Category Archives: 86th Legislature

Highlights of the Feb. 2020 SBEC meeting

At their first meeting of the year, the certification board discussed rule changes to implement recently passed legislation, enact numerous technical updates, and approve new supplemental certifications in special education and bilingual education.

On Friday, February 21, 2020, the State Board for Educator Certification (SBEC) met for the first time this year and for the first time under the leadership of new Chairperson Dr. Arturo Cavazos (Superintendent of Harlingen CISD). The board discussed several agenda items, including allowing high school students to obtain the educational aide certificate, changes to contract abandonment rules, and educator preparation program (EPP) commendations.

Master Teachers

ATPE Lobbyist Andrea Chevalier testified before SBEC on Feb. 21, 2020.

On Friday, SBEC adopted the standard, four-year rule review of 19 Texas Administrative Code (TAC) Chapter 239, Student Services Certificates, voting to continue the existence of the chapter without changes. Chapter 239 specifies rules pertaining to the school counselor, school librarian, educational diagnostician, and reading specialist certificates. This chapter formerly housed the rules for the Master Teacher certificates, which were repealed by House Bill (HB) 3 of the 86th Legislature (2019). Master Teacher certificate holders will now find a “legacy” designation on their certificates and an expiration date five years from their last renewal. Unfortunately, these “legacy” certificates are non-renewable, which will leave some teachers unable to maintain their current teaching assignments.

ATPE Lobbyist Andrea Chevalier provided written and oral testimony today urging SBEC to exercise its authority to remedy this situation, specifically through the creation of new certificates that Master Teachers can transition into without having to pay additional fees. (See Andrea’s testimony here at 1:07:00 into the video.) ATPE previously submitted written testimony to the board on this topic at the October 2019 SBEC meeting, written and oral testimony at the December 2019 SBEC meeting, and submitted public comment to SBEC on the rule review earlier this month.

Rep. Dan Huberty addressed the Texas House during final passage of his House Bill 3 in May 2019.

Ahead of today’s meeting, Rep. Dan Huberty (R-Kingwood), who chairs the House Public Education Committee and authored HB 3, also sent a letter to SBEC members at ATPE’s request to clarify legislative intent behind the bill’s elimination of the Master Teacher certification statutes. Chairman Huberty wrote, “Our intent was never to abandon the expertise of these highly trained educators…. Holders of legacy master teacher certificates should be entitled to maintain their existing assignments without interruption, additional cost, or the need to seek additional certifications.”

Ultimately, the board agreed to allow TEA to present them with options to address the Master Teacher issue at the next SBEC meeting in May.

Other action items on the agenda:

The SBEC board adopted several changes to professional educator preparation and certification rules in 19 TAC Chapter 230. The rules will implement several bills by making changes such as removing master teacher certificates from the list of active certifications, reducing the time for certification test retakes from 45 to 30 days, and specifying that the Early Childhood: Prekindergarten-Grade 3 certificate cannot be obtained via certification by exam. Other changes will require candidates taking the intensive pre-service route to take the English as a Second Language Supplemental assessment before being issued an intern certificate and require requests for certificate corrections to be submitted within six weeks of the original date of issuance.

ATPE is pleased with a change in this chapter to allow the Educational Aide I certificate to be issued to high school students who have completed certain courses within the Education and Training career and technical education cluster. See the public comment ATPE previously submitted in support of this change here. TEA staff made some last minute changes to this item, including a delay on the implementation of testing changes to comply with HB 3 regarding the requirement to take the science of teaching reading exam. Staff said they will propose entirely new certificate names, such as “EC-3 Core Subjects with Science of Teaching Reading”.

SBEC also adopted revisions to general certification provisions and professional development rules in 19 TAC Chapter 232 to implement several bills passed by the 86th Legislature in 2019. These include continuing professional education instruction regarding mental health and substance abuse training (HB 18 and SB 11); training requirements for superintendents regarding sexual abuse and human trafficking (HB 403); and the removal of student loan default as grounds to deny the renewal of a certificate (SB 37). Edits will also be made to the National Criminal History Record process to update the rule with current technology and TEA practice. The chapter will also be simplified and reorganized as suggested by ATPE and other stakeholders.

The board took several actions relating to educator preparation programs (EPPs), including the approval of accreditation statuses under the 2018-19 Accountability System for Educator Preparation Programs (ASEP). Sixty percent of EPPs have an accredited status, 20% are accredited-warned, and 20% are on an accredited-probation status. SBEC also approved proposed 2018–19 commendations for EPPs, which complement the ASEP system by highlighting high-performing EPPs in three categories with indicators such as teacher retention and percentage of prepared teachers in shortage areas. Prairie View A&M University, Texas A&M International University, Baylor University, Austin Community College, and McClennan Community College all appear in the commendations multiple times, among others. The board voted to create a committee to review and evaluate EPP applications for a fourth category relating to innovative educator preparation, to be chaired by SBEC member Jose Rodriguez and include members Laurie Bricker, Shareefah Mason, and John Kelly. Lastly, the board approved an agreed order to close Intern Teacher ACP Alternative Certification Program, which decided to voluntarily close after lack of compliance with administrative rules.

SBEC also voted to formalize an already informal policy that non-voting members of the board may not make or second motions and may not serve as officers. The non-voting members of the board are an employee of TEA, and employee of the Texas Higher Education Coordinating Board, a dean of a college of education, and a person representing an alternative certification program.

Discussion only agenda items (no action taken):

At the July, October, and December 2019 SBEC meetings, the board discussed potential changes to contract abandonment rules for educators. After disagreements surfaced between stakeholders and board members, the board voted to split contract abandonment off from other rules being revised, saving it for future discussion after stakeholder meetings (in which ATPE was involved). Today, the board discussed proposed revisions that would add “change to a position that requires a new class of educator certification” (such as moving from teacher to counselor) to the definition of good cause for contract abandonment. Additionally, the changes would cross-reference the mitigating factors that the SBEC considers when evaluating a contract abandonment case. After several witnesses from both the teacher and administrator perspective shared their feedback on the proposed language, the board seemed to reach a near-consensus that the contract abandonment rules did not need to be altered.

The board also discussed proposed revisions to requirements for EPPs (19 TAC Chapter 228). The changes would simplify a table of requirements in the chapter; implement portions of HB 18 passed by the Legislature in 2019; authorize teaching sites outside of Texas under certain situations such as military assignment; provide admittance policy guidance to EPPs that are closing or consolidating; restrict a summer-only practicum unless it is part of a year-round school or extended year program; add language for a dismissal policy for candidates who violate the code of ethics; provide concise reasons that an EPP would no longer support a candidate in an internship; and clarify the number (three) and spacing of formal observations conducted during a practicum.

SBEC also discussed changes to certificate standards (19 TAC Chapter 235), including a TEA-recommended split certification for special education, with separate certificates for grades EC-6 and 6-12. TEA staff also presented information on two sets of supplemental certificate standards: one for bilingual Spanish, grades EC-12, that focuses on bilingualism, biliteracy, and biculturalism; and another for “DeafBlind” grades EC-12. The proposals reflect input from stakeholders in the bilingual and special education communities and from an April 2019 SBEC work group meeting.

TEA also updated the board on the EdTPA performance assessment pilot. Thirty-five applications have been submitted for Year Two of the pilot, including 16 from alternative certification programs. Two programs participating in Year One have submitted portfolios already and the rest of programs will submit theirs in the spring. Dr. Christina Ellis of Sam Houston State University gave an update on the T-TESS-based alternative pilot to the EdTPA pilot, stating that 13 EPPs are participating. Additionally, TEA staff updated SBEC on certification test development, stating that development of new health and physical education tests is delayed due to the State Board of Education’s (SBOE) work on revamping the standards.

In a final item, the board discussed proposed amendments to the criteria for personnel assignments (19 TAC Chapter 231) to add the word “legacy” to all master teacher certificate references and include new courses approved by the SBOE such as African-American studies.

Future meetings:

The upcoming SBEC meeting dates for 2020 are:

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

Educator resources for Holocaust Remembrance Week and related legislation

Hamburg classroom in 1933

First grade pupils study in a classroom in a public school in Hamburg, Germany, June 1933. Jewish pupil Eva Rosenbaum (with the white collar) is seated in the center desk on the right. On Dec. 12, 1938, Eva left for England on the second Kindertransport. —US Holocaust Memorial Museum, courtesy of Eva Rosenbaum Abraham-Podietz. Photo sourced from the USHMM Website.

For those of us who are old enough, we may have heard stories from our grandparents or parents about the unimaginable death and sadness of the Holocaust. My grandfather was a Belgian paratrooper for the Allies and told us painful, often angry accounts of his time before and during service. I visited the United States Holocaust Memorial Museum in Washington, D.C. a couple of summers ago. While I traversed the permanent exhibit, I came across photos and descriptions of teachers who had lost their lives due to their profession, which had become politicized, and due to their commitment to their students, often taking great risks to hide children. As a former teacher, this hit home particularly hard. While we mourn the victims of this tragic time in our past, it is important that our students know the significance of the Holocaust as we say, “Never again.”

This week in Washington, DC, the U.S. House passed H.R. 943, referred to as the “Never Again Education Act” to provide grants and resources for Holocaust education programs. The legislation by Rep. Carolyn Maloney (D-New York) has numerous bipartisan co-sponsors, including the following members of the Texas Congressional delegation: Reps. Colin Allred (D), Brian Babin (R), Joaquin Castro (D), Dan Crenshaw (R), Henry Cuellar (D), Lizzie Fletcher (D), Bill Flores (R), Sylvia Garcia (D), Vicente Gonzalez (D), Lance Gooden (R), Kay Granger (R), Will Hurd (R), Sheila Jackson Lee (D), Kenny Marchant (R), Michael McCaul (R), Pete Olson (R), Van Taylor (R), Marc Veasey (D), Filemon Vela, Jr. (D), Randy Weber (R), Roger Williams (R), and Ron Wright (R). ATPE members can follow this bill’s progress on Advocacy Central.

In 2019, the 86th Texas Legislature passed Senate Bill (SB) 1828 by Sen. José Menéndez (D-San Antonio), which directs the Texas Holocaust and Genocide Commission (THGC) to provide materials for a statewide Holocaust Remembrance Week, beginning with this school year (2019-2020). Governor Greg Abbott (R) chose this week of Jan. 27-31, 2020, for Texas to observe Holocaust Remembrance Week, due to January 27th’s significance as International Holocaust Remembrance Day and the day that the most infamous concentration camp, Auschwitz, was liberated by Allied troops.

As also featured on the ATPE blog, the THGC has listed Holocaust Remembrance Week resources on its web page for this week and future Holocaust Remembrance Weeks. Additionally, Texas is home to several Holocaust Museums:

The United States Holocaust Memorial Museum website also has several resources specifically for teachers, students, and an online exhibition.

Commissioner presents SBOE with annual report

Texas Commissioner of Education Mike Morath addressed the State Board of Education (SBOE) Tuesday, Jan. 28, 2019, as part of the board’s week-long January meeting. Commissioner Morath presented the 15-member body with the annual “state of education” report from the Texas Education Agency (TEA). View a copy of his presentation to the board here.

Texas SBOE meeting, Jan. 28, 2020

According to the agency, House Bill (HB) 3, the major school finance reform bill enacted in 2019, produced a $3.4 billion net increase in public education spending by the state. The report showed slight increases in STAAR scores and graduation rates, as well as a one percent decrease in college enrollment. Texas remains 42nd in the nation in 4th grade reading scores on the National Assessment of Educational Progress (NAEP), as well as 46th in 8th grade reading, 12th in 4th grade math, and 32nd in 8th grade math. Texas ranked 36th in per-pupil funding for the 2017-18 school year, which is consistent with long-term trends in the level at which Texas invests in public schools.

SBOE Member Tom Maynard (R-Florence) questioned the use of the NAEP to evaluate statewide performance. Maynard asked, “Is there a better evaluation at least for us, as a measure of how we’re doing overall?” Responding to a separate question about how Texas compares to other states, Morath suggested that ranking public school systems by the amount being spent is not a good determinant of school quality.

Member Pat Hardy (R-Fort Worth) noted that many teachers around the state have grown increasingly frustrated by administrative duties, testing, and other tasks that take up their time and reduce the amount of attention they are able to spend on teaching. Hardy suggested that TEA increase campus audits to ensure that schools are complying with rules intended to address this.

Member Georgina Perez (D-El Paso) pressed Commissioner Morath on new charter application rules that provide for the automatic approval of expansions of existing charters. The commissioner responded that there would be no automatic expansions, and conceded that language in the rules may need to be adjusted in order to avoid that perception.

The commissioner responded to questions regarding a readability study of the STAAR test ordered by the legislature last year. The mandate was the result of research showing that questions on the test were often written at a reading level above the grade level for which the test was intended. The recent readability study suggested the test was still misaligned, but Morath said the agency is making adjustments to the STAAR as a result of the study.

Stay tuned to Teach the Vote for additional updates as the SBOE continues its meetings this week.

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

There is just over one week left to ensure you are registered to vote! After you have your voting plan ready, sit back, relax, and check out this week’s education news from the ATPE Governmental Relations team.


ELECTION UPDATE: Early voting for the special election runoffs has been going on this week and continues through today with the election wrapping up next Tuesday, January 28.  So far turnout for most of these elections has been low. In House District (HD) 148, for example, fewer than 500 people had voted either in person or by mail through the first three days of early voting. Even in the race to represent HD 28, the most hotly contested of the races, only about 2000 votes had been cast, a small minority of the districts total registered voters. ATPE Lobbyist Mark Wiggins looks at more of the trends in the HD 28 race in this week’s Election Roundup.

With such low turnout in this sort of election, every vote cast is hugely important. We encourage all educators and public education supporters to vote in every election for which they are eligible. For more information on the special election candidates see our recent blog post by ATPE Government Relations Director Jennifer Mitchell.

As soon as the special elections wrap up next week all eyes will turn to the Texas primary elections. Early voting for the primary starts in just over three weeks, February 18, 2020, with election day two weeks later on March 3, 2020.

Remember that the deadline to register to vote in the primaries is Feb. 3. You can verify your voter registration status here.

As the primaries get closer, here are some helpful resources for educators and the general public:

  • Learn more about the candidates by checking out their profiles here on Teach the Vote. All candidates running in 2020 for the Texas House or Senate or the State Board of Education are featured on our website, with their answers to the ATPE Candidate Survey (where available) and existing legislators’ voting records on education issues.
  • TexasEducatorsVote.com is another great source for election-related resources, advice, and voting reminders.
  • Additionally, check out the upcoming candidate forums around the state, kicking off next Friday January 29, being sponsored by the Raise Your Hand Texas Foundation. Click here for details and the full list of their “For the Future” town hall events beginning this month.

 


The United States Supreme Court heard oral arguments in Espinoza v. Montana Department of Revenue this week. The case centers on a voucher proposal passed by the Montana legislature that was subsequently stuck down by Montana’s supreme court for violating that state’s constitutional provisions against the use of public funding for religious schools. Check out this post on SCOTUSblog.com for more insights on the oral arguments. A decision in the case is expected by this summer.


Thank you to all ATPE members who answered our first “Your Voice” survey this winter on Advocacy Central. The results provided valuable insight into which policy issues our members want lawmakers to work on in the future. For a closer look at the issues ranked highest, check out this blog post from ATPE Lobbyist Andrea Chevalier.


 

Breaking news: Capriglione appointed chairman of House Appropriations

Rep. Giovanni Capriglione

Today, state Rep. Giovanni Capriglione (R-Southlake) was appointed chairman of the House Appropriations Committee by Speaker Dennis Bonnen. The appointment was made in the wake of former Chairman John Zerwas’s (R-Fulshear) retirement from the legislature. Rep. Capriglione will remain the chairman of the Appropriations Committee until the next legislative session, when a new speaker will be chosen and new committee assignments will be made.

Rep. Capriglione is a small business owner and has an extensive professional background in finance and investment. As part of their duties, the House Appropriations Committee deliberates on and approves the billions of dollars necessary to fund our Texas public schools. ATPE congratulates Rep. Capriglione on his appointment and wishes him well!

STAAR readability study, part one, released

Yesterday, the University of Texas at Austin Meadows Center for Preventing Educational Risk released part one of the State of Texas Assessments of Academic Readiness (STAAR) readability study required by the 86th Legislature’s House Bill (HB) 3. The mandated study follows numerous reports that STAAR test items were above the reading level of students taking the test, such as this peer-reviewed study by Texas A&M University-Commerce researchers.

Here are the three main questions of the study and the answers gathered by its authors:

Question 1: Are the items on the 2019 STAAR tests (and the tests as a whole) aligned to grade-level Texas Essential Knowledge and Skills (TEKS)?

Answer: The TEKS that each test item is precoded to match are mostly in alignment. Across all 17 tests analyzed, eight questions were not in alignment, which means that the question did not adequately assess the standards it was meant to address. As for the test as a whole, all questions were found to be in alignment with grade-level TEKS.

Question 2: Are the items on the tests at a grade-appropriate readability level?

Answer: Due to a lack of research in the area, the authors used several different methods to try to measure the readability of each test item. For each method, the researchers obtained different results, which meant that none of the methods were reliable indicators of readability. Therefore, the study is inconclusive about the grade-level readability of test items and provides no further insight in this area. Because parents and advocates have expressed concerns with the readability of mathematics test items, this lack of findings is rather unsatisfying.

Question 3: Are the passages on the reading and writing tests at a grade-appropriate readability level?

Answer: The authors developed their own “test” to determine if a passage was grade-level appropriate in readability. In order to pass the test, each passage had to meet two out of three measures: sentence length and difficulty, syntactic simplicity or “syntax,” and vocabulary load or “narrativity.” For syntax and narrativity, the authors used a measure called “Coh-Metrix” that can either be based on English/Language Arts (ELA) norms or social studies norms, depending on the genre of the text.

While many passages met grade-level for sentence length/difficulty and syntax, only 31% of passages fell within or below the specified grade band for narrativity when using the ELA norms. However, because each passage only had to meet two out of the three criteria, 86% of writing and reading passages were found to be grade-appropriate. Additionally, the authors stipulate that the passages are more of the informational genre and thus could be evaluated using the social studies norms, which produces higher readability results, yet still comparatively low in the narrativity index.

What’s next?

This study leaves many questions unanswered. Is it acceptable that some test items are not correctly aligned to the TEKS? Are the STAAR test items, such as those on the mathematics tests, at the appropriate readability level? Is the 2/3 criteria test valid when it allows for narrativity to slip through the cracks? Is it good practice to allow for the majority of a test to use vocabulary that is outside the scope of commonly used language for a particular grade level?

The second part of this legislatively mandated study should surface by February 1, 2020. Stay tuned to ATPE’s Teach the Vote as we track the implementation of this important provision in HB 3. Read more about changes to student testing that resulted from the 2019 legislative session here and here on our blog.

Breaking news: Texas House Speaker releases interim charges

Texas House Speaker Dennis Bonnen (R-Angleton) released the 86th Legislature’s interim committee charges for the House of Representatives today. Over the course of the next year, House committees will meet to discuss and hear from stakeholders on these issues, ultimately preparing a report before the start of the next legislative session. In the committee charges cover letter, the speaker also announces that he will create, “several Select Committees addressing issues of extraordinary interest and concern.” The ATPE Governmental Relations team will be monitoring the work of these committees.

ATPE’s lobbyists have reviewed the interim charges and will be following those that are of importance to our members and giving testimony when possible. In particular, the House Committee on Public Education will monitor legislation from the 2019 legislative session, including House Bill 3 and various accountability bills from this and previous sessions. Additionally, the committee will discuss digital learning options and the Virtual School Network, as well as looking broadly at monitoring and improving special education.

The House Committee on State Affairs has also been charged with studying “how governmental entities use public funds for political lobbying purposes.” ATPE will be monitoring the committee’s review of this topic, which was the subject of a major legislative battle last session and could impact how school districts participate in legislative advocacy efforts.

Stay informed with Teach the Vote as the House committees begin to work on their interim charges. Click here to read about the Senate’s interim charges that were released last month.

Exploring legislators’ 2019 voting records on education: Part II

As part of our officeholder profiles featured here on TeachtheVote.org, ATPE recently published a series of record votes taken by state legislators during the 2019 legislative session. In Part I of this two-part feature on our blog, we shared information about the education-related bills on which those votes were taken, explaining their significance during a legislative session that was heavily centered around school finance and public education. In Part II, we’re offering a closer look at how the record vote information was compiled by the ATPE lobby team and what insights may be gained from viewing the voting histories. Read more about our process, and then discover how your legislators voted on public education bills this year. Use our search page on Teach the Vote to view the profile of any legislator.

How are record votes useful, and what are their limitations?

There are several organizations that track record votes during a legislative session. Some groups issue scorecards or assign grades to legislators based on how well their votes aligned with that particular organization’s legislative agenda. Some entities use those scorecards to make decisions about campaign contributions or endorsements during an election cycle that follows the legislative session. ATPE does not calculate scores or assign grades to legislators. We focus our efforts more on collecting data that we believe can be useful to constituents in analyzing their lawmakers’ actions. Just as legislators’ responses to our ATPE Candidate Survey may help explain their views on public education issues to voters, the voting records also provide insight into how a lawmaker has approached public education bills in the past or may vote on similar issues in the future. All of that information can help voters who care about public education make informed decisions at the polls, but the data may also provide a starting point for year-round conversations between educators and their lawmakers, which are key to building collaborations and working together to meet the needs of public schools, students, and educators.

Senate Legislative Process (click to open a larger version)

ATPE’s lobbyists caution that recorded votes offer only one data point among many for examination of a lawmaker’s tenure and treatment of public education. There are a number of reasons why a lawmaker’s vote on a single bill may not tell the whole story. For one thing, recorded votes are relatively few. So much negotiation on bills takes place behind the scenes, with bill authors carefully gauging support for their proposals and typically ensuring that they have enough votes to pass a bill before it ever reaches the floor of the House or Senate. In many cases, by the time a bill hits the floor there is ample agreement for the measure to pass unanimously or by a simple voice vote. We do still include some unanimous votes on our Teach the Vote legislator profiles when the bills are major ones deemed to be of great interest to our readers. With so much work being done behind the scenes, it’s good to remember that legislators have additional opportunities to support and show leadership on public education issues by shepherding those bills through the process in ways that are rarely seen by the public and not recorded in any official manner.

House Legislative Process (click to open a larger version)

Another thing to bear in mind about record votes is that there are multiple floor votes taken on each bill that ultimately makes it to the governor’s desk. The state’s legislative process calls for bills to be read three times in each chamber, with the House and Senate both voting on the measures at the second and third reading stages. When the two chambers approve competing versions of the same bill, a conference committee is appointed to work out the differences and recommend a final negotiated version, which then must be voted on again by the House and Senate. Sometimes a conference committee is authorized to “go outside the bounds” of the bills passed by each chamber and may add new language, which then makes the final vote on approving the conference committee report (the final version of the bill) more significant. More commonly, however, there is near unanimous agreement on adopting the conference committee report for a bill, since it represents a compromise worked out between the two chambers.

Not every bill ends up in a conference committee, of course. When the House and Senate both approve a bill on third reading, and when the language passed by both chambers is identical, that sends the bill to the governor. Most votes featured in the voting records that you see on Teach the Vote are pulled from second and/or third reading results. The bulk of a bill’s floor debate happens on second reading, often making that vote the most significant one. Once past the second reading stage, bills are rarely amended or even debated substantively on third reading. There is frequently little to no difference between the votes cast on second reading and the votes cast on third reading. When the second and third reading votes on a bill are virtually identical, ATPE’s lobbyists often showcase the third reading vote on the legislator’s voting record since it is a more final vote by the House or Senate and the one that either sends the bill forward to the other chamber or on to the Governor’s desk. When there are noteworthy differences between what happens on the second and third readings, for instance when a bill gets amended between the two votes, ATPE notes this in our explanations of the vote.

For all of the votes we highlight on the Teach the Vote legislator profiles, we take our data from the House and Senate journals, which are considered the official records. ATPE provides links to the specific pages in the journals where the votes are documented, enabling our readers to see the backup documentation for our material along with additional information, such as transcripts of some floor debates when requested by legislators. Using the journals as our official resource for record votes enables us to share those additional insights about legislative intent.

Also in the journal are notations requested by legislators to be added to the record after the vote. For example, it is not uncommon for a legislator to be marked as absent during any given vote. This may be an excused absence, such as when a legislator misses an entire day of legislative activity on account of an urgent need back home, or merely a temporary absence from the chamber. Anyone who has visited the Capitol during a session knows that there is always a lot of activity taking place, and there are times during a long day or night when a lawmaker needs (or chooses) to step away from their desk, possibly missing a record vote. In those instances, the legislators may request a note in the journal to indicate how they would have voted on the bill had they been present. Another phenomenon that occurs regularly in the House, where votes are entered via buttons on the representative’s desk and recorded electronically, is the “machine malfunction.” The representative may request a notation in the journal to say that he or she intended to vote “yes” but was recorded as voting “no” or vice versa. These notes do not change the official voting record or outcome, but can lend insight as to the legislator’s intent. Whether the voting machine actually malfunctioned or the legislator’s mind was merely changed after seeing the final vote tally is a matter of interpretation. ATPE’s lobbyists believe these postscripts can be instructive to constituents or perhaps spark a dialogue with their representative, which is why we share this information along with the official record votes.

For all but the freshmen legislators, we have included historical voting records on Teach the Vote, which you’ll see below the most recent session’s votes. These go back as far as 2013, which was the first session in which ATPE published voting histories on Teach the Vote. Also, because there are a fair number of state senators who began their legislative careers as state representatives, we’ve made an effort to include their prior House voting records in addition to their record votes in the Senate. We believe these historical voting records, where available, can be helpful in examining an elected official’s position over time.

We hope you will take a look at how your legislators voted in the 2019 legislative session and use that information for dialogue during the legislative interim and for candidate research for the next election cycle. For additional information about ATPE’s voting records provided on Teach the Vote, contact the ATPE Governmental Relations department.

Exploring legislators’ 2019 voting records on education: Part I

Last week on TeachtheVote.org, ATPE published a series of voting records for all Texas state lawmakers, analyzing their actions taken on significant education-related legislation. This blog post is Part I of a two-part feature on the record votes. Here, we’re taking a closer look at how the ATPE lobby team analyzed and chose the record votes that are featured on the legislators’ profiles.

Which bills are featured in the 2019 legislative voting records on Teach the Vote, and why were they chosen?

Without question, the most significant bill debated and ultimately passed by the 86th Texas Legislature this year was House Bill (HB) 3 by Rep. Dan Huberty (R-Kingwood). This major school finance and public education reform bill, deemed the top priority of the session, resulted in $6.5 billion in increased funding for public education and $5 billion for property tax relief. ATPE’s lobbyists have written extensively about the omnibus bill here on our Teach the Vote blog, and the Texas Education Agency (TEA) has also dedicated a set of online resources to helping Texans understand the many components of the bill. With its high profile, HB 3 figures prominently in the 2019 record votes compiled by ATPE. We’ve selected both the House’s and Senate’s votes on HB 3 on “third reading” as the first record vote featured in this year’s list for Teach the Vote.

There are also a few votes on floor amendments to HB 3 that made our list this year. On the House side, we’ve provided representatives’ votes on House Floor Amendment #15 to HB 3, which dealt with charter school transparency and efficiency. The amendment by Rep. Ernest Bailes (R-Shepherd), which passed and was incorporated into the House’s version of HB 3 but later stripped out by the Senate, requires charter schools to undergo an audit of their fiscal management. The Bailes amendment would have required such an audit to be conducted before a charter could expand or open new campuses, and it also called for charter schools to share the results of those audits publicly on their websites.

For senators, we similarly tracked their votes on three amendments to HB 3:

  • Senate Floor Amendment #8 by Sen. Jose Menendez (D-San Antonio) attempted to remove from the Senate’s version of HB 3 a controversial merit pay program that ATPE and most of the education community opposed.
  • Senate Floor Amendment #30 by Sen. Judith Zaffirini (D-Laredo) also failed to pass but aimed to provide a guaranteed pay raise for all professional public school employees. While teacher pay was another high-profile issue debated throughout the 2019 legislative session, most discussions about pay raises at that point in the session had been limited to classroom teachers and librarians.
  • Also, Senate Floor Amendment #66 by Sen. Jose Menendez (D-San Antonio) was an unsuccessful attempt to add language to the Senate’s version of HB 3 to ensure that state standardized tests were written at the appropriate grade level. Testing was also a subject of great importance to the education community during the legislative session, particularly after studies found that certain test questions on the STAAR test had been written at reading levels well above the grade level being tested. Although the Menendez floor amendment did not get approved by the Senate, another bill passed during the 2019 legislative session (HB 3906) requires a study of STAAR readability, and results of that study should be released beginning in December.

HB 3 ultimately included some additional funding for increasing educator compensation, but it was not the only bill pertaining to teacher pay that lawmakers debated in 2019. Early in the session, the Senate rallied behind Senate Bill (SB) 3 by Sen. Jane Nelson (R-Flower Mound), which Lt. Gov. Dan Patrick (R) pledged would be one of the first bills passed by the full Senate in 2019. Although SB 3 was later rejected in favor of the alternative compensation-related language in HB 3, we’ve included the Senate’s third reading vote on SB 3 in our list of record votes due to its early significance.

ATPE also supported a stand-alone bill in 2019 that was designed to fund and strengthen mentoring programs for teachers. The House’s third reading vote on HB 102 by Rep. Diego Bernal (D-San Antonio) made our list of record votes this year. HB 102 did not get heard in the Senate, but its language was later incorporated into HB 3.

Another piece of legislation related to educator quality produced one of the record votes published on Teach the Vote this year. The House voted to approve HB 1276 by Rep. Jon Rosenthal (D-Houston) on third reading. HB 1276 was designed to prevent elementary grade students from being assigned for two consecutive school years to teachers who had less than one year of teaching experience or teachers who were not certified in the subject being taught as part of the foundation curriculum. Exceptions would have been provided under HB 1276 for new transfer students and for students whose parent or guardian consents to the non-compliant placement. Also, the bill would not have applied to school districts serving fewer than 5,000 students, those exempted under the District of Innovation (DOI) law, or those districts that received a hardship waiver from the commissioner of education. Unfortunately, this ATPE-supported bill did not get heard in the Senate.

School safety was another high priority issue debated during the 2019 legislative session. The key piece of legislation on keeping schools safe was SB 11 by Sen. Larry Taylor (R-Friendswood), aimed at driving funding to implement school safety improvements and provide mental health resources. We’ve featured on our website the third reading vote taken on this bill in both the House and Senate chambers. Also on our list is the House’s treatment of House Floor Amendment #8 by Rep. Steve Allison (R-San Antonio) to SB 11, aimed at improving mental health support by requiring the state to identify regional resources that schools could use to address their students’ mental health needs. Legislators were considering a number of different measures pertaining to mental health resources in the context of the debate about school safety. Particularly in the House, some lawmakers were openly skeptical of efforts to link students with outside mental health professionals, worried about privacy concerns, and generally opposed to perceived government overreach. The controversy surrounding those issues had seemingly killed another high-priority bill aimed at addressing mental health earlier on the same evening that SB 11 was being debated. House leaders used Rep. Allison’s floor amendment as a vehicle for resurrecting the lost bill. Thus, Allison’s original amendment to SB 11 passed, was reconsidered, got amended to include language from the other mental health bill that had already been voted down, and then Floor Amendment #8 passed again. We provided data on both votes approving Floor Amendment #8 since there were some representatives who opted to change their position on the Allison amendment after it was expanded.

The Teacher Retirement System (TRS) also garnered attention during the 2019 session and was an ATPE legislative priority. Lawmakers approved Senate Bill 12 by Sen. Joan Huffman (R-Houston), which increased the contribution rates for the TRS pension fund. ATPE included the third reading votes on this bill taken by both the House and Senate among our record votes compilation. The legislature’s passage of SB 12 resulted in immediate actuarial solvency for the fund, which made it possible for TRS to issue a one-time 13th check to retirees in Sept. 2019. Read more about the TRS bill here.

Another ATPE legislative priority for 2019 was opposing vouchers and stopping the privatization of public schools in any form. Few voucher bills were considered this session, but the full Senate did take a vote on Sen. Taylor’s SB 1455, which we included on our list of record votes. The bill would have expanded full-time virtual schools and created a “virtual voucher.” Despite passing the Senate, SB 1455 did not make it out of a committee on the House side.

The House also took a record vote on HB 1133 by Rep. Jonathan Stickland (R-Bedford), which is included on our list. That bill produced one of the most dramatic debates but did not garner enough votes to pass the House. HB 1133 would have weakened the existing 22:1 cap on elementary school class sizes by moving to a campus-wide, grade-level average. Many ATPE members reached out to their legislators in opposition to this bill, which would have allowed class sizes in the lower grades to dramatically expand.

Finally, there are a few record votes on our list this year that pertain to efforts to restrict legislative advocacy by school districts or dissuade educators from being politically active. One such bill was SB 1569 by Sen. Pat Fallon (R-Prosper), which the Senate voted to approve on third reading but the House left pending in committee. ATPE staunchly opposed SB 1569, which would have restricted educators’ First Amendment rights to engage in political speech, limited their ability to teach students about elections, and unreasonably subjected educators to criminal penalties. Another troubling bill was SB 29 by Sen. Bob Hall (R-Edgewood), which tried to prohibit school districts and other local governmental entities from funding legislative advocacy efforts or paying membership dues to organizations that engage in legislative advocacy. SB 29 made our record votes list in two places. First, the Senate voted to approve the bill on third reading. Later, the House voted the bill down. Interestingly, the vote to defeat SB 29 on the House floor became even more significant after the legislative session ended, when certain Republican lawmakers who opposed the bill were seemingly targeted for retribution by their own party leadership in a taped discussion between House Speaker Dennis Bonnen and the head of the controversial dark money group, Empower Texans. The scandal resulted in Bonnen’s announcing that he would not seek re-election, opening the door for election of a new speaker when the 2021 legislative session convenes.

In any legislative session, there are limited votes taken on the record, offering relatively few options for us to showcase how individual legislators voted on education-related bills. However, we believe the votes listed above offer an informative glimpse into the treatment of public education by the 86th Texas Legislature, and we invite you to check out how your legislators voted by looking them up on our search page here on Teach the Vote. Stay tuned to Teach the Vote for Part II of this blog feature where the ATPE lobbyists will explain more about the usefulness and limitations of record votes in general.

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

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


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

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


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


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


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

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


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

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


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