Category Archives: Legislative Update

Teach the Vote’s Week in Review: Jan. 17, 2020

As you slip into the three-day weekend and celebrate the legacy of Martin Luther King, Jr. on Monday, take a look at this week’s education news from the ATPE Governmental Relations team.


ELECTION UPDATE: We have just over a month until the Texas primary election on March 3, 2020. Check out ATPE Lobbyist Mark Wiggins’s most recent election-related blog post for the latest campaign finance insights and other tidbits. Remember that the deadline to register to vote in one of the primaries is Feb. 3, and you can verify your voter registration status here.

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

  • Learn more about the candidates by checking out their profiles here on Teach the Vote. All candidates running in 2020 for the Texas House or Senate or the State Board of Education are featured on our website, with their answers to the ATPE Candidate Survey (where available) and existing legislators’ voting records on education issues.
  • TexasEducatorsVote.com is another great source for election-related resources, advice, and voting reminders.
  • Learn everything you need to know about Texas elections in the Texas Tribune’s five-week crash course called “Teach Me How to Texas.” It’s free and fun! Click here to sign up.
  • Additionally, check out the upcoming candidate forums around the state being sponsored by the Raise Your Hand Texas Foundation. Click here for details and the full list of their “For the Future” town hall events beginning this month.

RELATED: If you live the Houston or Dallas area, don’t forget about the upcoming runoff election for three vacant House seats in House Districts 28, 100, and 148. Early voting starts Tuesday, Jan. 21. Registered voters in those districts can vote in the runoff even they skipped the first special election back in November. Learn more about the special election candidates on our Resources page.


ATPE’s Monty Exter

The Texas Education Agency (TEA) held a public hearing on Monday regarding proposed new commissioner’s rules affecting expansion of charter schools in Texas. ATPE Senior Lobbyist Monty Exter joined other education stakeholders, including school district leaders and parents, at the hearing to testify on proposed revisions to the charter performance framework and charter expansion amendment process. Their input focused on concerns about the potential for significant expansion of charter schools with little state oversight or consideration of the fiscal consequences or impact on students.

Specific points offered through the testimony included the following:

  • TEA does not consider proximity to existing campuses when approving new charter school campuses, which can lead to duplication, waste, and inefficiency. Existing school districts near the new charter campus retain fixed costs but receive less funding.
  • State law requires TEA to consider the impact on all students served by the Texas public school system when proposing rule changes like these. This includes the economic impact of a program serving only a small subset of students and the educational impact on students, especially if the local population is not large enough to support robust programming at both the existing school(s) and the added charter campus in the same location.
  • TEA already has approved more than 557,000 seats at charter schools, which exceeds the enrollment level on which the state’s budget is based. If all those seats were filled, it would cost the state more than $11 billion over a two-year period s and consume more than a quarter of the funding under the Foundation School Program. Moreover, this maximum approved enrollment capacity of 557,000 would grow even larger under the commissioner’s proposals.
  • The state’s performance framework should not reward charter operators for things like maintaining their status as a 501(c)(3) nonprofit organization, which is already required by law.
  • A charter operator should not be labeled “high quality” if its performance is based on excluding students with disabilities or filtering out other students who are harder to teach. Under federal law, TEA must ensure all public schools identify, enroll, and serve special education students.

ATPE joined more than a dozen other education advocacy groups in submitting formal written comments to the commissioner, as well. Click here and here to read the text of the proposed rule changes that were published in the Texas Register on Nov. 22 and Nov. 29, 2019, respectively.


Thank you to all ATPE members who took our very first “Your Voice” survey this winter. The results provided valuable insight into what our members’ top policy issues are, such as standardized testing, educator compensation and benefits, and the Teacher Retirement System (TRS). Look for a blog post diving deeper into these issues on Teach the Vote next week.


On Thursday, Jan. 16, 2020, President Donald Trump announced from the Oval Office that nine federal agencies, including the U.S. Department of Education (ED), would release new guidance regarding religious expression. In public schools specifically, the new guidance clarifies protections for students who want to pray or worship in school and eases access to federal funds for religious organizations that provide social services. The guidance also requires that, in order to receive federal funds under the Elementary and Secondary Education Act, school districts must certify with their state agency that they do not have policies in place that would prevent students’ right to pray. Additionally, states must have a process in place to receive complaints against school districts regarding religious expression and must notify ED about such complaints.

Under the First Amendment of the U.S. Constitution, students and teachers have a right to pray in public schools. However, while acting in their official capacities, teachers, administrators, and other school employees are not permitted to lead, encourage, or discourage students from participating in prayer. Read more about the new rules in this reporting by the Washington Post.


On Tuesday, Jan. 14, 2020 three Texas voters, the League of Women Voters, and the Move Texas Civic Fund filed a federal lawsuit to challenge Texas’s lack of online voter registration when residents update or renew their driver’s licenses online. Under The federal motor voter law allows for voter registration when obtaining a driver’s license, but in Texas, the law is only carried out in face-to-face interactions. This is the second iteration of the case, which was originally dismissed by a federal court because the plaintiff had become re-registered to vote before a verdict was reached and lost standing to sue. Should the plaintiffs ultimately win this latest case, Texas would have to allow online voter registration through the driver’s license process. Read more about the new case in this reporting from the Texas Tribune.


As ATPE Lobbyist Andrea Chevalier reported earlier today on our blog, Texas House Speaker Dennis Bonnen (R-Angleton) has announced his appointment of Rep. Giovanni Capriglione to chair the powerful House Appropriations committee. Read more about the announcement here.


 

Breaking news: Capriglione appointed chairman of House Appropriations

Rep. Giovanni Capriglione

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

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

Teach the Vote’s Week in Review: Jan. 10, 2020

Happy New Year! We hope your holiday break was filled with rest and relaxation. Please enjoy this week’s education update from the ATPE Governmental Relations team.


ELECTION UPDATE: We have less than two months until the Texas primary election on Super Tuesday, which is March 3, 2020. ATPE Lobbyist Mark Wiggins shares the latest election news, including new endorsements and presidential race updates, in this blog post. Don’t forget that the deadline to register to vote in one of the primaries is Feb. 3, and you can verify your voter registration status here.

The upcoming runoff election for three vacant House seats in the Houston and Dallas areas is scheduled for Jan. 28, 2020. The seats are Texas House District 28, 100, and 148. Early voting starts Tuesday, Jan. 21. Registration to vote in these elections closed on Dec. 29, 2019. Remember that as long as you are a registered voter residing in one of these districts, you can vote in the upcoming runoff even if you missed out on voting in this election back in Nov. 2019. Since voter turnout is typically even lower for special elections and runoffs, these House races could be decided by a very small group of voters. Make sure you are among them!

ATPE joins our partners in the Texas Educators Vote coalition in thanking educators for their involvement and helping us spread our “Get Out The Vote” (GOTV) messages around the state. We hope you’ll take advantage of the many election resources available at TexasEducatorsVote.com and prepare to be an informed voter in 2020 by learning about the candidates. Join educators around the state in taking the “Oath to Vote” and be sure to vote on Educators’ Voting Day – February 18, 2020!

ATPE’s Governmental Relations team members are currently updating our Teach the Vote website with profiles of all candidates running for the Texas House or Senate, plus the State Board of Education. In the coming weeks you’ll be able to view their responses to the 2020 ATPE Candidate Survey (where available) plus additional information about the candidates. ATPE also provides voting records for all incumbent legislators, showing you how they voted in the 2019 legislative session and prior sessions on education issues. Check out the candidate profiles here on Teach the Vote.


ATPE is helping our friends at The Texas Tribune to promote a new resource for Texans to learn about voting in the Nov. 2020 general election: Teach Me How to Texas. Learn everything you need to know about Texas elections in The Texas Tribune’s free five-week crash course. You’ll learn interesting facts about Texas’ past and culture, how different communities and regions in Texas vote, how candidates raise and spend money, how to spot a good poll from a bad one, and how to decode your November ballot. Click here to sign up!


The Raise Your Hand Texas Foundation has launched “For the Future”, which is a series of candidate forums and town halls focused exclusively on public education. Over the course of 40+ events all across Texas, interested educators and community members will have the chance to learn more about candidates’ positions on public education before voting in the 2020 primary elections. Below, please find the dates and locations of candidate forums that are currently planned for January, and find additional information on all the town hall events here.


The Texas Education Agency (TEA) kicked off the new year with a new video in its “HB 3 in 30” video series, which aims to explain the many different parts of House Bill (HB) 3, the school finance reform bill the Texas Legislature passed in 2019. This week’s video focuses on tax compression, which is a major component of the bill. Without getting into too many technocratic details, HB 3 aims to slow the increases in local property taxes in order to get closer to a reasonable balance between school funding that comes from local taxpayers and funding that comes from the state. Legislators promised that the state would put in enough additional money that the local tax compression under HB 3 would not reduce the amount of funding schools currently receive. You can read this set of slides from TEA that explain how this is supposed to work. The agency also released this guidance to districts explaining how tax rate changes will be implemented in 2020 and announced it will begin collecting local tax data in May 2020.

The agency also released 2018-19 School Report Cards under the A-F system in late December. Under the new accountability system, some schools are able to assign themselves a grade based upon a local accountability system. The agency is hosting webinars in February and March to explain the requirements and how to start up a local accountability system.


 

Teach the Vote’s Week in Review: Dec. 20, 2020

As you end the school year and cozy up for the holidays, please enjoy the last weekly wrap-up of 2019 from the ATPE Governmental Relations team. The ATPE state office will be closed from Dec. 23 to Jan. 4, reopening on Jan. 6, 2020. Expect our next Teach the Vote weekly wrap-up blog post to be published on Jan. 10, 2020.


ELECTION UPDATE: With candidate filing seemingly complete – after a few extensions in races where there were late withdrawals – we’re now getting a good picture of the match-ups that will be on the ballots for the Texas primary election on Super Tuesday, which is March 3, 2020. ATPE Lobbyist Mark Wiggins shares some of the insights plus endorsement news in his latest election roundup blog post here. Don’t forget that the deadline to register to vote in one of the primaries is Feb. 3, and you can verify your voter registration status here.

In the Houston and Dallas areas, candidates will be busy trying to garner voters’ support over the holidays for an upcoming runoff election on Jan. 28, 2020. The runoff is for special elections deciding three vacant House seats: Texas House District 28, 100, and 148. Early voting starts Tuesday, Jan. 21. If you live in one of those three districts and are not yet registered to vote, you have until Dec. 29, 2019, to register to vote in the runoff, even if you did not vote in the original special election in November.

We at ATPE join our partners in the Texas Educators Vote coalition in thanking educators for their involvement and helping us spread our “Get Out The Vote” (GOTV) messages around the state. We hope you’ll take advantage of the many election resources available at TexasEducatorsVote.com and prepare to be an informed voter in 2020 by learning about the candidates. ATPE will be updating our Teach the Vote website in January with profiles of all candidates running for the Texas House or Senate, plus the State Board of Education. In the meantime, learn more about your incumbent state legislators, including how they voted in the 2019 legislative session on education issues, by viewing their profiles on Teach the Vote.


ATPE is helping our friends at The Texas Tribune to promote a new resource for Texans to learn about voting in the Nov. 2020 general election: Teach Me How to Texas. Learn everything you need to know about Texas elections in The Texas Tribune’s free five-week crash course. You’ll learn interesting facts about Texas’ past and culture, how different communities and regions in Texas vote, how candidates raise and spend money, how to spot a good poll from a bad one, and how to decode your November ballot. Click here to sign up!


The Teacher Retirement System (TRS) Board of Trustees met in Austin last week, and ATPE Senior Lobbyist Monty Exter attended the meetings. The board discussed space planning needs for the TRS agency, a recent actuarial valuation of the TRS Pension Trust Fund, and a funding policy that will affect future benefits, on which ATPE provided testimony. Read more details about the meeting in this week’s blog post from Exter.


When you have some free time over the holiday break, ATPE encourages all of our members to take a few minutes to log into the ATPE website and answer our “Your Voice” survey on ATPE’s Advocacy Central. It’s a quick, three-question survey about which education issues are most important to you. Let us know which legislative issues you care about the most and want ATPE to work on in 2020 and beyond!

Click on the photo to hear a quick message from ATPE Executive Director Shannon Holmes about the survey.

 


 

Teach the Vote’s Week in Review: Nov. 22, 2019

Ready for Thanksgiving? Gobble up this week’s education news from the ATPE Governmental Relations team! We wish you a happy Thanksgiving and will post our next weekly summary on Dec. 6, 2019.


ELECTION UPDATE: Republicans in the Texas House of Representatives have launched a new PAC with the help of GOP strategist Karl Rove, and a new round of poll results show President Donald Trump shouldn’t take Texas for granted. Read more in this week’s election roundup from ATPE Lobbyist Mark Wiggins.

A runoff election date of Jan. 28, 2020, has been set for special elections in House Districts 28, 100, and 148. Unless you live in those districts, your next opportunity to vote will be the primary elections on March 3, 2020. Check to see if you are registered to vote here. If you’re not, the deadline to register to vote in the primary by Feb. 3, 2020! Visit TexasEducatorsVote.com to get involved, find activities you can do to drive more participation in elections, and sign up for voting updates.


You may be familiar with your legislators’ position on public education, but do you know how your state representative or senator actually voted on education bills this past session? ATPE lobbyists have carefully hand-picked key education votes from the 86th legislative session and uploaded them to all state legislators’ profiles on our Teach the Vote website for your review.

This collection of recorded votes aims to help Texans find out how their own lawmakers voted on major public education issues and ATPE’s legislative priorities. We invite you to use our search page to gain insight into incumbents’ views on public education. Share the information with your friends and family, too, to help inform decisions at the polls during the critical 2020 election cycle. Also, read up about our featured education bills in the first of a two-part blog series by ATPE Governmental Relations Director Jennifer Mitchell on the record votes and their significance within the broader legislative process.

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


Do you think the state places too much emphasis on standardized testing? Is there another issue you wish the state would address? Tell us about it in our short, three-question survey. This survey is meant to gather ATPE members’ opinions on education issues, including results of the last legislative session. Don’t worry if you didn’t follow the last session too closely, as the ATPE lobby team still wants to hear from you so that we can best represent your voice at the Texas Capitol.

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


The Texas Education Agency (TEA) has released a new video in its “HB 3 in 30” series explaining the various (and plentiful) aspects of the 86th Legislature’s omnibus school finance bill, House Bill (HB) 3. This week’s video dives into K-2 diagnostics, including streamlining of kindergarten readiness instruments, first and second grade diagnostics, dyslexia screening, and professional development. The video gives an overview of new requirements, optional tools and supports, and practice considerations.


 

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

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


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

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


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


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


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

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


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

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


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


 

Teach the Vote’s Week in Review: Nov. 8, 2019

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


ELECTION UPDATE: Thank you to all who voted in Tuesday’s general election!

All three special elections to fill vacated Texas House of Representatives seats are headed to runoffs. Additionally, of the 10 constitutional amendments on the ballot Tuesday, nine were approved by voters. Check out this election results post by ATPE Lobbyist Mark Wiggins to learn more about how candidates and ballot measures fared on Nov. 5. Wiggins also has you covered on nationwide election news, including the recent exit from the presidential race of former Texas Congressman Beto O’Rourke. This just in: State Rep. Poncho Nevarez (D-Eagle Pass) announced late Friday he will not run for reelection in 2020. Nevarez chairs the House Homeland Security and Public Safety Committee. You can read more about his announcement in this post by the Texas Tribune.

In additional election-related news, our friends at TexasISD.com report that local voters passed 81 percent of the 63 school district bond elections held around the state during Tuesday’s election. When votes were tallied up, more than 93 percent of the total value sought by all districts statewide being approved. These high passage rates are a continued sign that the public overwhelmingly supports their local public schools and additional spending on those schools’ and students’ needs.

If you didn’t get the chance to vote this time, your next opportunity will be the primary election on March 3, 2020. The deadline to register to vote in the primary is Feb. 3, 2020. Check to see if you are registered to vote here. Need some inspiration? Read ATPE Lobbyist and former educator Andrea Chevalier’s voting story.


Do you have a couple of minutes to spare? The ATPE Governmental Relations team invites all ATPE members to take a short, three-question survey about the most recent legislative session and your education priorities. Help us best represent your voice at the Texas Capitol by taking our new “Your Voice” survey on ATPE’s Advocacy Central. You must be signed into the ATPE website as a member to participate in the survey, so call the ATPE Member Services department at (800) 777-2873 if you’ve forgotten your password.


The Texas Education Agency (TEA) announced on Wednesday plans for the state to take over management of Houston ISD and two rural school districts, Shepherd ISD and Snyder ISD. Commissioner of Education Mike Morath cited two reasons for the takeover of Houston ISD: “failure of governance” and the consistent under-performance of Wheatley High School in the district. Houston ISD serves over 200,000 students. The takeover of all three school districts will entail replacement of each elected school board by a state-appointed Board of Managers and the appointment of a state conservator. Learn more in this reporting from the Texas Tribune.


This week the U.S. Secret Service’s National Threat Assessment Center released a comprehensive analysis of targeted school violence. The report, focused on K-12 schools for the period of 2008 to 2017, details common trends among the school attacks. One significant finding was that, while there is no typical “profile” of a perpetrator, they do exhibit certain warning signs and traits. These include having been a victim of bullying, an adverse childhood experience, a mental health issue, access to firearms, and motive typically involving a grievance with classmates or school staff. Read a summary of the report from Education Week here, or read the full report here.

Back home in Texas, the House Select Committee on Mass Violence Prevention and Community Safety held its third public meeting this week. The hearing took place in Odessa, the site of one of the recent shooting attacks that garnered national attention. The committee heard several hours of testimony from local families and law enforcement, some of whom had lost loved ones in the Midland and Odessa shooting on Aug. 31, 2019. Testifiers pleaded for a more effective background check system and the integration of mental health information into the public safety system. Legislators and law enforcement officials discussed prevention strategies focused on more cohesive communication, such as a regional communications center. A recording of the hearing can be found here. Read more about the hearing from local CBS7 in Midland here.


Next week on Teach the Vote, we’ll be updating all state legislators’ profiles on our website to incorporate voting records from the 86th legislative session. ATPE’s lobbyists have analyzed all the education-related votes taken during the 2019 legislative session and selected a collection of recorded votes that will help Texans find out how their own lawmakers voted on major public education issues and ATPE’s legislative priorities. By sharing this information, we hope to help voters gain insight into legislative incumbents’ views on public education so that they can make informed decisions at the polls during the critical 2020 election cycle.

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


 

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.

House Public Education Committee gets an update on accountability, school finance bills

House Public Education Committee interim hearing, Oct. 28, 2019.

The House Public Education Committee met on Monday, Oct. 28, to hear an update on legislation from the 85th and 86th legislative sessions and testimony from panels of invited witnesses.

The interim hearing began with an overview from Texas Commissioner of Education Mike Morath on public school accountability. Specifically, the committee heard about House Bill (HB) 22 by Rep. Dan Huberty (R-Kingwood) passed by the 85th Texas Legislature in 2017. That bill shrank the accountability system from five to three domains. HB 22 also created a distinction between campus and district accountability “grades” of “D” and “F,” such that a rating of “D” would represent a “needs improvement” condition rather than a “failing” status. As the Texas Education Agency (TEA) has implemented HB 22, several problematic scenarios have emerged due to multiple interpretations of the law.

One such scenario pertaining to the timeline for accountability sanctions and interventions has left districts wondering where they stand and waiting for guidance in the form of commissioner’s rules or clarifying legislation next session. Specially, does a “D” rating break up a series of “F” ratings in a manner that would restart the clock for purposes of determining required interventions? Since HB 22 is slated to take full effect in the 2020-21 school year, legislators and TEA officials are facing pressure to find a solution, such as delaying the adoption of rules, for districts grappling with questions like these. Commissioner Morath told the committee on Monday that he will be reaching out to affected districts to try to provide guidance.

Due to issues like these, we can probably expect another accountability clean-up bill to be filed in the 2021 legislative session. The commissioner suggested two statutory changes that may help alleviate the problems. The first is to eliminate required interventions for failure in a domain grade, leaving mandatory interventions in place based on a district’s or campus’s overall grade. The second suggestion is to change the “D” rating so that it continues to advance the intervention clock but would not require school closure or the appointment of a Board of Managers unless performance falls to an “F” and no less than six years have elapsed.

Texas Commissioner of Education Mike Morath

Commissioner Morath also gave the committee an update on the local accountability system pilot, which allows school districts to use additional indicators that their communities find important. Nineteen districts participated in the 2017-18 pilot year and submitted pilot data. The commissioner identified three big challenges that districts faced when creating their systems: would the local accountability system produce 1) reliable results over time, 2) results that accurately measure a desired result, and 3) a reasonable accountability score that was “calibrated” with the state accountability system. The commissioner stated that these challenges were used as the criteria against which districts were rated in determining whether to approve their local accountability system.

Ultimately, only two districts, Dallas ISD and Snyder ISD, had their local accountability systems approved by the commissioner, which prompted committee members to raise concerns during Monday’s hearing. One superintendent who testified during the hearing stated that his district’s application was denied because, according to the TEA, the district had focused too much on “adult behavior” inputs that were not directly measured using student achievement data. The superintendent gave the example of using incentives to increase the use of AVID (Advancement Via Individual Determination) as part of its local accountability system proposal. ATPE has long advocated for including inputs in the accountability system, such as ensuring that students are taught by educators who are certified in the subjects and grade levels they are teaching. We believe that such measures are more directly controllable by districts and individual educators than other factors and typically lead to better student outcomes. During Monday’s committee meeting, a panel of school superintendents and other public education advocates also gave feedback on implementation of the state’s accountability system, similarly expressing a desire for the inclusion of inputs related to such “adult behaviors.” They also recommended enabling the state accountability system to be more nuanced to account for the correlation between poverty and student tests scores, and they advocated for delaying the adoption of commissioner’s rules until the HB 22 implementation issues can be cleared up with legislation in 2021.

The committee also received an update from the commissioner on the implementation of HB 3, the school finance overhaul bill passed during the 86th session of 2019. Commissioner Morath stated that there was a $635 average increase in per pupil funding as a result of the bill, and he plugged TEA’s “HB 3 in 30” video series, which offers in-depth explanations of various aspects of HB 3. Other updates were given to the committee on the following:

  • The STAAR readability study required by HB 3 is being conducted by the University of Texas at Austin. An initial report is due to the legislature by Dec. 1, 2019, and a second portion of the report is expected by Feb. 1, 2020. The commissioner told the committee that if the study concludes that changes to the test are needed, then those will be made.
  • The commissioner shared that TEA plans to collect data on pay raises resulting from HB 3 starting sometime near January 2020. A report to the legislature would then be expected by March 2020.
  • There has been a 56% growth in students receiving special education services over the past three years, which could reflect more students being identified as having dyslexia.
  • The committee discussed unintended funding consequences for fast-growth school districts and career and technical education (CTE) funding in small/mid-sized districts as a result of HB 3’s changes.

Another panel of public education advocates and practitioners gave feedback on the implementation of HB 3, telling the committee members that more clarity is needed on aspects of the legislation, such as its incentive pay program and related merit designations for teachers. Some panelists expressed concern about the sustainability and mechanisms of funding under the bill, such as outcomes-based funding in which money for one group of students is based on the performance of a previous group of students. As the rulemaking process for implementing HB 3 continues, ATPE will monitor TEA’s interpretation of these concerns.

At the end of Monday’s hearing, Chairman Huberty stated that he did not anticipate any more House Public Education Committee hearings this year. Stay tuned into our blog and keep up-to-date with legislative developments by following ATPE’s lobby team on Twitter via @TeachtheVote, @ATPE_JenniferM, @ATPE_MontyE, @ATPE_AndreaC, and @MarkWigginsTX.