Category Archives: federal

Teach the Vote’s Week in Review: Sept. 18, 2020

Texas is set to reopen further next week, just as most schools have started the new school year. For more on recent developments, here is this week’s recap from ATPE Governmental Relations:


Source: Office of the Texas Governor

CORONAVIRUS UPDATE: Governor Greg Abbott held a press conference Thursday to announce the further reopening of Texas businesses. Starting Monday, many restaurants and businesses will be able to operate at a capacity of 75%, up from 50% previously. Bars will remain closed. By September 24, designated caregivers will be allowed at nursing homes and other residential-type care facilities, with limitations. Hospitals can resume offering elective surgeries.

The Texas Education Agency (TEA) released official correspondence this week detailing the much-anticipated launch of a COVID-19 case reporting dashboard on the Department of State Health Services (DSHS) website. The data represent a statewide summary of all known, test-confirmed cases among school staff and students who participate in on-campus activities or instruction. Districts were instructed to report all such cases since the beginning of their instructional year and will continue to report every Monday. The website is expected to show district-level data by next week.

Don’t forget about ATPE’s frequently-updated COVID-19 FAQs and Resources, opportunities to earn CPE by by watching COVID-19/legal webcasts through ATPE’s professional learning portal, our interactive pandemic timeline, and Advocacy Central where ATPE members can easily communicate with elected officials about their concerns. Lastly, check out our newly-launched Parent-Teacher Toolkit, featuring a new video on the commitment required of parents who homeschool their children.


FEDERAL UPDATE: Congressman Lloyd Doggett (D-Austin), representing the 35th Congressional District of Texas, recently signed on to co-sponsor a Windfall Elimination Provision (WEP) repeal bill, H.R. 4540. The WEP unfairly penalizes Texas educators and other government workers by arbitrarily reducing their Social Security benefits. Read ATPE’s press statement from last year in support of the bill and, if you are an ATPE member and a CD 35 constituent (find out here), send Congressman Doggett a big thank you through Advocacy Central here!


The annual Texas Tribune Festival continued this week with discussions focusing on public education and the budget heading into the next legislative session.

On Monday, House Public Education Committee Chairman Dan Huberty (R-Humble) and Senate Education Committee Chairman Larry Taylor (R-Friendswood) spoke about what their committees will be grappling with when the legislature convenes in January. While both committed to maintaining existing funding under House Bill (HB) 3, they suggested the legislature is unlikely to do consider any expansion this time around.

On Tuesday, House Appropriations Committee Chairman Giovanni Capriglione (R-Southlake) and state Rep. Mary Gonzalez (D-El Paso), who sits on the subcommittee that oversees public education funding, gave a lighthearted preview of what budget conversations could look like next session. Again, the upshot is that legislators will be looking to craft a lean budget as the state faces a budget deficit driven by the COVID-19 pandemic and volatility in the oil market. Both Chairman Capriglione and Rep. Gonzalez sit on the powerful Legislative Budget Board. You can read the full rundown in this post by ATPE Lobbyist Mark Wiggins.


What do you do if a census worker comes knocking at your door or asks you questions about your neighbors? With less than two weeks left until the 2020 Census operations end, census workers are trying their best to get as many people counted as possible. In this post, ATPE Lobbyist Andrea Chevalier details what to expect if you encounter a census worker, where Texas stands in its enumeration, and why the census is so important.


The TRS Board of Directors met virtually this week for their regular fall meeting. Check out this post by ATPE Senior Lobbyist Monty Exter, for a breakdown of TRS Executive Director Brian Guthrie’s comments to the board, including a preview of the agency’s legislative appropriations request for the upcoming 2021 legislative session.


In light of a constantly evolving school situation, TEA announced extensions to key attendance and enrollment deadlines on its COVID-19 Support and Guidance page. The deadline for districts to submit 22:1 class size waivers for grades K-4 is now extended until December 1. The deadline for marking students as “enrolled” has also been extended by one month to line up with the October 30 “snapshot” date.

TEA also added other resources to its support page, including a new Operation Connectivity document that shares best practices for digital learning. The CARES Act equitable services FAQ has been further updated since last week to include guidance on how to calculate and allocate funds. A FEMA reimbursement update clarifies that the funds will only cover one cleaning that occurred in the spring and will not cover PPE. The Texas Department of Emergency Management (TDEM) will reimburse districts for 75% of 2019-20 coronavirus expenses, but the deadline to submit the application for reimbursement is September 30. In order to make budgetary predictions, TEA also plans to survey districts that are extending their instructional calendar, as the landscape of start dates is quite varied this year.

A new Project Restore training on understanding student experiences was also posted this week. As a reminder, the Project Restore trainings satisfies the Senate Bill (SB) 11 training requirements.


ELECTION UPDATE: The Texas Supreme Court handed down a pair of decisions this week that could have an impact on the November elections. One allows a handful of Green Party candidates back onto the ballot, while the other blocks a mail-in ballot application initiative in Harris County. The fight over these two issues illustrates the importance of every single vote in the upcoming election, since many races could be decided by a relatively small number of people.

In less somber news, the ABC network aired a special program this week, VOMO: Vote Or Miss Out. The program featured a who’s who list of celebrities offering a fun take on why voting is important. If you need to end your week on a laugh, check it out in this post by ATPE Lobbyist Mark Wiggins.


Census workers are knocking

U.S. Census Bureau

Recently, my family has encountered census workers who are trying to make sure our neighbors are counted by the September 30 census deadline. During a pandemic and an era of misinformation and distrust, you may find yourself cautious during such meetings. This feeling is completely understandable. However, armed with information and a commitment to helping others get counted in the 2020 Census, we can all work together to make sure Texas receives its fair share of federal funding for roads, schools, healthcare, representation in Congress, and much more.

A few weeks ago, I was playing in the front yard with my toddler when a census worker (who had been sitting in a running car for quite some time) asked if a “Nicole” lived in our house. I recognized the U.S. Census badge and other materials he had marked with the “2020 Census” logo. I replied, “No,” and he said that maybe they were at our neighbor’s house. I knew, however, that our neighbor had already filled out their census because we talked about it months ago. He talked to my neighbor, got the information he needed, yelled across the yard to me to tell me about how he hadn’t gotten to see his newly-born grandchild yet, and drove off.

The U.S. Census Bureau has detailed information on what to expect from census takers in your neighborhood and what to look for to verify their identity. And, here are some common reasons why those who have already responded to the 2020 Census may be visited by a census worker.

In another instance, my husband opened the door one evening to a woman who held up her badge and informed him she worked for the U.S. Census Bureau. She asked my husband how many people lived in the house across the street, if the house was rented or owned, and whether they were Hispanic. Soon, the neighbor in question pulled in to their driveway. The census worker rushed to their house, but, according to my husband, the neighbors quickly got back into their car and drove off. My husband felt uncomfortable about the encounter with the census worker, but the practice of using “proxy sources” to get basic information about non-responsive households is not uncommon.

According to a U.S. Census Bureau press release on door-to-door non-response follow-ups from the:

Census takers will go to great lengths to ensure that no one is missed in the census. After exhausting their efforts to do an in-person interview with a resident of an occupied housing unit, they will seek out proxy sources — a neighbor, a rental agent, a building manager or some other knowledgeable person familiar with the housing unit — to obtain as much basic information about the occupants as they can.

Some are concerned with the safety of participating in the 2020 Census. How will the information be used? Will it be used against me? This “Fighting Rumors” page provides information useful for educating yourself (and others) on how census data is used and not used. Most importantly, without an accurate count, especially of children, Texas risks adequate funding for essential funding streams that impact public schools, school nutrition programs, child care, special education, and much more.

One-third of households in Texas (roughly 31%) have been counted through the “boots-on-the-ground” efforts of census takers during the non-response follow-up (NRFU) process. Through these efforts, Texas is now just under the national average of enumerated households, at 92.4% compared to 93.0%.

Betsy DeVos tells states not to expect student testing waivers

Betsy DeVos

U.S. Secretary of Education Betsy DeVos sent a letter to the top school official in every state today regarding federal requirements for student testing in the 2020-21 school year. States requested and the secretary granted a waiver of testing mandates for 2019-20 when the novel coronavirus forced schools to abruptly shut down during the spring. However, DeVos makes it clear in her Sept. 3 letter that the Trump administration has no intention of waiving the testing requirements again this year.

Below is an excerpt from the letter in which DeVos claims there is broad support for testing and urges the states to demonstrate their “resolve” in these challenging times by continuing to administer the assessments to students:

“Several of your colleagues recently inquired about the possibility of waivers to relieve states of the requirement to administer standardized tests during School Year (SY) 2020-2021. You will recall that, within a very short time, waivers were granted to all 50 states, the District of Columbia, the Commonwealth of Puerto Rico, and the Bureau of Indian Education this past spring following the declaration of a national emergency. That was the right call, given the limited information available about the virus at the time and the need to stop its spread, as well as the practical realities limiting the administration of assessments. However, it is now our expectation that states will, in the interest of students, administer summative assessments during the 2020-2021 school year, consistent with the requirements of the law and following the guidance of local health officials. As a result, you should not anticipate such waivers being granted again.”

A growing number of elected officials on both sides of the political spectrum, parent groups, and education associations including ATPE have called for student testing requirements to be waived in 2020-21. As we have previously reported here on Teach the Vote, Texas Governor Greg Abbott removed a few of the high stakes attached to STAAR test results this year but has not shown interest in a broader waiver of testing requirements, despite the fact that many schools have had to delay the start of the new school year. The ATPE House of Delegates also passed a resolution this summer calling for a waiver of STAAR and TELPAS requirements this year due to the ongoing negative impact of the COVID-19 pandemic on the education system.

While there has been widespread bipartisan support for cutting back on student testing, the general election coming up in November will play a large role in determining whether high-stakes tests are actually administered this year and used for such purposes as school accountability grades and determining teachers’ evaluations and compensation. Stay tuned to our Teach the Vote blog for updates.

ATPE meets virtually with Texas Congressional delegation

Submitted by ATPE Contract Lobbyist David Pore of Hance Scarborough, LLP

Tonja Gray

Jimmy Lee

Newly inaugurated ATPE State President Jimmy Lee and immediate Past President Tonja Gray spent time in July joining me and the ATPE Governmental Relations team for a series of online roundtable policy discussions with key members of the Texas Congressional Delegation and their staffs.  Although perhaps not as effective (nor as much fun) as the annual state officer trip to Washington, DC, we made progress in our federal advocacy efforts and built on existing relationships with the delegation. Our goal was to provide input to the members who sit on the key committees of jurisdiction on the policy issues important to Texas educators, parents, and students. We focused our discussions on safely returning to school, federal COVID-19 relief funding for education, and the GPO/WEP Social Security offsets that continue to reduce the benefits of retired educators and other public servants.

Rep. Joaquin Castro (D-TX 20) sits on the House Education and Labor Committee that has oversight over the U.S. Department of Education (ED) and how they spend the money appropriated for K-12 and higher education by the Congress. The congressman and his Education Legislative Assistant Kaitlyn Montan joined us for a great discussion of the challenges facing Texas educators, administrators, parents, and students as we work to return to the classroom safely. ATPE leaders stressed the importance of local, district-level decision making and the need for flexibility for school districts to be able to return virtually, in-person, or with a hybrid model where appropriate. The congressman agreed that federal money should not be used to incentivize one return model over another and that ED should not divert limited federal taxpayer money appropriated for COVID-19 relief for public schools to private schools or for the virtual voucher pet projects of U.S. Secretary of Education Betsy DeVos. Rep. Castro committed to using his role on the committee to conduct robust oversight and make sure the department follows the law as Congress intended.

Rep. Van Taylor (R-TX 3) also sits on the House Education and Labor Committee and represents a North Texas district with over 4,000 ATPE members. The congressman’s Legislative Director Jett Thompson met with us, and while less enthusiastic about the need for strong oversight of ED, he did agree that Secretary DeVos should stick to congressional intent when implementing the COVID-19 relief bills, including in how taxpayer money is distributed to private schools.

Rep. Lloyd Doggett (D-TX 35) sits on the House Ways and Means Committee and has been a long time cosponsor and champion for legislation completely repealing the WEP and the GPO. The repeal bills have never made it out of committee due to their enormous costs to the Social Security trust fund and the inequities that would be created for private sector beneficiaries. Rep. Doggett’s Legislative Assistant Sarah Jones met with us and informed us that the congressman does not support the more limited bill repealing the WEP that has been authored by Ranking Member Kevin Brady (R-TX) or the version introduced by committee Chairman Richard Neal (D-MA). Surprisingly, Jones stated that Rep. Doggett did not support the Neal bill because it “is not paid for,” despite his long-time support for the full repeal bill that costs the Social Security trust fund much more than either the Brady or Neal WEP repeal bills. Although she did express support from the congressman on our position regarding how ED is spending COVID-19 relief funds, we let Jones know that Congressman Doggett’s opposition to the WEP repeal bills was inconsistent with his previous positions on the issue and extremely disappointing to Texas public educators, both active and retired.

ATPE state officers and lobbyists met with Rep. Jodey Arrington via Zoom, July 28, 2020, to discuss COVID-19 considerations and Social Security reform.

Rep. Jodey Arrington (R-TX 19) also sits on the House Ways and Means Committee and has emerged as a champion for legislation to repeal the WEP and replace it with a proportional formula. We discussed with him the partisan breakdown of previously bipartisan legislation authored by committee Chairman Neal and Ranking Member Brady that has now devolved into two separate bills bogged down and unlikely to move before the election in November. Tonja Gray relayed on-the-ground concerns about the return to school from Abilene ISD, which lies in Arrington’s congressional district, while Jimmy Lee spoke from his unique perspective as a retired career educator, statewide leader, and the husband of a superintendent. While we agreed to disagree with the congressman on his position that it is appropriate to use federal relief money to incentivize in-person teaching this fall, regardless of the health and safety concerns of the district, we expressed our sincere appreciation for his open line of communication with ATPE and his strong support in the Ways and Means Committee for addressing the WEP. Arrington also praised ATPE for its professional approach to working with officeholders, expressing his belief that the national union groups “are not winning anyone over” in Washington.

Unfortunately, our senior U.S. Senator John Cornyn (R-TX) was unavailable to meet with ATPE’s statewide leadership and the governmental relations team. Although his Legislative Assistant Clair Sanderson met with us, she was unable to commit the senator to a position on how ED is implementing the CARES Act and spending federal taxpayer money appropriated for COVID-19 relief for education. We also discussed the Senate companion to the Brady WEP bill that Senator Ted Cruz has introduced, which to date, Senator Cornyn has not cosponsored.

It is important for our elected officials at every level to hear directly from professional educators about the issues you face, such as returning to school safely, how our tax dollars are spent on education, and how federal Social Security laws affect your retirement. I am grateful to Tonja and Jimmy for taking the time to participate in these roundtable discussions. They both are outstanding ambassadors for ATPE and for public education as a whole. Thank you, Tonja and Jimmy!

Food for thought: School nutrition and COVID-19

When the COVID-19 pandemic struck Texas in March, one of our first concerns was how students who normally relied on the school for meals would continue to have access to nutritious food. Public school districts went above and beyond to ensure students continued receiving meals, parking at motels for meal distribution, initiating drive-thrus, and packing different foods that worked better for grab-and-go. These efforts contributed to higher costs for public school nutrition services this spring, which put a financial strain on districts’ ability to continue providing meal service to those who need it the most.

But it isn’t just the higher costs associated with out-of-school meal service that is a concern; it is also the lower numbers of students accessing meals that is straining districts. According to recent reporting by Politico, the National School Lunch Program served 28 percent fewer meals in March 2020 compared to March 2019. North East ISD estimated a $2.6 million shortfall this spring due to increased costs from serving more expensive foods for grab-and-go consumption and decreased revenue from fewer meals served. While census data is used for meal service planning purposes, districts are actually reimbursed for nutrition services based on the number of meals served and whether students qualify for free or reduced-price meals. Students who purchase meals at school, or even a la carte food items, help provide extra revenue to districts that enable them to break even in their food operations.

Federal waivers provided in the spring allowed school districts to serve meals at any campus, without students present, and at no cost to all students, regardless of their eligibility for free and reduced-price meals.This flexibility has not been extended by the U.S. Department of Agriculture, which could inhibit districts’ ability to receive enough reimbursement to maintain operations without needing financial support from other district funds (which are also tight at the moment). Furthermore, the expectation for families to fill out and districts to process free or reduced-price meal eligibility paperwork could create an unnecessary burden for families and schools. It is expected that millions of children have become eligible for free and reduced-price meals due to the economic effects of the pandemic. Pending legislation in Congress could address meal service flexibility in schools, as well as general funding, but negotiations are currently stalled due to debates over unemployment benefits.

Schools are part of larger district systems, which are part of state systems and federal systems. These systems work together to ensure that students’ basic needs are met, such as having a nutritious meal to eat, which allows for learning to occur. When school nutrition services are strained, these basic needs can also become strained. Other benefits such as the Pandemic Electronic Benefit Transfer (P-EBT) have provided essential funds to families, but P-EBT does not guarantee the “square meal” nutrition of the school nutrition programs. In order for schools to continue acting in creative and courageous ways to get meals to students, more will have to be done to ensure financial stability for these programs.

Teach the Vote’s Week in Review: July 31, 2020

State officials released information this week that sends mixed messages to educators and school leaders, yet again. Read more about this and other developments in this week’s wrap-up from the ATPE Governmental Relations team:


CORONAVIRUS UPDATE: School districts around the state continue to discuss and revise plans for starting the new school year amid funding and enrollment uncertainty and with guidance from elected officials that has raised more questions than answers. As we have been reporting here on our blog, the Texas Education Agency (TEA) initially urged school districts to start the 2020-21 school year earlier to allow for extended breaks during the year. With COVID-19 cases continuing to rise, TEA walked back that position in early July, suggesting a delayed reopening and offering districts a three-week transition period to move from virtual to on-campus instruction. On July 17, as several of the state’s largest cities were adopting orders that would attempt to delay a return to campus until COVID-19 cases subsided, TEA extended the allowable virtual transition period to four to eight weeks (with school board approval) and also said districts would continue to be funded if they were forced to operate virtually under closure orders from local officials. But this week saw yet another round of guidance from TEA and statements by other elected officials calling into question the validity of such local orders.

A new, non-binding legal opinion voiced by Texas Attorney General (AG) Ken Paxton and updated public health and attendance guidance from TEA on Tuesday only added to the confusion school district leaders, their staffs, and the parents of students are trying to sort through. The AG’s letter to a Texas mayor attempts to nullify local health authorities’ previously assumed ability to issue school closure orders in a preventative fashion. TEA updated its attendance and enrollment guidance the same day to reflect Paxton’s interpretation, warning that schools districts that offer only remote instruction based on local health authority orders (outside of the approved transition window in which instruction can be fully virtual) may risk losing their funding. Read more about Tuesday’s developments in this blog post by ATPE Governmental Relations Director Jennifer Mitchell, and read ATPE’s press statement here.

On Friday, a joint press release from Governor Abbott, Lt. Governor Patrick, Speaker Bonnen, Chairman Taylor, and Chairman Huberty defended TEA’s updated guidance, saying the agency has provided flexibility through various means and that it is up to local school boards to decide when and how to open schools. ATPE responded to the press release in a statement complaining about the unclear and often contradictory directives and stating, “ATPE reiterates that uniform, science-based metrics guiding reopening or closure decisions based on health and safety are needed right now—not shifting perspectives, platitudes, or power struggles.”

Knowing the frustrations that this back-and-forth causes for educators, ATPE Senior Lobbyist Monty Exter told News 4 San Antonio this week it would be helpful to have consistent guidance from TEA. While the news about teachers and students returning to campus often takes the spotlight, support staff across Texas are also concerned, as the Texas Tribune reported this week. Cafeteria, custodial, and transportation staff face unique challenges this fall as they tend to be paid hourly, and their jobs, by their nature, cannot be performed remotely. In a recent CNN interview, ATPE’s Mitchell cited the need to add bus routes in order to reduce passenger loads as an example of steps school districts are finding it difficult to implement without additional financial resources from the state and federal government. Unfortunately, the ever-changing regulations communicated by state leadership make creating a safe plan, and sticking to it, difficult. ATPE Lobbyist Mark Wiggins sat down with Fox 7 Austin this week to talk about the issue, saying we are past due for local control guided by educators, parents, and public health officials.


This week Gov. Greg Abbott announced he has eliminated the requirement that STAAR test scores be used for fifth and eighth grade promotion decisions, a step in the right direction towards reducing the impact of testing in the 2020-21 school year. Additionally, according to TEA correspondence, only one test administration in fifth and eighth grade will occur this year. The change places educational decisions back in the hands of expert educators, who can easily determine without STAAR if a student is ready for the next grade. Yet more flexibility is needed. In an interview with NBC DFW this week, ATPE Lobbyist Andrea Chevalier expressed that eliminating the STAAR tests in their entirety for the 2020-21 school year would save valuable time and resources that will be needed for remediation and helping those students who need it the most. Read more about this development in this blog post by Chevalier.


ATPE held a legal webinar on COVID-19 this week that included educators’ questions answered by ATPE Managing Attorney Paul Tapp. In case you missed the live webinar, you may view the recorded version to hear Tapp’s easy-to-understand explanations of the many issues facing educators during the pandemic.

Visit the ATPE COVID-19 FAQs and Resources page for constantly updated answers to common questions from educators. ATPE members can also use Advocacy Central to communicate with their elected officials regarding concerns about school reopening and other issues.


FEDERAL UPDATE: Republicans in the U.S. Senate revealed their new proposal for coronavirus aid and relief this week, which includes an updated education proposal directing two-thirds of $70 billion in K-12 funds to schools that physically reopen for in-person instruction. The remaining one-third would be split among all public schools. The legislative package also includes a separate bill that aims to instate U.S. Secretary of Education Betsy DeVos’s longstanding wish for $5 billion in dollar-for-dollar tax credits for a private school voucher system. The GOP proposal comes months after House Democrats passed theirs. Read more about Congress’s progress in this blog post by ATPE Lobbyist Mark Wiggins.

The U.S. Department of Education this week announced winners for the “Rethink K-12 Education Models Grant” this week, which includes a nearly $20 million award for Texas. The grants were awarded based on priorities, the first of which was for states that opted to create “microgrant” voucher programs. Texas did not opt for microgrants and instead will use the federal money for its statewide learning management system and framework, announced to districts this week to include a free two-year subscription to Schoology.


ELECTION UPDATE:  President Donald Trump made headlines yesterday when he put out a tweet that suggested postponing the November 3 election. Many experts were quick to point out that the president does not have the legal authority to postpone the election; only Congress has that power. The suggestion drew unanimous criticism even among the president’s Republican supporters, who confirmed that there is no chance of the presidential election being postponed for the first time in American history. It’s also worth noting that mail-in voting is, in fact, a form of absentee voting; and while the primary elections revealed significant processing problems presented by record numbers of people taking advantage of the option to vote by mail, allegations of widespread voting fraud have not been proven.

Gov. Greg Abbott (R-Texas) announced this week that early voting for the Nov. 3 election will be extended by an additional week. Early voting will now run from October 13 through October 30, 2020. That leaves three full weeks for early voting, which is intended to relieve crowding at polling locations. Gov. Abbott similarly extended the early voting period for the July runoff elections.

In the Senate District 14 special election, state Rep. Eddie Rodriguez (D-Austin) announced this week that he is withdrawing from the runoff against former Travis County Judge Sarah Eckhardt, who finished first in the special election held this month. Rodriguez will retain his Texas House seat. Eckhardt will now fill out the remainder of former state Sen. Kirk Watson’s (D-Austin) term, which ends in 2022. Watson retired from the Texas Senate earlier this year.


The State Board for Educator Certification (SBEC) held a special meeting Friday, July 31, to discuss rules relating to educator certification candidates facing challenges during the pandemic. The rules proposed for adoption will allow candidates to complete their educator preparation program (EPP) requirements for the 2020-21 school year in a virtual setting and will allow face-to-face observation requirements to be carried out in a synchronous virtual setting. After hearing testimony from EPP representatives during the past couple of months, the board voted to amend its proposal to include asychronous observations in addition to those carried out synchronously. Read more about the meeting in this blog post by ATPE Lobbyist Andrea Chevalier.

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

With the start of school just around the corner, it’s been another busy week for ATPE and the education community. Read about this week’s developments below from the ATPE Governmental Relations team:


CORONAVIRUS UPDATE: ATPE’s incoming State Vice President Karen Hames and Governmental Relations Director Jennifer Mitchell spoke on CNN’s Chris Cuomo Prime Time show Thursday night, July 23, to contribute their perspectives on school reopening. Hames and Mitchell stressed that teachers care about their kids and want to be in school with them, but that educators have concerns about being exposed to the coronavirus in a classroom setting. Hames shared reasons why school choice would not provide any real solutions to parents’ concerns about COVID-19, and Mitchell emphasized the need for additional federal funding and better guidance at the state level to help school districts prepare for reopening amid the pandemic. Watch video of the CNN segment here.

In other news related to COVID-19, the University Interscholastic League (UIL) released a long-awaited announcement this week that delays the schedules of 5A-6A conferences. Additionally, UIL shares that marching band practice in all conferences may not begin until September 7, 2020. Updates to TEA’s COVID-19 Support and Guidance Page this week included a new summary of the agency’s reopening guidance, several new “Strong Start” resources, and new CARES Act and attendance and enrollment information.

Visit the ATPE COVID-19 FAQ and Resources page for constantly updated resources and answers to common questions from educators. ATPE members can also use Advocacy Central to communicate with their elected officials regarding school reopening and other issues.


This week, ATPE submitted formal public comments on the U.S. Department of Education’s (ED) interim final rule directing how districts spend their CARES Act federal emergency dollars on equitable services for students in private schools. The interim final rule, effective July 1, 2020, is estimated to cause public school districts to spend over $44 million of their Title I-derived emergency funds on private school students regardless of poverty — more than $38 million more than they would normally spend under the longstanding interpretation of equitable services in federal law. ATPE’s comments urge the department to rescind its inequitable and distorted interpretation of the CARES Act, which goes against congressional intent. Over 5,200 comments have been submitted, but the department is not required to respond to them because of the emergency rulemaking process. Read more about the new federal rule in this recent Teach the Vote blog post. Read ATPE’s public comments here.


ELECTION UPDATE: Last week saw one of the most unusual elections in recent memory: A runoff postponed due to a global pandemic that proceeded to intensify in Texas as the new election date approached. Early voting was expanded from the usual one week to two weeks in order to reduce the load on polling locations. Some voters also took advantage of alternative methods of casting their ballots to avoid contracting COVID-19 at the polls, although Texas broke ranks with other parts of the country by refusing to expand the ability to vote by mail amid the pandemic. Despite the failure of lawsuits aimed at expanding mail-in ballot options, Texas saw a substantial increase in mail-in voting during this runoff election, which caused official results to be delayed by a few days but did not result in changes to any of the unofficial race outcomes revealed on election night. The July 14 election also exposed troubling voting issues that will have to be corrected before the November election.

With double the time to vote early, this month’s runoffs saw double the turnout over the primary runoff elections in 2018, 6.61% to 3.22%, respectively. After all of the debate over voting by mail, 30% of Democrats and 24% of Republicans who voted early cast their ballots by mail. That’s actually down from 36% of all early voters who cast mail-in ballots in the 2018 runoffs. Democrats had a huge turnout — nearly 956,000 voted in the primary runoffs, but comparable statewide numbers aren’t available for Republican turnout because there wasn’t a statewide GOP runoff like there was on the Democrats’ ballot. Party turnout in primary elections is not always an accurate predictor of turnout in the general election. But based on the turnout for a runoff election in July, in the Texas heat, in the middle of a deadly pandemic, it’s probably safe to assume that overall turnout for the November general election will be enormous. That makes researching candidates and making your voting plan for November more important than ever! See more election results in last week’s recap by ATPE Lobbyist Mark Wiggins.


CONGRESSIONAL UPDATE: The U.S. House Education and Labor Subcommittee on Early Childhood, Elementary and Secondary Education met Thursday, July 23, for a hearing on the safe reopening of schools. The discussion bounced back and forth between the health risks for children and health risks for teachers and staff, with implications across the board for future funding to get schools on the path to a safe reopening. Get the full rundown on the meeting in this blog post by ATPE Lobbyist Mark Wiggins.

While a proposal for additional federal emergency aid (dubbed the Health and Economic Recovery Omnibus Emergency Solutions or “HEROES” Act) was approved by the U.S. House several weeks ago, the U.S. Senate has now agreed on its own $105 billion aid package for education, which includes $70 billion for K-12 schools. The proposal would tie the K-12 funding to in-person instruction by sending $35 billion to schools that open for in-person instruction and splitting the remaining $35 billion among all schools, regardless of their method of instruction. The $30 billion for colleges will not be tied to in-person instruction, and governors will receive the last $5 billion to spend on either K-12 or higher education. The details of the proposal are expected to be made public on Monday.



After a week-long delay, the U.S. Centers for Disease Control (CDC) released updated guidance for the reopening of public schools during the COVID-19 pandemic. The brunt of the new guidance issued last night, July 23, consists of justifying the push to reopen schools for in-person instruction. New items include recommending that schools group students and teachers into isolated cohorts or “pods” meant to limit in-person contact. There is also a checklist intended to assist parents in deciding  whether to send their children to school. A new mask guidance document suggests masks can be worn by anyone older than two years old, though some groups of students may need special adaptations and alternatives. Even as the guidance encourages reopening, it urges caution to those considering to do so in areas of substantial, uncontrolled transmission. Furthermore, the guidance recommends tying operational decisions to local epidemiological conditions. The guidance states as follows:

“Schools should be prepared for COVID-19 cases and exposure to occur in their facilities. Collaborating with local health officials will continue to be important once students are back to school, as they can provide regular updates about the status of COVID-19 in the community and help support and maintain the health and wellbeing of students, teachers, and staff.”

All of the CDC guidance documents, including the latest guidance as well as recommendations dating back to May, can be found here.


The State Board for Educator Certification (SBEC) met today, July 24, to take action on several items implementing the Science of Teaching Reading exam requirements from last year’s House Bill (HB) 3 and to discuss COVID-19 considerations related to certification. Additionally, the board approved a proposal to transition Legacy Master Teacher certificate holders into lifetime certificates, as HB 3 barred the Master Teacher certificate from being issued or renewed. ATPE Lobbyist Andrea Chevalier testified before SBEC in support of this proposal, continuing our months-long advocacy for a fix for Master Teachers. Read more about today’s SBEC meeting in this blog post from Chevalier and read the written testimony here.


SCHOOL FINANCE UPDATE: Texas Comptroller Glenn Hegar created buzz this week with the release of his certification revenue estimate, which shows that the state faces a $4.6 billion deficit due to both COVID-19 and the largest drop in oil prices in decades. While some revenue sources have helped to soften the blow, including federal coronavirus aid and new revenue from online commerce, the uncertainties ahead will make the state budget lawmakers’ top concern in the upcoming 2021 legislative session. Read more about the revenue esimate and Hegar’s interview with the Texas Tribune this week in this blog post by ATPE Lobbyist Mark Wiggins.  

In other school finance news, Just Fund It, a non-partisan group of parents, students, and community members across Texas advocating for increased public school funding, has begun a petition aimed at urging Gov. Abbott to ensure stable and predictable school funding. Specifically, the petition asks the governor to extend the 12-week “hold harmless” period for calculating funding based on attendance as recently announced by the Texas Education Agency (TEA) for the coming school year. The group presents a compelling argument for extending the hold harmless to cover the entire 2020-21 school year.

Help spread the word about the 2020 Census

The 2020 Census is well underway, but at a smidge over 56%, Texas still has a long way to go in its response rate. Using the resources compiled by Texas Counts, here’s what educators and community stakeholders should consider as they help to get out the count in their communities.

Messaging: Find sample messaging here and remember to keep it simple and emphasize that completing the census is safe, easy, and important. Unfortunately, the potential inclusion of a citizenship question on the census has garnered fear among many who live in Texas. Some are also afraid that the information on the number of people who live in their household will be shared with their landlords or that their location will be shared with police or law enforcement. It important for those living in Texas to know that it is illegal for the U.S. Census Bureau to release information from the census and that the information shared, especially regarding children, will help to provide an adequate amount of resources for public schooling, meals, child care, and other essential public resources. Find a repository of videos, postcards, flyers, and posters from Texas Counts here.

Source: usatoday.com

Responding to the census is easier than ever with the new online response system, and you don’t have to have received an invitation to submit your response. As we previously reported, the U.S. Census Bureau has a great webpage explaining ways to respond to the census and updates on situations caused by the coronavirus, such as college students who are now at home. (Please count college students in the town in which they attend college!) Those who have not self-responded to the census can also use phone or mail methods to respond and must do so by October 31, 2020.

Recognizing Hard-to-Count Communities: It is estimated that 25% of Texans and 30% of Texas children live in areas that are considered hard-to-count due to difficulties in contacting, locating, surveying, and/or engaging. In some cases, factors like language barriers, lack of stable housing, or distrust of the government can contribute to the presence of hard-to-count communities. School systems are particularly suited to easing these factors because educators and school leaders are trusted community members, who can reach families through regular communications and contact (such as meal pickups), and are readily able to translate census outreach materials in the same ways they translate other school communications.

The image below gives you some idea of the vast area of Texas that is hard-to-count by showing the portions of Texas (in yellow) that are just beginning to receive hand-delivered packets from census workers. These areas do not have stable access to the internet or are in areas that require in-person delivery of census materials. Since these areas are perhaps just hearing about the census for the first time, so be sure to reach out to families and reinforce the safety and ease of completing the census. Census workers will undertake the huge task of non-response follow up (NRFU) starting August 11 through October 31, at which point they will go to all households that have not responded yet to the census. Since school will be starting again around this time, communications about the census to families are vital and should be disbursed regularly.

Know the Facts: As we previously reported here on Teach the Vote, Texas received $43 billion in total census-statistic derived funding in 2018. This included over $1.3 billion dollars in Title I funding, $1.4 billion in National School Lunch Program funds, $1.1 billion for the State Children’s Health Insurance Program (S-CHIP), and billions more for foster care, early childhood education, child care, and other nutritional programs. A 1% under count could cost the state $300 million, which would heavily impact families, children, and the elderly. Knowing what is at stake will help messaging to those who rely on these services.

The tool below, developed by the City University of New York, is a great way to explore census data and see specifically which parts of your community need extra outreach.

See the full map at www.censushardtocountmaps2020.us

Happy census-ing and thank you to all educators and community stakeholders who are engaging in get-out-the-count efforts. Our public schools depend on it!

DeVos issues rule on sending stimulus funds to private schools

The U.S. Department of Education (ED) issued a final interim rule today to address disdain over its previous guidance directing public school districts to share an unprecedented amount of their federal emergency relief funds with private schools. As we previously reported here on Teach the Vote, after Congress passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act in March, U.S. Secretary of Education Betsy DeVos interpreted language in the Act to require public school districts to use a proportional share of their federal emergency funds to provide equitable services to all students in private nonprofit (PNP) schools within their district bounds.

The new rule provides flexibility to school districts by giving them options – either spend the CARES Act funds only on Title I schools in the district and be held to normal proportional share and operating standards of equitable services under Title I; or spend CARES Act funds on all students in the district and be held to the department’s controversial interpretation of equitable services that requires districts to set aside more money for private school services. Under this clarification by ED, if a school district only has Title I schools, equitable services would be business as usual. The Texas Education Agency (TEA) recently conducted webinars on how districts should implement the CARES Act, including information on equitable services, and TEA will likely share more information in the coming weeks related to this new rule.

The Trump administration’s broader interpretation as announced by DeVos in April differed from the conventional interpretation of equitable services under Title I of federal education law (which is what the CARES Act references), which only requires equitable services to be provided to eligible students (such as low-income students) who reside in the district’s bounds. DeVos’s interpretation, which turns the intent of equitable services into something inequitable, was met with consternation from education stakeholders and push-back from top members of Congress in both parties.

The new interim rule will become effective immediately once it is officially published and will be much more forceful than simple guidance, so states will have no choice but to follow it. There will be a public comment period of 30 days once the rule is published, and lawsuits and injunctions against the rule are likely. ATPE has been lobbying members of the Texas congressional delegation to guard against unintended uses of the federal stimulus funds, and we will also share our input on the interim final rule with federal officials. Stay tuned for updates here on Teach the Vote.

DeVos uses federal coronavirus aid to fund “microgrant” vouchers

As we previously reported here on ATPE’s Teach the Vote blog, U.S. Secretary of Education Betsy DeVos, a longtime champion of privatization, has been advocating for federal funding of “microgrants,” a relatively new term for a voucher that could be used for private schooling. When Congress passed the Coronavirus Aid, Relief, and Economic Security Act (CARES) Act in late March, which included an infusion of federal cash into an Education Stabilization Fund, it was at best questionable whether Secretary DeVos could use the federal relief funds provided by the act for her “microgrants” pet project. This week, however, it has become clearer that DeVos intends to use the coronavirus pandemic as an opportunity to circumvent congressional approval and plow forward with a publicly-funded voucher plan using CARES Act funds.

On the heels of last week’s release of the application for CARES Act funding, the U.S. Department of Education (ED) swiftly announced this week that an additional $180 million would be available to states under a new  “Rethink K-12 Education Models” or “REM” grant program. The department pointed to a provision in the CARES Act that allows it to use 1% of the $30.75 billion allotted to the Education Stabilization Fund for “grants to states with the highest coronavirus burden to support activities under the Act.” The department’s description of the grant program states that it is intended to “address specific educational needs of students, their parents, and teachers in public and non-public elementary and secondary schools.” The funding would flow directly to state education agencies, such as the Texas Education Agency (TEA) here in our state, without any requirement that the state agency send the funding on to local school districts. This raises the distinct possibility of CARES Act relief funds being allowed to flow from states to private schools or vendors.

U.S. Secretary of Education Betsy DeVos

Because this is a new program, DeVos has applied a waiver to the REM grants that allows the department to avoid the need for a national public comment period on the grant proposal. The REM grant application package explains that state education agencies must use the grant money for implementation of “microgrant” voucher programs, statewide virtual learning, or other models of remote learning. Each state must also have the written approval of its governor, but it appears that no public comment will be gathered at the state level either.

Congress clearly intended CARES Act funding to be funneled to states that have faced the greatest challenges as a result of the pandemic. However, ED has announced that in awarding funds under this new competitive grant program, only 40% of an applying state’s score will be based upon its “coronavirus burden,” which takes into consideration factors such as the number of COVID-19 cases per capita. In a table provided by ED to quantify the coronavirus burden for each state, Texas ranks in the 41st to 60th percentile, behind 22 other states that could apply for the $180 million in REM grants.

Some members of Congress, particularly on the Democratic side of the aisle, have been quick to criticize DeVos for using the coronavirus relief act to fund, without direct congressional approval, other priorities of the secretary and the Trump administration, such as vouchers. Through our federal lobby team in Washington, D.C., ATPE has reached out to our congressional allies to express our concern and opposition to this coronavirus relief program being used for funding either traditional voucher programs or virtual voucher programs. We will be closely monitoring Texas’ actions with regard to seeking this money either as a way to fund a statewide voucher program or statewide virtual schools, which have had a dubious track record on fostering student academic achievement. Stay tuned to Teach the Vote for updates as developments unfold.