Category Archives: Senate Education Committee

Senate Education Committee winds up last hearing

The Senate Education Committee met late Friday afternoon to consider another round of bills sent over from the House. The meeting was not posted in advance, with Chairman Larry Taylor (R-Friendswood) instead announcing the meeting an hour and a half ahead of time from the Senate floor. Sen. Taylor said Friday would be the committee’s last meeting. The committee heard testimony on the following bills:

  • HB 637, which would eliminate a law that ties the salaries of the superintendents of the Texas School for the Blind and Visually Impaired and the Texas School for the Deaf to other administrators at their own schools. The salary is currently limited to 120 percent of the annual salary of the highest paid instructional administrator at the school. Sen. Kirk Watson (D-Austin) explained that this created a problem when the top staffer departed one of these schools and the superintendent’s salary dropped ten percent as a result. Sen. Watson further explained that the salary would be capped in the budget instead.
  • HB 808, which would require reporting demographic and academic data in districts with more than 1,000 African-American males. Sen. Borris Miles (D-Houston) explained that this is intended to study and address academic performance within this demographic group.
  • HB 1387, which would eliminate the cap on school marshals. The current cap is one marshal per 200 students. This bill drew numerous witnesses to testify in opposition, despite the late posting.
  • HB 2195, which would require an active shooter emergency policy to be included in a school district’s multi-hazard emergency operations plan.
  • HB 2526, which is aimed at eliminating a problem arising when a boundary between two school districts passes through a single homestead, causing the owner to pay taxes to both districts.
  • HB 4270, which would allow a municipal management district to provide funding for improvement projects for public education facilities as part of the long list of improvement projects or services they can provide.

The committee voted to advance HB 637, with Sens. Paul Bettencourt (R-Houston) and Bob Hall (R-Edgewood) voting no; HB 808, with Sens. Bettencourt, Donna Campbell (R-New Braunfels), and Hall voting no; HB 1387, with Sens. Eddie Lucio (D-Brownsville), Beverly Powell (D-Burleson), Watson, and Royce West (D-Austin) voting no; HB 2195; and HB 2526.

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

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


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

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

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


Senate Education Committee meeting, May 14, 2019.

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

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

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


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

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

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


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

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

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

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


Senate Education Committee wraps up regular hearings

The Senate Education Committee met Thursday, May 16, to hold what is expected to be its last meeting to consider new legislation. The committee will continue to hold formal meetings as necessary for the sole purpose of voting out bills that have already been heard. Members heard testimony on the following bills:

  • HB 961, which would require that school districts and charters that employ a school nurse place the nurse on the concussion oversight team upon the nurse’s request. Nurses on these teams must then take a concussions training course every two years to be on the team.
  • HB 2778, which would update the local bracket to a joint election agreement in Rep. Tracy King’s (D-Batesville) district regarding election expenses.
  • HB 2818, which would remove the requirement that an online dropout recovery program establish satisfactory requirements for monthly progress. The bill states that online dropout recovery programs are not subject to minutes of instructions and calculations of average daily attendance (ADA) and would create new requirements for how ADA will be calculated.
  • HB 3012, which would require that school districts provide students an alternative means of instruction for the classes the student misses while in in-school suspension (ISS) or out-of-school suspension (OSS). The bill states that at least one option should not require the use of the internet. The committee substitute for this bill reduces this requirement to apply only to core courses.
  • HB 3650, which would require the district and institution of higher education to consider the use of free or low-cost open educational resources in courses offered under an agreement to provide a dual credit program to high school students.
  • HB 496, which would require school districts and charters to develop and implement a bleeding control kit program. The version passed by the House incorporates changes ATPE recommended to strengthen educators’ immunity from liability.
  • HB 663, which would require the State Board of Education (SBOE) to review and revise the Texas essential knowledge and skills (TEKS) for the foundation curriculum.
  • HB 769, which would require a school board to receive approval from the commissioner for any severance payment to a superintendent who has been terminated based on malfeasance. The committee substitute for the bill clarifies the definition of malfeasance and removes retroactive reporting.
  • HB 974, which would change the cycle of the safety and security audit to two years from three and require districts to check the ID of a person who is coming to the school for a non-public event. Current law leaves checking IDs for non-public events up to districts.
  • HB 1388, which adds indicators of post-secondary readiness to the accountability system. In the student achievement domain, for high school campuses and districts with high school campuses, the bill provides for a measure of students (rather than a percentage of students) who successfully complete an SBOE-approved practicum or internship and students who successfully complete a coherent CTE sequence. ATPE supports this bill.
  • HB 1906, which would allow a parent of a student with severe cognitive disabilities to request that the child be exempted from required assessments. This bill was amended on the House floor to add a section on evaluating specialized support campuses. For a campus in which at least 90 percent of students receive special education services, the bill would require the commissioner, in consultation with administrators, teachers, parents, and guardians, by rule to establish accountability guidelines for a specialized support campus in developing an alternative accountability program.
  • HB 2184, which would create collaborative policies for improving a student’s transition from an alternative education setting back to the regular classroom. A committee substitute for the bill clarifies that teachers who implement the transition plan are included on the planning committee. ATPE supports this bill.
  • HB 2511, which would require campus improvement plans to include goals and methods for bullying prevention and dropout deterrence, including providing teacher continuing education and materials or training for parents. ATPE supports this bill.
  • HB 3435, which would establish March 1 as Texas Girls in STEM Day.
  • HB 3511, which would create a commission on the Texas workforce of the future. The commission would be established to engage business, state agencies, and local workforce system partners in the efforts of state and local authorities to build the state’s workforce talent pipeline, which includes providing data regarding college and career readiness, workforce credentials, and degree programs. The commission would be required to make recommendations to the legislature, including statutory changes, in order to improve alignment between workforce stakeholders and public schools and higher education, expanding the adult high school and industry certification charter school program, and encourage long-term collaboration between public education, higher education, and industry.
  • HB 3630, which would prohibit a teacher from using “aversive techniques” on a student with a disability receiving special education services.
  • HB 3884, which would transfer duties relating to providing bacterial meningitis information from TEA to the Department of State Health Services. The bill repeals a section of law referring to TEA’s duty to consult with the Texas Department of Health in prescribing the content of information given to students and to establish an advisory committee.
  • HB 4258, which would transfer bond approval for charter schools to the attorney general and requires approval if the guidelines are met.
  • HB 4388, which would require SBOE and the School Land Board (SLB) to share investment information with each other and require SLB to contribute to a newly-created liquid permanent school fund (PSF) account over which the SBOE would have control.

The Senate Education Committee also adopted a committee substitute for HB 3906 today that included the language from the Senate’s version of HB 3 that deals with the STAAR test. This includes provisions that would consolidate reading and writing exams in grades four and eight, cap multiple choice questions, and allow the STAAR to be split over multiple days, among others. Chairman Larry Taylor (R-Friendswood) explained that this language would be coming out of HB 3, which is currently in a conference committee to work out differences between the House and Senate versions, in order to address the topic in a separate, standalone bill like HB 3906.

The committee also voted to advance the following bills to the full Senate:

  • HB 496, which was heard earlier in the day. Sens. Paul Bettencourt (R-Houston) and Bob Hall (R-Edgewood) voted against the bill.
  • HB 548, which would require that districts and charters report through the public education information management system (PEIMS) various truancy information, including students subject to compulsory attendance requirements, children who fail to enroll or fail to attend without an excuse for 10 or more days within a six-month period, etc.
  • HB 680, which would require the Texas Education Agency (TEA) to coordinate with the Texas Workforce Commissioner (TWC) on efforts to improve pre-K quality, and assign a PEIMS number to track children under age six enrolled in the commission’s child care program. The bill would allow local workforce development boards to contract with area child care providers to provide subsidized child care services. Sens. Bettencourt, Hall, and Bryan Hughes (R-Mineola) voted against the bill.
  • HB 769, which was heard earlier in the day.
  • HB 961, which was heard earlier in the day.
  • HB 1051, which would continue the Excel Goodwill Charter. ATPE supports this bill.
  • HB 1131, which would create the “Texas Public Finance Authority” to act as a paying agent under current law for the guarantee and payment of bonds. School districts would also be able to borrow money from the new authority. Sens. Bettencourt, Hall, and Angela Paxton (R-McKinney) voted against the bill. Sen. Royce West (D-Dallas) registered as present, not voting.
  • HB 2184, which was heard earlier in the day.
  • HB 2210, which states that students who receive residential services in a state hospital will not be considered in the accountability rating of the district or campus that the hospital is located in if their parent does not reside in the district. ATPE supports this bill.
  • HB 2778, which was heard earlier in the day.
  • HB 3012, which was heard earlier in the day.
  • HB 3435, which was heard earlier in the day.
  • HB 3511, which was heard earlier in the day. Sen. Hall voted against the bill. Sens. Bettencourt and Hughes registered as present, not voting.
  • HB 3630, which was heard earlier in the day.
  • HB 3650, which was heard earlier in the day.
  • HB 3884, which was heard earlier in the day.
  • HB 4205, which would allow repurposed campuses to be operated in partnership with certain nonprofits that have a successful record of operating a campus or charter. This bill was amended on the House floor to include ACE campus turnaround language. ATPE opposes this bill because it would create a statewide campus turnaround plan that includes elements that could tie a teacher’s evaluation to student test scores.
  • HB 4258, which was heard earlier in the day. Sen. West registered as present, not voting.
  • HB 4310, which would require districts to allow teachers sufficient time to teach a given curriculum and states that districts may not penalize a teacher for failing to follow the scope and sequence timeline if the teacher determines that the students need more learning time.
  • HB 4388, which was heard earlier in the day.
  • HB 663, which was heard earlier in the day.
  • HB 3906, which was heard earlier in the day.
  • HB 974, which was heard earlier in the day.
  • HB 4342, which would change the composition of the board of directors of the Texas School Safety Center to include a professional architect and three rather than two members of the public.
  • HB 76, which would allow parents the option of participating in an echocardiogram (ECG) or electrocardiogram (EKG) screening program for any student participating in a University Interscholastic League (UIL) activity that currently requires a physical examination. School districts would be required to provide information about the availability of the tests and would able to partner with a nonprofit to provide the service or could pay for the service themselves. Sens. Bettencourt, Donna Campbell (R-New Braunfels), Pat Fallon (R-Prosper), and Hall voted against the bill.

Senate Education Committee continues work on House bills

Senate Education Committee, May 14, 2019

The Senate Education Committee met Tuesday, May 14, 2019, to continue working on bills that have already been passed by the Texas House. At this point in the session, there are only eight days left for bills to be passed by the full Senate, which means that the committee’s work will be winding down very soon.

Senate Education Committee members heard testimony this morning on the following House bills that are still making their way through the legislative process:

  • HB 548 would require that districts and charters report through the public education information management system (PEIMS) various truancy information, including students subject to compulsory attendance requirements, children who fail to enroll or fail to attend without an excuse for 10 or more days within a six-month period, etc.
  • HB 680 would require the Texas Education Agency (TEA) to coordinate with the Texas Workforce Commissioner (TWC) on efforts to improve pre-K quality, and assign a PEIMS number to track children under age six enrolled in the commission’s child care program. The bill would allow local workforce development boards to contract with area child care providers to provide subsidized child care services.
  • HB 1051 would continue the Excel Goodwill Charter. ATPE supports this bill.
  • HB 1131 would create the “Texas Public Finance Authority” to act as a paying agent under current law for the guarantee and payment of bonds. School districts would also be able to borrow money from the new authority.
  • HB 1182 would require completion of a personal financial literacy course in order to graduate.
  • HB 2210 states that students who receive residential services in a state hospital will not be considered in the accountability rating of the district or campus that the hospital is located in if their parent does not reside in the district. ATPE supports this bill.
  • HB 2983 would reduce the number of state-administered assessments and create new contingencies for students who do not achieve satisfactory adjusted scaled scores, as determined by TEA. ATPE supports this bill.
  • HB 3904 is the accountability system cleanup bill and would make a number of substantial changes. A strategic staffing component was removed from the bill based upon concerns raised by multiple educator groups, including ATPE, on how this component would link teacher performance to student test scores. ATPE supports this bill in its current form.
  • HB 3906 would change references to “reading” in the Texas Education Code to say “language arts.” It would eliminate writing tests in grades 4 and 7, but add writing to the annual language arts tests. The bill includes provisions to accommodate a writing pilot and would allow assessments to be administered in multiple parts over more than one day. ATPE supports this bill.
  • HB 4310 would require districts to allow teachers sufficient time to teach a given curriculum and states that districts may not penalize a teacher for failing to follow the scope and sequence timeline if the teacher determines that the students need more learning time.
  • HB 4342 would change the composition of the board of directors of the Texas School Safety Center to include a professional architect and three rather than two members of the public.

The Senate Education committee also voted to advance the following pending bills to the full Senate:

  • HB 165 would increase equity and the ability of special education students to receive high school endorsements. ATPE supports this bill.
  • HB 330 would allow districts to exclude from their reported dropout and completion rates students who have suffered a condition, injury, or illness that requires substantial medical care and leaves the student unable to attend school. ATPE supports this bill.
  • HB 391 would require a school district or charter school to provide instructional materials in printed book format if the student does not have reliable access to technology at home, at parental request. Parent requests must be documented and included in an annual TEA report to the legislature. Sen. Beverly Powell (D-Burleson) offered a new committee substitute that would decrease the reporting requirements on districts and TEA.
  • HB 396 would allow the instructional materials and technology allotment (IMTA) to be used for inventory software or systems for storing and accessing instructional materials and also for freight, shipping, and insurance.
  • HB 455 would require TEA to develop a model policy on recess that encourages age-appropriate outdoor physical activities. ATPE supports this bill.
  • HB 678 would allow American Sign Language to count for the graduation requirement of a language other than English.
  • HB 1026 would require the State Board of Education (SBOE) to integrate “positive character traits” into the Texas Essential Knowledge and Skills (TEKS).
  • HB 1244 as filed would eliminate the U.S. History end-of-course (EOC) exam and create an electronic civics test that contains all questions on the U.S. citizenship test in multiple-choice format as a requirement for graduation. In the previous meeting, Sen. Donna Campbell (R-New Braunfels) substituted language from SB 1777, which simply requires the current U.S. History EOC to include 10 questions from the citizenship test.
  • HB 2190 would allow a charter located in Corpus Christi to admit a child of a school employee. Sen. Powell offered a new committee substitute that would eliminate the localized bracket and allow any charter school employees around the state to enroll their children.
  • HB 2424 would require the State Board for Educator Certification (SBEC) to propose rules to establish and issue micro-credentials for educators. The agency would approve continuing professional education (CPE) providers to offer micro-credential courses. ATPE supports this bill.
  • HB 3007 would require TEA to provide districts with all source data used in computing their accountability ratings.
  • HB 963 would add technology applications courses to the career and technical education (CTE) allotment, so that students in those courses would receive the same weighted funding as students in CTE courses.
  • HB 1480 would create an accelerated learning committee (ALC) for students who do not perform satisfactorily on third, fifth, or eighth grade reading or math assessments. The bill would allow accelerated instruction to be provided to the student in the following year. The ALC would develop an educational plan for the student. ATPE supports this bill.
  • HB 2984 would require the SBOE to add TEKS to the technology applications curriculum related to coding, computer programming, computational thinking, and cybersecurity.

Senate Education Committee continues hearing House bills

The Senate Education Committee met Thursday morning, May 9, to hear another docket full of bills that have already passed the House. Committee members heard testimony on the following items:

Senate Education Committee meeting May 9, 2019.

  • HB 76, which would allow parents the option of participating in an echocardiogram (ECG) or electrocardiogram (EKG) screening program for any student participating in a University Interscholastic League (UIL) activity that currently requires a physical examination. School districts would be required to provide information about the availability of the tests and would able to partner with a nonprofit to provide the service or could pay for the service themselves.
  • HB 165, which would increase equity and the ability of special education students to receive high school endorsements. ATPE supports this bill.
  • HB 330, which would allow districts to exclude from their reported dropout and completion rates students who have suffered a condition, injury, or illness that requires substantial medical care and leaves the student unable to attend school. ATPE supports this bill.
  • HB 391, which would require a school district or charter school to provide instructional materials in printed book format if the student does not have reliable access to technology at home, at parental request. Parent requests must be documented and included in an annual TEA report to the legislature.
  • HB 396, which would allow the instructional materials and technology allotment (IMTA) to be used for inventory software or systems for storing and accessing instructional materials and also for freight, shipping, and insurance.
  • HB 455, which would require the Texas Education Agency (TEA) to develop a model policy on recess that encourages age-appropriate outdoor physical activities. ATPE supports this bill.
  • HB 678, which would allow American Sign Language to count for the graduation requirement of a language other than English.
  • HB 963, which would add technology applications courses to the career and technical education (CTE) allotment, so that students in those courses would receive the same weighted funding as students in CTE courses.
  • HB 1026, which would require the State Board of Education (SBOE) to integrate “positive character traits” into the Texas Essential Knowledge and Skills (TEKS).
  • HB 1480, which would create an accelerated learning committee (ALC) for students who do not perform satisfactorily on third, fifth, or eighth grade reading or math assessments. The bill would allow accelerated instruction to be provided to the student in the following year. The ALC would develop an educational plan for the student and provide assistance to student. ATPE supports this bill.
  • HB 2190, which would allows a charter located in Corpus Christi to admit a child of a school employee.
  • HB 2424, which would require the State Board for Educator Certification (SBEC) to propose rules to establish and issue micro-credentials for educators. The agency would approve continuing professional education (CPE) providers to offer micro-credential courses. ATPE supports this bill.
  • HB 2984, which would require the SBOE to add TEKS to the technology applications curriculum related to coding, computer programming, computational thinking, and cybersecurity.
  • HB 3007, which would require TEA to provide districts with all source data that was used in computing their accountability ratings.
  • HB 4205, which would allow repurposed campuses to be operated in partnership with certain nonprofits that have a successful record of operating a campus or charter.
  • HB 1244, which would eliminate the U.S. History end-of-course (EOC) exam and create an electronic civics test that contains all questions on the U.S. citizenship test in multiple-choice format as a requirement for graduation. Sen. Donna Campbell (R-New Braunfels) substituted language from SB 1777, which simply requires the current U.S. History EOC to include 10 questions from the citizenship test.

The committee also voted to advance the following bills:

  • HB 18, which is an omnibus school mental health bill that would include evidence based practices to address the achievement of certain student groups, and encourage positive behavior interventions and support, such as grief informed and trauma informed care. The bill calls for implementation of comprehensive school counselling services and adds detail to the training required of school counselors. Sens. Paul Bettencourt (R-Houston), Pat Fallon (R-Prosper), Bob Hall (R-Edgewood), and Bryan Hughes (R-Mineola) voted against the bill.
  • HB 65, which would require districts to report information on out-of-school suspensions.
  • HB 109, which would allow charter schools to have a holiday on Memorial Day. ATPE supports this bill.
  • HB 111, which would create educator training requirements on recognizing the abuse and maltreatment of students with severe cognitive disabilities. ATPE supports this bill.
  • HB 674, which would require that regional education service centers gather information from districts and report on which state mandates districts report are burdensome and expensive. The House committee substitute for this bill eliminated reporting on federal mandates.
  • HB 906, which would create a “collaborative task force on public school mental health services” charged with studying current practices, training, and impact. The task force would include parents, administrators, institutions of higher education, and foundation people, but not necessarily educators. The task force would have broad power to request information from school districts.
  • HB 1597, which would allow a student whose parent or guardian is active-duty military to establish residency for the purpose of admission to public schools. The bill would make charters subject to law.
  • HB 1734, which would strengthen the law requiring a school district that has successfully sued because a contractor did a poor job to use the settlement to fix the building and pay the state its required portion of the settlement. The bill would allow the attorney general to fine a district that does not spend the money as required.
  • SB 2312, which would subject Harris County Schools to a Sunset review, but without the option to abolish the agency.

Senate Education Committee turns focus to House mental health bills

Senate Education Committee meeting, May 7, 2019.

The Senate Education Committee returned to work Tuesday after the full Senate approved House Bill (HB) 3, the school finance bill, following a full day of debate on Monday, May 6, 2019.

Senators spent roughly eight hours Monday debating more than a hundred amendments, including unsuccessful efforts by a number of senators to remove the controversial merit pay section from the bill. Senate Education Committee Chairman Larry Taylor (R-Friendswood) accepted an amendment to remove the requirement that the legislature approve legislation to increase the statewide sales tax in order for HB 3 to take effect.

Senators approved the school finance and education reform bill by a vote of 26 ayes, two nays, and three members present and not voting (PNV). State Sens. Brandon Creighton (R-Conroe) and Charles Schwertner (R-Georgetown) voted against the bill, and Sens. Paul Bettencourt (R-Houston), Bob Hall (R-Edgewood), and Angela Paxton (R-McKinney) were PNV. For more on the version of HB 3 passed by the Senate, check out this blog post republished from The Texas Tribune.

The committee’s work on Tuesday focused largely on House bills related to mental health. Members heard testimony on the following:

  • HB 18, which is an omnibus school mental health bill that would include evidence based practices to address the achievement of certain student groups, and encourage positive behavior interventions and support, such as grief informed and trauma informed care. The bill calls for implementation of comprehensive school counselling services and adds detail to the training required of school counselors.
  • HB 65, which would require districts to report information on out-of-school suspensions.
  • HB 109, which would allow charter schools to have a holiday on Memorial Day. ATPE supports this bill.
  • HB 111, which would create educator training requirements on recognizing the abuse and maltreatment of students with severe cognitive disabilities. ATPE supports this bill.
  • HB 638, which would allow posthumous diplomas to be awarded to students regardless of whether they were in the 12th grade and on academic track to graduate.
  • HB 674, which would require that regional education service centers gather information from districts and report on which state mandates districts report are burdensome and expensive. The House committee substitute for this bill eliminated reporting on federal mandates.
  • HB 906, which would create a “collaborative task force on public school mental health services” charged with studying current practices, training, and impact. The task force would include parents, administrators, institutions of higher education, and foundation people, but not necessarily educators. The task force would have broad power to request information from school districts.
  • HB 1597, which would allow a student whose parent or guardian is active-duty military to establish residency for the purpose of admission to public schools. The bill would make charters subject to law.
  • HB 1734, which would strengthen the law requiring a school district that has successfully sued because a contractor did a poor job to use the settlement to fix the building and pay the state its required portion of the settlement. The bill would allow the attorney general to fine a district that does not spend the money as required.

Members of the Senate Education Committee also voted to advance the following bills to the Senate floor:

  • SB 139, which would require the Texas Education Agency (TEA) to develop a notice for distribution and internet posting that includes public education information management system (PEIMS) reporting changes for special education indicators and the rights of children to special education evaluation. The bill would also require districts to include additional information on the notice about initiating a referral for special education services, and require TEA to reimburse districts using federal funds for increases in evaluations. ATPE supports this bill.
  • SB 947, which would have the effect of expanding full-time virtual schools in Texas. ATPE opposes this bill.
  • HB 403, which would require school board trustees to undergo regular training in identifying and reporting potential victims of sexual abuse, human trafficking, and other maltreatment of children.
  • HB 638, which would allow posthumous diplomas to be awarded to students regardless of whether they were in the 12th grade and on academic track to graduate. This bill was heard earlier in the day.
  • HB 684, which would require an employee with responsibility for the supervision of a student with epilepsy to undergo a training program, which may consist of a one-hour video provided by the Epilepsy Foundation of America. The employee would be allowed to administer rescue medication in accordance with a seizure action plan and would be immune from liability.
  • HB 2243, which would add asthma medicine to the existing epi-pen authorization statute. This bill would allow a district, charter, or private school nurse to administer asthma medicine with a written notification from a parent of an asthmatic child.

Teach the Vote’s Week in Review: May 3, 2019

We’re wrapping up another week of legislative action at the Texas State Capitol. Here’s the latest news from your ATPE Governmental Relations staff:


The session’s major school finance bill, House Bill (HB) 3, is set for a debate on the floor of the Senate on Monday, May 6, 2019. While the Senate’s version of the bill contains several positive changes that would improve funding for public education, ATPE and other education groups have grave concerns about certain aspects of the bill that tie funding and compensation to student performance.

The Senate Education Committee called a meeting inside the Senate chamber to vote on House Bill 3, May 1, 2019.

The Senate floor debate on HB 3 was originally planned for today, but postponed in response to complaints that senators needed more time to prepare floor amendments. The Senate Education Committee accelerated its schedule this week for the school finance bill, asking members to vote HB 3 out of committee during a hurriedly called meeting on Wednesday. Chairman Larry Taylor apologized for the rapid pace, which he attributed to House deadlines for passing related legislation to fund the school finance bill.

Several committee members complained about being forced to vote on a new substitute version of the bill that they only received hours before the meeting. Three senators asked to be marked as “present not voting,” while others said they would vote for HB 3 in committee, despite having objections to parts of it, only to keep the process moving and with the understanding that they would have more time for consideration of floor amendments and a robust debate. Read more about the committee’s vote on HB 3 here.

ATPE urges educators to contact their senators and ask them to remove bad language from the bill, including a merit pay program that would replace existing evaluation laws with a new system, largely controlled by the appointed commissioner of education. ATPE opposes the plan, which dictates new evaluation criteria including student surveys of teachers and calls for a statewide competitive ranking of all teachers that will depend heavily on their students’ STAAR test results. ATPE members can log into Advocacy Central to learn more about the bill and send a quick message to senators.


While most of the attention has been on the school finance legislation, the House Public Education Committee and Senate Education Committee turned their attention this week to other bills sent over from the opposite chamber. On Tuesday, the House committee heard bills on student discipline and school safety. The Senate committee also heard bills pertaining to student health and safety and voted to advance some pending bills that would require school districts to share more financial information on their websites. For a full recap of Tuesday’s hearings from our ATPE lobbyists, check out Andrea Chevalier’s blog post on the House Public Education Committee and Mark Wiggins’s blog post on the Senate Education Committee hearing. Both committees will meet again on Tuesday, May 7.

 


ELECTION UPDATE: Tomorrow is uniform election day and an opportunity for many voters to cast ballots on local elections for bonds, school board trustees, and other local matters. Find more election information at VoteTexas.gov or contact your county clerk to find out what might be on your ballot locally. Let’s help reinforce the message that Texas educators care enough to vote in every election!


Last week we reported briefly on the April 26 meeting of the State Board for Educator Certification (SBEC). ATPE Lobbyist Andrea Chevalier attended the meeting and provided a full summary of the board’s deliberations, which included hearing mixed testimony on a plan to replace certain certification exams. Learn more about last Friday’s SBEC meeting here.


As we roll into the last month of the legislative session, here’s a look at where some other bills of interest to public education stakeholders currently stand.

ATPE has supported legislation to increase state funding for the Teacher Retirement System (TRS) pension fund, making it possible for future cost of living adjustments. Senate Bill (SB) 12 would accomplish those goals and provide retirees with a 13th check. The House and Senate have passed different versions of the bill with near unanimous support, and we expect the bill to be referred soon to a conference committee. Learn more about ATPE’s push for pension improvements at PayTheBillTX.org.

The 86th legislature has been considering numerous bills related to school safety, declared an emergency issue this session by Gov. Greg Abbott. One of the most high-profile bills is Sen. Larry Taylor’s SB 11. The ATPE-supported bill passed the full Senate this week by a vote of 29-2 and has been sent to the House, where it will be heard on Tuesday by the House Public Education Committee.

The House Public Education Committee will also hear another bill by Chairman Taylor next week that ATPE does not support. It’s SB 1455 aimed at expanding virtual schools in Texas despite their questionable performance record. ATPE provided oral and written testimony against the bill when it was heard on the Senate side. The House committee hearing on this one is set for Tuesday.

ATPE has been closely watching a couple of bills aimed at expanding the statutory definition of “political advertising” for the purpose of limiting educators’ ability to communicate about political matters during the school day. SB 1569 by Sen. Pat Fallon has passed the full Senate and been referred to the House Elections Committee. The extremely broad bill restricts educators from using “any form of communication” to support or oppose candidates or measures, and it even adds criminal penalties for educators who “facilitate” legislative advocacy by students. SB 904 by Sen. Bryan Hughes is still on the Senate Intent Calendar awaiting a floor debate by the upper chamber. That bill also extends restrictions on political advertising to school district WiFi networks in a way that would criminalize educators’ reading or communicating about politics even using their own personal smartphones. SB 904 also punishes third-party organizations that send political messages to public email addresses, such as those used by school districts. ATPE members can find additional resources on these bills on Advocacy Central.

Other bills of interest to educators are HB 281 by Rep. Mayes Middleton and SB 29 by Sen. Bob Hall that would prohibit school districts from using public funds to pay for lobbying activities. The House bill has not yet been heard by the full House. The related Senate bill was passed by the full Senate on a vote of 18-13 and has been referred to the House Committee on State Affairs.

For the latest updates on education bills being considered this legislative session, be sure to follow @TeachtheVote and our team of lobbyists on Twitter.


 

Senate Education Committee advances school finance bill

The Senate Education Committee met Wednesday morning inside the Senate chamber to advance a new version of the school finance bill, House Bill (HB) 3. Eight members of the committee voted for the bill. Sens. Bob Hall (R-Edgewood), Angela Paxton (R-McKinney), and Paul Bettencourt (R-Houston) asked to be recorded as present, not voting. Sen. Bettencourt warned the bill contains a number of errors, and complained that the funding mechanism for it remains “totally unknown.”

The vote followed an emotional plea from committee Chairman Larry Taylor (R-Friendswood), who acknowledged members’ reservations in holding a vote on short notice while many parts of the bill are still being drafted and debated. Chairman Taylor announced that the bill is expected to be considered by the full Senate on Friday, and members will be able to offer amendments on the floor.

Senate Education Committee meeting May 1, 2019, to vote out school finance bill.

Chairman Taylor had previously said the bill would be voted on no sooner than Thursday, and more likely not until next week. But the chairman notified members yesterday evening that the committee would meet this morning to vote on the bill. Sen. Taylor made the announcement Tuesday as the House was preparing to pass the Senate’s property tax bill, Senate Bill (SB) 2, the passage of which is contingent upon the passage of HB 3. Since they have been linked together, HB 3 and SB 2 have been moving in tandem through the legislative process.

In voting for the bill, Democrats on the committee explained that they continue to have grave concerns over the bill that they hope can be addressed at the next stage of the legislative process. Sen. Kirk Watson, for example, indicated that while he supports moving the bill forward, he would like to see several issues addressed through floor amendments on Friday.

Several members from both parties raised concerns over the speed at which leadership is moving the bill, and pointed out that members received a new committee substitute with more than 300 pages late Tuesday night and are still awaiting fiscal analyses of the bill. Sen. Taylor apologized for the speed, and told members that haste was needed in order to allow the House time to pass enabling legislation to provide a funding source for the school finance bill. The Senate made HB 3 contingent upon legislation to increase the statewide sales tax, which is currently pending in the House and running up against deadlines for its passage.

The new committee substitute for HB 3 makes largely clerical changes, and leaves the portions of concern to educators essentially unchanged. No changes were made to improve the section that provides a one-time salary increase for current full-time teachers and librarians. The new substitute also left intact the sections of the bill that create a merit pay program with significant changes to how teachers are evaluated and outcomes-based funding tied to student performance.

With a Senate floor debate on HB 3 now planned for Friday, May 3, ATPE continues to urge educators to contact their senators and share their feedback on the bill. ATPE members can visit Advocacy Central for communication tools that make it quick and easy to reach out to their legislators.

***UPDATE: The Senate has postponed its floor debate on HB 3 to Monday, May 6, 2019.

Senate Education Committee begins hearing multiple House bills

Senate Education Committee, April 30, 2019.

The Senate Education Committee met Tuesday morning, April 30, 2019, to take up a handful of House bills that have been sent over from the lower chamber after the school finance bill, House Bill (HB) 3, was heard by the committee last week.

The first bill the Senate Education committee heard this morning was Senate Bill (SB) 2087 by Sen. Juan “Chuy” Hinojosa (D-El Paso). This bill would require school districts and charters to develop a traumatic injury response protocol, which includes a bleeding control kit. ATPE worked with Sen. Hinojosa’s office to ensure the bill contains substitute language affirming the immunity from liability for school employees or volunteers who might be expected to use the kit.

The committee also heard SB 2312 by Sen. Paul Bettencourt (R-Houston), which would subject Harris County Schools to a Sunset review, but without the option to abolish the agency.

Members heard House Bill (HB) 403 by state Rep. Senfronia Thompson (D-Houston), which would require school board trustees undergo regular training in identifying and reporting potential victims of sexual abuse, human trafficking, and other maltreatment of children.

HB 684 by Rep. Travis Clardy (R-Nacogdoches) would require an employee with responsibility for the supervision of a student with epilepsy undergo a training program, which may consist of a one-hour video provided by the Epilepsy Foundation of America. The employee would be allowed to administer rescue medication in accordance with a seizure action plan and would be immune from liability. Rep. Clardy’s office considering input from stakeholders, including ATPE, in refining this bill.

HB 2243 by Rep. Tom Oliverson (R-Cypress) would add asthma medicine to the existing epi-pen authorization statute. This bill would allow a district, charter, or private school nurse to administer asthma medicine with a written notification from a parent of an asthmatic child.

The Senate Education Committee also voted to advance the following bills to the full Senate:

  • SB 629, which would require online publication of a large amount of school district financial information. Sen. Royce West (D-Dallas) voted against the bill.
  • SB 968, which would require municipalities to regard charters as school districts for purposes of zoning, permitting, code compliance, and development. The bill would also apply land development standards to charters and would prohibit municipalities, counties, or political subdivisions from enacting or enforcing an ordinance that prohibits a charter school from operation. Sen. West voted against the bill.
  • SB 1600, which would require school districts to post information on their websites explaining any termination or nonrenewal of the superintendent and related severance agreements.
  • SB 2285, which would require the Texas Education Agency’s (TEA) committee that is responsible for reviewing accountability appeals to review challenges by school districts or charters. It would require that the commissioner not limit the challenge if the school district or charter created the inaccuracy and requires that the commissioner correct the rating if the rating assigned was too low.

Sen. Larry Taylor, who chairs the committee and is the House sponsor for HB 3, has indicated that his committee may vote on the school finance bill as early as Thursday, May 2, but that it’s more likely a committee vote will occur next week. The House, meanwhile, is debating a property tax reform bill today that is contingent on the passage of the school finance bill, HB 3.

Chairman Taylor has introduced new substitute language for HB 3 that would bring back a controversial merit pay proposal requiring major changes to the way educators are evaluated in Texas and forcing school districts to share those evaluations with TEA for purposes of a statewide competitive ranking of teachers. The bill also increases the use of standardized tests. For more on the differences between the Senate’s proposed language and HB 3 as passed by the House, including the bills’ treatment of pay raises, check out our blog coverage from last week here and here. ATPE is encouraging educators to contact their senators and share their input on HB 3 before it is put to a vote in the upper chamber. ATPE members can visit Advocacy Central for quick and easy communication tools.

ATPE testifies neutrally on Senate’s school finance legislation

The Senate Education Committee resumed testimony on the upper chamber’s school finance reform legislation Thursday afternoon, April 25, after meeting earlier to discuss the plan and differences between the House and Senate versions.

Much of the testimony Thursday afternoon came from school administrators, many of whom praised differentiated pay programs. One in particular that received high praise from members of the committee is a program utilized by Richardson ISD, after which the SB 1412 campus turnaround section of the committee substitute for Senate Bill (SB) 4 and House Bill (HB) 3 was modeled.

It’s important to point out that Richardson ISD’s campus turnaround program is a more straightforward differentiated pay program in which teachers are recruited to poorly performing campuses based upon fit and receive additional compensation for voluntarily taking on the challenge of working there. The program uses a multi-measure evaluation system that does not depend heavily on student test scores. Wraparound services for the students are a significant element of the program.

Sen. Kirk Watson (D-Austin) raised a question about the broader merit pay program currently in the Senate’s version of the bill that would allow a small percentage of Texas teachers to earn recognized, exemplary, and master designations that carry additional pay. Sen. Watson asked how the state will be able to make statewide comparisons of teacher performance in order to place teachers into percentiles for the purposes of assigning teacher designations. This goes to the core of the concerns with the merit pay program contained within SB 4/HB 3. While the language establishing eligibility for the merit pay program does offer some local flexibility, it implicitly requires using student test scores to compare teachers across the state. The bill also gives broad authority over the program to the Texas Education Agency (TEA) commissioner, and TEA staff confirmed that the evaluation system would include student assessments.

In response to testimony from a classroom teacher who warned against creating a merit pay program that incentivizes teaching to the test, Sen. Royce West (D-Dallas) noted that it may be worth considering setting an upper limit on the percentage that an evaluation under this system may be tied to test scores. Currently, the commissioner has that discretion. A number of teachers, including some from Dallas ISD, asked committee members not to use test scores to determine teacher pay. They explained that student test results have not been scientifically validated for the purposes of determining teacher effectiveness and warned about the negative campus environment that can result from basing teacher pay on test scores.

ATPE Governmental Relations Director Jennifer Mitchell testifying in the Senate Education Committee on April 25, 2019.

ATPE Governmental Relations Director Jennifer Mitchell testified neutrally on SB 4/HB 3 and provided written input comparing the bills. Mitchell thanked the committee for including a teacher pay raise in the bill, and she offered suggestions for repurposing the money proposed to be spent on merit pay. Mitchell pointed out that the merit pay program in the Senate’s legislation would pressure districts to use STAAR results for evaluations, and suggested legislators put the funding provided in the merit pay program toward the campus turnaround plan or to provide wraparound services.

ATPE member and 2012 Texas Teacher of the Year Stephanie Stoebe also testified, stressing the importance of full-day pre-K. Stoebe warned members against merit pay and basing evaluations on test scores or student surveys.

The committee also voted out the following bills on Thursday:

  • SB 232, which would require a school district to notify parents that Algebra II is not required to graduate, as well as the consequences of not completing Algebra II with regard to eligibility for automatic college admission and financial aid.
  • SB 293, which would improve educator preparation and training to better prepare teachers to serve students with disabilities. Sen. Bob Hall (R-Edgewood) voted against the bill. ATPE supports this bill.
  • SB 451, which would allow the bilingual education allotment to be used for staff salaries, not just salary supplements. ATPE supports this bill.
  • SB 869, which would update the guidelines on food allergies and require school boards and governing bodies of charters to update their policies on caring for students with food allergies who are at risk of anaphylaxis. Sen. Hall voted against the bill.
  • SB 1016, which would require TEA to audit teacher professional development requirements every four years, as opposed to “periodically.” The bill would ask the agency, with input from stakeholders, to seek to eliminate any unnecessary topic-specific training requirements.
  • SB 1045 by Sen. Bryan Hughes (R-Mineola), which would allow a district or charter school that operates a virtual school to have students served by the brick-and-mortar school and those served by full-time online programs evaluated separately under the accountability system.
  • SB 1182, which would add charter language to the approval section of the Texas Public Finance Authority’s bond issuance authority. Sen. Campbell explained this would transfer authority to approve charter bonds from local governments to the state attorney general. Sen. Beverly Powell (D-Burleson) voted against the bill, and Sen. West asked to be shown as “present and not voting.”
  • SB 1374, which would allow concurrent enrollment in Algebra I and geometry.
  • SB 2283, which would make a felony conviction render a person ineligible to serve as a member of a school board of trustees. Current law only prohibits a person who has been convicted of paying for prostitution from serving as a school board trustee.
  • SB 1284, which would create a competitive grant program largely for medical providers to promote early literacy. Sens. Pat Fallon (R-Prosper) and Hall voted against the bill.
  • SB 784, which would add Texas Education Agency (TEA) oversight of human sexuality instruction and require that parents receive notification in advance of when instruction is to be provided, along with a detailed description of the content. Sens. Watson, Powell, and West voted against the bill.