic allotment every session. Thompson also recommended closing a number of tax loopholes, such as for online retailers, and increasing the gas tax.

Speaking on behalf of Gov. Greg Abbott, former state Sen. Tommy Williams testified that the state should pay teachers more and reduce the burden of property taxes, which will require additional state funding. Notwithstanding this, Williams said funding should not be increased without accompaniment by school finance reform. The governor’s plan contains three essential elements: Rebalancing the state share of funding, paired with compression of local school property taxes rates; slowing the growth of local property tax bills; and treating all students equally, based on individual student needs as opposed to school district property values, which will require reducing the growth of recapture.

Williams then proceeded to outline the governor’s plan, which can be found here. In it, the governor’s office suggests capping school district Tier 1 maintenance and operations (M&O) tax revenue growth at 2.5 percent and replacing the lost funding with state dollars. The plan does not specify a funding mechanism or source. The plan also proposes outcome-based bonuses, awarding charter school attendance credits, and paying stipends to teachers who teach in more difficult classrooms, along the lines of Dallas ISD’s ACE program. This marked the first time the plan has been presented in public.

Asked by Sen. Bettencourt what the governor’s idea of additional state aid looks like, Williams suggested he would rather lawmakers not “back into that number” from available revenue, but rather to try and put a price tag on the recommendations from the commission’s working group on expenditures. Johnson followed up with a question regarding how much it would cost to buy down the tax rates as suggested by the governor. Williams did not offer an estimate.

Educators gain friendly statehouse seats in midterms

After more than a year of voter mobilization efforts aimed at making an impact on the Texas Legislature, educators sprinted across the finish line Tuesday with plenty to be proud of.

Pro-public education candidates for the Texas House of Representatives, both Democrats and Republicans, had a great night. When the dust settled, 74 percent of candidates supported by ATPE-PAC won their races. Conversely, many candidates backed by the infamous group Empower Texans lost their races last night. Forty-two candidates endorsed by the pro-public education entity Texas Parent PAC were victorious, including these new representatives-elect:

  • HD 4—Keith Bell, R-Forney
  • HD 8—Cody Harris, R-Palestine
  • HD 46—Sheryl Cole, D-Austin
  • HD 47—Vikki Goodwin, D-Austin
  • HD 52—James Talarico, D-Round Rock
  • HD 62—Reggie Smith, R-Van Alstyne
  • HD 105—Terry Meza, D-Irving
  • HD 113—Rhetta Bowers, D-Garland
  • HD 114—John Turner, D-Dallas
  • HD 115—Julie Johnson, D-Addison
  • HD 118—Leo Pacheco, D-San Antonio
  • HD 121—Steve Allison, R-San Antonio
  • HD 126—Sam Harless, R-Houston
  • HD 136—John H Bucy III, D-Round Rock

Democrats gained 12 seats in the Texas House, which lowers the mathematical advantage for Republicans to 83-67 from the more lopsided 95-55. This shouldn’t matter on most issues, but it could be extremely significant when it comes to dealing with highly partisan legislation such as vouchers or another anti-teacher payroll deduction bill, which the Republican Party of Texas has declared a top legislative priority despite resistance from within the Republican caucus. This new math could also influence the selection of a new House speaker to replace retiring pro-public education Speaker Joe Straus (R-San Antonio).

Over to the Texas Senate, the addition of two pro-public education members marks a slight improvement over the last legislative session. Beverly Powell defeated incumbent state Sen. Konni Burton (R-Colleyville) 52-48%, and Nathan Johnson defeated incumbent Sen. Don Huffines (R-Dallas) 54-46%.  Their election helps offset the loss of a Democrat-held seat won by Republican state Senator-elect Pete Flores during a summer special election for Senate District 19.

The GOP majority in the Texas Senate now changes to 19-12 from 21-10, however Republicans will hold a 19-11 advantage for the majority of session due to U.S. Representative-elect Sylvia Garcia’s (D-Houston) refusal to resign her state senate seat on time to hold a replacement election before the legislative session begins.

Under the Senate’s 3/5 rule, 19 votes are needed to pass most major legislation, and just 18 votes will be needed until Garcia’s seat is filled. This is very significant math in the Senate, where Lt. Gov. Dan Patrick (R-Texas) was able to push through multiple anti-public education bills, including voucher legislation, along largely party-line votes last session. However, there is reason to be optimistic that the results of this election cycle may embolden some pro-public education Republicans in the Senate to stand up to the lieutenant governor on these divisive issues.

Speaking of the lieutenant governor, Texas voters awarded him four more years Tuesday night. Despite his extremely anti-public education policies, Dan Patrick won reelection with a 51-46% victory over Democratic businessman Mike Collier. Patrick’s support roughly tracked with his GOP colleagues on the statewide ballot. Patrick, U.S. Sen. Ted Cruz, and Texas Attorney General Ken Paxton each received about 4.2 million votes. Gov. Greg Abbott received the most votes at 4.6 million.

The results up and down the statewide ballot were fairly consistent despite vast differences in the amount spent in each race. Cruz’s Democratic challenger, Congressman Beto O’Rourke, raised a staggering $70 million. His performance at the polls was largely mirrored by his statewide Democratic colleagues who raised a fraction of that amount. Democrats dominated the state’s largest urban areas and were thereby able to flip several local seats, but their numbers were not sufficient to overcome rural Republicans’ advantage in statewide races.

Now begins the process of dissecting the polling data to try and derive additional insights. At a general level, the Democratic strategy relied in part on mobilizing Democratic voters to achieve presidential election-level turnout while hoping Republicans turned out at typical midterm election levels. What happened instead was both Democrats and Republicans turned out at levels approaching a presidential election.

A total of 8.3 million Texas voters turned out for the 2018 midterm elections, compared to just 4.6 million voters for the 2014 midterms. Tuesday marked the highest turnout for a midterm election in Texas history, overall second only to the 2016 presidential election in which just shy of 9.0 million Texans voted. Looking deeper, about 400,000 fewer people voted for Cruz in 2018 than voted for Donald Trump in 2016. Conversely, O’Rourke received roughly 400,000 more votes than Hillary Clinton.

Registration of eligible voters increased to 79.40 percent in 2018 from 74.15 percent in 2014. This year’s turnout of 52.70 percent marked a 59 percent increase in turnout from 33.70 percent who participated in 2014. Turnout for the 2016 presidential election was 59.39 percent. In raw numbers, turnout compared to the last midterm election was nearly double.

So what does this all mean? It means that overall, educators did a great job electing local candidates who will stand up for public education. Through your hard work, you’ve made a positive difference on the political math within the Texas Legislature. Notwithstanding this success, arguably the largest challenge facing educators will be the retention of statewide leaders who have not taken the most education-friendly stances in the past. Will close calls during this election and the increase in voter turnout and enthusiasm among the education community this year provide an incentive for state leaders to become more responsive to and accountable for the needs of public schools? With the elections over, the battle now moves from the ballot box to the statehouse. Educators will need to harness the same enthusiasm to help make the 2019 legislative session a success for our students and classrooms.

12 Days of Voting: Math!

Early voting is underway NOW for the November 6 elections, so we’re taking a look at some of the reasons why it’s so important that educators vote TODAY! In this post, we’re taking a closer look at how elections determine critical legislative math.


Politics involves a lot of math.

A candidate needs fifty percent of voters plus one in order to get elected to office. The Texas Legislature meets for 140 days, but can’t pass legislation until 60 of those days have passed – unless acting upon an emergency item declared by the governor.

Here’s another equation for you:

The Texas Senate consists of 31 members and requires a vote of three-fifths of those present and voting to pass most major legislation. That means if everyone is present, a bill needs the support of 19 senators to pass. Republican Pete Flores won a September special runoff election to fill the Senate District 19 seat previously held by state Sen. Carlos Uresti (D-San Antonio), which places the current makeup of the Texas Senate at 21 Republicans and 10 Democrats.

This actually is an important bit of math for supporters of public education.

In the past legislative session alone, we’ve seen legislation harmful to public education pass along largely party line votes under the direction of Republican Lt. Gov. Dan Patrick. This includes voucher bills to strip funding from public schools in order to create taxpayer-funded subsidies for private schools. It also includes payroll deduction bills designed to rob teachers of their influence at the Capitol by making it more difficult to join educator associations such as ATPE.

recent article by the Texas Tribune put the Senate math in the context of the 2018 general election, and pointed out that the outcomes of a handful of races this November could have some very significant ramifications when it comes to the next legislative session.

Multiple senators who voted for vouchers and against teachers last session are currently up for reelection and facing serious challenges this November. The Texas Tribune highlighted three of the most high-profile races in which sitting senators now find themselves in the hot seat, in large part due to their past anti-public education votes: Sens. Don Huffines (R-Dallas), Konni Burton (R-Colleyville), and Joan Huffman (R-Houston).

If the lieutenant governor loses too many loyalists who’ve reliably cast votes against the interests of students and teachers, he won’t have enough votes to force through anti-education bills along party lines as he did last session.

In the latter case, members would be forced to work across party lines – and the balance of power would shift away from the lieutenant governor, giving individual members more freedom to vote in the interests of their constituents, rather than party leaders.

To make things even more uncertain, an unresolved dispute between Gov. Greg Abbott and retiring Sen. Sylvia Garcia (D-Houston) means the 2019 legislative session will begin with the Senate one seat short. That lowers the magic number for passing bills via one party’s super-majority to only 18.

It’s tempting to look at this all in terms of “Rs” and “Ds,” but that ignores important issues like public education, where there are Republicans who disagree with the lieutenant governor, but either don’t number enough to overcome the magic number or fear the lieutenant governor’s current absolute power. Changing the math changes both.

File it under the list of reasons this upcoming general election is important. Maybe your friends aren’t the type to get hyped up about voting. Maybe they just don’t find elections that exciting.

I offer an alternative appeal: Math!

Now that’s exciting!


Go to the CANDIDATES section of our Teach the Vote website to find out where officeholders and candidates in your area stand on this and other public education issues.

Remind your colleagues also about the importance of voting and making informed choices at the polls. While it is illegal to use school district resources (like your work e-mail) to communicate information that supports or opposes specific candidates or ballot measures, there is NO prohibition on sharing nonpartisan resources and general “get out of the vote” reminders about the election.

Early voting in the 2018 general election runs Monday, October 22, through Friday, November 2. Election Day is November 6, but there’s no reason to wait. Get out there and use your educator voice by casting your vote TODAY!