Category Archives: 86th Legislature

New School Year, New Laws: Compensation Update

Welcome to our final blog post in ATPE’s “New School Year, New Laws” blog series for Teach the Vote. In last week’s post, we summarized new laws that will impact charter schools. This week, we will investigate how the changes to funding and compensation in House Bill (HB) 3 are being implemented in several school districts across the state.

HB 3 by Rep. Dan Huberty (R-Kingwood), the major school finance bill passed earlier this year, included some important provisions aimed at increasing compensation for many educators. More specifically, lawmakers required that school districts use 30% of their increase in funding under the bill to increase compensation for full-time district employees, excluding administrators. Of that dollar amount, 75% must be spent on compensation for full-time, certified teachers, librarians, nurses, and counselors. The other 25% can be used to improve compensation for other full-time employees. HB 3 also specifies that there should be a prioritization for teachers, librarians, nurses, and counselors with more than five years of experience, but the bill largely leaves this open for interpretation at the local level.

The combination of differences in how much additional funding each district gets and the flexibility districts have to create unique compensation packages makes it very important for us to gain a “lay of the land” in our current post-HB 3 environment. In this post we have summarized what some districts are doing by gathering news articles and information from district websites. The charts below break down some of dollar figures and percentages by which the districts shown are increasing educator compensation as a result of HB 3.


Lubbock-Cooper ISD, Region 17:

Up to 5 yrs. of exp. (teachers) 5.68%, avg.
6-25 yrs. of exp. (teachers) 8.71%, avg.
All other employees 3%
Beginning teacher salary Increased to $40,000

With a 2018-19 average teaching salary of just over $45,000, we estimate that the LCISD’s average pay raise of 8.08% is about $3,640.


Klein ISD, Region 4:

Up to 5 yrs. of exp. (teachers, counselors, librarians, and nurses) 5.25% ($4,950)
6+ yrs. of exp. (teachers, counselors, librarians, and nurses) 5.5% ($5,050)
All other employees 4%
Beginning teacher salary Increased from $52,600 to $55,500
Healthcare $300 one-time payment for eligible, full-time employees who are returning

Klein ISD will also provide a retention incentive to teachers, counselors, librarians, and nurses who were employed in the district on May 31 of the previous year and are returning. This incentive is in the form of a one-time payment of $1,500. All other previously employed full-time employees who are returning to the district will receive $1,000. The district has built in similar retention and healthcare payments at reduced rates for those who work less than full-time.


Clear Creek ISD, Region 4:

Up to 4 yrs. of exp. (teachers, counselors, librarians, and nurses) 4%
5+ yrs. of exp. (teachers, counselors, librarians and nurses) 4.25%
All other employees 3.50%
Beginning teacher salary Increased from $53,600 to $55,750
Healthcare (TRS-Active) Increase district contribution by $10/month
Bus drivers Increase wage from $16.83/hr to $19/hr

Clear Creek is also implementing an “honors teacher experience” program, in which teachers who reach milestones such as 5, 10, 15, etc. years of experience can receive additional compensation of up to $2,800. This could result in a total pay raise of 9.49% for some teachers. The district is also adding staff, especially in special education and is implementing safety and security upgrades.


San Marcos CISD, Region 13:

Up to 5 yrs. of exp. (teachers, counselors, librarians and nurses) 3% ($1,562)
6+ yrs. of exp. (teachers, counselors, librarians and nurses) 4% ($2,113)
All other employees 6%
Administrators 3% ($2,113)
Beginning teacher salary Increased to $49,662

Fort Worth ISD, Region 11: 

Up to 5 yrs. of exp. (teachers) 5.8%, avg.
6-15 yrs. of exp. (teachers) 6.9%, avg.
15+ yrs. of exp. (teachers) 6.1%, avg
Counselors, nurses, librarians 5%
All other full-time 3%
Administrators Greater of 3% or 3% of midpoint
Beginning teacher salary Increased from $53,000 to $54,000

What does it all mean?

There are over 1,000 school districts in Texas, each with varied funding under HB 3. In some cases, the bill may have even provided districts with the same or less funding if not for a hold harmless provision in the bill (which expires after the 2023-24 school year). Considering this and the fact that each district also has different needs and economic factors affecting compensation, the implementation of raises is going to be varied all over Texas. Among the districts we read about, teacher salaries were raised from 3% to 9.5%. To keep up with inflation, basic yearly pay raises in other professions typically hover around 3%. We know from district salary schedules, such as this one from Leander ISD, that typical step increases are closer to 1%. With this in mind, the impact of HB 3 in some districts may have been that teachers simply got the standard raise necessary to keep up with the cost of living.

What’s next? Stay engaged!

It is important to note that there have been reports of districts that have under-calculated what they would receive in HB 3 funding, which impacts the amount they are required to spend on compensation. Additionally, some districts have relied almost exclusively on one-time stipends, which are less stable and do not necessarily count toward compensation for purposes of TRS or the amount an educator will receive for their retirement pension. ATPE is working with state officials to solve these issues so that districts comply with HB 3’s efforts to increase educator compensation.

Across the sources we gathered, it seems that district leaders are happy to have the raise but still think that there are further improvements to be made. Clear Creek ISD Deputy Superintendent Paul McLarty wants to see more from the state, like getting closer to a 50-50 split between local and state funding. Klein ISD Superintendent Dr. Jenny McGown remarks that the state is still ranked 41st in the nation in spending. Lubbock-Cooper ISD Superintendent Keith Bryant says that he would like to eventually be able to provide teachers with a competitive wage.

ATPE agrees with these sentiments and urges educators to return to the polls during the 2020 primary and general elections when voters will have a chance to decide who will represent them in the next legislative session. The raises for educators and public education funding increases that resulted from the 2019 legislative session are a direct result of educators’ votes in the 2018 elections. Stay connected and engaged by following Teach the Vote, ATPE, and ATPE lobbyists on Twitter using the handles @OfficialATPE, @TeachTheVote, @ATPE_JenniferM, @ATPE_AndreaC, @MarkWigginsTX, and @ATPE_MontyE.


Thank you for joining us on Teach the Vote to learn about how new laws enacted in the 86th Texas legislative session will impact you. ATPE created this series because we believe it is vitally important for educators to make sure they know and understand the laws that govern their profession and affect their classrooms. For more information on new laws impacting public education in Texas, be sure to check out ATPE’s comprehensive report, “Know the Law: An Educator’s Guide to Changes Enacted by the 86th Texas Legislature,” created by the experienced staff of ATPE’s Member Legal Services department.

New School Year, New Laws: Charter Schools

In last week’s “New School Year, New Laws” blog post, we discussed changes to pension and retirement benefits for Texas public school educators. This week, we will discuss legislative changes made during the 86th legislative session that will impact charter schools in Texas. The 2019 legislative session saw a number of bills filed and debated regarding charter schools, both from charter proponents looking to expand the footprint of charters in Texas and from those hoping to impose additional restraints and regulations on charter schools. Below is a look at the charter-related bills that passed this year.

House Bill (HB) 1051 by Rep. Gary VanDeaver (R-New Boston): Goodwill Excel Center

HB 1051 makes permanent the Goodwill Excel Center, an adult high school diploma and industry certification charter school pilot program, and codifies its best practices. The Goodwill Excel Center is a charter school that has resulted in improved outcomes for older students who are in unique circumstances and need a more flexible school setting. This law became effective immediately upon its passage earlier this year.

HB 2190 by Rep. Todd Hunter (R-Corpus Christi): Children of charter employees

HB 2190 allows children of charter school employees to attend the charter school in which their parents work, regardless of where they live. This bill also took effect immediately.

HB 4205 by Rep. Tom Craddick (R-Midland): Charter operation of re-purposed campuses

HB 4205 is a two-part bill that includes provisions regarding repurposed schools as well as school turnaround. The portion of the bill dealing with repurposed campuses allows for large charter operators to repurpose a public school district campus that has been closed. The new school operator is required to admit the same students who were at the campus before it was closed. The author of this bill referenced a Midland campus as the impetus for the idea. This bill became effective immediately.

HB 4258 by Rep. Jim Murphy (R-Houston), co-authored by Rep. Barbara Gervin-Hawkins (D-San Antonio): Charter school bonds

HB 4258 provides the attorney general with the sole authority to approve the tax-exempt status of charter school bonds, nixing the previous authority held by municipalities. Charter supporters contended that municipalities could prevent charter schools from expanding by withholding the tax-exempt status of the charter school bond. This bill became effective immediately.

SB 372 by Sen. Donna Campbell (R-New Braunfels): School safety in charters

SB 372 allows charter governing bodies to employ security personnel, commission peace officers, and enter into agreements with law enforcement to assign school resource officers to charter schools. The bill created parity by giving charter school governing bodies access to the same safety resources already available to boards of trustees for traditional public schools. This law became effective immediately.

SB 2293 by Sen. Pat Fallon (R-Prosper): Charter employees and common application

SB 2293 subjects charter school employees to the same collective bargaining prohibitions and anti-striking laws that apply to all other public school employees. SB 2293 also creates a common application to be used for charter school admission throughout the state and a requirement that the Texas Education Agency (TEA) maintain and report on the “charter waiting list.” Charter proponents have often cited claims of a massive list of students who are waiting for slots in a charter school as justification for expanding charters in Texas; however, no such statewide list has been shared. ATPE will be monitoring the rule-making process for the development and implementation of the common application and charter reporting.

 


Visit Teach the Vote next week for our next “New School Year, New Laws” blog series update post on funding and compensation changes that resulted from the 2019 legislative session. ATPE believes it is vitally important for educators to make sure they know and understand the laws that govern their profession and affect their classrooms. For even more information on new laws impacting public education in Texas, be sure to check out ATPE’s comprehensive report, “Know the Law: An Educator’s Guide to Changes Enacted by the 86th Texas Legislature,” created by the experienced staff of ATPE’s Member Legal Services department.

New School Year, New Laws: Retirement Benefits

In last week’s “New School Year, New Laws” blog post, we discussed changes to the ethical and professional responsibilities of Texas public school educators. These included big changes to reporting requirements for non-certified employees and the creation of a “do-not-hire” registry. This week, we will shift gears to talk about educator pensions and retirement benefits, which also saw major changes as a result of the 2019 legislative session.

Senate Bill (SB) 12 by Sen. Joan Huffman (R-Houston): Increasing funds for TRS

SB 12 was the most important bill for improving the Teacher Retirement System (TRS) that was passed during the 86th legislative session. ATPE supported SB 12 because it infused enough additional funding into the TRS pension fund in order to make it “actuarially sound.” This also made possible the issuance of a 13th check of up to $2,000 to retirees last month. SB 12’s changes also make it more likely that the TRS will be able to offer a cost of living adjustment (COLA) in the next two to four years, which could provide a much-needed permanent increase in benefits to current and future retirees.

Actuarial soundness was achieved by gradually increasing the state, educator, and school district contributions to the fund over the next six years. Through these increased contributions, SB 12 lowered the time frame needed to pay off the unfunded liability of the TRS pension fund to reach an acceptable standard under state law. For those not familiar with pension lingo, unfunded liability refers to the amount by which the cost of future benefits that a fund is obligated to pay exceed the cash on hand in the fund, similar to carrying credit card debt. While SB 12 made great strides in supporting educators who rely on TRS, Texas remains 50th in the nation when it comes to the state’s contribution rate for educator retirement benefits. Moving forward, ATPE will continue to press the legislature to improve the retirement benefits that educators so greatly deserve.

House Bill (HB) 2820 by Rep. Dan Flynn (R-Van): Deregulating 403(b) investment options

Under previous law, TRS kept a list of approved investment vendors that could offer educators 403(b) investment products. These 403(b) investment plans are similar to 401(k) plans in that they offer a tax-advantaged way to save for retirement, but 403(b) plans are designed for public employees and tax-exempt organizations, like churches and charities. HB 2820 deregulates 403(b) investment offerings by eliminating the TRS list of approved vendors, as well as the requirement that vendors abide by TRS’s caps on fees. These caps limited the amount that a vendor could charge for each transaction. Under this new law, educators who choose to invest in a 403(b) will have to more closely monitor the administrative fees they are being charged. Additionally, without the fee cap, vendors might offer investment products that are very expensive now.


Join us next week on our “New School Year, New Laws” blog series here on Teach the Vote as we will discuss legislative changes impacting charter school laws.

For more information on new laws impacting educators, be sure to read the new report from the ATPE Member Legal Services staff, “Know the Law: An Educator’s Guide to Changes Enacted by the 86th Texas Legislature.”

Teach the Vote’s Week in Review: Oct. 4, 2019

It’s been a busy week for the ATPE Governmental Relations team. Here’s a look at our lobbyists’ latest reporting for Teach the Vote:


Today, the State Board for Educator Certification (SBEC) met in Austin to discuss several items that would implement legislation passed by the 86th legislature earlier this year. These include the repeal of the Master Teacher certificate as required by House Bill 3, regulations pertaining to educator misconduct and reporting requirements, and new rules to allow military spouses licensed in other states to teach in Texas. ATPE Lobbyist Andrea Chevalier submitted written testimony to encourage the board to explore options for Master Teacher certificate holders, so that they can maintain their current teaching assignments once their certificates expire. ATPE also testified in support of expanded criteria for considering “good cause” in determining potential sanctions against educators who abandon their contracts. Additionally, ATPE joined the board in mourning the loss of board member Dr. Rex Peebles, who passed away last week. Watch our blog here on Teach the Vote early next week for a full recap of the meeting.


ELECTION UPDATE: In this week’s election roundup post from ATPE Lobbyist Mark Wiggins, read the latest announcements on the “who, what, and where” of various contested races on the 2020 ballot, including a retirement announcement from a member of the State Board of Education. Check out the full post here. Also, don’t forget to register by Monday, Oct. 7, if you want to vote in the Nov. 5 election. Voters statewide will be considering proposed constitutional amendments that day, and a few districts have an opportunity to elect new state representatives.

On our Teach the Vote blog this week, we’re also taking a closer look at the special election for House District 28 in the western suburbs of Houston. ATPE’s Wiggins shares information about the education stances of the candidates and why the race is drawing widespread attention. Check it out here.


ATPE continues its Teach the Vote blog series, “New School Year, New Laws,” with a post this week on professional responsibilities. ATPE Lobbyist Andrea Chevalier highlights bills passed in 2019 that relate to educator misconduct and new records retention requirements that could affect educators who store school-related information on their personal cell phones or other devices. Read the latest post in the series here.


This week’s latest video from the Texas Education Agency (TEA) in its “HB 3 in 30” series offers an explanation of the state’s new teacher incentive allotment. The incentive pay plan was one of the most hotly debated aspects of the school finance bill when it moved through the legislative process earlier this year. After ATPE and other stakeholders urged the legislature to reject earlier versions of the bill that relied too heavily on student test score data in setting the criteria for merit pay, legislators struck a deal late in the session that would offer school districts more flexibility.

Parameters of the new incentive program are spelled out in Texas Education Code (TEC), Sec. 48.112, offering school districts additional funding based upon their employment of educators designated as “recognized,” “exemplary,” or “master” teachers. Lawmakers prescribed some requirements for educators to become eligible for those merit designations in TEC Sec. 21.3521. HB 3 calls for school districts that participate in the incentive program to create a “Local Optional Teacher Designation System” containing specific criteria that each district will use to award the merit designations, but the bill also authorizes the commissioner of education to establish performance standards for those local systems.

This week, TEA issued correspondence to school administrators outlining the agency’s plans for implementation of the new teacher incentive program, sharing timelines, and providing additional resources. TEA also sent school districts and open-enrollment charter schools a survey this week, which solicits information on what type of student growth measures and other criteria are being used locally for teacher appraisals. The survey results will help guide the agency’s implementation of the Local Optional Teacher Designation System, including the commissioner’s adoption of those performance standards required by HB 3.

It is important to note that the Local Optional Teacher Designation System associated with the  allotment is only “optional” in the sense that a school district does not have to choose to seek the teacher incentive funds made available under HB 3. However, any district that does pursue funding through the teacher incentive allotment in the spring of 2020 is required to develop a Local Optional Teacher Designation System. The locally-developed designation systems “must include teacher observation and the performance of a teacher’s students,” along with any additional measures that are adopted locally,” such as evidence of teacher leadership or student surveys,” as noted in the TEA correspondence this week. HB 3 specifies that the criteria for awarding a designation must allow for the mathematical possibility that all eligible teachers may earn the designation (in other words, not limiting eligibility to a fixed percentage of the district’s teachers) and that the commissioner may not require districts to use STAAR tests to evaluate their teachers’ performance for purposes of the merit pay program.


The Teacher Retirement System (TRS) will face a sunset review in the next legislative session. Under state law, the sunset review process gives the legislature an opportunity to routinely examine the work of various state agencies and determine whether they should continue to exist. TRS is a constitutionally-mandated agency, which means it is not subject to potential closure through the sunset review process, but the review allows an opportunity for the legislature to consider recommended changes to various TRS-related laws. Before the legislature weighs in on TRS next session, the state’s Sunset Advisory Commission will gather data, take testimony at public hearings, and compile a detailed written report about TRS including recommendations for possible legislative changes affecting the agency. Between now and Dec. 6, 2019, members of the public may share their feedback about TRS with the Sunset Advisory Commission’s staff as they prepare their report. Read more about the TRS sunset review here.


In case you missed it, ATPE Senior Lobbyist Monty Exter took to our Teach the Vote blog this week to share highlights from the Texas Tribune Festival. The festival that took place last weekend in Austin featured a number of high-profile speakers and panelists. Read more about some of the sessions relating to public education in this blog post.


 

New School Year, New Laws: Professional Responsibilities

In last week’s “New School Year, New Laws” blog post, we discussed new professional opportunities and educator support programs like mentoring that resulted from the 86th legislative session. For the latest installment in our ongoing series for ATPE, we will talk this week about other legislative changes made this year that will impact the ethical and professional responsibilities of those who work in Texas public schools.

House Bill (HB) 3 by Rep. Dan Huberty (R-Kingwood): Do not hire registry

School superintendents and principals have long had certain obligations to report to the state certain allegations of misconduct against certified educators who work in their schools. The State Board for Educator Certification (SBEC) is authorized to issue sanctions, up to and including revocation of an educator’s certificate, against individuals who hold educator certificates and are found to have committed misconduct. Similarly, SBEC may refuse to grant a certificate to an individual who does not meet state standards. However, SBEC has not had the authority or logistical means to take punitive actions against non-certified school employees in an attempt to deter similar misconduct by those individuals.

Under HB 3, school districts will now be required to report to the state misconduct allegations that arise against their non-certified employees, too. This includes allegations regarding abuse of, unlawful acts with, involvement in a romantic relationship with, or solicitation/engagement in sexual contact with a student or minor. The Texas Education Agency (TEA) now has the authority under HB 3 to investigate such reports against non-certified employees, since there previously was no body to look into cases involving these individuals who are not regulated by SBEC.

HB 3 also requires that TEA create a publicly accessible “do not hire registry” no later than Jan. 1, 2020. The registry will contain the names of individuals, both certified and non-certified, who have been deemed ineligible for hire in a public school based on their criminal history records or misconduct. Since there was no mechanism under previous law to sanction non-certified employees for misconduct, this issue became of increasing concern with growth in the number of charter schools and “Districts of Innovation” in Texas; both of those types of schools can exempt themselves from teacher certification requirements that apply to traditional public schools and may hire non-certified staff for positions that require regular interaction with students. With the update to the law under HB 3, schools throughout Texas will be required to discharge or refuse to hire anyone on the new do not hire registry.

HB 3 also expanded the criteria for designating those who are ineligible to be employed in a public school. Under previous law, a school district could not hire or was forced to discharge any employees who were required by law to register as a sex offender. Now, school districts must also do the same for those who may not be required to register as sex offenders but have committed offenses involving minors such as sexual assault, abandonment, endangerment, leaving a child in a vehicle, and indecency (as described by Title 5 of the Texas Penal Code). Additionally, the expansion of these criteria now encompasses not only those individuals who are convicted, but also those placed on deferred adjudication community service due to the offense committed.

TEA staff and SBEC are currently in the process of developing and discussing new administrative rule language to implement these provisions of HB 3. We expect these items to be discussed at the next SBEC meeting on Oct. 4, 2019, and we will be posting an update here on our Teach the Vote blog at that time.

Additionally, the Commissioner’s rules for the do-not-hire registry are open for public comment. Please see below, as posted on the TEA website:

These educator misconduct provisions of HB 3 became effective immediately with the enactment of the school finance bill.

Senate Bill (SB) 1476 by Sen. Paul Bettencourt (R-Houston): Educator misconduct investigations

SB 1476 allows public school administrators to skip out on misconduct reporting requirements for certified employees by meeting a few criteria. First, the superintendent must carry out an investigation and determine that the allegations are false. Second, this investigation and determination must occur before the educator resigns or is terminated from employment.

This bill was effective immediately upon being signed by the governor on June 14, 2019.

SB 944 by Sen. Kirk Watson (D-Austin): Public information law

SB 944 is an “open government” bill that requires that public information maintained on a privately owned device must be preserved in its original form on the device unless it is transferred to the district’s public information officer for backup. Because educators are public employees, this law will apply to any official business/school-related texts, emails, etc. stored on the educators’ personal devices, such as tablets, cell phones, and laptops. The law applies to former and current public employees, but only for information created or received on or after Sept. 1, 2019. If you keep such public information on any of your personal devices, ATPE recommends that you check with your school district for guidance on this law, including its local policies regarding how long you should archive or backup the information stored on your device.

This law took effect Sept. 1, 2019.


We encourage you to revisit Teach the Vote next week when we’ll be publishing the next “New School Year, New Laws” blog series post about pension and benefits changes that resulted from the 2019 legislative session. ATPE believes it is vitally important for educators to make sure they know and understand the laws that govern their profession and affect their classrooms. For even more information on new laws impacting public education in Texas, be sure to check out ATPE’s comprehensive report, “Know the Law: An Educator’s Guide to Changes Enacted by the 86th Texas Legislature,” created by the experienced staff of ATPE’s Member Legal Services department.

Teach the Vote’s Week in Review: Sept. 27, 2019

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


ELECTION UPDATE: Continuing his series of posts about news pertaining to Texas elections, ATPE Lobbyist Mark Wiggins provided an update this week on campaign announcements that continue to trickle out each week. Read the latest election-related news from ATPE here. We also recognized National Voter Registration Day this past Tuesday by encouraging educators and others to register to vote. The next big election here in Texas occurs on Nov. 5, when voters statewide will be considering a number of proposed constitutional amendments, and those in some parts of the state will be voting in special elections to fill legislative vacancies.  The deadline to register to vote in that election is Oct. 7. Early voting begins Oct. 21.


On Thursday, Sept. 26, the U.S. Department of Education (ED) announced that 362 schools around the country have been recognized as 2019 National Blue Ribbon Schools. The list of 2019 honorees includes 27 schools in Texas. According to an ED press release, the Blue Ribbon schools are recognized for their overall academic performance or for their progress in closing achievement gaps among student subgroups. The recipients of the Blue Ribbon designation include public and private elementary, middle, and high schools. The public schools are nominated by each state’s top education official, while private schools are nominated by the Council for American Private Education (CAPE). An awards ceremony for the winners will take place in the nation’s capital in mid-November.


ATPE’s lobbyists have been featuring a series of blog posts here on Teach the Vote about new education laws passed by the Texas Legislature in 2019. For this week’s edition of the blog series, ATPE Lobbyist Andrea Chevalier highlighted a handful of bills that pertain to mentoring, training, and other professional opportunities for educators. Next week, our focus shifts to new statutory requirements related to educators’ professional responsibilities. Watch for the new post here on Monday, and also check out the ATPE legal department’s publication, “Know the Law: An Educator’s Guide to Changes Enacted by the 86th Texas Legislature.”

The Texas Education Agency (TEA) is also continuing its video series to help educators learn more about the landmark school finance and reform bill passed this year, House Bill (HB) 3. Check out the most recent videos from the agency in its HB 3 in 30 series dealing with school board and district goal-setting and the bilingual education allotment.


On Wednesday, the Trump administration released a new school safety district guide to schools develop emergency operations plans (EOPs). According to a press release from the U.S. Department of Education, the guide entitled “The Role of Districts in Developing High-Quality School Emergency Operations Plans” follows up on recommendations in the final report of the Federal Commission on School Safety. The district guide recommends responsibilities of school district administrators and their staffs, including coordinating with communicate partners and developing EOPs that address a variety of potential threats. The guide also includes checklists that can be used by school districts to track their progress.

Meanwhile, back here in Texas, Thursday marked the first organizational meeting for the new Senate Select Committee on Mass Violence Prevention and Community Safety. The nine senators heard only invited testimony, which included senior leadership from the Texas Department of Public Safety (DPS). Much of the conversation revolved around background checks and “red flag” laws aimed at keeping firearms out of the hands of those with mental illness or facing criminal complaints. Republicans on the committee questioned the need for additional legislation, while Democrats argued for strengthening the law and improving enforcement. You can watch a recap of the meeting on KVUE.


On Friday, U.S. House Ways and Means Committee Chairman Richard Neal (D-MA) introduced H.R. 4540, the Public Servants Protection and Fairness Act, in Congress. This bill is aimed at fixing the Windfall Elimination Provision (WEP) for future retirees and providing relief for current retirees. Under the bill, Social Security benefits would be paid in proportion to the share of a worker’s earnings that were covered for Social Security purposes. The bill includes a hold harmless provision to ensure no one loses benefits relative to current law, and would provide $150 per month in relief payments to current WEP retirees.

“Members on both sides of the aisle can get behind this legislation and the solutions it puts forward,” Chairman Neal said in a press release announcing the bill’s filing. “I want to commend Ways and Means Committee Ranking Member Kevin Brady for his work to address the WEP issue for many years. He is a tireless advocate for affected workers, and I appreciate his commitment to fixing this problem. I look forward to working with him to move a solution through Congress expediently.”

An overview of the bill can be found here, and the full bill text can be read here. Check back with Teach the Vote next week for a detailed analysis of the bill.


New School Year, New Laws: Mentoring, Training, and Professional Support

Thank you for joining us on Teach the Vote to learn more about how the bills passed during the 2019 legislative session will impact the Texas public education system. So far, we have looked into changes made to laws governing student discipline, school safety, curriculum and instruction, assessment, and special education. In this week’s “New School Year, New Laws” post, we will talk about something just for educators – professional opportunities.

House Bill (HB) 3 by Rep. Dan Huberty (R-Kingwood): Mentor teacher program

HB 3, the multi-billion dollar school finance bill passed this session, included a mentor program allotment and an updated mentor teacher program. The allotment will provide funds to school districts that are implementing a mentor teacher program for educators with less than two years of experience. This allotment will help districts provide stipends to mentor teachers, schedule release time for mentors and their “mentees,” and fund mentor training.

Under the requirements of the bill, a mentor teacher must agree to serve in that role for at least one school year and must start their assignment no later than 30 days after their mentee begins teaching. Additionally, districts must assign a mentor to a new classroom teacher for at least two years. Commissioner of Education Mike Morath will adopt rules to specify how many mentees can be assigned to a mentor.

The qualifications for serving as a mentor teacher are much the same as they were under previous law. For example, mentors must complete certain mentor training and have at least three full years of teaching experience. HB 3 adds that, to serve as a mentor, a teacher must also demonstrate interpersonal skills, instructional effectiveness, and leadership skills. Lastly, mentors must meet with their mentees at least 12 hours per semester, which can include time the mentor spends observing the mentee. During these meetings, HB 3 outlines specific conversation topics such as orientation to the district, data-driven instructional practices, coaching cycles, professional development, and professional expectations.

Districts are required to provide mentor training and training on best mentorship practices before and during the school year. Districts are also required to designate mentor-mentee meeting times and schedule release time or a reduced teaching load for mentors and their mentees.

This provision of HB 3 took effect immediately upon the final passage of the bill.

HB 3 by Rep. Dan Huberty (R-Kingwood): Autism training

HB 3 allows school districts and charter schools to provide financial incentives to teachers who complete training through an education service center (ESC) on serving students with autism.

This provision also became effective immediately.

HB 3 by Rep. Dan Huberty (R-Kingwood): Teacher literacy achievement academies

HB 3 includes a focus on improving reading instruction for students in kindergarten through third grades. By the 2021-22 school year, districts must ensure that each classroom teacher in grades K-3 and each principal at a campus with grades K-3 has attended a teacher literacy achievement academy. Created in 2015 by the 84th Texas legislature, teacher literacy achievement academies are targeted professional development opportunities to enhance instruction, especially for special populations. Additionally, HB 3 now requires that each K-3 teacher or principal must have attended a teacher literacy achievement academy before their first year of placement at a campus in the 2021-22 school year.

Current law regarding teacher literacy achievement academies states that, from funds appropriated, teachers who attend an academy are entitled to receive a stipend in an amount determined by the Commissioner from funds appropriated by the legislature for the program. The academies have been funded through the appropriations process since their inception, and this program will receive $9 million over the next biennium.

This provision of HB 3 also took effect immediately.

Senate Bill (SB) 1757 by Sen. Brandon Creighton (R-Conroe): Math and science scholars loan repayment

Under previous law, the math and science scholars loan repayment program was open to teachers who met the following criteria: they completed an undergraduate or graduate program in math or science; are certified to teach math or science (or on a probationary certificate); have been employed as a full-time math or science teacher in a Title I school for at least one year; are U.S. citizens; are not in default on any other education loan; and have not received or are not receiving any other state or federal loan repayment assistance. Additionally, the teacher must have had a cumulative GPA of 3.5. Under SB 1757, this GPA requirement is lowered to 3.0 for the loan repayment program.

The teacher must also enter into an agreement with the Texas Higher Education Coordinating Board (THECB) to complete four consecutive years of employment as a full-time classroom math or science teacher in a Title I school. Under previous law, the teacher also had to commit to an additional four years teaching in any public school, though not necessarily a Title I school. SB 1757 changes this requirement to allow the THECB to determine how many additional, non-Title I school years (not to exceed four) a teacher must teach.

Also, SB 1757 now allows student loan repayment assistance for education taking place at a nonprofit, tax-exempt, regionally accredited college or university. This bill was effective Sept. 1, 2019.

SB 37 by Sen. Judith Zaffirini (D-Laredo): Student loan default

If you’ve ever renewed your teaching certificate, you might have noticed that the State Board for Educator Certification (SBEC) can deny your renewal if you are in default on a student loan. SB 37 changes the law so that SBEC is prohibited from considering student loan status. This law took effect Sept. 1, 2019. However, SBEC still has to change its own administrative rules regarding student loan default and certificate renewal requirements. The board will discuss this at the next SBEC meeting on Oct. 4, 2019. Follow us on Twitter and check back on our Teach the Vote blog for updates about this meeting


In next week’s installment of our “New School Year, New Laws” blog series, we will discuss professional responsibilities, such as recent changes that were made to educator misconduct and reporting laws.

For more information on laws impacting educators, be sure to read the new report from the ATPE Member Legal Services staff, “Know the Law: An Educator’s Guide to Changes Enacted by the 86th Texas Legislature.”

New School Year, New Laws: Special Education

In this week’s blog post in the “New School Year, New Laws” series, the ATPE lobby team looks at changes to special education resulting from the 86th legislative session earlier this year.

Three years ago, the Houston Chronicle published an investigative series on how Texas was systematically denying special education services to students through an arbitrary 8.5% cap on special education enrollment. After confirming the findings, the U.S. Department of Education (ED) ordered the state to complete a Special Education Strategic Plan and Corrective Action Response. In the interim before the 2019 legislative session, special education advocates worked diligently with lawmakers, the Texas Commission on Public School Finance, and the Texas Education Agency (TEA) on the strategic plan, corrective action response, and special education funding to try to mitigate the negative effects of having denied years of services to students. This involvement from stakeholders helped to prioritize special education in the legislative session.

Below are some of the bills passed this year to address special education funding and various initiatives for students with special needs.

House Bill (HB) 3 by Rep. Dan Huberty (R-Kingwood): Special education funding and advisory committee

Special education in Texas is currently funded through a system of weights based on student placement. For example, the weight for a homebound student is 5.0 (meaning that a school district receives 5 times the amount of the basic allotment for that student). The mainstream weight covers approximately 85% of students receiving special education services, according to the TEA. Rep. Mary Gonzalez (D-Clint) amended HB 3 to increase the mainstream weight from 1.1 to 1.15, which will generate hundreds of extra dollars for every student receiving special education services in the general education classroom. As an aside, stakeholders and agency officials alike are urging that the rhetoric around special education shift to characterize special education as a service rather than a placement.

HB 3 also creates a new dyslexia weight of 0.1, which will help direct even more money to students with special needs. The dyslexia weight will also capture and fund students who are receiving services under Section 504 of the Rehabilitation Act, which is not federally funded like the Individuals with Disabilities Education Act (IDEA).

Lastly, HB 3 establishes a 14-member special education allotment advisory committee that will make recommendations on special education funding. In September, the commissioner of education will appoint committee members, to include a variety of stakeholders both within and outside of the school setting, including two teachers.

These provisions of HB 3 became effective immediately upon the passage of the bill.

Senate Bill (SB) 500 by Sen. Jane Nelson (R-Flower Mound): Addressing maintenance of financial support in the supplemental budget

Just before the 2019 legislative session began, news broke that Texas had failed to maintain “state financial support” under the Individuals with Disabilities Education Act (IDEA). Essentially, the state spent $33.3 million less on special education in 2012 than it spent in the prior year, which is not allowed. Unfortunately, the state continued this trend in 2017, 2018, and 2019, and it is now estimated that the resulting federal penalty will reach $233 million.

This year’s supplemental spending bill, SB 500, included over $219 million to settle maintenance of financial support costs and to prevent future penalties.

SB 139 by Sen. Jose Rodriguez (D-El Paso): Notification of enrollment opportunities

SB 139 specifically addresses the aforementioned 8.5% cap on enrollment in special education by requiring TEA to develop a notice regarding the elimination of the arbitrary limit. The notice must also include the rights of children under state and federal law and how parents and guardians can initiate referral and evaluation for special education services.

HB 111 by Rep. Mary Gonzalez (D-Clint): Trafficking, abuse, and maltreatment training

As part of their district improvement plan, school districts are required to adopt and implement a policy on sexual abuse, sex trafficking, and other maltreatment of children. Districts must incorporate methods to increase awareness of these issues by providing training for new and existing employees on prevention techniques and the recognition of sexual abuse, sex trafficking, and other maltreatment of students. HB 111 specifically adds that the training should also include prevention and recognition for students with significant cognitive disabilities. HB 111 became effective immediately.

HB 165 by Rep. Diego Bernal (D-San Antonio): High school endorsements

Effective immediately, HB 165 allows students receiving special education services to earn high school endorsements on their transcripts if they complete, with or without modification, the foundation high school curriculum requirements and the additional endorsement curriculum requirements. Under previous law, a student receiving special education services was unable to earn an endorsement by virtue of being enrolled in a modified curriculum. This prevented the student from earning a Distinguished Level of Achievement upon graduation, which is an eligibility requirement for automatic admission to a public institution of higher education in Texas.

SB 522 by Sen. Judith Zaffirini (D-Laredo): Services for students with visual impairments

SB 522 aims to improve the educational services provided to students with a visual impairment by aligning the terminology in state law with federal law regarding these students. Additionally, the individualized education plan (IEP) for students with a visual impairment must now include instruction in braille and the use of braille unless the student’s admission, review, and dismissal (ARD) committee determines that a different form of instruction is more appropriate. Under SB 522, instruction in braille must be provided by a teacher certified to teach students with visual impairments. This law became effective immediately.

SB 712 by Sen. Eddie Lucio, Jr. (D-Brownsville) and HB 3630 by Rep. Morgan Meyer (R-Highland Park): Prohibiting aversive disciplinary techniques

SB 712 and HB 3630 by are identical bills that prohibit the use of certain techniques on students that are meant to discourage recurring behaviors. These aversive techniques are defined in physical terms, such as inflicting pain on a student, as well as in social, emotional, and mental terms, such as verbally demeaning a student or using a timeout when such breaks are not a part of the student’s individualized education plan (IEP). This legislation does not affect a teacher’s ability to remove students under Texas Education Code Section 37.002, which allows teachers to remove students who are repetitively disruptive and limiting the learning of others. Both bills were effective immediately upon their passage earlier this year.


See the TEA’s “HB 3 in 30” video on special education for additional detail on legislative changes. For more information on the issues featured in our “New School Year, New Laws” series, be sure to check out “An Educator’s Guide to Changes Enacted by the 86th Texas Legislature,” in which ATPE’s attorneys provide a comprehensive look at new education laws passed in 2019. Join us next Monday here on Teach the Vote to read about legislative changes regarding professional opportunities for educators.

New School Year, New Laws: Assessment

In last week’s “New School Year, New Laws” blog series penned by the ATPE lobby team, we discussed several bills passed during the recent 86th Legislative session that will impact curriculum and instruction. This week, the ATPE lobby team will address legislative changes adopted this year that pertain to how the state evaluates teaching and learning through assessment.

House Bill (HB) 1244 by Rep. Trent Ashby (R-Lufkin): Civics questions on U.S. History exams

HB 1244 alters the U.S. History end-of-course (EOC) exam by requiring that it include 10 questions randomly selected by the Texas Education Agency (TEA) and pulled from the United States Citizenship and Immigration Services civics test. This is the test that is used during the naturalization process. Does this mean there will be new curriculum standards (TEKS) for U.S. History? No, the bill specifies that TEA must ensure that the questions on the new exam will be aligned with the existing TEKS. Additionally, TEA will be required to issue an annual report that provides the questions, answers, and student performance regarding the 10 civics questions. Student performance data included in the report will be disaggregated by district and campus. HB 1244 applies beginning with students who enter the ninth grade during the 2019-20 school year.

HB 3906 by Rep. Dan Huberty (R-Kingwood): Multifaceted assessments

HB 3906 makes several test-related changes that are effective with the 2019-20 school year. First, with regard to mathematics assessments: the State Board of Education (SBOE) will determine the sections of the grades 3-8 mathematics assessments on which students can use technology aids. TEA can now prohibit the use of technology on certain parts of the Algebra I assessment. Additionally, students can now use a calculator application on a “computing device” (computer) in place of a graphing calculator.

With regard to how TEA designs assessments, the target time it should take a student to complete a distinct “part” of the test was shortened. For grades three and four, the test should be designed so that 85% of students can complete the part within 60 minutes (previously 120 minutes). For grades five through eight, 85% of students should be able to complete the part within 75 minutes (previously 180 minutes). Lastly, assessments and end-of-course exams can now be split into multiple parts administered over more than one day, and the tests may not be administered on the first instructional day of the week (typically Monday).

Also effective immediately, TEA is required to establish an integrated formative assessment pilot program. Districts can opt into the pilot program, which will be used to determine if formative assessments improve instructional support and if they could potentially replace current assessments. TEA will also begin creating a transition plan for the eventual electronic administration of assessments, develop electronic interim assessments for districts to use, and create both technical and educator assessment advisory committees to provide recommendations to the commissioner and TEA on assessment development.

Some provisions in HB 3906 will roll out in the coming years. The bill eliminates the STAAR writing tests given in grades 4 and 7, which will take effect on Sept. 1, 2021. Under federal law, states are required to teach and assess “reading or language arts.” Texas does assess reading and will continue to do so under HB 3906. Also, by the 2022-23 school year, the amount of multiple choice questions on assessments will be limited to 75% and assessments will be administered electronically pursuant to this bill.

Senate Bill (SB) 213 by Sen. Kel Seliger (R-Amarillo): Continuing the individual graduation committees

Individual graduation committees allow a student to graduate in the event that they have completed all curricular requirements but have not passed their EOCs, even with a re-test opportunity. Students complete remediation and a project or portfolio to demonstrate proficiency in the course. Ultimately, the committee considers a variety of factors before making a decision on whether the student can graduate. The committees first came into existence with the enactment of a 2015 bill also carried by Sen. Seliger, but the law permitting the use of the committees was scheduled to expire. This year’s SB 213 extends the use of individual graduation committees for another four years, until 2023. This bill took effect immediately upon its passage.

HB 3 by Rep. Dan Huberty (R-Kingwood): Test-related provisions in the school finance and reform bill

Earlier this year, a New York Times article and other media reports cited multiple studies indicating that State of Texas Assessments of Academic Readiness (STAAR) tests were written above grade level. Spurred by consternation over such media reports, Chairman Huberty included in his HB 3 language that calls for an “assessment instrument study.” This requires TEA to work with a public institution of higher education to determine if each STAAR test is written at the appropriate grade level. Texas Commissioner of Education Mike Morath is required to submit a report on the findings of this study by Dec. 1 of this year.

The outcomes-based funding mechanism in HB 3 that relies on indicators of college, career, and military readiness will include performance on assessments such as the SAT, ACT, and the Armed Services Vocational Aptitude Battery (ASVAB). HB 3 also includes district reimbursement for the administration of certain college prep assessments. Finally, HB 3 requires districts to create an early childhood literacy and mathematics proficiency plan, which would include annual, quantifiable goals for student performance in reading and math.


If you’d like to learn even more about how these and other legislative changes may affect you and your classroom, we encourage you to check out ATPE’s brand new publication, “An Educator’s Guide to Changes Enacted by the 86th Texas Legislature.” This digital guide compiled by ATPE’s legal staff aims to help educators become aware of new laws affecting instruction, compensation, student discipline, and much more. Access the comprehensive guide here. Next Monday, visit ATPE’s Teach the Vote blog once again for more highlights from this year’s legislative session when we’ll be featuring new bills that impact special education in Texas.

Breaking news: Gov. Abbott issues executive orders in response to shootings

In response to the recent El Paso and Odessa shootings, Gov. Greg Abbott today issued eight executive orders aimed at addressing public safety regarding gun violence. The executive orders are focused on tightening the alignment between reporting suspicious behavior and the actions taken by law enforcement officials in response to potential threats. Executive orders numbers five and six are likely to have the most impact on schools.

  • Order No. 1 Within thirty days of this order, the Texas Department of Public Safety shall develop standardized intake questions that can be used by all Texas law-enforcement agencies to better identify whether a person calling the agency has information that should be reported to the Texas Suspicious Activity Reporting Network.
  • Order No. 2 Within thirty days of this order, the Department of Public Safety shall develop clear guidance, based on the appropriate legal standard, for when and how Texas law-enforcement agencies should submit Suspicious Activity Reports.
  • Order No. 3 Within sixty days of this order, the Texas Commission on Law Enforcement shall make training available to educate all law-enforcement officers regarding the standards that will be developed pursuant to Order No. 1 and Order No. 2.
  • Order No. 4 The Department of Public Safety shall create and conduct an initiative to raise public awareness and understanding of how Suspicious Activity Reports are used by law-enforcement agencies to identify potential mass shooters or terroristic threats, so that the general public and friends, family members, coworkers, neighbors, and classmates will be more likely to report information about potential gunmen.
  • Order No. 5 The Department of Public Safety shall work with the Texas Education Agency and the Texas Higher Education Coordinating Board on ways to better inform schools, students, staff, and families about the importance of Suspicious Activity Reports and how to initiate that process.
  • Order No. 6 The Department of Public Safety shall work with local law enforcement, mental-health professionals, school districts, and others to create multidisciplinary threat assessment teams for each of its regions, and when appropriate shall coordinate with federal partners.
  • Order No. 7 The Department of Public Safety, as well as the Office of the Governor, shall use all available resources to increase staff at all fusion centers in Texas for the purpose of better collecting and responding to Suspicious Activity Reports, and better monitoring and analyzing social media and other online forums, for potential threats.
  • Order No. 8 Beginning January 1, 2020, all future grant awards from the Office of the Governor to counties shall require a commitment that the county will report at least 90 percent of convictions within seven business days to the Criminal Justice Information System at the Department of Public Safety.  By January 1, 2021, such reporting must take place within five business days.

Before the 86th legislative session, Gov. Abbott declared school safety as an emergency item, which led to the passage of several bills on the topic. See our blog post on school safety, part of ATPE’s “New School Year, New Laws” series here on Teach the Vote, for more information on changes coming to school districts this year. For more information on the funding and policy decisions made over the last two years to address school safety, view the governor’s recently released report entitled “Improving School Safety in Texas”.