Category Archives: interim charges

Senate Education Committee discusses virtual schools, special education, and COVID-19

The Senate Education Committee met Friday, November 13, at the Texas Capitol to discuss an agenda including digital learning, special education, House Bill (HB) 3, and state assessments. Like the committee’s last interim hearing, senators met in person and sat separated by clear plexiglass dividers. The committee only accepted invited testimony, which was delivered virtually.

Most of Friday’s witnesses were school superintendents who testified about their various experiences with virtual learning. The brunt of the testimony was geared toward expanding virtual schools, which ATPE has long cautioned against. Research has consistently found that full-time virtual schools are a poor substitute for in-person instruction. ATPE submitted testimony to the committee warning that although educators have adapted to virtual learning for now in order to protect public health, it is unwise to expand full-time virtual schools on a permanent basis. ATPE recognizes that the pandemic has necessitated widespread virtual instruction this year in the short term, but it will be important in the long run for students to resume in-person instruction as soon as it is safe in order to minimize learning loss.

Texas Education Commissioner Mike Morath presented the committee with an update on the implementation of HB 3, the school finance bill legislators passed in 2019. According to the Texas Education Agency (TEA), HB 3 added $4.9 billion in state funds while decreasing local funding by $2.2 billion in Fiscal Year 2020, for a net increase in total funding of $2.7 billion.

Thus far, 26 school districts are part of the first cohort of the Teacher Incentive Allotment (TIA), which is the performance pay program established under HB 3. Through the September settle-up process, TEA reported distributing $40 million to districts on the behalf of 3,650 teachers participating in that program. A handful of superintendents testified regarding implementation of the program. The bill also established a Teacher Mentor Program Allotment (TMPA), which had 67 districts approved as of August to provide stipends for mentor teachers in the 2020-21 school year.

The agency is also charged with tracking the unintended consequences of HB 3. Morath said one item for consideration by lawmakers next session is a quirk in the funding formulas whereby a district with 700 or fewer students may paradoxically lose net funding when adding CTE students who should qualify for additional funding.

Josh Sanderson from the Equity Center urged the state to use any additional federal stimulus money to ensure districts receive their anticipated funding. Sanderson pointed out that districts need consistent, reliable funding and face additional unanticipated costs as a result of COVID-19, including an increased need for transportation services. ATPE’s testimony urged the state to fully fund the commitments made under HB 3, including protecting gains to school funding and educator compensation.

The committee also heard updates on the implementation of HB 3906, which made significant changes to STAAR implementation. Most notably, the bill required TEA to transition to fully electronic administration of the STAAR by the 2022-23 school year. The agency is scheduled to report on its progress toward this objective at next week’s State Board of Education (SBOE) meeting. Sen. Beverly Powell (D-Burleson) cautioned that online testing could disadvantage students who are less comfortable with technology or have learning disabilities. A number of school administrators asked the committee to extend the timeline for the transition. ATPE’s testimony recommended that the state waive STAAR administration for the 2020-21 school year.

COVID-19 was another topic discussed in the hearing. TEA touted its response to the pandemic, including its extension of funding flexibility for remote instruction, providing personal protective equipment (PPE) to districts, and launching Operation Connectivity to provide technology and internet access to underserved areas. Morath suggested that determining how remote instruction will be funded in the long term will be a challenge for the legislature.

Morath also highlighted the challenge of tackling learning loss as a result of the disruption to the educational environment due to COVID-19. ATPE has consistently pointed out that this need for remediation should serve as a warning to those looking to expand full-time virtual schools outside of a pandemic setting. In written testimony, ATPE highlighted the resolutions ATPE members passed during the 2020 ATPE Summit urging the state to prioritize the health of educators and students.

Special education was the final topic of the day. TEA staff testified that the state has increased special education spending by 27% over the past four years. A 2016 investigation found that Texas had under-identified students who are eligible for special education services, and the U.S. Department of Education notified TEA in 2018 that it had violated federal law in doing so. According to TEA, special education enrollment went from 8.7 percent in the 2015-16 school year to 10.7% in the 2019-20 school year.

The Texas Council of Administrators of Special Education (TCASE) testified that Texas must change the way special education services are funded so as to correspond to the costs of specific services provided. Disability Rights Texas noted that schools have lost contact with many students in special education over the course of the pandemic and echoed the need for special education funding reform.

Today’s hearing is expected to be the last for the Senate Education Committee before the legislative session begins January 12, 2021.

Teach the Vote’s Week in Review: Oct. 16, 2020

Here are this week’s education news highlights, brought to you by ATPE Governmental Relations:


CORONAVIRUS UPDATE: In conjunction with the Texas Education Agency (TEA) and the Texas Division of Emergency Management (TDEM), Governor Greg Abbott announced this week that eight school systems would be included in a COVID-19 rapid testing pilot. Participating schools will receive rapid antigen tests that can produce results in 15 minutes. The tests will be administered to students, teachers, and staff who choose to participate. The state hopes eventually to expand rapid testing in schools to mitigate the spread of the virus as more students return for in-person learning. Read more about the program in this reporting from the Texas Tribune.

This week’s updates to the Texas Public Schools COVID-19 dashboard show that, compared to last week’s reported numbers, positive cases rose by 2.6% among students and 6.8% among staff. As districts are notified of positive test results, they may update their numbers, and the dashboard’s values for the prior week (ending Oct. 4) have increased beyond what was previously reported. The updated data show last week’s positive cases rose by 11.8% among students and 15.5% among staff. (The increases reported last week were significantly less than this, at 2.3% among students and 7.8% among staff.) As a reminder, positive test results are only included for students and staff who participate in on-campus instruction and activities.

ATPE’s COVID-19 FAQs and Resources page includes newly updated information about educators returning to school. Here are additional ATPE resources:

  • Get answers to legal questions about COVID-19 and earn CPE by watching ATPE’s webcasts on our professional learning portal.
  • Use our Parent-Teacher Toolkit, featuring our latest video on helping kids thrive in today’s world.
  • See the pandemic and ATPE’s response evolve through our interactive timeline.
  • ATPE members can send messages to their government officials through Advocacy Central.

ELECTION UPDATE: The first week of early voting is almost over, and record numbers of Texans have already cast their votes. Early voting lasts until Oct. 30! If you haven’t voted yet, check out ATPE Lobbyist Andrea Chevalier’s post on her early voting experience, which includes tips for a smooth trip to the polls.

ATPE Exec. Dir. Shannon Holmes sports his “I voted early” sticker

Court decisions continue to impact ballot drop off locations and the use of drive-thru and curbside voting. The Senate District 30 special election runoff between Shelley Luther and Rep. Drew Springer has been set for Dec. 19. For more election-related news, see this week’s election roundup post from ATPE Lobbyist Mark Wiggins.

You may have noticed on ATPE’s Twitter and Facebook that ATPE members and staff are posting videos on why they vote. Share your own video on social media using #WhyIVoteTXEd and tag @OfficialATPE and @Teach the Vote! Find additional general election voting dates and reminders here, and don’t forget to check out our candidate profiles here on Teach the Vote.


As mentioned in this article by the Dallas Morning News, ATPE Senior Lobbyist Monty Exter was invited to testify on teacher workforce issues during a Senate Education Committee interim hearing this week. Exter advocated for streamlined professional development and reduced paperwork burdens on districts and educators. The committee also heard invited testimony from adult education providers and education preparation programs. Read more about the hearing in this blog post from ATPE Lobbyist Mark Wiggins and see ATPE’s written testimony here.


The 2020 Census count ended this week after an October 13 Supreme Court order shortened the deadline from October 31 to October 15. The deadline has fluctuated multiple times as the Trump administration played tug-of-war with the courts. Some argue the administration wanted to cut the deadline to ensure time to manipulate the census data to exclude unauthorized immigrants living in the U.S. Read more about the development in this post by ATPE Lobbyist Andrea Chevalier.


TEA sent out a notice this week to Education Service Centers and district testing coordinators describing a new method for calculating the STAAR progress measure for the 2020-2021 school year. The modified measure would reach back in to 2018-19 student testing data, skipping over 2019-20 since no tests were given due to the pandemic. Questions remain as to whether the STAAR testing is appropriate at this time and how a modified progress measure might be used in the accountability system for 2020-21. Read more in this post by ATPE Lobbyist Andrea Chevalier.

ATPE discusses teacher workforce issues with Senate committee

The Senate Education Committee met Wednesday morning, Oct. 14, in Austin to discuss teacher workforce and adult education topics. Members of the committee met in person and heard testimony from invited witnesses who spoke to the committee virtually. The committee did not hear public testimony.

Chairman Larry Taylor (R-Friendswood) said each committee member was tested for COVID-19 prior to the meeting. Members on the dais were separated by clear plastic dividers and some wore face coverings. Chairman Taylor said the committee plans to hold one more meeting before the 87th Texas Legislature meets in January.

The committee first discussed the Goodwill Excel Center, which is a public charter school system serving adults between the ages of 18 and 50. There are six Excel Center campuses across the state that provide non-traditional adult students with a flexible school setting so that they can earn high school diplomas or their equivalent, as well as industry certifications. During the 2019 legislative session, ATPE supported House Bill (HB) 1051 by Rep. Gary VanDeaver (R-New Boston), which made permanent the Goodwill Excel Center and codified its best practices. Because of issues regarding how the current public school accountability system “fits” the Excel Center model, Texas Education Agency (TEA) staff said the agency is developing an alternative evaluation regime that addresses differences in educating adults.

In addition to the Excel Center, there are several independent school districts across the state that serve adults up to age 25, in addition to the state-run Windham School District, which also offers adult education to incarcerated persons up to age 25. Windham staff testified their district serves 27,000 students per year, offering courses that lead to a high school diploma or career and technical certification. Unfortunately, Windham is subject to proposed TEA budget cuts that ATPE advocated against, citing potential harm to at-risk and disadvantaged student populations. The committee additionally heard from the San Antonio College Empowerment Center, which also offers adult education services.

The committee then discussed the recommendations of a working group on teacher workforce issues convened by the lieutenant governor. ATPE Senior Lobbyist Monty Exter was one of three representatives of the group invited to provide testimony today. The work group pointed out the gradual accumulation of confusing and often duplicative training requirements placed on educators. The requirements found in both Texas statutes and rules have become excessive and repetitive, preventing educators from pursuing training opportunities that best support their individual needs.

Monty Exter testified virtually before the Senate Education committee, Oct. 14, 2020.

The group recommended the State Board for Educator Certification (SBEC) create a statewide clearinghouse of training requirements that includes recommendations for best practices and frequency of training. The group said the state should empower local school boards to take information from that clearinghouse and adopt those requirements on a an annual basis. ATPE’s  Exter testified that the state should streamline professional development to eliminate duplication and confusion. Exter also pointed out there is a wide variety of requirements for recordkeeping and reporting, and suggested records should be retained locally, with districts allowed to provide them to TEA upon request in order to reduce paperwork.

The work group is preparing to release a 70-page document containing consensus recommendations approved by a large number of education stakeholders, including ATPE. The committee lastly heard from a number of educator preparation providers (EPPs) regarding the importance of preparing teachers for online learning.

ATPE submitted written testimony to the committee that offered a number of recommendations on the broader topic of teacher workforce issues. ATPE recommended the legislature ensure funding is in place to maintain any raises educators received as a result of House Bill (HB) 3 last session and fully fund mentoring and induction programs. ATPE recommended lawmakers also fund continuing professional education initiatives and maintain the freedom of educators to choose the professional development programs best for them. ATPE also recommended the state provide tuition assistance to increase diversity in the teacher workforce and lower the financial burden of attending high-quality undergraduate EPP programs.

ATPE submits interim testimony to House committees on COVID-19, school funding, and more

As we have been reporting here on Teach the Vote, several Texas legislative committees have solicited written feedback from stakeholders this year in lieu of taking public testimony at in-person hearings this year. House and Senate committees have been tasked by Speaker Dennis Bonnen and Lt. Gov. Dan Patrick, respectively, with studying interim charges on a host of issues and offering recommendations to the 87th Texas Legislature that will convene in January 2021.

The House Public Education Committee recently issued formal requests for information on a handful of its interim charges. Today ATPE submitted the following responses, sharing our members’ feedback on these issues:

  • Interim Charge 1[A] asks the committee to monitor implementation of House Bill (HB) 3, the comprehensive school finance bill passed in 2019 that resulted in compensation increases for many teachers. In response to this charge, the committee is focusing specifically on “pay raises districts have provided to staff and the various approaches adopted to differentiate these salary increases according to experience.” ATPE’s submission highlights the importance of elevating educators’ pay as a means of raising the prestige of the profession. We are recommending that lawmakers ensure funding is in place to maintain educator salary increases under HB 3 and encourage districts to distribute any additional funding in the form of permanent raises. ATPE also shares our feedback on ongoing implementation of the bill’s merit pay program known as the Teacher Incentive Allotment.
  • With Interim Charge 1[B], the committee seeks feedback on school accountability, assessment, interventions, and school district-charter partnerships. ATPE’s submission includes general observations about the state’s A-F accountability rating system and various bills passed in recent years that have affected student testing and the manner in which school districts and campuses are rated. We highlight our concerns about the use of data derived from the State of Texas Assessments of Academic Readiness (STAAR) and other tests during the 2020-21 school year while the COVID-19 pandemic continues to disrupt the educational environment.
  • Interim Charges 1[C], 1[D], 1[E], and 1[F] all sought input on school safety and mental health initiatives spurred by legislation in recent years. ATPE submitted feedback on these charges emphasizing the heightened importance of health and safety measures being prioritized amid the pandemic, the need for continued funding of these initiatives, the vital role of school counselors and other mental health professionals employed in public schools, and the recommendation that classroom teachers be involved in task forces that are studying mental health issues for students.
  • The committee solicited information about digital learning with its Interim Charge 2. ATPE’s response answers the committee’s questions about barriers to providing a digital learning environment for all students and determining where gaps exist in internet coverage.
  • The committee also sought information for an interim study of COVID-19. ATPE’s submission for this interim charge addresses very specific question posed by the committee: “Are Texas public schools ensuring the health and safety of students, faculty, and staff during the 2020 Fall Semester? ATPE shares insights gleaned from a member survey we conducted last week through the Advocacy Central section of our website on this topic, along with concerns we have heard from educators dealing with the pandemic. Safety protocols, workload impacts, educator retention, and the difficulty of adhering to rigid high-stakes testing requirements amid the pandemic are some of the concerns highlighted in our written input.

The House Appropriations Committee similarly solicited written input from stakeholders regarding its interim charges. ATPE submitted comments today to the Appropriations Subcommittee on Article III, which oversees the state budget for public education. Our input focused on the costs of implementing HB 3 and areas where the state could save money during the COVID-19 pandemic, including halting charter expansions and pursuing a second-year waiver of federal testing and accountability requirements.

House Public Education committee posts formal requests for information

House Public Education Committee meeting, Oct. 28, 2019.

We won’t see familiar images of the Texas House Public Education Committee meeting in person anytime soon. In accordance with procedures released in July for carrying out “distanced” interim committee business during the pandemic, the committee posted five formal requests for information on Wednesday and Thursday of this week. Four of the requests reflect the interim charges assigned to the committee by House Speaker Dennis Bonnen, while the fifth request relates to COVID-19. Anyone can submit information to the committee by September 30, 2020. Here is a summary of the requests:

1: The committee seeks information related to interim charge 1, which is related to monitoring and oversight of relevant agencies, programs, and the implementation of a slew of bills passed in recent legislative sessions. These include bills and rule-making related to school finance (House Bill 3, mentor teacher allotment, teacher incentive allotment, etc.), accountability and testing (STAAR, A-F ratings, district-charter partnerships), and school safety and mental health in schools. The formal request also includes several questions that the committee seeks answers to that largely relate to school finance, including a specific emphasis on teacher pay, and the efficacy of charter schools and district-charter partnerships.

2: This request seeks information related to interim charge 2, which seeks to determine barriers to providing a digital learning environment for all children. Specific questions related to this request ask where gaps in internet coverage exist and how internet providers may fill these gaps.

3: With regard to interim charge 3, the committee is seeking information related to the Texas Education Agency’s compliance with the U.S. Department of Education in correcting their errors related to special education. This includes the implementation of TEA’s Special Education Strategic Plan and other requirements the state has come out of compliance with, such as annual maintenance of financial support.

4: This request will not likely apply to many educators and the general public, as it is related to the committee’s fourth interim charge of monitoring the State Auditor’s review of agencies and programs.

COVID-19: The committee has posted seven questions to gather information on the pandemic. These include whether public schools are ensuring the health and safety of students, what plans are in place for on-campus COVID-19 testing, what plans are being made for athletics this fall, what projected enrollment might look like for 2020-2021, whether there is a noticeable impact on staff retention, if funding has already been impacted, and how the pandemic has specifically impacted the finances of small and rural school districts.

ATPE encourages educators to participate in this information-gathering process. Stay tuned to Teach the Vote for more information and news on ATPE’s submissions to the committee and other House committees that have requested education-related information.

ATPE advocacy never stops. Get involved outside the legislative session.

When people think about public education advocacy, many naturally think about the legislature and the 140-day legislative session that occurs every two years. To be sure there is a lot of action during session, but there are also plenty of ways for public education advocates, including ATPE’s professional lobby team and members of the general public who care about the issue, to stay engaged outside of a legislative session.

Two primary areas of engagement during the interim are interacting with state regulatory boards and agencies and following interim charges to legislative committees.

Boards and agencies, such as the State Board of Education or the Teacher Retirement System, do the day-to-day work of implementing the laws enacted by the state legislature. This work happens year-round and these entities have a huge impact on shaping the law through their interpretation and implementation of it. Stakeholders can share their input with boards and agencies through administrative rulemaking processes and at public meetings.

State board and agency rules are contained in the Texas Administrative Code. Each week, proposed and newly adopted rules are published in the Texas Register through the Secretary of State’s office. Both resources are available to the public.

For example, just this week ATPE submitted comments on multiple administrative rules.

  • ATPE formally commented on proposed changes to commissioner’s rules governing school district-charter partnerships under Senate Bill 1882 of 2017.
  • We joined with the Texas Association of Future Educators in recommending rule revisions by the State Board for Educator Certification (SBEC) that could benefit high school students who are interested in careers in the classroom.
  • ATPE also shared concerns about SBEC rules relating to master teacher certificates that are slated to be eliminated as a result of 2019’s House Bill 3 (2019).

In addition, we attended this week’s State Board of Education meetings, as ATPE Lobbyist Mark Wiggins has reported on here and here for Teach the Vote. These are examples of advocacy efforts that, while related to actions taken by the legislature, take place in entirely different arenas. Rulemaking happens at the federal level, too. Through our Washington, DC-based lobby team, we are able similarly to stay on top of federal regulatory actions that might affect ATPE members.

Legislative committees have also begun conducting interim hearings that will continue to ramp up over the summer. These hearings give lawmakers an opportunity to monitor the implementation of recent legislation and to discuss the House interim charges and Senate interim charges. Public testimony is often allowed at these meetings, and committees may also invite expert witnesses to sit on panels or speak about an issue. Interim charges, and the hearings at which they are discussed, often provide the basis for major legislation in the upcoming legislative session. Becoming involved in the shaping of bills before they are ever filed puts savvy advocates way ahead of the game.

ATPE will engage in these and many other advocacy opportunities throughout the interim on behalf of our 100,000 members, and we encourage educators and others who care about public education to do the same. Take the time to share your input with decision-makers during this important, sometimes overlooked advocacy period. ATPE advocacy never stops!

STAAR readability study, part one, released

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

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

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

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

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

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

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

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

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

What’s next?

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

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

Breaking news: Texas House Speaker releases interim charges

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

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

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

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

Teach the Vote’s Week in Review: Nov. 1, 2019

Happy Friday! Here are your highlights of this week’s education news from the ATPE Governmental Relations team:


ELECTION UPDATE: Today is the first day of November, but it’s your last day to vote early in the constitutional amendment election slated for Tuesday, Nov. 5, 2019.

ATPE is urging all educators to learn what’s on the ballot. (Since you’ll be turning back your clocks this weekend, you’ve got an extra hour to read up on the proposed amendments!) If you miss your chance to vote early today, be sure to go vote on Election Day next Tuesday.

ATPE Lobbyist Mark Wiggins has written an update today on a closely watched special legislative election that is also taking place on Tuesday. Additionally, ATPE Senior Lobbyist Monty Exter has written a post for our blog this week on how to build a culture of voting and get into the habit of voting in every election. Don’t miss your chance to shape the future of public education in Texas. Go vote!


The House Public Education Committee was in town this week for an interim hearing on the implementation of House Bill (HB) 3 and other recent legislation. Monday’s hearing featured invited testimony only, including a presentation by Commissioner of Education Mike Morath. Read more about the meeting in this blog post from ATPE Lobbyist Andrea Chevalier.


Members of the Texas State Senate received their homework assignments this week. Lt. Gov. Dan Patrick, who presides over the Senate, formally released the Senate’s interim charges on Wednesday, Oct. 30, 2019. The charges direct members of the Senate’s various committees to spend the rest of the legislative interim studying particular issues and making recommendations for any new legislation that might be needed in 2021 to address those issues. The interim charges related to public education include a range of topics including teacher recruitment, student discipline, and restricting educators’ political activities. Learn more about what’s in the Senate interim charges in this blog post from ATPE Lobbyist Mark Wiggins.


The Texas Education Agency (TEA) issued a formal report to the legislature this week about Houston ISD, the largest public school district in Texas. Following an investigation, TEA is recommending that  a board of managers be appointed to oversee the district in place of its current elected school board. The school district, meanwhile, has gone to court seeking injunctive relief to prevent Commissioner of Education Mike Morath from taking that action. The lengthy TEA report shared with lawmakers on Wednesday cites improper contracting procedures and violations of the state’s open meetings laws by HISD’s board of trustees. Learn more in this reporting from the Texas Tribune.


On Wednesday, Oct. 30, 2019, the Texas Senate Select Committee on Mass Violence Prevention and Community Safety met again to take testimony from experts and discuss two of its charges. The emphasis of this meeting was on the role of digital media, the dark web, and culture on violence and policy regarding the wearing of masks. Panelists and senators discussed how social media, video games, mental health, and juvenile justice policies have impacted violent occurrences and explored potential legislative actions. Watch the archived hearing here.


 

Senate interim charges include investigating educators’ political activity

Lt. Gov. Dan Patrick (R-Texas) released interim charges for state senators late Wednesday. The Senate interim charges for the 86th Texas Legislature include language mirroring that used to justify a pair of bills this past session that were aimed at discouraging educators from being politically active.

After every legislative session, the Senate and House each release their own set of interim charges. Individual charges are assigned to each legislative committee and represent those legislators’ “homework” before returning to Austin for the next session. The idea is that members of each committee will study those charges, conduct hearings during the interim, and return the following legislative session prepared to file bills on those topics. The charges also typically include directions to monitor the implementation of bills recently passed into law and recommend any adjustments that may need to be made during the next legislative session.

The 2019 Senate interim charges include studying educator recruitment, preparation, and retention; a review of disciplinary alternative education programs (DAEP); studying the Texas Education Agency’s (TEA) corrective action plan for special education; a review of how investments are made by the Teacher Retirement System (TRS) and the Permanent School Fund (PSF); monitoring school districts’ implementation of the increases to teacher compensation ordered under House Bill (HB) 3; and investigating advocacy by local communities and public schools misleadingly characterized as “taxpayer lobbying.”

Of particular note is a charge directing the Senate State Affairs Committee to “ensure compliance with laws that prohibit school trustees and employees from improperly using public funds to advocate for or against any candidate, measure, or political party.” While ATPE fully agrees that public funds should not be used for electioneering, unfounded accusations targeting educators were used during the 2019 legislative session to justify a pair of bills aimed at chilling educators’ political speech. It is particularly worth noting that these accusations were leveled by officials who have taken positions opposed to public education in the past and were made following a 2018 election cycle in which the public education community was acknowledged to have played a major role in electing pro-public education candidates.

Senate Bill (SB) 1569 by Sen. Pat Fallon (R-Prosper) would have dramatically expanded the legal definition of electioneering solely as it applies to educators. It would have subjected educators to criminal penalties for violating “political advertising” laws if they engage in the act of discussing anything of a political nature on school property, regardless of whether that conversation occurred in private, between friends, or off the clock. A similar bill, SB 904 by state Sen. Bryan Hughes (R-Mineola) would have imposed cumbersome restrictions on e-mail signups and public WiFi systems. You can read more about those bills here and here. Notably, Sen. Hughes has recently been appointed by Lt. Gov. Patrick as the new chairman of the State Affairs Committee that will conduct this investigation during the interim and would likely hear any such bills filed next session.

The following list includes excerpts from the 2019 Senate interim charges that may be of interest to educators. The charges are broken up by committee, each of which is listed in bold. You can read the full list of all interim charges released on Wednesday here.

Senate Committee on Criminal Justice

Crimes Against Students with Disabilities: Examine whether current laws are effectively protecting students with disabilities. Make recommendations to improve student safety, while also protecting educators’ abilities to maintain order and safety for everyone in the classroom.

Senate Education Committee

Teacher Workforce: Examine best practice models to recruit, prepare, and retain highly effective teachers. Review teacher professional development, continuing education, and training for teachers, and recommend improved training methods to improve student academic outcomes.

Alternative Education Students: Study current local, state, and national policies and programs for alternative education student populations. Make recommendations to strengthen existing programs and encourage the development of new innovative models.

Adult Education: Identify and evaluate current innovative programs that assist non-traditional students (first-time adult learners, re-enrolling students, working adults, and educationally disadvantaged students) in completing a high school diploma, GED, post-secondary degree, or workforce credential, including a review of adult education charter schools and their performance framework. Make recommendations to help successful expansion with partnered business and education entities.

Disciplinary Alternative Education Programs: Review disciplinary alternative education programs, including lengths of placement, quality of instruction, and the physical conditions of these facilities. Make recommendations to support and promote the academic success of these programs and enhance the ability of public schools to meet the needs of these students through innovative school models.

Digital Learning: Assess the Texas Virtual School Network and recommend model legislation that improves digital learning for students, families, and educators in a 21st Century classroom.

Special Education Services: Evaluate ongoing strategies to continuously improve special education services for students in public schools including, but not limited, to the Texas Education Agency’s corrective action plan.

Monitoring: Monitor the implementation of legislation addressed by the Senate Committee on Education passed by the 86th Legislature, as well as relevant agencies and programs under the committee’s jurisdiction. Specifically, make recommendations for any legislation needed to improve, enhance, or complete implementation of the following: Senate Bill 11, relating to policies, procedures, and measures for school safety and mental health promotion in public schools and the creation of the Texas Child Mental Health Care Consortium; House Bill 3, relating to public school finance and public education; and House Bill 3906, relating to the assessment of public school students, including the development and administration of assessment instruments, and technology permitted for use by students.

Senate Finance Committee

Investment of State Funds: Review the investment strategies and performance of funds invested through the Teacher Retirement System, the Permanent School Fund, and university funds. Make recommendations to better coordinate and leverage Texas’ purchasing power to maximize investment income to the state.

Monitoring: Monitor the implementation of legislation addressed by the Senate Committee on Finance passed by the 86th Legislature, as well as relevant agencies and programs under the committee’s jurisdiction. Specifically, make recommendations for any legislation needed to improve, enhance, or complete implementation of the following: Senate Bill 12, relating to the contributions to and benefits under the Teacher Retirement System; …House Bill 4388, relating to the management of the permanent school fund by the School Land Board and the State Board of Education and a study regarding distributions from the permanent school fund to the available school fund; House Bill 4611, relating to certain distributions to the available school fund; …District implementation of increases in teacher compensation provided by the 86th Legislature; and Efficiencies in state-funded health care programs that reduce or contain costs and improve quality of care. Assess the quality and performance of health plans that contract with the state, including contract compliance, financial performance and stability, quality metrics, and consumer surveys, among other indicators. Monitor the implementation of Health and Human Services Commission Rider 19 and Article IX, Section 10.06.

Senate State Affairs Committee

Elections: Study the integrity and security of voter registration rolls, voting machines, and voter qualification procedures to reduce election fraud in Texas. Specifically, study and make recommendations to: 1) ensure counties are accurately verifying voter eligibility after voter registration; 2) improve training requirements for mail-in ballot signature verification committees; 3) ensure every voter has access to a polling station, particularly in counties that have adopted countywide polling; 4) allow the voter registrar, county clerk, and Secretary of State to suspend an unqualified voter’s registration or remove an ineligible voter from a list of registered voters; and 5) ensure compliance with laws that prohibit school trustees and employees from improperly using public funds to advocate for or against any candidate, measure, or political party.

Taxpayer Lobbying: Study how governmental entities use public funds for political lobbying purposes. Examine what types of governmental entities use public funds for lobbying purposes. Make recommendations to protect taxpayers from paying for lobbyists who may not represent the taxpayers’ interests.