Category Archives: House Public Education Committee

Teach the Vote’s Week in Review: May 17, 2019

With major session deadlines hitting this weekend, here’s a look at this week’s legislative developments, courtesy of the ATPE Governmental Relations team:


ATPE Lobbyist Andrea Chevalier testified in the House Public Education Committee, May 14, 2019.

  The House Public Education Committee met once again on Tuesday to continue hearing bills already passed by the Senate. As reported by ATPE Lobbyist Andrea Chevalier in this blog post, much of the focus of Tuesday’s hearing centered on the  Accelerated Campus Excellence (ACE) turnaround programs proposed by Senate Bill 1412. While the bill contains some measures that ATPE supports, we testified against the bill due to its provisions for the forced ranking of teachers in a school district (which could possibly be based on student performance on standardized tests) and requiring districts to contract with third-party vendors to implement their ACE programs. Similar legislation has been moving through the Senate Education Committee, and related language is being considered as part of House Bill 3, the school finance bill that is pending in conference committee. Read more about that bill below.

Under mandatory session deadlines, this week marked the last week for bills to be heard by House committees in order for them to have a chance of reaching the House floor. The House Public Education Committee also met Thursday to vote out more of the pending bills.


Senate Education Committee meeting, May 14, 2019.

Like its counterpart in the lower chamber, the Senate Education Committee met twice this week on Tuesday and Thursday to hear its final bills of the session. Although the committee can still meet to vote out pending bills that have already been heard, the committee will not hear any additional bills or take testimony from this point forward. One such formal meeting is taking place this afternoon, where the committee is expected to vote on additional pending bills.

During this week’s earlier meetings, the Senate Education Committee voted to advance a number of bills supported by ATPE, including House Bill 165 enabling high school students in special education programs to receive endorsements and House Bill 2424 requiring the State Board for Educator Certification (SBEC) to establish and issue new micro-credentials for educators. The committee also approved HB 4205, which as amended is another of the ATPE-opposed bills pertaining to ACE campuses and the criteria under which teachers would be eligible to work on those campuses.

More on these Senate Education Committee hearings can be found in this week’s blog posts from ATPE Lobbyist Mark Wiggins here and here.


The most high-profile bills of the 86th legislative session pertaining to public education are being negotiated by conference committees appointed for the purpose of resolving differences between House and Senate versions of the same bill. Among those bills is the state budget in HB 1, which is the only bill required to be passed before time runs out. Fortunately, the conference committee for HB 1 is holding its last meeting this afternoon, signaling that a final budget deal is near.

This week the conference committee for HB 3 also continued its meetings on the school finance legislation, aiming to release a compromise bill next week. As negotiations progress, ATPE is hopeful that the bill’s final version will include an across-the-board raise for educators, although it is unclear what amount will be attached to that raise and how it will be structured. While the final bill will most likely contain some form of merit pay, there seems to be a desire among legislators to limit the use of STAAR test data in determining such pay. Additionally, we are optimistic that a final compromise on HB 3 will no longer include many of the controversial outcomes-based funding proposals and additional testing that the Senate included in its version. Even as these rumors are promising, ATPE urges our members to continue to contact your legislators to share your voice on HB 3 using our quick and easy tools on Advocacy Central.

Another bill that has been referred to a conference committee is SB 12, containing language to increase state contributions to TRS and provide retired educators with a 13th check. Since both bills deal with a substantial amount of state funding, a compromise proposal for the TRS bill is likely to be shared only once an agreement has been reached on the larger HB 3. For the latest updates on these bills, be sure to follow @TeachtheVote on Twitter.


Educators’ right to a political voice continues to be a subject of interest in the final rush of session, and bills that could have a negative impact on the education community remain active at various stages in the legislative process.

Unlike last session, this year no legislator filed a bill to limit the ability of educators to pay their voluntary membership dues to organizations such as ATPE through the convenience of payroll deduction. However, there are some legislators still hoping to pass a ban on payroll deduction as an amendment to another bill in these last few days of the session. One failed attempt came earlier this week when Rep. Phil King (R-Weatherford) floated a trial balloon during a House floor debate on a bill pertaining to the comptroller’s electronic funds transfer system. Recognizing that it was unlikely to succeed, Rep. King withdrew his amendment that was aimed at limiting payroll deduction options for certain public employees who receive payments electronically from the comptroller’s office, such as retirees’ annuities.

There is still a possibility that a similar payroll deduction amendment could be added to Senate Bill (SB) 29 by Rep. Mayes Middleton (R-Wallisville), which is a high-profile First Amendment-related bill that could come to the House floor this weekend. SB 29 has been described by its supporters as banning “taxpayer-funded lobbying,” but opponents say the bill is actually aimed at weakening the ability of locally-elected school boards, county leaders, and city governments to petition the state on matters of concern to local voters. In its current form, SB 29 proposes to prohibit such governmental entities from paying dues with taxpayer funds to organizations that lobby the legislature on certain issues. Notably, the bill’s anti-lobbying provisions would not apply to charter schools. The interest groups responsible for promoting SB 29 have a long history of fighting against public education and pushing bills aimed at weakening public schools.

Meanwhile, the clock is running out on other bills more directly aimed at educators. SB 1569 by Sen. Pat Fallon (R-Prosper) would outlaw certain political conversations between public school employees while on school grounds. This ATPE-opposed bill was left pending in the House Elections Committee, which has no further plans to meet this session. However this same committee did vote to advance SB 9 by Sen. Bryan Hughes (R-Mineola), which would increase the penalties associated with various prohibited election-related activities. While pitched as a way to protect the integrity of local elections, many of the provisions are written so broadly that they threaten to have a chilling effect and depress voter turnout in many cases. SB 9 also could be heard on the House floor as soon as this weekend.


House Public Education Committee hears bills on school turnaround, virtual schools, cybersecurity

On Tuesday, May 14, 2019, the House Public Education Committee heard 10 bills on a variety of topics, including accelerated campus excellence (ACE) turnaround programs and virtual school accountability.

ATPE Lobbyist Andrea Chevalier testified before the House Public Education Committee, May 14, 2019.

Multiple educator groups testified against Senate Bill (SB) 1412 by Sen. Charles Perry (R-Lubbock), which would allow districts to implement a campus turnaround plan in the style of the ACE program. ATPE Lobbyist Andrea Chevalier testified that while ATPE supports differentiated pay and would support district efforts to strategically staff campuses that need the most effective teachers, SB 1412 includes many elements that ATPE members oppose. These include a forced ranking of teachers based on student growth (which could rely heavily on student test scores) and evaluations. Basing high-stakes decisions such as employment on student performance is antithetical to ATPE’s legislative program. Additionally, the bill includes a vendor provision that requires districts to use taxpayer resources to partner with a third-party vendor to implement their plan. Lastly, the bill is extremely unclear as to whether a displaced teacher would be reassigned to a similar position on a different campus, if their displacement would be good cause for termination or non-renewal, and if, under all of these circumstances, they would still have the right to due process. Read ATPE’s written testimony against SB 1412 here.

ATPE also registered our position against SB 1045 by Sen. Bryan Hughes (R-Mineola), which would separate the accountability rating in a district that offers a full-time online program into one rating for the brick-and-mortar students and another rating for the online program. Amendments made in the Senate Education Committee and on the Senate floor drastically changed the bill so that it now also includes many other accountability provisions for virtual schools. Virtual school providers testified against the bill on Tuesday in the House Public Education Committee due to these enhanced accountability provisions. ATPE opposes the bill because of the proposed separated accountability ratings, which would diminish district responsibility for the virtual programs through which their students are served.

The Committee also heard the following bills:

  • SB 232 (Menendez, D-San Antonio): Would require a school district to notify parents that Algebra II is not required to graduate, as well as the consequences of not completing Algebra II with regard to eligibility for automatic college admission and financial aid.
  • SB 504 (Seliger, R-Amarillo): Would allow the Texas OnCourse Academy to add social-emotional counseling modules so that participating advisers and counselors are better prepared to identify and address potential mental health issues.
  • SB 723 (Campbell, R-New Braunfels): Would require a school district to post its superintendent’s salary information on the district’s website.
  • SB 820 (Nelson, R-Flower Mound): Would require districts to develop and maintain a cybersecurity framework and designate a cybersecurity coordinator.
  • SB 1016 (Powell, D-Burleson): Would require TEA to audit professional development requirements every four years, as opposed to “periodically,” and, with input from stakeholders, seek to eliminate any unnecessary topic-specific training requirements.
  • SB 1374 (Paxton, R-McKinney): Would allow concurrent enrollment in Algebra I and geometry.
  • SB 1390 (Menendez, D-San Antonio): Would add physical health, mental health, and suicide prevention to the foundation curriculum. Includes corresponding guidance to the State Board of Education and School Health Advisory Committees to include risk factors such as alcohol.
  • SB 1454 (Taylor, R-Friendswood): Would create a mechanism for TEA could to transfer the remaining funds of a defunct charter to another charter holder.

The House Public Education Committee will likely vote today on the session’s major school safety bill, SB 11 by Sen. Larry Taylor (R-Friendswood). Chairman Huberty expressed that he would like to see where other important House Bills are in the Senate before deciding to vote on other pending Senate Bills today, though he said the will definitely take votes by tomorrow. Under mandatory session deadlines, this is the last week for the committee to advance remaining Senate bills for possible consideration by the full House. Stay tuned to Teach the Vote and follow us on Twitter for the latest developments.

House Public Education Committee hears Senate bills on virtual schools, school safety

On Tuesday, May 7, 2019, the House Public Education Committee heard seven Senate bills on a variety of topics.

ATPE supported several of these bills, including the following:

  • SB 11 (Taylor, R-Friendswood): Would require several provisions intended to increase school safety, including TEA-developed facilities standards, mental health and substance use resources, safety training, improved coordination with the Texas School Safety Center, digital citizenship, threat assessment teams and threat reporting, and district-developed trauma-informed care policies.
  • SB 2042 (Fallon, R-Prosper): Would require TEA to study, evaluate, and report on current industry certifications, certificates being offered, workforce needs and any unmet needs, by each geographic region in Texas.
  • SB 2073 (Taylor, R-Friendswood): Would allow districts providing less than 180 days of student instruction during the school year to reduce the educators’ required days of service in proportion without reducing an educator’s salary. This is to address the state’s shift to minutes, rather than days, of instruction.

ATPE provided written testimony on SB 1455 by Sen. Larry Taylor (R-Friendswood). ATPE believes that the bill as it left the Senate would greatly expand virtual schools, which is problematic because a growing body of evidence indicates full-time virtual school programs are a poor substitute for brick-and-mortar classrooms. Students enrolled in full-time virtual schools regularly underperform their peers enrolled in traditional classroom settings, as indicated by the multiple Improvement Required (IR) designations. Read our written testimony here.

ATPE Senior Lobbyist Monty Exter testifies neutrally on a proposed committee substitute for SB 1455 in the House Public Education Committee, May 7, 2019.

Rep. Ken King (R-Canadian) laid out a newer version of SB 1455 in committee this morning, stating substantive changes to eliminate the portions of the bill that he believes constitute a virtual voucher while maintaining the increased accountability for virtual school providers. ATPE Senior Lobbyist Monty Exter testified neutrally due to these changes in the proposed substitute bill. Exter explained that ATPE supports accountability standards for virtual schools that eliminate bad actors but is opposed to the expansion of virtual schools due to a significant amount of research on their limited effectiveness in promoting student learning.

The following bills were also heard by the Committee:

  • SB 1453 (Taylor, R-Friendswood): Would require school districts to allow students who are enrolled in courses requiring the use of a graphing calculator to use calculator applications on their phones or other devices.
  • SB 1776 (Campbell, R-New Braunfels): Would allow school district boards of trustees to permit and encourage schools to post the founding documents of the United States and would also require districts to provide a high school elective course on the founding principles of the United States.
  • SB 2180 (Nelson, R-Flower Mound): Would require the State Board of Education (SBOE) to create Texas Essential Knowledge and Skills (TEKS) that include coding, computer programming, computational thinking, and cybersecurity. Would also require TEA to create a computer science advisory committee to develop and provide recommendations for increasing computer science instruction and participation in public schools.

Chairman Huberty noted that the committee will vote on bills this afternoon. Based on tradition and previous statements from the chair, the House Public Education Committee will likely meet again next Tuesday, May 14, 2019, at 8 A.M.

House Public Education Committee hears Senate bills for the first time this session

On Tuesday, April 30, 2019, the House Public Education Committee heard, for the first time, bills sent down from the upper chamber. The Senate bills heard were those that did not have a companion (a similar or identical) House bill. Seven bills were on the agenda, covering topics from opioid addiction and abuse in schools to military-connected students.

ATPE registered support for the following bills heard today:

  • SB 1451 (Taylor, R-Friendswood): Would prohibit a teacher from being assigned an area of deficiency in an appraisal solely on the basis of disciplinary referrals or documentation of student conduct. The bill also prohibits a district from disciplining a teacher for documenting bad student behavior.
  • SB 2432 (Taylor, R-Friendswood): Would allow for the disciplinary removal of a student who “engages in conduct that contains the elements of the offense of harassment” against a school employee. This includes harassment of teachers and threats made by students to inflict harm.

The following bills were also heard by the committee:

  • SB 54 (Zaffirini, D-Laredo): Would require the Texas Education Agency (TEA) to conduct a study on how to appropriately evaluate students who spend at least 50% of their instructional day in a regional day school for the deaf.
  • SB 372 (Campbell, R-New Braunfels): Would allow the governing board of a charter to employ security personnel and enter into memoranda of understanding (MOUs) with law enforcement to have school resource officers (SROs).
  • SB 435 (Nelson, R-Flower Mound): Would add a duty to local school advisory health committees (SHACs) to recommend appropriate grade levels and curriculum for instruction regarding opioid addiction and abuse and methods of administering an opioid antagonist (a substance that would inhibit or interfere with the effects of an opioid).
  • SB 522 (Zaffirini, D-Laredo): Would replace the term “functionally blind” with wording from the federal Individuals with Disabilities Education Act (IDEA). Would specify that an individualized education plan (IEP) for a student with visual impairment is required to provide instruction in braille if deemed appropriate by the student’s IEP team, based on an evaluation of their proficiency in relevant skills and their instructional needs.
  • SB 1557 (Lucio, D-Brownsville): Would establish the Purple Star Campus program, which would recognize campuses that develop practices and programs catering to military-connected students.

The House Public Education committee plans to meet again to hear more Senate bills that don’t have House companions next Tuesday, May 7, 2019 at 8 A.M. Furthermore, the Committee will likely vote out Senate bills at some point this week, potentially as early as today. Stay tuned to Teach the Vote for legislative updates.

House Public Education Committee hears 31 bills on playgrounds, pre-K, and more

House Public Education Committee meeting, April 23, 2019

On Tuesday, April 23, 2019, the House Public Education Committee heard 31 bills relating to a variety of topics, including the use of school counselors’ time, special education evaluation notices, the role of the fine arts curriculum, and creating inclusive playgrounds that are accessible to all students.

ATPE supported several bills considered at the hearing, including:

  • House Bill (HB) 142 (Moody, D-El Paso): Would require TEA to develop a notice for distribution and internet posting that includes reporting changes for special education indicators and the rights of children to special education evaluation. Would also require districts to include additional information on the notice about initiating a referral for special education services. Rep. Moody stated that there is money set aside in the proposed state budget to accomplish the goals of his bill.
  • HB 727 (Gonzalez, M., D-Clint): Would require that school boards adopt a policy requiring school counselors to spend at least 80% of their time on core counseling duties. If the district can’t meet this requirement, the policy must include reasons why, duties the counselor will have to do, and set the actual percentage in the policy.
  • HB 1763 (Blanco, D-El Paso): Would add children of educators employed by school districts to the eligibility list for free pre-kindergarten.
  • HB 4030 (Dominguez, D-Brownsville): Would provide funding for school districts to provide at least one playground in the district that is inclusive and accessible for students with disabilities.
  • HB 4414 (Allison, R-San Antonio): Would require TEA to develop a rubric for Regional Education Service Centers (ESCs) to use for identifying resources related to student mental health. ESCs would be required to use the rubric and report back to TEA. TEA would also have to create a statewide inventory of mental health resources and a statewide plan for student mental health.

During Tuesday’s hearing, ATPE also provided written testimony against HB 3623 by Rep. Matt Schaefer. The bill would affect teachers employed under continuing contracts, making them eligible to stay in their jobs only if the majority of their students meet a “minimum growth standard” to be determined by the district and approved by the Commissioner. ATPE testified that HB 3623’s reliance on an unspecified “minimum growth standard” hints at the use of value-added modeling (VAM), which has been widely criticized as a tool that improperly uses students’ standardized test scores for high-stakes purposes. ATPE also pointed out that many teachers do not teach tested subjects or grades. ATPE’s testimony also questioned what the due process protections would be for affected teachers whose students do not meet the standard. In the hearing, Rep. Schaefer faced questions from Reps. Allen, Gonzalez, and Talarico on the vagueness of what “growth” means in the bill and on the importance of other non-academic factors. Read ATPE’s written testimony on HB 3623 here.

The following bills were also heard by the House Public Education Committee on Tuesday:

  • HB 535 (Neave, D-Dallas): Would require students to complete the Free Application for Federal Student Aid (FAFSA) or Texas Application for State Financial Aid (TAFSA), in order to graduate, with some exceptions. Rep. Neave noted that this was recommendation #27 in the Texas Commission on Public School Finance final report issued last year.
  • HB 2217 (Raymond, D-Laredo): Would provide that school boards do not have to hear complaints concerning parent participation in extracurricular activities that do not involve a violation of a right.
  • HB 2526 (Leach, R-Plano): Would enable students whose parent(s) reside within the school district to be granted automatic admission. Rep. Leach shared that this bill would fix the predicament of his constituent who had the district boundary line in her backyard.
  • HB 3005 (Talarico, D-Round Rock): Would open college preparatory math and English language arts courses to 11th graders who demonstrate that they would otherwise be unable to take it in their 12th grade year and complete the requirements for high school graduation. Rep. Talarico said the bill was requested by Pflugerville ISD.
  • HB 3025 (Talarico, D-Round Rock): Would allow districts or schools to provide parents with a facilitated meeting with the school counselor regarding accepting or declining a special education evaluation on behalf of the student, should the parent dispute the referral. Rep. Talarico said this bill was brought to him by special education advocates.
  • HB 3026 (Talarico, D-Round Rock): Would require that school districts with 400 or more students have a ratio of 400:1 students to behavioral health professionals (which includes school counselors, licensed specialists in school psychology, social workers, and licensed professional counselors). The bill also outlines duties of the mental health professional within the school setting.
  • HB 3153 (Raymond, D-Laredo): Would allow a nepotism exception for a teacher in a subject or geographic area certified as a critical shortage area.
  • HB 3179 (Stucky, R-Denton): Would require the Commissioner to adopt rules to allow districts to submit information in the Public Education Information Management System (PEIMS) on the cost of assessments, including administration, participation, preparation, and training.
  • HB 3316 (White, R-Hillister): Would expand the campus crime stoppers program by adding school districts and charters to the entities that a crime stoppers organization reports to, as well as adding threats to public safety or an individual to the activities that the crime stoppers report on. This bill would also add a student advisory member to the program.
  • HB 3344 (Bucy, D-Austin): Would add fine arts to the required foundation curriculum. Rep. Bucy stated that students in fine arts have better educational outcomes.
  • HB 3452 (Dutton, D-Houston): Would require the Commissioner to evaluate all dropout recovery schools under the alternative education accountability system, and to only consider performance at the level of “approaches grade level.” The “closing the gaps” domain would be used for reporting purposes only.
  • HB 3489 (Cole, D-Austin): Would require TEA to create a task force on sex-based harassment in schools to evaluate and provide recommendations and best practices, including school district professional development.
  • HB 3651 (Davis, Y., D-Dallas): Would require the Commissioner to conduct a study on the relationship between district size, cost, and academic effectiveness.
  • HB 3851 (Lang, R-Granbury): Would require the Comptroller to publish and maintain a list of unfunded mandates and report to the legislature on findings about the benefits and costs of each mandate.
  • HB 3880 (Wilson, R-Marble Falls): Would transfer the duty to develop and provide information to students about steroids from the State Board of Education (SBOE) and TEA to the Department of State Health Services Mental Health and Substance Abuse, in conjunction with the University Interscholastic League (UIL).
  • HB 3888 (Ramos, D-Richardson): Would add suicide to the conditions addressed by the school health advisory council (SHAC). Would also add require SHACs to provide strategies to increase parental awareness regarding risky behaviors, early warning signs of suicide risks, and available community programs and services to address these. The bill would require districts where at least 70% of the students are educationally disadvantaged, homeless, or in foster care to develop and implement a plan to increase parent and student knowledge of behavioral health disorders and treatment options.
  • HB 4094 (Beckley, D-Carrollton): Would require districts to make at least one attempt by phone or e-mail during each week of a student’s meal account grace period to make arrangements with the parent for payment of a negative balance and help the parent complete an application for free or reduced price lunch (FRPL). After the grace period ends, the district may allow the student to continue purchasing meals or provide alternative meals at no cost. The bill would also allow districts to pay a negative balance using donations.
  • HB 4186 (Sanford, R-McKinney): Would create the “Next Generation Commission on Digital Learning” to make recommendations for a framework for digital teaching and learning in public schools following the same structure as last year’s school finance commission.
  • HB 4302 (VanDeaver, R-New Boston): Would prohibit issuance of subpoenas for audio/video surveillance of special education settings unless they meet under Texas Education Code (TEC) Section 29.022. Rep. VanDeaver cited a case  in which video was subpoenaed to observe the “educational record” of a student that did not involve complaints of abuse or neglect. Only cases of abuse or neglect were the focus of the original intent of the video camera law enacted in 2015.
  • HB 4313 (Dominguez, D-Brownsville): Would require the UIL to create an adaptive sports program for students with disabilities.
  • HB 4324 (VanDeaver, R-New Boston): Would allow the Commissioners of both TEA and the Texas Higher Education Coordinating Board (THECB) to approve a format of electronic submission of student records, such as the Texas Records Exchange (TREx), that allows for the transfer and efficient and effective extraction of data elements from student transcripts.
  • HB 4383 (Bohac, R-Houston): Would require school districts and charters to prepare a list of instructional materials provided to students that cover each Texas Essential Knowledge and Skills (TEKS) element. This list would be part of an existing annual certification that each district and charter school must submit to the SBOE and Commissioner.
  • HB 4578 (Gervin-Hawkins, R-San Antonio): Would require the SBOE, TEA, and stakeholders to enter into a memorandum of understanding on the development of culturally inclusive instruction.
  • HB 4589 and HJR 150 (Anchia, D-San Antonio): Would add a “global competitiveness” objective to the public education mission in the Texas Constitution by stating that students will earn a post-secondary credential after high school. This bill would also require that each legislature establish standards that public schools must satisfy and align then with the state’s “60×30” plan, which provides that by 2030, at least 60 percent of Texans ages 25-34 will hold a certificate or degree.

At the end of Tuesday’s House Public Education Committee hearing, Chairman Huberty announced that the committee will meet again on Wednesday afternoon, April 24, to vote on pending bills that have already been heard. He added that next week the committee will meet to hear mainly Senate bills that have made their way over to the House and been referred to House Public Education. Up to this point, the committee has not yet heard any public testimony on Senate bills, so stay tuned!

Teach the Vote’s Week in Review: April 19, 2019

The legislature packed a lot of work into a short week ahead of this holiday weekend. Here’s a summary of the latest education-related developments from our ATPE Governmental Relations team:


Senate Education Committee meeting April 16, 2019.

This week was a busy one for the Senate Education Committee. On Tuesday, the committee chose to postpone its originally posted hearing of the House’s school finance reform bill, House Bill 3. The committee postponed the hearing of HB 3 by Chairman Dan Huberty (R-Kingwood) in order to flesh out more of the Senate’s committee substitute for the bill. We expect HB 3 to heard later next week and are urging educators to reach out to their senators about the bill.

ATPE supported HB 3 as passed by the House almost unanimously. The bill was amended from its original version as filed to remove controversial language that would allow school districts to opt out of the the minimum salary schedule and fund merit pay that likely would have been tied to student test scores. ATPE encourages educators to contact their senators now and urge them to keep merit pay and other negative provisions out of HB 3 when it moves through the Senate. For additional information and direct communication links to lawmakers, ATPE members should visit Advocacy Central.

In lieu of HB 3, various other bills were discussed during Tuesday’s Senate Education Committee meeting, with topics ranging from sex ed to charter school regulation to accountability laws. The committee also voted to advance several bills, such as Senate Bill (SB) 1412 to allow a school at risk of closure to execute an accelerated campus excellence turnaround plan. For more on Tuesday’s Senate Education Committee hearing, read this blog post by ATPE Lobbyist Mark Wiggins.

The committee will meet again on April 23, 2019, to hear bills relating to school district funding and governance, student internships, staff development, and more. Stay tuned to Teach the Vote for coverage of the hearing and announcements when HB 3 is scheduled for hearing.


On Wednesday, April 18, the full Senate passed a bill to further restrict the ability of school district employees and school board members to talk about political content at school.

SB 1569 by Sen. Pat Fallon (R-Prosper) amends existing “political advertising” laws and was passed by a vote of 25 to 6. Senators who voted against the ATPE-opposed bill were Sens. Jose Menendez, Borris Miles, Beverly Powell, Kel Seliger, John Whitmire, and Judith Zaffirini.

During the Senate floor debate, Sen. Eddie Lucio, Jr. amended the bill to add prohibitions on electioneering using school resources by charter school employees or governing board members. Charter schools had not been included in the original version of SB 1569 as filed. Sen. Fallon also agreed to amend the bill on the floor to strike language from the original version that would have prohibited school districts from being able to share information that factually describes the purpose of a bond measure and does not advocate for its passage or defeat.

SB 1569 no longer includes highly troubling language in its original version that would have prohibited school employees from advocating for or against “a political philosophy” or “a matter of public interest.” However, ATPE notes that the bill still includes overly broad language aimed at stifling political involvement by public school employees, contractors, or board members. SB 1569 as passed by the Senate greatly expands the existing definition of political advertising to include support or opposition for a candidate, political party, public officer, or measure that is “directed to an individual person or multiple persons through any form of communication.” While Sen. Fallon indicated during floor debate that he does not intend for his bill to prevent educators from talking to one another about politics, especially after school hours, the language of the bill itself as quoted above suggests otherwise.

SB 1569 as passed by the Senate would also subject public school employees to criminal penalties if they “facilitate” legislative advocacy by students. ATPE is disappointed that senators would support legislation to prevent educators from teaching students about the legislative process without fear of being arrested.

Now that SB 1569 has been passed by the Senate, ATPE urges educators to contact their state representatives and ask them to oppose this unnecessary anti-public education bill. ATPE members can visit Advocacy Central for additional information on SB 1569 and communication tools.

Other bills on the move this session that have garnered scrutiny from the education community include HB 281 by Rep. Mayes Middleton (R-Wallisville)  and SB 29 by Sen. Bob Hall (R-Edgewood) relating to political subdivisions’ use of public money for lobbying activities. These bills would prohibit school districts from using public funds to pay for lobbying, whether by an employee of the district paid to lobby or an outside association that uses the public funds for activities that might include lobbying. Neither bill would affect the ability of school district employees to use their own personal funds to join associations, such as ATPE, that engage in lobbying activities.


Legislators, staffers, and stakeholders crowded a conference room Thursday, April 18, 2019, for a quick meeting of the House Public Education Committee to vote on bills.

The House Public Education Committee met twice this week to hear bills on topics such as civics education, bullying, and virtual schools.

During the committee’s first hearing on Tuesday, April 16, ATPE offered testimony on bills like HB 496 by Rep. Barbara Gervin-Hawkins (D-San Antonio) aimed at improving student safety by requiring a bleeding kit program in public schools. Read ATPE’s written testimony here. ATPE also testified against HB 429 by Rep. Matt Shaheen (R-Plano), which would expand virtual school programs that may not be efficient or of adequate quality. Read ATPE’s written testimony against HB 429 here. Other bills heard on Tuesday included the ATPE-supported HB 3133 by Rep. Alma Allen (D-Houston) that would allow school district employees to use their personal leave for compensation on school holidays.

The committee met again on Thursday, April 18, for a hearing that lasted until 11 pm and again featured discussions of a wide variety of topics. ATPE supported bills such as HB 414 by Rep. Dan Flynn (R-Van) calling for a Teacher Protection Act, HB 3403 by Rep. Phillip Cortez (D-San Antonio) to require school district employment policies to include anti-bullying measures for educators, and HB 3638 by Rep. Jared Patterson (R-Frisco) to repeal certain laws identified as unnecessary or duplicative by a mandate relief working group on which ATPE served last year.

The committee also convened while the House was in session on Thursday to vote out additional bills, such as Rep. Gina Hinojosa’s HB 43 on charter admission policies and Rep. Diego Bernal’s HB 4242 calling for a study of the readability of STAAR tests.

Read more about the bills considered by the House Public Education Committee in this week’s comprehensive blog posts from ATPE Lobbyist Andrea Chevalier here and here.


ATPE has long advocated for Texas lawmakers to increase funding of educators’ pension programs through the Teacher Retirement System (TRS). As we have been reporting throughout the session, the 86th Legislature is considering ATPE-supported bills to increase state contributions to the TRS pension fund and provide retirees with a 13th check.

In support of this ongoing effort, ATPE has joined forces with Equable, a national nonprofit organization that works to facilitate retirement plan sustainability and income security, to promote pension reforms this session that will address the TRS funding shortfall and help ensure that Texas educators have a stable retirement plan in the future. ATPE and Equable are urging educators to reach out to their legislators in support of bills like SB 12, which is scheduled for debate by the full House next week.

Learn more about our TRS-related advocacy and find additional resources at PayTheBillTX.org.


The one bill that the 86th Legislature must pass in order to avoid a special session – the state’s budget bill – is making further progress. Members of the House and Senate have voted to send HB 1 to a conference committee to iron out differences between the two chambers’ versions of the budget proposal.

On the House side, Appropriations Committee Chairman John Zerwas will co-chair the conference committee joined by Reps. Greg Bonnen, Sarah Davis, Oscar Longoria, and Armando Walle. Senate conferees, which noticeably included no Democratic senators, are Senate Finance Committee Chairwoman Jane Nelson plus Sens. Joan Huffman, Lois Kolkhorst, Larry Taylor, and Robert Nichols. The HB 1 conference committee has planned its first meeting for Tuesday, April 23.

Also sent to a conference committee was the legislature’s supplemental appropriations bill for the current biennium, SB 500. That bill’s conference committee is similarly  co-chaired by Sen. Nelson and Rep. Zerwas. The other conference committee members for SB 500 are Sens. Huffman, Kolkhorst, Taylor, and Chuy Hinojosa, along with Reps. Giovanni Capriglione, Mary Gonzalez, Rick Miller, and Toni Rose.

In late night hearing, House Public Education Committee talks about bullying, leftover food, and more

On Wednesday, April 17, 2019, the House Public Education Committee heard bills on a variety of topics including the donation of excess food at school, virtual schools, workplace bullying of teachers, and even the Ten Commandments.

ATPE supported several bills by registering in favor of the following:

  • House Bill (HB) 414 (Flynn, R-Van) would create the Teacher’s Protection Act, which includes a defense against prosecutions for actions taken in an educator’s self-defense.
  • HB 1394 (Bohac, R-Houston) aims to protect teachers from being sanctioned by the State Board for Educator Certification (SBEC) for their reasonable use of force against a student.
  • HB 3220 (Allison, R-San Antonio) would add licensed specialists in school psychology (LSSPs) to the definition of mental health professional and allow them to be eligible for loan repayment assistance in certain circumstances.
  • HB 3403 (Cortez, D-San Antonio) would require school district employment policies to include anti-bullying measures for educators, including provisions to address parents who bully teachers.
  • HB 3638 (Patterson, R-Frisco) would lift certain mandates on schools as identified by the Lieutenant Governor’s mandate relief working group in which ATPE participated last year.
  • HB 3696 (Bell, K., R-Forney) would add the number (rather than percentage) of students who complete a practicum or internship approved by the State Board of Education (SBOE) and students who complete a coherent sequence of career and technical education (CTE) courses as measures within the student achievement domain of the state’s accountability system.
  • HB 3882 (Wilson, R-Marble Falls) would transfer rulemaking authority from the Commissioner of Education to the University Interscholastic League (UIL) for extracurricular activity safety training programs. This is also one portion of the main mandate relief bill referenced above.
  • HB 3906 (Huberty, R-Kingwood) would change references to “reading” to say “language arts” in multiple sections of the law and eliminate the grade 4 and 7 writing test, but add writing to the annual language arts tests. This bill also includes provisions of Rep. Gary VanDeaver’s (R-New Boston) writing portfolio assessment pilot legislation and allows assessments to be administered in multiple parts over more than one day.
  • HB 3963 (Allen, D-Houston) would allow schools to elect to donate extra food to a nonprofit and includes related food safety precautions.
  • HB 4095 (Beckley, D-Carrollton) would require school boards to adopt a policy on custodian workloads.
  • HB 4096 (Beckley, D-Carrollton) would require the Texas Education Agency (TEA) to study recommended standards for school district facility maintenance and custodial services.
  • House Concurrent Resolution (HCR) 134 (Dutton, D-Houston) would designate the second Tuesday in October as Legislators in Schools Day, an opportunity for lawmakers to visit  a classroom in their districts.

ATPE submitted written testimony against HB 1921 by Rep. Jared Patterson (R-Frisco). This bill would remove the cap on funding for full-time virtual schools by eliminating a provision that states funding is limited to programs that were operating on January 1, 2013. This provision was a key addition to the virtual school program law because it ensured that full-time virtual school programs, would neither be completely shut down nor be allowed to replicate until more data was collected on their efficacy. Since that legislation was passed, a growing body of evidence has shown that virtual schools are a poor substitute for traditional, brick-and-mortar classrooms. Therefore, ATPE opposes further expansion of virtual schools as contemplated by this bill. Read our written testimony against HB 1921 here.

The following bills were also heard by the committee on Wednesday:

  • HB 307 (Flynn, R-Van): States that school boards cannot prohibit the posting of the Ten Commandments in classrooms.
  • HB 875 (Allen, D-Houston): Would require that superintendents annually report on student restraints, complaints filed against students, citations issued to students, and student arrests. The data would be made available to the public by TEA.
  • HB 1017 (Martinez, D-Weslaco): Would require schools with 50% or more of students eligible for free or reduced price lunch to donate food to a nonprofit to be distributed to students at the campus.
  • HB 1416 (Lucio III, D-Brownsville): Would require TEA to adopt uniform general conditions for school building construction contracts.
  • HB 2002 (Leach, R-Plano): Would require that districts report their total expenses related to administering required assessments.
  • HB 2183 (Allen, D-Houston): Would require schools to report to TEA and in the Public Education Information Management System (PEIMS) on students who are released to their parents before the end of the instructional day. Parents would have access to the report.
  • HB 2609 (King, K., R-Canadian): Would allow school districts to assign ESL teachers to bilingual education programs if they have a shortage of bilingual education teachers. The committee substitute for the bill allows the bilingual education allotment to be used for teacher salaries and for certifying bilingual teachers in the district.
  • HB 2691 (VanDeaver, R-New Boston): Would require providers of online services used for a school purpose to use unique identifiers that masks student information.
  • HB 2797 (Hinojosa, D-Austin): Enables specialized support campuses or those that only serve students in special education to be considered separately for accountability purposes.
  • HB 3000 (Talarico, D-Round Rock): Would require schools to notify TEA and give written notice to parents if there is a data breach in the district involving students’ information. TEA would maintain a public database of such breaches.
  • HB 3132 (Allen, D-Houston): Would require that staff development for teachers who provide reading instruction in grades K-3 include training in effective instructional practices and the use of validated instructional methods.
  • HB 3146 (Meza, D-Irving): Would require schools to offer students a vegan breakfast and lunch option.
  • HB 3204 (Sanford, R-McKinney): Would prohibit the governing board or commissioners court from including more than one project in any proposition submitted to authorize the issuance of bonds.
  • HB 3467 (King, K., R-Canadian): Would change how School Land Board (SLB) cash is handled to try to increase the ability of the SLB and SBOE to make returns to public education. There have been recent concerns with money that the SLB and SBOE manage and invest, which ultimately makes its way into public schools.
  • HB 3630 (Meyer, R-Dallas): Would prohibit school district employees from engaging in  dangerous techniques for student discipline, which disproportionately impact students with disabilities.
  • HB 3820 (Sherman, D-DeSoto): Would require (at state cost) school districts to administer one of the ACT or SAT to certain students who have taken the Algebra I or English I or II end-of-course exam (EOC).
  • HB 3846 (Capriglione, R-Southlake): Would require the SBOE to develop “mini-courses” on topics such as personal financial literacy, computer coding, and cybersecurity, which districts could use after assessments are administered.
  • HB 3884 (Wilson, R-Marble Falls): Transfers duties for providing bacterial meningitis information from TEA to the Department of State Health Services.
  • HB 3141 (Swanson, R-Spring): Would prohibit a school district from having certain business interests in real estate; arts, entertainment, and recreation; or accommodation and food services.
  • HB 4454 (Rodriguez, D-Austin): Would require the SBOE to adopt developmentally appropriate standards for social and emotional learning and require school districts to use the standards in  appropriate educational programs.
  • HB 4626 (Swanson, R-Spring): Would make the Harris County Department of Education subject to sunset review.

The House Public Education Committee will meet next Tuesday, April 23, at 8 am. See the agenda here, which includes a bill to make children of educators eligible for prekindergarten and a bill to ensure that public school counselors’ time is spent on core counseling duties. The committee is also expected to meet briefly on Thursday, April 18, merely for voting on pending bills.

House Public Education Committee hears bills on civics, bullying, virtual schools, and more

On Tuesday, April 16, 2019, the House Public Education Committee heard bills on topics including civics education, the virtual school network, mandate relief, and accountability.

ATPE supported several bills by registering in favor of the following:

  • House Bill (HB) 2642 (Allison, R-San Antonio) would require the Commissioner of Education to adopt rules requiring school districts and charters to annually report Public Education Information Management System (PEIMS) data on bullying and cyberbullying incidents.
  • HB 3008 (Talarico, D-Round Rock) would create a civic education project fund consisting of grants, gifts, donations, or money that is appropriated, credited, or transferred at the discretion of the legislature. The fund would be used for professional development and for providing public school students in grades four and above who are economically disadvantaged a chance to complete a civic education project.
  • HB 3133 (Allen, D-Houston) would allow school district employees to use their personal leave for compensation on school holidays. Rep. Allen expressed that this bill is intended to help hourly employees stretch their paychecks over unpaid holidays.
  • HB 3521 (VanDeaver, R-New Boston): Part of a mandate relief package to eliminate outdated or redundant statutes, this bill would improve teacher retention data by using PEIMS rather than TRS data, makes technical changes to federal references regarding students who are homeless, and creates a uniform definition of homeless children and youth. The bill also removes a reporting requirement on the administration of epi-pens; includes language on notice of charter campus establishment; and strikes a June 1 deadline for instructional materials. The bill repeals TEA’s online clearinghouse of best practices, recognition of high school completion and success and college readiness programs, and energy-efficient light bulbs in instructional facilities requirements. Rep. VanDeaver stated that he may amend the bill to make its charter notification language stronger.
  • HB 3712 (Bucy, D-Austin) would require the State Board of Education (SBOE) to adopt rules requiring a high school student to be provided at least once with practical information about the process of voting in public elections.

ATPE provided written neutral testimony on HB 496 by Rep. Barbara Gervin-Hawkins (D-San Antonio). ATPE supports provisions in HB 496 that would help ensure student safety through a bleeding kit program in public schools. However, we are concerned with language in the bill affecting an employee’s civil liability immunity. Read ATPE’s written testimony here.

ATPE also provided written testimony against HB 429 by Rep. Matt Shaheen (R-Plano). The bill includes provisions that would expand virtual school programs. The bill would increase the cost and inefficiency of the public education system by allowing for expanded and duplicative virtual instruction. Furthermore, data show that students enrolled in full-time virtual schools regularly under-perform their peers enrolled in traditional classroom settings. Read ATPE’s written testimony here.

The following bills were also heard by the committee on Tuesday:

  • HB 580 (Thierry, D-Houston) outlines the ability of school districts to contract with and reimburse private employers providing career and technical education (CTE) paid internships to students using CTE funds.
  • HB 662 (King, K., R-Canadian) would prohibit the state from recovering money that was incorrectly delivered to schools in certain circumstances.
  • HB 997 (Collier, D-Fort Worth) would require most school districts and charters to conduct and publicly report on lead contamination testing every five years.
  • HB 2013 (Gervin-Hawkins, D-San Antonio) would allow implementation of a Commissioner or agency rule on accountability to be delayed until the second school year after its adoption.
  • HB 2019 (Geren, R-Fort Worth) would require school districts to send written notice to parents with a link to the sex offender database.
  • HB 2572 (Patterson, R-Frisco) would create a pilot program for Districts of Innovation (DOIs) to use portfolio assessment for students in 8th grade social studies and high-school U.S. History.
  • HB 2818 (Lucio III, D-Brownsville) would remove certain statutory requirements for online dropout recovery program.  Rep. Lucio said that his bill would improve HB 3706 from the 85th Legislative Session and restore legislative intent.
  • HB 2879 (Raney, R-Bryan) would create a competitive grant program largely for medical providers to promote early literacy.
  • HB 2881 (Bernal, D-San Antonio) would add another option under last session’s SB 1882 for campuses labelled as “improvement required” by infusing new resources into the campus so that it may be designated a “resource campus.” Components of the program would include re-application of teachers to work at the campus; a 300:1 student-to-counselor ratio; assignment of an effective principal; social-emotional learning; restorative discipline; class-size limits; and an accountability pause.
  • HB 3009 (Talarico, D-Round Rock) would require TEA to advise school districts on civics training materials and resources for educators and add civics to the social studies description in the foundation curriculum. The bill would also require TEKS for civics instruction once in grades 4-8 and as part of at least one high school course. The bill would direct the SBOE as to what must be included as part of civics education and require school districts and charters who implement this curriculum to develop a project-based civics education course.
  • HB 3053 (Gervin-Hawkins, D-San Antonio) would require school districts to adopt a “healthy and safe school water plan” that includes periodic lead testing and reducing exposure to lead in school water.
  • HB 3141 (Guillen, D-Rio Grande City) would require that the Commissioner administer the state (Virtual School Network) VSN in coordination with its administering authority and shift all costs for evaluation and approval to the administering authority. A committee substitute for the bill moves the authority from TEA to the University of Texas at Austin High School.
  • HB 3387 (Anchia, D-Dallas): This bill for Dallas County would abolish the dissolution committee established to abolish county boards of education or boards of county school trustees and transfer all duties and obligations of the committee to the commissioners court of the county.
  • HB 3628 (Goodwin, D-Austin) would require the State Board for Educator Certification (SBEC) to establish a special education certification.
  • HB 3818 (Lozano, D-Kingsville) would create a work-based learning task force to develop strategies for expanding and delivering youth or adult apprenticeships or internships that provide paid work experience and corresponding classroom instruction.
  • HB 3836 (Bell, K., R-Forney) would require rather than allow school districts to consider using open educational resources.
  • HB 4270 (Wu, D-Houston) would allow a municipal management district to provide public education facilities as part of the long list of improvement projects or services they can provide.
  • HB 4342 (Clardy, R-Nacogdoches) would change the composition of the board of directors of the Texas School Safety Center to include a professional architect and three rather than two members of the public.
  • HB 4480 (Meza, D-Irving) would require the commissioner to establish a task force to study the utility, efficacy, and feasibility of art therapy to improve the mental health of students in public and higher education.
  • HJR 112 (King, T., R-Uvalde) would allow Webb County to enter into an agreement with the school districts for which the county holds lands in trust.

On Wednesday, April 17, the House Public Education Committee will meet again to hear bills after the House chamber meets. The committee will also vote out several bills, so stay tuned!

House Public Education Committee hears 38 bills on charters, assessment, and discipline

On Tuesday, April 9, 2019, the House Public Education Committee heard 38 bills, which were overwhelmingly related to charter schools. A few bills regarding accountability, assessment, and student discipline were also heard. The vast majority of charter schools bills focused on raising the transparency and accountability of charters and on creating parity between traditional districts and charters.

ATPE registered support for the following bills:

  • House Bill (HB) 43 (Hinojosa, et al., D-Austin): Would add “discipline history” to the list of prohibited factors a charter can take into account when accepting students and removes the ability of charters to exclude students with documented history of criminal offense, juvenile court adjudication, or discipline problems. Does allow charters with at least 75% students who are 18 years or older to provide for these exclusions.
  • HB 139 (González, M., D-Clint): Would require charters to provide notice of an expansion amendment to open a new campus just as is required for entirely new charters. The notice must be provided no later than 18 months before the campus opens and include geographic specificity.
  • HB 228 (Krause, R-Fort Worth): Would create new eligibility standards for districts to become a District of Innovation (DOI), including academic performance eligibility and financial eligibility, as determined by the commissioner. Requires that the DOI plan establish performance objectives for the district.
  • HB 570 (Capriglione, R-Southlake): Would require the governing bodies of charter holders and charter schools to hold each open meeting in the geographic area in which the charter served and to be broadcast over the Internet (these changes were made in a committee substitute).
  • HB 636 (White, R-Hillister): Applies to the disclosure of interested parties involved in contracts that require a vote by the governing body of the governmental entities or have a value of at least $1 million. Would include open-enrollment charters as governmental entities, just as public school districts are.
  • HB 1730 (Davis, Y., D-Dallas): Would require that new and expanded charter campuses be more than one mile from another open-enrollment charter campus, unless the other campus has been operating at maximum student enrollment described by their charter for at least the two preceding school years.
  • HB 1853 (Pacheco, D-San Antonio): Would require charters to hire certified educators and protect educator rights, including for principals.
  • HB 1981 (Cole, D-Austin): Would expand notification requirements to apply to charter expansion amendments and would require the notice to identify the closest public school campus to the charter.
  • HB 2487 (Dutton, D-Houston): Would make charters subject to the provision of Government Code chapter 617 regarding collective bargaining and strikes.
  • HB 2510 (Hinojosa, et al., D-Austin): Would require that charters post their code of conduct on their website and require it to include suspension policies. Requires that charter policies and procedures for suspension and expulsion comply with Chapter 37 of the Texas Education Code and that suspensions not exceed three days.
  • HB 2621 (Bailes, R-Shepherd): Would create a common admission application form for charters and requires the commissioner to manage a waiting list. Each charter would be required to report to the commissioner information on enrollment and waiting list numbers. Would also require the commissioner to identify which charters are corporate affiliates or substantially related charters holders and aggregate this information, to be posted online with the aggregated enrollment and waiting list numbers reported from the charters.
  • HB 2760 (Allison, R-San Antonio): States that districts can submit a statement to the commissioner regarding the impact a new charter school or charter expansion will have on the district. The commissioner would be required to issue an impact report on the charter application that includes information related to how the charter will affect the community, educational availability and duplication, financial burden on district, cost to state, and the written statement aforementioned. The impact report will be made public on the TEA website and provided to the charter or applicant and the others who are to receive the currently required notice.
  • HB 2776 (Allison, R-San Antonio): Would require charters to prepare and submit to TEA an “informed choice report” that includes academic information, demographic information, their calendar, information on transportation and meals, information on extracurriculars and academic course offerings, parental requirements, rights, and responsibilities, teacher statistics including salary, number on the waiting list, admission criteria, discipline policies, rates of disciplinary action, if the school uses an online program, number of school counselors and nurses, and if students have access to a library.
  • HB 2824 (VanDeaver, R-New Boston): Would extend Rep. VanDeaver’s writing pilot from the 84th session (HB 1164) through 2022-2023. This writing portfolio assessment tests the feasibility of replacing the current 26-line essay requirement. Would require the agency to develop methods to determine the validity of the scoring process. Rep. VanDeaver said that there were 30,000 students participating in Spring of 2018, and only 5-6 staff members in charge of the pilot at TEA.
  • HB 2964 (Davis, Y., D-Dallas): Would prohibit the employment of those who have engaged in misconduct that presents a risk to students, as documented by either a school district or the State Board for Educator Certification.
  • HB 2983 (Huberty, R-Humble): Would reduce the number of state-administered assessments for students who have already demonstrated mastery in certain subjects, potentially reducing tests from 17 to 10.
  • HB 2987 (Ramos, D-Richardson): Would require charters to post for each governing board member their biographical information, business interests, if they are elected or appointed, and the length of their service.
  • HB 3013 (Talarico, et al., D-Round Rock): States that charters are subject to the law regarding the suspension of students and restricts the reasons charters can expel students only to Section 37.007 of the Texas Education Code.
  • HB 3069 (González, M., et al., D-Clint): Would require the commissioner to establish a professional development grant program to encourage teachers to obtain computer science certification and continue professional development in coding, computational thinking, and computer science education.
  • HB 3263 (Allen, D-Houston): Would protect charter school employees under the Whistleblower Act, just as school district employees are.
  • HB 3877 (Ramos, D-Richardson): Would require charter schools to post their financial statements through a clearly identifiable link that appears in a prominent place on their home page.
  • HB 4242 (Bernal, et al., D-San Antonio): Would require that state assessments be evaluated by an independent group of qualified educators with Texas teaching experience for readability. Requires the commissioner to hold a public hearing before determining the readability of the assessments and requires that the readability be released for each questions and passage along with the questions and answer keys (at the appropriate time). Requires the State Board of Education to review assessment instruments and places a one-year pause on accountability and testing until unless the readability standards are met. Requires the commissioner to request a federal waiver if standards are not met.

ATPE submitted  written, neutral testimony on Chairman Dan Huberty’s (R-Humble) HB 3904. HB 3904, in general, is a “clean-up” bill for last session’s HB 22, and aims to clarify and specify the law to match the original intent of the policy. The bill clarifies the treatment of dual credit as an accountability measure and adds in complete coherent industry certification course sequences, students who participate in extracurriculars, and ninth graders who are on track to graduate with their cohort. For K-8, the bill adds indicators accounting for students who participate in full-day pre-K, students who participate in math and literacy academies, and students who participate in extracurriculars. Importantly, the bill limits the domain performance ratings to be no more than 50% reliant on test scores. For the student achievement domain, 40% would be attributed assessments, 20% from high school graduation, and 40% from CCMR. The bill also makes changes to accountability for dropout recovery schools. Individual graduation committees are also continued in this bill.

ATPE did not support the provision in the original bill that allowed the commissioner to order reconstitution of a below-standard campus and implement “strategic staffing”, which was largely based on test performance-based measures of teachers. The Chairman has changed the bill in a committee substitute to eliminate this provision, which is great!

The following bills were also heard in committee:

  • HB 769 (Davis, S., et al., R-West University Place): Would require the board of trustees to receive approval from the commissioner for any severance payment to a superintendent who has been terminated based on malfeasance. Further requires that Foundation School Program funds may not be used to pay the severance and that no severance may be paid to a superintendent who has completed less than 51% of their contract. The committee substitute for the bill clarifies the definition of malfeasance and removes retroactive reporting.
  • HB 1003 (Collier, D-Fort Worth): Would create an admission preference for students who reside in the attendance zone of the school district within which the charter is located. Allows for a separate lottery for these students.
  • HB 1301 (Davis, S., R-West University Place): Would require school districts with enrollment of 10,000 or more to publish monthly web reports on board minutes, plans, and objectives, and quarterly reports on academic achievement and district finances. This bill is aimed at only affecting Houston ISD.
  • HB 2190 (Hunter, R-Corpus Christi): This bill only applies to a charter with an enrollment greater than 200 located in a county with less than 400,000 that contains a municipality of least 300,000 (aimed specifically at a Corpus Christi area school). Allows the charter to admit a child of a school employee. Testimony on the bill was positive and Hunter said that he would entertain the bill being statewide. Chairman Huberty said they could change the bill to impact the entire state as an amendment on the House floor.
  • HB 2406 (Geren, R-Fort Worth): States that a charter may not spend public funds for political advertising or for communications describing measures that are false or could influence voters. Brings parity to charters, as school districts are already subject to this law.
  • HB 2488 (Dutton, D-Houston): States that if a charter school has 5,000 or more students in average daily attendance, it is considered to be a state agency for purposes of Chapter 2161 of the Government Code regarding Historically Underutilized Business (HUB). Just as school districts do, charters would have to comply with provisions regarding HUBs, which would include a commitment to increasing contracting opportunities with these businesses.
  • HB 2991 (Talarico, D-Round Rock): Would require, rather than allow, districts and charters to develop and implement a positive behavior and restorative justice program. Through the program, the district or school can provide an alternative to suspension. Creates, in Chapter 37 of the Texas Education Code, a restorative justice coordinating council to assist the agency and school districts in developing restorative justice programs and training.
  • HB 3012 (Talarico, et al., D-Round Rock): Would require that school districts provide students an alternative means of instruction for the classes the student misses while in in-school suspension (ISS) or out-of-school suspension (OSS), and that at least one option should not require the use of the internet. The committee substitute for this bill reduces this requirement to only apply to core courses and states that the instruction doesn’t have to be in-person.
  • HB 3155 (Deshotel, D-Beaumont): Would require municipalities to regard charters as school districts for purposes of zoning, permitting, code compliance, and development. Also applies land development standards to charters. Would prohibit municipalities, counties, or political subdivisions from enacting or enforcing an ordinance that prohibits a charter school from operation.
  • HB 3219 (Allison, R-San Antonio): Would allow campus behavior coordinators to create behavior contracts for students who violate the code of conduct and require their parent to sign the contract as a condition of not taking immediate action against the student.
  • HB 3322 (Burns, R-Cleburne): Would require school districts to post who is responsible for discipline on their website. According to testimony, the bill arose out of a town hall by Senator Kolkhorst.
  • HB 3398 (Johnson, Jarvis, D-Houston): Would require the TEA committee responsible for reviewing accountability appeals to review the challenges by school districts or charters. Requires that the commissioner not limit the challenge if the school district or charter created the inaccuracy and requires that the commissioner correct the rating if the rating assigned was too low.
  • HB 3861 (Bohac, R-Houston): Would allow districts who have been granted program charters by their board and who have contracted with a charter to jointly operate the campus and receive district-charter funding under last session’s SB 1882. Rep. Bohac said that this would only affect Spring Branch ISD and Aldine ISD in the Houston area, as these districts already have such program charters.
  • HB 3941 (Deshotel, D-Beaumont): Would require TEA to develop a process for providers to apply for the authority to operate an online adult high school diploma from for eligible students. Student must reside in Texas, be 19 or older, have been unable to satisfy high school graduation requirements at the normal time, have been unable to meet the graduation requirements of any other program, and meet any other requirements as set out by the commissioner.
  • HB 4209 (Davis, Y., D-Dallas): Would require that charter governing board members are elected and that their terms do not exceed four years. Parents of students enrolled would be able to vote. Rep. Davis said that the bill will be revised.

The Committee will meet again this Thursday for a formal meeting just to vote out bills that have been heard by the Committee so far. Chairman Huberty stated at the end of the hearing that most of the controversial bills have been heard now, but that nearly 600 bills have been referred to them. There are still several weeks of session to go and many more important bill topics to cover! Stay tuned.

House Public Education Committee hears bills on home-schooler UIL participation, health and safety, and more

On Thursday, April 4, 2019, the House Public Education Committee met to hear bills on several topics, including home-schooled students’ participation in UIL, student health, protected speech, and the available school fund.

ATPE supported several of the bills on yesterday’s committee agenda:

  • House Bill (HB) 348 (Nevárez, et al., D-Eagle Pass): Would allow school districts to provide increased compensation to a teacher who completes an autism training provided by a regional education service center. This bill was not actually heard by the committee yesterday due to a last-minute change.
  • HB 1602 (Hernandez, D-Houston): States that a school district may not begin instruction before 8 am and calls for appropriating over $755 million to the Texas Education Agency (TEA) for the purpose of offsetting the additional transportation costs associated with the bill. Rep. Hernandez said that 34% of Texas schools start in the 7 am hour, and some students wait in the dark for the bus as early as 5:45 am. A student testified for the bill, saying it would help her get more sleep and receive less disciplinary action. ATPE member Yen Rabe also testified in support as one of several witnesses who cited increased safety and student well-being if the school day were to start later.
  • HB 2738 (Meyer, R-Dallas): Would expand educator misconduct provisions adopted through SB 7 from the 2017 legislative session to also include non-certified employees, such as those who may work in charter schools and Districts of Innovation. The bill would require TEA to create a “do-not-hire” registry of these non-certified persons.

ATPE registered in opposition to HB 1324 by Rep. James Frank (R-Wichita Falls), which would require public schools participating in UIL activities to provide home-schooled students who meet certain eligibility requirements with the opportunity to participate in the activity. Districts would likely incur costs from this mandate, and HB 1324 does not ensure that home-schooled students would be subject to the same requirements and thus on a level playing field with their public school peers. Testimony on this bill was split between those who had concerns about implementation, costs to public schools, and increased government oversight, and those who wanted to be able to participate in UIL activities, especially sports. Read ATPE’s written testimony against the bill here.

The following bills were also heard by the committee yesterday:

  • HB 873 (Allen, D-Houston): Would require the admission, review, and dismissal (ARD) committee to review students’ behavior intervention plans (BIPs) at least annually for those who have a BIP as part of their individualized education plan (IEP). This bill also requires changes to the student code of conduct, including parent notification about the student’s BIP or if the student needs a BIP when violations of the code occur, and it changes law around the use of restraints and time-outs, requiring detailed notification to parents. Lastly, the bill requires that if a school district takes disciplinary action against a student with disabilities that results in a change in placement, the district must conduct a behavioral assessment and develop or revise the student’s BIP.
  • HB 1131 (Cole, et al., D-Austin): Would create the “Texas Public Finance Authority” to act as a “paying agent” under current law for the guarantee and payment of bonds. School districts could also borrow money from the new authority.
  • HB 1906 (Burns, R-Cleburne): Would allow a parent of a student with severe cognitive disabilities to request that the child be exempted from required assessments. The ARD committee would make further determinations on whether the student should be exempted and what the best assessment instrument for the child would be. Special education advocates testified about concerns with making sure someone is still held accountable for growth and progress of these students, and argued that assessments should be fixed rather than removing students from taking assessments altogether.
  • HB 2097 (Krause, et al., R-Fort Worth): This bill would allow only Arlington ISD to withdraw from TRS-ActiveCare under a pilot project. Representatives of the school district testified that healthcare costs for its employees under TRS are too high, but members of the committee were cautious and indicated there should be more study on statewide impact before allowing one district to have special treatment.
  • HB 2244 (González, M., D-Clint): Would define what is protected speech and require school districts to adopt a policy establishing rules regarding students’ right to exercise freedom of the press at school. Testimony supporting the bill included remarks from students, teachers, a professor, and a lawyer.
  • HB 2393 (Burrows, R-Lubbock): Would require the State Board of Education (SBOE) and the Texas Parks and Wildlife Department (TPWD) to develop a hunter education course for students in grades 7-12 that a school district can use as a part of its physical education curriculum. Rep. Burrows stated that there are barriers to children being able to take hunter education and that many violations have been committed by hunters, presumably as a result of lack of education.
  • HB 2555 (Parker, R-Flower Mound): Would update the guidelines on food allergies and require school boards and governing bodies of charters to update their policies on caring for students with food allergies who are at risk of anaphylaxis.
  • HB 2689 (Dean, et al., R-Longview): Would require each school superintendent to designate a cybersecurity coordinator to serve as a liaison between the district and TEA. Rep. Dean stated that student data, such as social security numbers, are particularly valuable and in need of protection.
  • HB 2739 (Meyer, et al., R-Dallas): Would require private school administrators to report misconduct by educators they employ to the State Board for Educator Certification (SBEC) and allow them to obtain information from SBEC any reports the board has about prior misconduct or criminal histories of such individuals.
  • HB 2740 (Meyer, et al., R-Dallas): Would require the Department of Family and Protective Services to release information regarding child abuse and neglect investigations and allegations to private schools, as it does for public schools.
  • HB 3683 (Dutton, D-Houston): Would allow the commissioner to authorize a charter or campus program to provide a dropout recovery program for grades 9-12, at which 50% of the enrollment must be students who are age 17 or older. Eligible students would include those who have dropped out or been in a disciplinary alternative education setting, as well as homeless students, working students, asylees and refugees, or at parent request. Charter school advocates testified that the bill would improve student retention and completion.
  • HB 4205 (Craddick, R-Midland): Would allow repurposed campuses to be operated in partnership with certain nonprofits that have a successful record of operating a campus or charter. Former Speaker Craddick stated that a school slated for closure has only two options (close the campus or appoint a board of managers), and his bill offers a third option by allowing non-profit charters to partner with the school district to reopen the school. TEA General Counsel Von Byer said the campus would still have to be closed and repurposed, and that the repurposed campus would have to serve a majority of new students and offer a distinctly different academic program.
  • HB 4613 (Shaheen, R-Plano): Would allow parents to request an exemption from state and federal testing requirements for special education students, potentially through a federal waiver. Special education advocates testified with concerns on meeting federal reporting requirements and having accountability for all students, including those with disabilities.
  • HB 4611 (Huberty, R-Humble) and its related House Joint Resolution (HJR) 151 (Huberty, R-Humble): Would propose a constitutional amendment to allow the General Land Office’s (GLO) School Land Board to transfer up to $600 million to the available school fund. The current allowable contribution is only $300 million. Testimony from both the GLO and from Dr. Keven Ellis of the SBOE was neutral, focused on finding avenues to increase funds to the available school fund.

The following pending bills heard during prior meetings were voted favorably from committee on Thursday: HB 851, HB 1026, HB 1517, HB 1639, HB 1640, HB 1823, HB 2511, HB 2984, HB 3007, HB 3217, HB 3323, HB 3435, HB 3966, HCR 59, HB 843, HB 1160, HB 1276, HB 1632, HB 2030, HB 2184, HB 4310, and HB 2210.

The House Public Education Committee will meet again on Tuesday, April 9, 2019, to hear a variety of bills, mostly pertaining to charter schools.