Category Archives: SBOE

Teach the Vote’s Week in Review: Sept. 11, 2020

Here is a look at this week’s education news from the ATPE Governmental Relations team:


CORONAVIRUS UPDATE: The Texas Education Agency (TEA) adapted its guidance on equitable services this week to reflect a recent U.S. District Court ruling vacating the U.S. Department of Education’s interim final rule that directs public school districts to spend an unprecedented amount of taxpayer dollars on private school students. The court ruling issued last Friday makes the department’s rule unenforceable nationwide, but Secretary Betsy DeVos still has time to appeal the decision.

TEA also updated several other sections of its COVID-19 Support and Guidance page, including new intern and emergency certification waiver information that continues the suspensions on face-to-face requirements for candidates completing their internships, clinical experiences, field-based experiences, and practicums. Also, be sure to check out the new Project Restore training on resilience that was posted this week.

ATPE State Treasurer Jayne Serna and ATPE Lobbyist Andrea Chevalier participated in an educators’ town hall on COVID-19 and teaching this week. The Wednesday night event was hosted by U.S. Congressional District 10 candidate and former teacher Mike Seigel. Serna was the opening speaker for the event, sharing the difficulties educators are facing this school year and highlighting the importance of voting to elect pro-public education candidates. Chevalier provided an overview of COVID-19-related federal funding issues facing educators and students, federal waivers, and the need for congressional oversight of the U.S. Department of Education and Secretary Betsy DeVos.

Also this week, ATPE Senior Lobbyist Monty Exter spoke with The Texas TribuneThe Dallas Morning News, and KBMT’s 12 News Now about the current state of teaching, learning gaps, and how spending cuts prompted by COVID-19 could impact students.

As a reminder, ATPE offers educators a gamut of resources:

  • Find answers from our legal team to frequently asked questions on our COVID-19 FAQs and Resources page.
  • Earn CPE by watching informative webcasts on topics such as educator rights, leave options, disability accommodations, and school safety through ATPE’s professional learning portal.
  • Explore an interactive pandemic timeline.
  • Take our survey on parent-teacher collaboration.
  • ATPE members only: Use Advocacy Central to communicate with elected officials about your concerns.

ELECTION UPDATE: Don’t let the November 3 general election creep up on you. Election Day is less than eight weeks away and early voting starts in one month. This means other deadlines for registering to vote or requesting a ballot-by-mail are even sooner! Remember that if you have moved recently or changed your name, you need to update your voter registration. Here are important dates to add to your calendar:

  • September 19: If your vote-by-mail application is received by this day, you are guaranteed to receive your ballot at least 30 days before Election Day.
  • September 22: National Voter Registration Day
  • October 5: Deadline to register to vote
  • October 13: First day of early voting
  • October 19: Educator Voting Day
  • October 23: Last day that a vote-by-mail application can be received (not postmarked)
  • October 30: Last day of early voting
  • November 3: Election Day! Mail-in ballots also must be received by this date.

If you happen to live in Texas Senate District 30 and are a registered voter, you’ll be eligible to vote early starting Monday, Sept. 14, for the special election to replace Sen. Pat Fallon (R-Prosper). Read more about the race in this previous blog post, and check out profiles of the SD 30 candidates here on Teach the Vote.


FEDERAL UPDATE: In addition to the above-mentioned court ruling against Secretary Betsy DeVos’s effort to send more public money to private schools, there was activity on Capitol Hill this week. U.S. Senate Republicans tried unsuccessfully to advance a new coronavirus aid package that included a $10 billion private school voucher provision. ATPE released a press statement opposing the voucher language in the Senate bill, which failed during a preliminary vote held in the Senate yesterday. Read more about the legislation and ATPE’s press statement in this blog post by ATPE Governmental Relations Director Jennifer Mitchell.


The State Board of Education (SBOE) met this week to take up hefty agenda items including the revision of science, physical education, and health curriculum standards (TEKS). The revisions garnered hours of testimony from the public, as did the discussion of eight new charter applications before the board.

ATPE and other organizations urged the board to reject the new charters due to the increased costs the state would incur by granting the applications. SBOE Member Ruben Cortez asked Texas Education Commissioner Mike Morath, “Is now the time to be playing Shark Tank?” Read this week’s blog posts from ATPE Lobbyist Mark Wiggins to learn more about Morath’s defense of the charter applicants, the board’s Thursday split decisions to preliminarily approve just six of the proposed charters, and the ultimate veto of three charter operators during Friday’s full board meeting.


Per usual, the annual Texas Tribune Festival has an impressive education strand of events. This week, Texas Tribune education reporter Aliyya Swaby moderated a panel of Texas public school teachers, superintendents, and Texas Education Commissioner Mike Morath. The teachers expressed how the pandemic impacted their interactions with students, the superintendents talked about budget and enrollment concerns, and Morath stuck to his usual admiration of data and the need to continue standardized testing. Read more in this blog post by ATPE Lobbyist Andrea Chevalier.


The Texas Senate Democratic Caucus incorporated ATPE recommendations regarding COVID-19 and schools into a letter it sent to TEA Commissioner Mike Morath earlier this week. The letter was influenced by a task force of education stakeholders including ATPE. Among other requests, the senators’ letter urges Morath to seek a waiver of federal testing and accountability requirements for 2020-21. Read more in this blog post by ATPE Lobbyist Mark Wiggins.


Did you know that high schools are legally required to offer students who will be age 18 by election day the opportunity to register to vote? In Texas, students may register to vote at 17 years 10 months. Students can print, fill out, and mail in an application obtained from VoteTexas.gov or fill out a voter registration application online and have it mailed to them.

The National Association of Secondary School Principals has partnered with dosomething.org to create the “Democracy Powered by (You)th” voter registration competition. By doing things like racking up voter registrations, students can win scholarships, school grants, and trophies. Pace High School in Brownsville, TX is currently in third place!



Today we remember the tragic events of September 11, 2001. On that day, some of our members were in the classroom as teachers, while others were still just students themselves. On this Patriot Day, we honor the lives lost that day and the heroic efforts by first responders, service members, and citizens who risked their lives that day and in the aftermath of the tragedy. We will never forget.

SBOE vetoes three proposed charter chains

The State Board of Education (SBOE) formally vetoed three applications to operate new charter school chains in Texas on Friday. The Texas Education Agency (TEA) had recommended eight new charter chains for approval at this week’s SBOE meeting.

The board has veto authority over new charter school operators. Members voted to veto Heritage Classical Academy in Houston and Rocketship Public Schools in Fort Worth. The board tentatively approved CLEAR Public Charter School in San Marcos at Thursday’s meeting, but reversed course and voted to formally veto the application Friday morning.

The board narrowly approved five of the eight charter chains recommended by TEA: Brillante Academy in McAllen, Doral Academy of Texas in Buda, Learn4Life Austin, Prelude Preparatory Charter School in San Antonio, and Royal Public Schools in San Antonio.

ATPE joined with numerous public education organizations this week in asking the board to veto all of the proposed new charter chains while Texas faces a $4.6 billion budget shortfall due to the economic recession driven by the COVID-19 pandemic and the volatile oil and gas market. This echoes a request ATPE and public education organizations made earlier this year to the commissioner of education to place a moratorium on charter chain expansions, which do not have to be approved by the SBOE.

SBOE tentatively approves 6 new charter chains

The State Board of Education (SBOE) narrowly voted to give tentative approval to six of the eight new charter school chains the Texas Education Agency (TEA) has recommended for approval this year.

A sharply divided board advanced Brillante Academy in McAllen, CLEAR Public Charter School in San Marcos, Doral Academy of Texas in Buda, Learn4Life Austin, Prelude Preparatory Charter School in San Antonio, and Royal Public Schools in San Antonio by a preliminary vote Thursday evening.

Members voted to veto Heritage Classical Academy in Houston and Rocketship Public Schools in Fort Worth. The board will take a final vote on the charter applicants in Friday’s formal meeting.

ATPE joined multiple education organizations in asking the board to consider whether spending tax dollars on new charters is the right thing to do at this moment. The board has the authority to veto new charter applicants.

Texas Comptroller Glenn Hegar has warned Texas is facing a $4.58 billion shortfall heading into the next budget cycle due to the economic recession driven by the COVID-19 pandemic and volatile oil market. The eight charter chains up for approval at this week’s meeting are projected to cost the state an additional $12 million per year.

On Wednesday, Texas Education Commissioner Mike Morath downplayed the idea that $12 million a year is a significant sum, but $12 million could cover the salaries of more than 200 educators at risk of being laid off due to the economic recession caused by COVID-19.

Once initially approved, charter chains are able to expand exponentially without need for approval from the SBOE, or any other elected official. More than 90 expansion amendments have been filed this year which could cost the state an additional $90 million annually. TEA has already approved at least 62 expansion amendments so far this year.

Among the eight charter chains up for approval this week are operators based in New York, Florida, and California. These states would be the recipients of Texas taxpayers’ dollars if these charter chains are approved.

ATPE joined with other education organizations earlier this year in calling for a moratorium on charter expansions. The same rationale applies to ATPE’s recommendation that the board deny the eight charter applications at this time.

Morath pitches new charters to skeptical SBOE

The State Board of Education (SBOE) is meeting in person this week to tackle a packed scheduled that includes discussion of Texas Essential Knowledge and Skills (TEKS) curriculum standards for science, physical education, and health. The board is also discussing whether to approve and spend state tax dollars on eight new charter school systems recommended by the Texas Education Agency (TEA).

The board spent Tuesday hearing from hundreds of people voicing their opinions about the TEKS up for discussion. After a 13-hour day of testimony, the board resumed business Wednesday with its regularly scheduled update from Texas Commissioner of Education Mike Morath.

Commissioner Morath began Wednesday with a status report on reading academies, which all kindergarten through third grade teachers must complete by the 2022-23 school year. There are 20,000 teachers in more than 500 cohorts currently participating in the academies through 38 authorized providers.

The commissioner focused the majority of his presentation on a preemptive defense of the eight new charter schools he is recommending the SBOE approve this week. The board holds veto authority over all new proposed charter organizations, but that veto does not apply to individual campuses or expansions once an initial charter organization is approved. A bipartisan collection of members sharply questioned Morath over charter policy and the numbers used in his sales pitch Wednesday.

In response to a question by Member Tom Maynard (R-Florence), the commissioner said the total number of charter schools has grown from 484 in 2017 to 553 in 2019. The commissioner downplayed the total cost of charter schools, which Member Matt Robinson (R-Friendswood) pointed out are completely funded by state dollars through the Foundation School Program (FSP). This makes charter schools significantly more expensive to the state than traditional independent school districts (ISD), which are funded by a combination of state, local, and other funds.

The eight new charters the commissioner is proposing are estimated to cost the state $12 million per year once they are operating at capacity. This does not include the additional cost once they expand to additional campuses. Charter schools have submitted more than 90 expansion applications to TEA this year alone, which could cost the state an additional $90 million per year. At least 62 have been approved so far.

Member Robinson also noted that Texas faces an $11 billion decline in state revenue as a result of the economic recession driven by COVID-19. This has placed unprecedented stress on the state budget, prompting state leaders to call for 5% across-the-board cuts at state agencies. Robinson pointed out that despite this fiscal crisis, Commissioner Morath has increased the number of new charter schools he is proposing to open at the state’s expense from five last year to eight this year.

Member Pat Hardy (R-Fort Worth) added that some of the charters currently up for approval are based in California and New York. Member Hardy asked the commissioner, “How do we talk to taxpayers about sending tax dollars out of state?” Morath replied that the economy is globally interconnected. Member Hardy also asked whether only the top-performing schools are approved for expansion, leading the commissioner to state that while D- and F-rated charters were allowed to expand in the past, he believes they are no longer being allowed to grow.

“Is this the right year to be playing Shark Tank?” asked Member Ruben Cortez (D-Brownsville), comparing the proposed spending of state dollars on additional charter school experiments to the well-known TV show where inventors of new products pitch their ideas to investors.

Many of the board members’ concerns about spending state dollars on new charter schools at a time when Texas school districts are needing additional resources to combat the effects of the COVID-19 pandemic mirror those of ATPE and other organizations. Back in April, ATPE joined a coalition of 18 organizations that wrote to Commissioner Morath asking for a moratorium on charter expansions this year.

During today’s discussion, Member Georgina Perez (D-El Paso) echoed previous concerns about the higher state cost of funding charter schools, which the commissioner’s presentation to the board omitted. Perez added, “There’s a lot of good information you could be sharing, but this just isn’t it.”

Member Pam Little (R-Fairview) raised the issue of charters schools sending students with disciplinary issues back to their local ISD, while money stays with the charter. Commissioner Morath disputed Little’s characterization of the process.

Finally, Member Lawrence Allen (D-Houston) asked the commissioner a separate series of questions relating to educators. Asked by Member Allen whether TEA is collecting data on teacher retention under the threat of returning to school during the pandemic, Morath answered that the agency will not have that info until next September or October of 2021. Asked about resignations outside of the no-fault window, Morath suggested there are “a variety of exceptions” that will be handled on a case-by-case basis through the State Board for Educator Certification (SBEC).

Following the commissioner’s comments, the board turned its attention to the Permanent School Fund (PSF). The board approved a $300 million one-time payment to the Available School Fund (ASF) via the real estate special fund account (RESFA) in order to support districts and cover the state’s obligations under last year’s House Bill (HB) 3. The board also tentatively approved a 4.0% distribution rate to the ASF for the 2022-23 biennium.

Members then spent the remainder of the day debating changes to the TEKS that were up for discussion on Tuesday. Any unfinished business from Wednesday’s meeting will be taken up following a public hearing scheduled for Thursday morning over the new charter applicants. Stay tuned to ATPE’s Teach the Vote blog for updates on the board’s actions this week.

Teach the Vote’s Week in Review: Sept. 4, 2020

This weekend we celebrate Labor Day in America. The essential work of public education has never been more prominent, and ATPE thanks all educators and staff for their service! Here is a summary of this week’s education news from ATPE Governmental Relations:


CORONAVIRUS UPDATE: This week, the Texas Education Agency (TEA) launched “Project Restore”– a six-part webinar series that provides trauma-informed mental health training to teachers. The training is meant to help teachers not only reach their students, but also work out their own COVID-induced stresses. TEA also made several smaller updates to other aspects of its COVID-19 resource page. Read ATPE Lobbyist Andrea Chevalier’s blog post for more.

ATPE has been working hard to facilitate information-sharing during the pandemic. Be sure to check out our COVID-19 FAQs and Resources for new answers to commonly asked questions, watch our easy-to-understand webcasts on educator rights and leave options and disability accommodations, and explore our interactive pandemic timeline. For opportunities to take action, ATPE members can use Advocacy Central to communicate with elected officials, and anyone can take our survey on parent-teacher collaboration.


ELECTION UPDATE: H-E-B grocery store owner and public education advocate Charles Butt wrote  to the Texas Supreme Court this week, supporting Harris County’s decision to send vote-by-mail applications to its residents. Butt says in the letter, “It’s always been my impression that the more people who vote, the stronger our democracy will be.” For more on the letter and the Texas Senate District 30 special election on September 29, see this blog post by ATPE Lobbyist Mark Wiggins.


States and schools should not expect a federal waiver of testing requirements this year, according to President Trump’s education secretary. Betsy DeVos wrote a letter to chief state school officers on Wednesday with this warning, urging them to demonstrate their “resolve” by continuing to administer standardized tests to students. ATPE is among countless organizations that have called for a waiver of testing requirements this year amid lingering effects of the COVID-19 pandemic. Read more in this blog post from ATPE Governmental Relations Director Jennifer Mitchell.


With more Texans considering mail-in voting for the November general election, ATPE has developed a set of tips and social media graphics to help voters understand what is required. Check out our new resources on applying for a mail-in ballot in this new blog post by ATPE Senior Lobbyist Monty Exter. Find out if you meet the eligibility requirements to apply for a mail-in ballot, and submit your application by Sept. 19 to ensure you will have enough time to cast your vote.


The State Board of Education (SBOE) held a virtual meeting this week where they received an update on the performance of the permanent school fund (PSF) and advanced a new Texas Essential Knowledge and Skills (TEKS) subchapter on positive character traits, as required by House Bill (HB) 1026 passed by the 86th Texas Legislature in 2019.

According to Texas Education Agency (TEA) staff and outside consultants hired to help monitor the fund’s investments, the PSF is in good health and slowly recovering from the economic recession sparked by the COVID-19 pandemic. Focus has recently turned to management of the fund, which is split between the SBOE and another state agency. An outside consulting firm delivered a report to the board this week with recommendations aimed at improving management.

The board’s 15 members are scheduled to return to Austin in person on Tuesday for a week-long meeting that will address curriculum standards for science and health education, as well as whether to open more charter schools during the COVID-19 pandemic. Read more about this week’s SBOE meeting in this post by ATPE Lobbyist Mark Wiggins.


ATPE is asking state officials to take a closer look at planned education spending cuts that could unnecessarily hurt at-risk students. An article in the Austin American-Statesman this week revealed a summary from the Legislative Budget Board that shows how state agencies plan to cut their spending by 5% this year, as directed by state leaders back in May. The planned reductions in K-12 education spending for 2020-21 include across-the-board cuts to several state-funded programs and initiatives, although most of the education budget was exempted from the order to withhold funds. The Windham School District and Juvenile Justice Alternative Education Programs (JJAEPs) would see reduced funding this year, as would Communities in Schools programs that serve at-risk students. ATPE issued a press statement today urging state officials to consider more strategic reductions in this year’s spending that would cause fewer negative impacts on Texas’ most vulnerable students.

SBOE holds abbreviated virtual meeting this week

SBOE virtual meeting, Sept. 1, 2020

On Tuesday, Sept. 1, the State Board of Education (SBOE) met for the first of two virtual meetings this week in order to clear a handful of less controversial items from the board’s agenda before all 15 members meet in person next week. The board discussed the next round of requirements for instructional materials and held separate meetings in their various committees.

The board’s Committee on School Finance/Permanent School Fund (PSF) received a report on management of the PSF by investment consulting firm RVK. The report is a result of House Bill (HB) 4388 which required the Texas Education Agency (TEA) to conduct a study regarding PSF distributions.

The PSF provides the state’s share of funding for public schools in Texas. The majority of the PSF is managed by the SBOE, but a portion of the fund consisting of real estate investments is managed by the School Land Board (SLB) under the General Land Office (GLO). The 86th Texas Legislature in 2019 examined the split management structure of the fund after a dispute arose between the SBOE and SLB over changes the SLB made to the way it has typically distributed funds.

The consultants determined that the sustainable distribution rate from the total PSF is between 3.26% and 3.46% based on current market conditions, current capital markets forecasts, current investment strategies, and a review of other key variables. That breaks down into 3.2% from the portion of the fund managed by the SBOE and between 5.28% and 5.70% from the portion of the fund managed by the SLB.

Since 2003, the PSF has grown at an annual rate of 3.1% on average, while assets per student have increased by 1.3%. Distributions per student on a real basis have fallen 1.4% since 2003 but have grown 3.8% over last 10 years. Total distributions from both the SBOE and SLB have remained largely constant over the last 10 years, at around 3.3%.

The PSF’s stated goal is to achieve intergenerational equity, but the consultants noted, “There is a distinct lack of clarity in precisely how intergenerational equity is to be defined.” The report also concluded that distributions will likely vary year to year because of the unpredictability of distributions from the SLB’s portion of the fund, and suggested the state consider a rules-based methodology for distributing funds, which is common practice in other states.

Agency staff in charge of overseeing the PSF said the fund is recovering from the economic recession caused by the COVID-19 pandemic. BNY Mellon Asset Servicing presented members a with the fund’s second quarter report, which concurred that markets are improving. That said, the fund underperformed against the PSF benchmark and ranked in the 43rd percentile among peer funds greater than $1 billion for the quarter.

After TEA staff assured members that the fund has met the performance requirements established in law in order to protect the fund’s long-term health, the committee voted to make a distribution of $1.1 billion that will be available to schools for fiscal year 2021.

The board will meet again on Wednesday to discuss and approve items considered in today’s committee meetings. Members are scheduled to meet in person for a more extensive agenda next week.

Teach the Vote’s Week in Review: July 3, 2020

This week, we celebrated the anniversary of the 26th Amendment to the United States Constitution, which was ratified July 1, 1971. Since the 26th Amendment lowered the voting age from 21 to 18, now is the perfect time to celebrate with all the young people in your life as you make plans to early vote in the primary runoffs. Here is our wrap-up of this week’s education news from the ATPE Governmental Relations team. We wish you a safe and relaxing Independence Day weekend!


CORONAVIRUS UPDATE: On Thursday, Gov. Greg Abbott made headlines with an executive order requiring that Texans wear masks in public spaces in counties with 20 or more positive COVID-19 cases. There are a few exceptions to the mask order, including for children under 10 years old, those with a medical condition that prevents wearing a mask, and in some specified circumstances such as driving. Violating the order is punishable by fine, but jail time for violations is prohibited. See the full executive order with a list of exceptions and exempted counties here. Abbott also reduced the limits of most allowed gatherings from 100 to 10 people. Both changes take effect at 12:01 p.m. Friday, July 3, 2020.

According to an article by the Texas Tribune republished here on our blog, Gov. Abbott gave an interview on Thursday afternoon in which he speculated about restarting schools this fall. ““If COVID is so serious, it may mean that students are having to learn from home through a distance learning program,” the governor is reported as saying, despite giving earlier assurances that it would be safe for schools to reopen soon. Meanwhile, we continue to wait for the Texas Education Agency (TEA) to provide school districts with health and safety guidance needed to begin the new school year. The agency posted a public health document last week only briefly before quickly pulling it down and calling it a working draft.

ATPE has shared its own Recommended Health and Safety Guidelines to the state and districts, urging them to address the safety concerns of school staff, students, and parents well ahead of a return to in-person classes, especially with the current spike in Texas coronavirus cases. Our recommendations urge TEA to release COVID-19 reopening guidelines and require that prior to the start of the 2020-21 school year, each school district disseminate a local policy describing health and safety measures it will take to mitigate and respond to the threat of COVID-19. ATPE believes TEA should require districts to involve non-administrative, campus-level staff and parents as they develop such policies. Districts should promptly notify employees and parents of their policy, and they must also be ready to adjust their policy should pandemic conditions change. We also provided a list of other considerations for districts to consider as they develop their policy, which include accommodating varying levels of risk factors among their student and staff populations, minimizing person-to-person contact, planning for special populations, adjusting staff  leave policies as necessary, and addressing child care needs of their staff, especially since many districts are now contemplating staggered student schedules or mandatory remote instructional days.

Please visit ATPE’s COVID-19 FAQ and Resources page for news and answers to educators’ commonly asked questions amid the rapid developments during this pandemic. Many of the categories of resources on the TEA Coronavirus Support Page were also updated this week, including an Operation Connectivity Survey, English learner guidance, waivers, finance, and grants (information on synchronous and asynchronous instruction), crisis code reporting results, July 4 public health resources, and child nutrition. Gov. Abbott also extended the P-EBT application deadline to July 31.


ELECTION UPDATE: Early voting for the primary runoffs and the Texas Senate District 14 special election started this Monday. Polls are closed today for the holiday, but early voting will continue through July 10. Election day is July 14, but we highly recommend you early vote in order to avoid crowds and lines. This week, ATPE Lobbyist Andrea Chevalier voted early and documented her experience here on our blog with tips to prepare for a safe trip to the polls.

The education-focused nonprofit organization Raise Your Hand Texas is holding two virtual forums for runoff candidates next week (see below). If you’re not attending the ATPE Summit next week, find more information and submit questions for the candidate forums here.

  • Texas Senate District 19 (San Antonio to Big Bend area) – Tuesday, July 7 at 1:00 p.m. (CDT)
  • Texas House District 26 (Houston/Sugar Land area) – Thursday, July 9, from 11:30 a.m. to 1:30 p.m. (CDT)

We know that the COVID-19 pandemic is creating many challenges for our public education system that will be long-lasting and require a commitment of support from our elected officials. Voting is the best way to influence laws and policies in Texas that will affect your profession, your schools, and your students. Find a list of polling places where you can vote here. Generate a personalized sample ballot here. Review candidate profiles here on Teach the Vote. Stay safe, Texas voters!


FEDERAL UPDATE: On Wednesday, July 1, the U.S. Department of Education officially published a final interim rule that states how public school districts must spend their CARES Act federal emergency funds for equitable services offered to private schools. The rule became effective immediately upon being published, but it is open for public comment through July 31, 2020. TEA held an update training session on Thursday in light of the changes; expect to find the training recording on TEA’s Grant Compliance and Administration YouTube playlist here. The new rule gives districts two options – spend CARES Act funds only on Title I schools and follow the longstanding interpretation of equitable services under federal law, or spend CARES Act funds on all schools and be held to the questionable interpretation of the equitable services law advanced by U.S. Department of Education Secretary Betsy DeVos. Read ATPE Lobbyist Andrea Chevalier’s post on the rule from last week for more information.

DeVos also announced final rules that impact the Teacher Education Assistance for College and Higher Education (TEACH) Grant program, which provides up to $4,000 a year to college students who are taking certain courses in preparation to teach, so long as they continually certify that they meet certain requirements when they become teachers, such as teaching in a low-income school. If recipients do not continue to meet the requirements, the grant is converted to a loan. As reported by the Government Accountability Office (GAO) in 2015, many TEACH Grant recipients had their grants converted to loans due to confusion over the requirements. The new rules change the department’s practices to expand how recipients can fulfill their service obligation, simplify the employment certification requirements, and allow recipients whose grants have been converted to loans to request a reconversion, among other provisions. Read a fact sheet on the rules here.


This week, ATPE Senior Lobbyist Monty Exter set the record straight on erroneous claims that teachers can temporarily retire due to the pandemic. The “temporary retirement” myth was mentioned in a news story following a conference call national teacher union affiliates held with Texas reporters last week. The Teacher Retirement System (TRS) has made it clear that there is no such option for “temporary” retirement, explaining that any teacher who retires and then returns to employment will be held to a fixed annuity amount as of their retirement date. There are a number of restrictions on early retirement that educators should consider. Read retirement facts in this blog post by Exter.


New data show student engagement declined when the pandemic forced schools to close this spring. The Texas Education Agency (TEA) released crisis code reporting data this week, which includes crisis code reporting on student “engagement” and indicates that more than 600,000 students (about 11% of the student population) had inconsistent or no contact with their teachers or administrators. ATPE’s 2020 Membership Survey provided even more concerning data related to engagement, as just over 65% of our survey respondents reported that their students were less engaged during virtual learning. Moving forward, TEA and school districts will need to prioritize data collection and planning that works towards eliminating barriers students faced when attempting remote learning this spring, which goes far beyond access to Internet and devices. Read more in this blog post by ATPE Lobbyist Andrea Chevalier.


The State Board of Education (SBOE) met this week to address several agenda items, including revision of physical education and health TEKS, which garnered over 12 hours of virtual testimony on Monday. Votes on proposed revisions to the curriculum standards will not occur until a future meeting of the board.

On Tuesday morning, Commissioner of Education Mike Morath appeared before the board during its virtual meeting and fielded questions from SBOE members on topics such as testing and how teachers would be protected against COVID-19 risks when schools reopen. The commissioner said no decision has been made yet as to whether Texas will seek a federal waiver of testing and accountability requirements like it did during the spring when schools were forced to close. Read a summary of Morath’s comments to the board in this blog post by ATPE Lobbyist Andrea Chevalier.

The SBOE committees’ work on Wednesday was largely uneventful, although the Committee on Instruction did amend an agenda item to keep computer science as a required high school course. On Thursday, the full board had a lengthy discussion about increasing the capacity of the charter school bond guarantee program by 20%. Upon a motion by Member Ruben Cortez (D-Brownsville), the board voted 5-9 in favor of maintaining the increase. The board moved forward with ease on their other agenda items.


An accurate count for Texas in the 2020 U.S. Census is essential for adequate funding of public schools and other services that will be sorely needed in the aftermath of the coronavirus pandemic. The Census Bureau has launched a self-response rates map, showing Texas currently ranks 40th and is tied with Arkansas. Rankings by county and city are also available, creating the perfect opportunity for some friendly competition! Congratulations to Mountain City, Texas and Fort Bend County for the highest census completion rates in Texas!

Find a Census response rate competition toolkit here, and keep spreading the word on social media and in other communications with family, friends, and the community about the importance of filling out the census questionnaire.

Commissioner discusses COVID-19 issues at the June SBOE meeting

The Texas State Board of Education (SBOE) is holding its June meeting this week. On Monday, the board heard over 12 hours of testimony from more than 250 people on the review of the Texas Essential Knowledge and Skills (TEKS) for physical education and health TEKS. The board’s discussion of these TEKS was pushed to Tuesday’s meeting.

On Tuesday, the board began with an appearance by Texas Education Commissioner Mike Morath, whose comments were primarily related to education issues stemming from the current coronavirus pandemic. Because Texas lacks end-of-year student learning data, Morath pointed to an outside study on the blended learning tool “Zearn,” which showed disparate outcomes in learning between students with different wealth measures. Morath did note that data will likely be released today on Texas public school student engagement, which was gathered by teachers in the spring. Morath stressed that we cannot allow the public health crisis to become an educational crisis and discussed transitioning from crisis-mode instructional support to instruction, in order to minimize learning loss.

As we previously reported here on Teach the Vote, Morath explained that the Texas Education Agency (TEA) has used its waiver authority to set up two new school finance mechanisms, which will allow districts to receive funding for either a synchronous or asynchronous remote instructional model next school year. In a later answer to a question by board member Marisa Perez-Diaz (D-Converse), Morath explained that attendance (tied to schools’ ability to receive funding) in the asynchronous method of remote learning will be specifically determined through a district’s definition of progress and engagement, which must abide by an already established framework defined by TEA. Morath stressed that it is essential to get as many children back in school as possible and as quickly as possible, but the commissioner said he understands that it may not be safe for some children to return to school.

Morath stated that the risk of COVID-19 infection, transmission, and complications in children is much lower than for adults and expressed confidence that districts can implement enough strategies and protocols so that parents feel safe sending their kids to school. This appeared to leave some board members wondering, “What about the teachers?”

Board member Ruben Cortez (D-Brownsville) later asked the commissioner to address how the agency is prepared to protect educators and deal with infected school employees who have to miss school or quarantine. Morath pointed to the agency’s provision of personal protective equipment (PPE) such as face shields, plus guidance the agency has provided to districts suggesting screening protocols and considerations for higher levels of distancing. Similarly, member Aicha Davis (D-Dallas) later asked Morath if there was going to be any state support for teachers who are pregnant or have asthma, to which Morath responded that it will be left up to school districts to address this issue, and TEA has provided them guidance regarding staff who fall into a high-risk category. Morath suggested that there would not be any additional state financial support for districts in dealing with this issue of accommodating staff around such COVID-19 concerns.

During his presentation, the commissioner commented on the financial situation facing Texas public schools. He stated that while negative downturns in the economy will impact tax revenue, Texas has not announced cuts to public education funding and does not plan to cut funding in the coming years. Morath explained that the Elementary and Secondary School Emergency Relief (ESSER) fund created as part of the federal CARES Act will be used to execute the “hold harmless” provision for Average Daily Attendance (ADA) that the agency recently announced. This means that cuts to funding in the coming year will not be necessary, according to the commissioner. In addition to the ESSER funds, half a billion dollars will be allocated through the Coronavirus Relief Fund (CRF), also part of the CARES Act, which will fund 75% of schools’ coronavirus-related expenses incurred during the 2019-20 school year. Morath said the state also plans to provide PPE to every school district, fund access to broadband and digital devices through Operation Connectivity, and offer the free, optional Texas Home Learning platform and resources for districts that do not already have a learning management system (LMS) in place. The commissioner added that 24% of Texas students needed paper learning resources this spring, which is likely why connectivity and access to devices are a large focus of how the state plans to spend its emergency funds provided by Congress.

When board member Davis asked the commissioner how racial equity would be addressed in his agency’s efforts, Morath referenced the increases in funding that resulted from the legislature’s passage of House Bill 3, Operation Connectivity, and the Texas Home Learning network. Similar to his previous positions, the commissioner suggested that each district is responsible for closing the gaps and that TEA can only provide robust resources within the limits of the agency’s own funding. Member Barbara Cargill (R-Conroe) asked Morath how the Texas Home Learning network was being vetted and what was being done to ensure that it will not become the next CSCOPE. Morath responded that the new home learning resources were meant to be extremely transparent and available to the public, but the commissioner added that he would like those resources eventually to be vetted by the SBOE .

Before taking questions, Morath also commented on the reading academy requirements included in House Bill 3, stating that all requirements are still on schedule. Reading academies will be offered mostly in a blended learning form. Providers may begin offering cohorts in July. More information on reading academies can be found here.

Board member Tom Maynard (R-Florence) asked about TEA’s future plans for administering the STAAR test. Morath answered with a long-winded explanation of why assessments are important for measuring learning for diagnostic purposes and emphasizing the correlation between STAAR test scores and future outcomes for students. To provide districts some flexibility, the commissioner stated that the agency has extended the testing window for the coming school year and that there will likely be future adjustments to the A-F accountability system to compensate for not being able to calculate growth. In response to a question by board member Georgina Pérez (D-El Paso), Morath said he isn’t sure if Texas will be requesting another testing waiver from the federal government in the upcoming academic year.

Lastly, Pérez asked the commissioner to comment on charter school expansion requests and if TEA could improve its process for notifying SBOE members of charter school expansion amendment requests. (ATPE was among a coalition of education groups that asked the commissioner to impose a moratorium on granting charter school expansion requests during the COVID-19 pandemic in order to save the state money.) Morath replied that expansion requests are being processed as normal. With regard to notice requirement, Morath did not have an answer.

The SBOE will continue to meet through Thursday of this week. Find the full agenda here.

For all information and guidance that TEA has provided to districts during the pandemic, visit the TEA COVID-19 Support page. Be sure also to check out ATPE’s Coronavirus FAQ and Resources for frequently updated information for educators about issues related to COVID-19.

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

Across Texas and the nation, educators are rising to the occasion to provide distance learning for their students. It is no easy feat to keep students engaged from afar, especially with absenteeism on the rise (including a crop of high school seniors with severe senioritis). Hang in there because this won’t last forever! Here is a look at this week’s education news from the ATPE Governmental Relations team.


CORONAVIRUS UPDATE: Today, Gov. Greg Abbott held a press conference to announce several executive orders related to strategically reopening Texas in gradual phases. While sharing a plan to open businesses, Abbott stated that schools are to remain physically closed through the remainder of the school year, although teachers can still access school buildings in order to carry out their duties (including facilitating distance learning). Gov. Abbott’s executive orders issued today follow President Trump’s release of guidelines for a state-led, phased reopening of the country. For more detail, read today’s breaking news post on Teach the Vote here.

Gov. Abbott gives a press conference at the Texas State Capitol, April 17, 2020.

In the new Executive Order EO-GA-16 issued today, Gov. Abbott writes, “Public education teachers and staff are encouraged to continue to work remotely from home if possible, but may return to schools to conduct remote video instruction, as well as perform administrative duties, under the strict terms required by the Texas Education Agency.” This afternoon, the Texas Education Agency (TEA) swiftly released new guidance on entering school buildings following today’s press conference.

Gov. Abbott added that he will issuing updated guidance for the state on April 27, 2020.

COVID-19 continues to impact educators’ work lives. As we reported last week, educator preparation and certification procedures stand in limbo with certification tests suspended through April 30, 2020. This week TEA posted updated information about certification testing. TEA also announced this week that out-of-state educators who are on a one-year certificate will receive an automatic one-year extension. Solving this issue for those in other situations will likely require rulemaking by the State Board for Educator Certification (SBEC) and potential legislation during the next legislative session. Meanwhile, ATPE awaits a response from the commissioner of education to our request for statewide action in the application of educator appraisals, which are unlikely to yield fair and valid results under current conditions, as well as the recent request by a consortium of education groups including ATPE to suspend the expansion of charter schools during this pandemic.

As we have been reporting here on Teach the Vote, recent congressional action is making emergency funding available to individuals, businesses, and state governments during the pandemic. Read ATPE’s information about the Families First Coronavirus Response Act (FFCRA) here and the Coronavirus Aid, Relief, and Economic Security Act or CARES Act here. The CARES Act provided flexibility in the form of waivers of various federal laws, such as student testing and accountability requirements. CARES also provides $3 billion in relief through the Governor’s Emergency Education Relief (GEER) Fund. Read more about the new funding available to Texas under this provision in this week’s blog post by ATPE Lobbyist Andrea Chevalier.

Here are some additional resources to help educators dealing with the pandemic:

  • The TEA coronavirus resource page offers a plethora of resources. New guidance added to the site this week includes information on instructional continuity, special populations, accountability, English language learner guidance, waivers and funding, educator and staff issues, remote counseling, and more.
  • Also, TEA is assisting in the promotion of a meal finder tool and a home-learning website with resources for parents, educators, and school districts.
  • Visit ATPE’s frequently updated Coronavirus FAQ and Resources page for frequently updated information for educators dealing with the pandemic.
  • Follow the ATPE lobbyists and @TeachtheVote on Twitter for the latest legislative and regulatory news related to this crisis.

ELECTION UPDATE: This week, a Texas district judge expanded the eligibility criteria for absentee ballots to include those who risk exposure to the coronavirus if they vote in person. The ruling effectively allows all Texans to vote by mail, but it is expected to be appealed. This is a temporary win for the Texas Democratic Party, which has filed two lawsuits against the state and the governor seeking expanded opportunities for mail-in ballots amid the risks associated with in-person voting during the pandemic.

According to a report in the Texas Tribune, Texas Democrats were concerned by the party-line decision of the U.S. Supreme Court that resulted in Wisconsin voters being forced to vote in person in contradiction to the U.S. Centers for Disease Control (CDC) recommendations for preventing the spread of COVID-19. Republican Party of Texas Chairman James Dickey has voiced opposition to expanding mail-in ballots, suggesting that mail handlers could also risk COVID-19 infection. Gov. Greg Abbott stated in March that “everything’s on the table,” but has been relatively quiet on the subject since then.


SBOE conducted its April meeting by video conference.

This week, the State Board of Education (SBOE) met virtually to consider an abbreviated agenda. The board added a May 2020 meeting to its calendar to take up postponed items, including a discussion of the health and physical education TEKS.

The SBOE gave final formal approval this week to the new African American Ethnic Studies course after lengthy discussion over the past year. Additionally, members of the board’s standing committees discussed concerns about charter school expansion and the health of the Permanent School Fund (PSF) during the pandemic.

ATPE Lobbyist Mark Wiggins has reported on this week’s SBOE meetings for our blog: read his Thursday blog post and Friday blog post for more.


The Teacher Retirement System of Texas (TRS) Board of Trustees also met virtually this week, covering a wide range of topics during its truncated meeting on Friday, April 17, 2020. ATPE Senior Lobbyist Monty Exter reports that the board adopted TRS-ActiveCare rates and benefits, as well as plans to improve ActiveCare in response to information gleaned from outreach to employers and stakeholders.  Also of note, the board received a report on the TRS pension trust fund’s remarkable resilience during the current economic downturn.

TRS staff shared steps the agency has taken to protect the health of its employees while remaining  open and able to serve members during the COVID-19 Pandemic. On a related note, TRS has hit the pause button on resolving it leasing and sub-leasing plans surrounding the need to house the TRS investment division until markets stabilize. While rents at their current location, which they plan to release after a change of course, may come down, the ability to sublease the space at the Indeed Tower location may be greatly reduced. Additionally, TRS will reevaluate its broader plan to ensure it has adequate space in light of lessons learned throughout this period of forced telecommuting.

For more on today’s hearing, view this Twitter thread by Exter who live-tweeted today’s hearing. You can also review the TRS board meeting materials or watch an archived video of today’s hearing.


As of yesterday, the 2020 U.S. Census national self-response rate was tracking close to 50%. There was a slight bump in responses after Census Day (April 1), and responses have been slowly increasing since then but appear to be leveling off now. Though Texas’ response rate is up to 45.1%, it is still under the national count. Due to the coronavirus pandemic, it is more important than ever to push online/phone/mail census completion options.

This week, the Trump administration proposed delaying the date that census counts would be delivered to the states, which would push redistricting decisions in Texas into the 2023 legislative session. The proposed 120-day extension would have to be requested of Congress by the U.S. Census Bureau. While having conversations about the census, it is important to not politicize the intent of the counts, which are meant to ensure a fair and representative democracy, plus funding for public benefits such as schools and roads. Learn more about the 2020 Census, including timeline delays already in place, in this blog post by ATPE Lobbyist Andrea Chevalier and find census FAQs here.


ATPE member James Butler of Austin was featured during the last two weeks in news stories by KUT and KXAN for his daily “Mindful Moment” postings on social media. Butler is the social emotional learning mindfulness specialist for Austin ISD. He works with children (and adults) to instill a routine that includes breathing, journaling, naming your feelings, and showing gratitude in order to be mindful and present. Check out his post today, shown below, for a quick reset and some good feelings.

ATPE wants to hear how you are adapting to a new educational environment during the coronavirus pandemic. Click here to email us your stories, best practices for distance learning, or strategies you’re using to stay upbeat during the crisis.


SBOE formally approves African American studies course

The Texas State Board of Education (SBOE) met today to conclude its April meeting, which was conducted virtually over Zoom and covered a pared-down agenda.

The 15 members spent the majority of their time Friday morning adopting final amendments to the state’s first African American studies ethnic studies course. Members approved the new course by a unanimous vote and shared their excitement after completing months of work by the board and stakeholders. Freshman Member Aicha Davis (D-Dallas) was singled out by her colleagues for her role in shepherding the course to completion.

“It’s so rich and it’s something I wish I could have taken when I was young,” said Davis, who thanked Chairman Keven Ellis (R-Lufkin) and former Chair Donna Bahorich (R-Houston) for getting the ball rolling, as well as the rest of the board members for each taking an active interest in the course. Davis reserved her most heartfelt thanks for her mother and for Member Georgina Perez (D-El Paso), who has served as a mentor.

“Y’all have made me a stronger woman,” said Davis. “I just want more kids to have that strength and that empowerment, and I think that’s what this course will do.”

The course will award a half credit for completion, although some board members expressed their wish for a full credit course. Member Pat Hardy (R-Fort Worth) explained that a half credit course would allow more students to enroll.

In other actions, the board assessed liquidated damages worth $113,494 against Origo Education for persistent failure to comply with the rules of a contract to provide math instructional materials. Texas Education Agency (TEA) staff said the noncompliance issue, which involved a failure to provide matching large print and braille materials, did not result in a cost to districts. Staff indicated this is the first time the board has assessed damages against a publisher in this manner.

The company is operating under a six-year contract worth about $10.7 million. The board debated whether to assess the fine from the date the company was originally notified of noncompliance in 2016, which at the $1,000 contractual daily rate for liquidated damages would have increased the fine to $1.3 million. Staff voiced concern over defending the larger fine in court and argued that the more lenient fine would reduce the potential for a court to deem the fine unreasonable.

Member Sue Melton-Malone (R-Waco), who chairs the Committee on Instruction, said the company’s president promised members in Thursday’s committee meeting that the company would pay the $113,494 fine immediately upon receiving an invoice from TEA. The board set a payment deadline of June 1, 2020.

Committee on School Finance/Permanent School Fund (PSF) Chair Tom Maynard (R-Florence) updated the board on the impact of market volatility due to COVID-19. The fund went from $35.9 billion at the beginning of the year to $31 billion in March. Maynard said 29% of the fund is in a defensive allocation and the portion of the PSF managed by the SBOE is not reliant on energy to the same degree as funds controlled by the School Land Board (SLB). Both of these factors insulated the PSF from some of the shock of the combined market and oil crashes recently. Maynard noted that reporting for real estate and private equity is delayed, so the picture will continue to take shape as more recent data becomes available.

Members ended the meeting by praising educators across the state who continue to work hard to educate Texas students while at home caring for their own families. Member Sue Melton-Malone said she was “blown away” by the job teachers have been doing. Member Georgina Perez (D-El Paso) noted that many districts, including her own, lack access to the internet. Perez noted the limitations of virtual learning and asked members to remember the needs of homeless and incarcerated students.

The board is expected to convene again in May to take up items that were originally on this week’s agenda but were postponed. No dates for that meeting have been set, but Chairman Ellis said a timeline could be hammered out by next week. ATPE will keep you updated here on Teach the Vote as soon as that information is announced.