Category Archives: special education

New School Year, New Laws: Special Education

In this week’s blog post in the “New School Year, New Laws” series, the ATPE lobby team looks at changes to special education resulting from the 86th legislative session earlier this year.

Three years ago, the Houston Chronicle published an investigative series on how Texas was systematically denying special education services to students through an arbitrary 8.5% cap on special education enrollment. After confirming the findings, the U.S. Department of Education (ED) ordered the state to complete a Special Education Strategic Plan and Corrective Action Response. In the interim before the 2019 legislative session, special education advocates worked diligently with lawmakers, the Texas Commission on Public School Finance, and the Texas Education Agency (TEA) on the strategic plan, corrective action response, and special education funding to try to mitigate the negative effects of having denied years of services to students. This involvement from stakeholders helped to prioritize special education in the legislative session.

Below are some of the bills passed this year to address special education funding and various initiatives for students with special needs.

House Bill (HB) 3 by Rep. Dan Huberty (R-Kingwood): Special education funding and advisory committee

Special education in Texas is currently funded through a system of weights based on student placement. For example, the weight for a homebound student is 5.0 (meaning that a school district receives 5 times the amount of the basic allotment for that student). The mainstream weight covers approximately 85% of students receiving special education services, according to the TEA. Rep. Mary Gonzalez (D-Clint) amended HB 3 to increase the mainstream weight from 1.1 to 1.15, which will generate hundreds of extra dollars for every student receiving special education services in the general education classroom. As an aside, stakeholders and agency officials alike are urging that the rhetoric around special education shift to characterize special education as a service rather than a placement.

HB 3 also creates a new dyslexia weight of 0.1, which will help direct even more money to students with special needs. The dyslexia weight will also capture and fund students who are receiving services under Section 504 of the Rehabilitation Act, which is not federally funded like the Individuals with Disabilities Education Act (IDEA).

Lastly, HB 3 establishes a 14-member special education allotment advisory committee that will make recommendations on special education funding. In September, the commissioner of education will appoint committee members, to include a variety of stakeholders both within and outside of the school setting, including two teachers.

These provisions of HB 3 became effective immediately upon the passage of the bill.

Senate Bill (SB) 500 by Sen. Jane Nelson (R-Flower Mound): Addressing maintenance of financial support in the supplemental budget

Just before the 2019 legislative session began, news broke that Texas had failed to maintain “state financial support” under the Individuals with Disabilities Education Act (IDEA). Essentially, the state spent $33.3 million less on special education in 2012 than it spent in the prior year, which is not allowed. Unfortunately, the state continued this trend in 2017, 2018, and 2019, and it is now estimated that the resulting federal penalty will reach $233 million.

This year’s supplemental spending bill, SB 500, included over $219 million to settle maintenance of financial support costs and to prevent future penalties.

SB 139 by Sen. Jose Rodriguez (D-El Paso): Notification of enrollment opportunities

SB 139 specifically addresses the aforementioned 8.5% cap on enrollment in special education by requiring TEA to develop a notice regarding the elimination of the arbitrary limit. The notice must also include the rights of children under state and federal law and how parents and guardians can initiate referral and evaluation for special education services.

HB 111 by Rep. Mary Gonzalez (D-Clint): Trafficking, abuse, and maltreatment training

As part of their district improvement plan, school districts are required to adopt and implement a policy on sexual abuse, sex trafficking, and other maltreatment of children. Districts must incorporate methods to increase awareness of these issues by providing training for new and existing employees on prevention techniques and the recognition of sexual abuse, sex trafficking, and other maltreatment of students. HB 111 specifically adds that the training should also include prevention and recognition for students with significant cognitive disabilities. HB 111 became effective immediately.

HB 165 by Rep. Diego Bernal (D-San Antonio): High school endorsements

Effective immediately, HB 165 allows students receiving special education services to earn high school endorsements on their transcripts if they complete, with or without modification, the foundation high school curriculum requirements and the additional endorsement curriculum requirements. Under previous law, a student receiving special education services was unable to earn an endorsement by virtue of being enrolled in a modified curriculum. This prevented the student from earning a Distinguished Level of Achievement upon graduation, which is an eligibility requirement for automatic admission to a public institution of higher education in Texas.

SB 522 by Sen. Judith Zaffirini (D-Laredo): Services for students with visual impairments

SB 522 aims to improve the educational services provided to students with a visual impairment by aligning the terminology in state law with federal law regarding these students. Additionally, the individualized education plan (IEP) for students with a visual impairment must now include instruction in braille and the use of braille unless the student’s admission, review, and dismissal (ARD) committee determines that a different form of instruction is more appropriate. Under SB 522, instruction in braille must be provided by a teacher certified to teach students with visual impairments. This law became effective immediately.

SB 712 by Sen. Eddie Lucio, Jr. (D-Brownsville) and HB 3630 by Rep. Morgan Meyer (R-Highland Park): Prohibiting aversive disciplinary techniques

SB 712 and HB 3630 by are identical bills that prohibit the use of certain techniques on students that are meant to discourage recurring behaviors. These aversive techniques are defined in physical terms, such as inflicting pain on a student, as well as in social, emotional, and mental terms, such as verbally demeaning a student or using a timeout when such breaks are not a part of the student’s individualized education plan (IEP). This legislation does not affect a teacher’s ability to remove students under Texas Education Code Section 37.002, which allows teachers to remove students who are repetitively disruptive and limiting the learning of others. Both bills were effective immediately upon their passage earlier this year.


See the TEA’s “HB 3 in 30” video on special education for additional detail on legislative changes. For more information on the issues featured in our “New School Year, New Laws” series, be sure to check out “An Educator’s Guide to Changes Enacted by the 86th Texas Legislature,” in which ATPE’s attorneys provide a comprehensive look at new education laws passed in 2019. Join us next Monday here on Teach the Vote to read about legislative changes regarding professional opportunities for educators.

Teach the Vote’s Week in Review: April 12, 2019

Here’s your weekly wrap-up of education news from ATPE Governmental Relations:


On Tuesday, April 9, the Texas Senate passed its version of the state budget for the next two years. The Senate’s substitute version of House Bill (HB) 1 received unanimous approval from the upper chamber.

Like the House, the Senate set aside $2.7 billion in the budget bill for “tax relief,” although it is yet to be determined exactly how the money will be spent to achieve that goal. The Senate also dedicated $6.3 billion to public schools, $4 billion of which is reserved for a $5,000 across-the-board pay raise for all full-time teachers and librarians through Senate Bill (SB) 3. That leaves only $2.3 billion in the Senate’s bill to try to make changes to the larger school finance system.

The Senate’s budget proposal differs from the House’s plan, which delivers more than $6 billion to school districts with instructions to spend the first 25 percent of any increase in the basic allotment, or approximately $2.4 billion, on salary increases for all non-administrative staff. While amounts of such a pay raise, if passed, would vary from district to district, the House’s plan would average out roughly to about $1,300 per full-time employee.

Next, each chamber will appoint members to a conference committee that will work out the differences between the version of HB 1 that the Senate passed this week and the version of the bill that the House passed last month. For its part, the House has already appointed its five members of the critical budget conference committee: House Appropriations Chairman Rep. John Zerwas will chair the committee, joined by Reps. Greg Bonnen, Sarah Davis, Oscar Longoria, and Armando Walle. Once the Senate appoints its conferees, negotiators will have until the session ends in late May to reach an agreement. The budget is the only bill the Texas Legislature is constitutionally required to pass, so any failure to come to an agreement within the 140-day regular session would result in legislators being called back for a 30-day special session to finish the budget.

 


The state’s ongoing difficulty in providing resources for students with disabilities continues to make headlines. On Thursday, April 11, Representative Mary González (D – Clint) and Representative Morgan Meyer (R – Highland Park) held a press conference to address Texas’s consistent underfunding for students with disabilities and lack of compliance with federal spending requirements under the Individuals with Disabilities Education Act (IDEA). ATPE and other stakeholder groups representing educators, students, and advocates for people with disabilities participated in the bipartisan press conference.

The state’s inadequate spending on students with special needs could cost Texas as much as $223 million in lost federal funding. Under the IDEA’s maintenance of financial support requirement, each state must spend at least as much on special education as it did in the previous year or face a financial penalty. Read more about the millions in penalties Texas faces here.

 


The Senate Education Committee convened twice this week to take action on bills pertaining to virtual schools and other miscellaneous items. The first meeting of the committee on Tuesday featured testimony about which entity should manage the Permanent School Fund and a discussion of school turnaround options. The committee also heard an ATPE-supported bill by the committee’s chairman, SB 1895 by Sen. Larry Taylor (R-Friendswood), that would help educators receive professional development on blended learning.

Among the legislation voted out favorably by the committee on Tuesday were two bills pertaining to virtual schools, which ATPE opposed when they were heard by the committee the previous week. The committee advanced SB 2244 by Sen. Angela Paxton (R-McKinney), which prevents school districts from charging fees for virtual classes and makes it easier to enroll in virtual schools, and SB 1455 by Sen. Larry Taylor (R-Friendswood), which also expands virtual schools. ATPE previously submitted written testimony opposing both bills and citing research that calls into question the quality and performance of existing virtual schools. The committee also voted out a number of other bills, including SB 1256 by Sen. Paul Bettencourt (R-Houston) that cleans up portions of his educator misconduct bill passed last session.

For a full recap of Tuesday’s committee meeting, check out this blog post by ATPE Lobbyist Mark Wiggins.

During the Senate committee’s second hearing on Thursday, the bills discussed were mostly unrelated to each other. ATPE supported bills including SB 426 by Sen. Eddie Lucio,. Jr. (D-Brownsville), which would ensure that counselors spend the majority of their time counselling students as opposed to being assigned other duties such as test monitoring. The committee also took action on some pending bills, including a major school safety bill. Chairman Taylor’s SB 11, which ATPE had also supported, received a favorable vote by the committee on Thursday. SB 11 follows up on recommendations of the Senate Select Committee on Violence in Schools and School Security that met during the interim last year.

More information on the bills heard and acted upon during Thursday’s hearing of the Senate Education Committee can be found in this additional blog post from ATPE’s Mark Wiggins.

On Tuesday, April 16, the Senate Education Committee is slated to meet again and is expected to hear the House’s major school finance bill, HB 3. ATPE urges educators to contact their senators about this widely support bill and keep up the momentum for passing meaningful school finance reform and an educator pay raise this session.

 


The House Public Education committee held a marathon meeting on Tuesday, hearing 38 bills that mostly pertained to charter schools. Several of the bills were aimed at regulating the expansion of charter schools and how charter schools handle student discipline, eliciting hours of public testimony. Other bills heard on Tuesday included the ATPE-supported HB 228 by Rep. Matt Krause (R-Fort Worth) that would create new eligibility standards for Districts of Innovation (DOI), and HB 1853 by Rep. Leo Pacheco (D-San Antonio), which would require charter schools to hire certified educators and protect the rights of educators. ATPE also provided neutral testimony on HB 3904 by Chairman Dan Huberty (R-Kingwood), which is considered a clean-up bill for Huberty’s HB 22 that was passed last session.

Find more information on the bills considered and passed by the House Public Education committee in this blog post by ATPE Lobbyist Andrea Chevalier. The committee will meet again on Tuesday, April 16, where it will consider a diverse agenda, including some virtual schooling bills similar to those acted upon by the Senate committee this week. Stay tuned to Teach the Vote and follow us on Twitter for updates.

 


ATPE is encouraging educators to contact their senators asking them to oppose two bills that would infringe on educators’ free speech rights and limit the ability to teach studentsSB 1569 by Sen. Pat Fallon (R-Prosper) and SB 904 by Sen. Bryan Hughes (R-Mineola) both deal with “political advertising” laws and are aimed at limiting the ability of school district employees and school board members to talk about political content while they’re at school.

SB 1569 has been placed on the Senate Intent Calendar for next week, meaning that it could come up for a floor vote as early as Tuesday. SB 904 has not yet been placed on the Senate Intent calendar but may also appear there at any time. While the authors did make some changes to these two bills compared to their versions as filed, ATPE remains concerned about likely negative consequences of SB 1569 and SB 904 and the chilling effect they would have on educators. For additional information, check out this blog post about the bills. ATPE members are urged to visit Advocacy Central for talking points and quick communication tools for reaching out to their senators.

 


Teach the Vote’s Week in Review: Nov. 9, 2018

Here’s your weekly wrap-up of education news from ATPE Governmental Relations:


This past Tuesday was Election Day. All across the country registered voters lined up at polling places (some with hours-long waits) to cast their ballots and make their voices heard. There were a number of impressive wins and historical elections across the country and Texas was no exception. Turnout for this midterm election was nearly double what it was in 2014.

While Texas’s Governor, Lieutenant Governor, and U.S. Senator Ted Cruz were all able to secure reelection, the margins by which they won were closer than usual. Democrats in the Texas House were able to flip 12 seats, a gain that has implications for the impending race for a new House Speaker, while the minority party in the Senate also gained two seats. Senate Democrats will most likely still face a vacancy for at least the first part of the 2019 legislative session; Sen. Sylvia Garcia (D-Houston) announced her resignation today following her election to a U.S. Congressional seat on Tuesday. Gov. Greg Abbott must now call a special election to fill the state senate seat within the next couple of months. Additionally, the seat flipping in the state legislature might not be complete at this point as a number of candidates who seemingly lost their elections Tuesday by narrow margins are waiting for provisional and mail-in absentee ballots to be counted. Margins that remain slim following the completion of the vote counting could trigger recounts in a few races.

What we know for sure at this point is that Texans made a statement with this election by electing a myriad of pro-public education candidates to office. ATPE Lobbyist Mark Wiggins breaks down the math of this week’s election results in this blog post.

 


A 2012 decision by the state of Texas to spend less money on students with disabilities is coming back to haunt it. The U.S. Court of Appeals for the Fifth Circuit has ruled to uphold a penalty levied by the U.S. Department of Education that withholds $33.3 million dollars in federal funding from Texas’s special education grants. The penalty was imposed after Texas was found to have withheld the same amount of money in funding for special education programs. While the state argued that its special education programs had helped students overcome their disabilities and hence fewer special education services were needed following the 2012 funding decrease, the federal education ageny contended that states can not reduce funding levels from year to year.

You can read more about the ruling and the history behind it in this article from the Texas Tribune.

 


 

From the Texas Tribune: 5th Circuit upholds feds’ $33 million penalty for Texas decrease in special education funding

5th Circuit upholds feds’ $33 million penalty for Texas decrease in special education funding” was first published by The Texas Tribune, a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.

Texas’ decision to spend $33.3 million less on students with disabilities in 2012 will likely cost it millions in future federal funding after a Wednesday afternoon 5th U.S. Circuit Court of Appeals ruling.

According to the New Orleans-based court, the U.S. Department of Education was within its rights to try to withhold the same amount from Texas’ special education grants, since a 1997 federal statute prohibits states from reducing their funding for kids with disabilities from year to year. Texas had appealed the department’s decision, arguing that statute was vague and unenforceable.

A little more than a month after hearing both sides, and the day after a momentous midterm election, the three-judge panel effectively upheld the education department’s decision to financially penalize Texas in an opinion that called the state’s argument “unpersuasive.” The 13-page opinion questions Texas’ current system for funding special education, saying it could give the state reason to minimize the needs of kids with disabilities in order to save money.

The court also ruled that Texas must pay the federal government’s appeal costs. Texas has not publicly indicated whether it will try to appeal the ruling.

Since 1995, Texas has weighted funding for kids with disabilities, paying schools more to educate kids who have more severe disabilities or need more personalized attention in order to learn. It argued it spent $33.3 million less in 2012 because its special education programs successfully got students to “overcome their disabilities,” decreasing their need. School districts reported students in need of less expensive services that year and so the state allocated less money, lawyers argued.

The federal government’s argument is simple: States cannot decrease their funding from year to year, a provision that ensures they use the additional federal money to enhance services, instead of cutting their budgets.

Texas’ weighted funding system “poses the potential for future abuse” of that statute, the panel said in an opinion written by Judge Jerry Smith, who had expressed skepticism towards the state’s argument in October.

“Though Texas law requires the state to allocate funding based on the needs of disabled children, it is the state itself that assesses what those needs are,” Smith wrote. “Hence, the weighted-student model creates a perverse incentive for a state to escape its financial obligations merely by minimizing the special education needs of it students.”

At a Texas House Appropriations Committee hearing last month, state education officials prepared lawmakers for a potential loss at the 5th Circuit, saying the penalty — which amounts to 3 percent of Texas’ annual federal special education grant — would have minimal impact on their special education programs.

Texas is separately working to overhaul its special education programs after a U.S. Department of Education investigation concluded earlier this year that the state had effectively denied services to thousands of students with disabilities who needed them. Officials estimate spending $3 billion more on kids with disabilities over the next three years, since more students are likely to be eligible for services.

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2018/11/07/texas-special-education-funding/.

 

Texas Tribune mission statement

The Texas Tribune is a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.

From The Texas Tribune: Federal officials tell Texas to go beyond plan for special education overhaul

By Aliyya Swaby, The Texas Tribune
Oct. 19, 2018

Federal officials tell Texas to go beyond plan for special education overhaul” was first published by The Texas Tribune, a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.

Jean Gearhart gives a tearful statement with her husband Troy Gearhart to the panel about her special needs child. U.S. Department of Education officials held a meeting in Edinburg on their tour of Texas to hear community members’ experiences with special education. Photo by Eddie Seal for The Texas Tribune

Federal officials said Texas should be doing even more to improve special education — and they’re planning a visit early next year to check.

In a letter Friday, officials from the U.S. Department of Education dissected Texas’ proposed plan for overhauling special education for kids with disabilities — in many cases urging state officials to do even more than they had originally planned. Earlier this year, a thorough investigation found Texas had failed to provide students with disabilities with a proper education, violating federal special education law, and demanded it undertake a long list of corrective actions to shape up.

After finalizing a plan in April, the Texas Education Agency has to date dramatically changed the structure of its departments overseeing special education, hired about 40 people to staff them (including a new special education director), and posted a long list of grants totaling more than $20 million to help school districts overhaul their policies. It anticipates spending an additional $3 billion over the next few years as more students enroll in special education.

“TEA has already completed more than half of the required activities in that Corrective Action Response,” Commissioner Mike Morath said in a statement Friday. “We continue to adhere to a commitment to transparency and engagement throughout the plan’s implementation.”

In Friday’s letter, federal officials okayed some parts of Texas’ improvement plan, which they noted outlines many “necessary steps” the state is taking to address their findings.

But they also said Texas should do more to make sure school districts understand how to comply with federal special education law. The investigation uncovered many educators who misunderstood what the law said about identifying students with disabilities and providing them with the right educational services.

The letter said TEA should take a “representative sample” of school districts and thoroughly review their policies and procedures for identifying students who may need special education. It also should specify how it will identify and hold accountable school districts that do not comply with federal law.

Parent advocates have argued school districts don’t make information available to them about how to make sure their children can access the appropriate special education services.

The Department of Education told the TEA to ensure state officials provide information to parents on their rights and responsibilities under federal special education law in their native languages, unless it’s “clearly not feasible to do so.” The TEA should also come up with a specific process for how it will make sure school districts communicate with families of students who may have been denied special education services in the past, “through means other than postings on websites.”

Federal officials plan to review the progress Texas has made and will work with the TEA to schedule an in-person monitoring visit in early 2019.

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2018/10/19/federal-officials-tell-texas-go-beyond-plan-special-education-overhaul/.

 

Texas Tribune mission statement

The Texas Tribune is a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.

Teach the Vote’s Week in Review: Oct.12, 2018

Here’s your weekly wrap-up of education news from ATPE Governmental Relations:


The deadline to register to vote for the upcoming general election was on Tuesday, October 9. Texas saw a record breaking surge in registered voters with 15.6 million people registering to vote by Tuesday’s deadline. Now that the deadline to register has passed, it’s time to get down to the heart of the matter: the candidates and the issues. Texans, educators especially, owe it to themselves to walk into polling stations fully informed on where candidates stand on issues like teacher pay, school finance, health care, and retirement. Use the “Candidates” section of TeachtheVote.org to learn more about the candidates in your district. You can also use Vote411.org to generate a personalized sample ballot ahead of election day. Knowing is half the battle.

 


The House Appropriations committee met on Tuesday to discuss school safety measures and the progress of TEA’s corrective action plan for students with special needs. Hearing testimony from Santa Fe ISD administrators on how they’ve implemented improved school safety measures following the tragic shooting there earlier this year. TEA Commissioner Mike Morath testified to the committee that the agency had requested a $54 million exceptional item as part of it’s legislative appropriations request (LAR) but members questioned how far that amount would go when spread statewide. With regards to the corrective action plan aimed at providing children with special needs the access to the services they require staff testified that additional funding would be needed and that at this time there is not enough trained staff available to evaluate children for special needs services. Find out more in this blog post by ATPE Lobbyist Mark Wiggins.

 


 

Joint panel discusses student mental health services

The House Public Education Committee met jointly with the Public Health Committee Thursday at the Texas Capitol in order to discuss interim charges related to students’ mental health. The joint hearing focused on the following charge:

  • Consider testimony provided at the May 17 House Public Health Committee hearing regarding improving mental health services for children. Identify specific strategies that would enhance overall school safety. Study ways to help parents, youth and primary care providers support school personnel in their efforts to identify and intervene early when mental health problems arise. In addition to school-based trauma-informed programs and those that treat early psychosis, consider the benefits of universal screening tools and expanding the Child Psychiatry Access Program (CPAP). Make recommendations to enhance collaboration among the Health and Human Services Commission, the Texas Education Agency, local mental health authorities, and education service.

House Public Education Committee meeting in a joint hearing with the House Public Health Committee June 28, 2018.

Invited witnesses representing school counselors recommended adding more counselors, social workers and licensed specialists in school psychology (LSSPs), as well as reducing the number of non-counseling duties assigned to counselors – such as bus duty and cafeteria monitoring. One expert testified that counselors and mental health professionals should be used appropriately, and warned of potential stigma associated with referrals for certain mental health services. State Reps. Joe Deshotel (D-Beaumont) and Cindy Burkett both expressed concern that stigma should not prevent students from receiving the mental health services they need.

Chair Dan Huberty (R-Houston) admonished witnesses to make specific asks and supply hard numbers along with their recommendations, rather than make vague suggestions. Vice-chair Diego Bernal (D-San Antonio) noted that the issue seems to be one of capacity, with the current number of counselors lacking sufficient time and resources to achieve maximum effectiveness.

A representative from Communities in Schools (CIS) testified to the importance of wraparound services and incorporating these into emergency response plans. Several members of the committee praised CIS for its work and voiced their continuing support. Lisa Descant with CIS of Houston testified that case management services cost about $218 per student annually, which is funded by a combination of public and private money.

Billy Philips with the Texas Tech University Health Science Center testified regarding the Telemedicine Wellness, Intervention, Triage, and Referral (TWITR) Project. The program provides school-based screening, assessment and referral using telemedicine for students that come to their attention. The program also coordinates handoff to support services and follows certain kinds of outcome data. Licensed professional counselors (LPCs) screen students who are referred due to behavioral issues and connect them to the appropriate care resources, which often include getting the right medication. Students may be removed from school for therapeutic services or for security reasons.

Public testimony consisted of a mix of counselors and individuals performing similar support services. A panel of high school students who became activists following the Santa Fe school shooting impressed lawmakers by offering specific recommendations, such as making additional counselors available and offering ways to reduce the stigma attached to mental illness.

State Rep. Linda Koop (R-Dallas) polled the students whether they would use an app to anonymously report cyberbullying, which is among the ideas under consideration. The students indicated they would use an app for this purpose, provided that they could be confident reports would be acted upon and follow up.

A number of witnesses also asked to provide teachers with trauma-informed instruction training, which they believe will help teachers better identify and help students who may be experiencing trauma at home that could lead to serious academic and behavioral issues.

SBOE committee update: Dyslexia handbook

The three committees of the State Board of Education (SBOE) met Thursday morning to discuss items under the umbrella of school initiatives, instruction, and school finance/permanent school fund.

SBOE Committee on Instruction meeting June 14, 2018.

The Committee on Instruction began its meeting by considering changes to the rules regarding credit by examination (CBE), which was opposed by school administrators. Witnesses warned that some of the changes, such as the method of external validation, were infeasible. The committee ultimately amended the rules following a lengthy conversation with stakeholders.

The committee also approved amendments to the Dyslexia Handbook, which were proposed as a result of testimony received by special education advocates in April. The handbook is being adopted into state administrative rule in order to ensure all schools comply with the provisions contained within it. Witnesses on Thursday expressed concern over the ability of districts to create their own reading programs under the new rule. Other witnesses warned about the potential consequences of arbitrarily placing all dyslexic children in special education programs as opposed to Section 504. Member Tincy Miller (R-Dallas) urged staff to ensure a balanced approach in the handbook.

The full board is scheduled to meet again on Friday to wrap up its June meeting.

Teach the Vote’s Week in Review: June 8, 2018

Here’s your weekly wrap-up of education news from ATPE Governmental Relations:


School finance commission working group on expenditures meeting June 6, 2018.

The Texas Commission on Public School Finance met this week both as a whole and in smaller working groups. ATPE Lobbyist Mark Wiggins followed the conversation and provided updates for TeachTheVote.org. His first post details Tuesday’s meeting of the full commission, in which members heard from a number of invited witness who talked about teacher supports, such as merit pay programs.

The working group on revenues, led by state Sen. Paul Bettencourt (R-Houston), held a last-minute meeting afterward that resulted in most of the public not being able to attend, but reports from those inside provided an idea of what the group has planned. State Rep. Dan Huberty’s (R-Houston) working group on expenditures met Wednesday morning, and engaged in a lively discussion about textbooks and classroom technology.

The commission is scheduled to meet again on July 10, followed by an expenditures meeting on July 11 in which the working group will vote on recommendations to submit to the full body.


The Senate Select Committee on Violence in Schools and School Security is set to hold two hearings next week in response to the tragic school shooting in Santa Fe, Texas. Lt. Gov. Dan Patrick assigned Senate Education Committee Chair Larry Taylor (R-Friendswood) to chair the select committee, which is composed of six Republicans and three Democrats.

Monday’s agenda includes invited and public testimony on the following: “Improve the infrastructure and design of Texas schools to reduce security threats, and discuss various proposals to harden school facilities, including limiting access points, improving screening and detecting of weapons, retrofitting school facilities with improved locks, emergency alarm systems, and monitoring cameras.”

Tuesday’s agenda includes invited and public testimony on the following: “Study school security options and resources, including, but not limited to, the school marshal program, school police officers, armed school personnel, the Texas School Safety Center, and other training programs to determine what improvements can be made to provide school districts and charter schools with more robust security options.”

Texas Speaker Joe Straus (R-San Antonio) asked the House Committee on Criminal Jurisprudence to study a “red flag” law that would provide a legal process for temporarily removing guns from someone considered potentially dangerous by family members or law enforcement. Straus also announced nine new interim charges for House committees:

Committee on Appropriations

“Examine the availability of federal funding and Governor’s Criminal Justice grants that may directly or indirectly improve school safety. Evaluate the potential costs of proposals identified by the Governor and House Committees related to improving access to mental health services for children, improved school safety, and enhanced firearm safety.”

Committee on Public Education

“Review the effectiveness of schools’ current multi-hazard emergency operation plans. Determine any areas of deficiency and make recommendations to ensure student safety. Research violence prevention strategies, such as threat assessment, that are available for school personnel to identify students who might pose a threat to themselves or others. Identify resources and training available to schools to help them develop intervention plans that address the underlying problems that caused the threatening behavior.”

“Examine current school facilities and grounds. Consider any research-based ‘best practices’ when designing a school to provide a more secure environment. Review the effectiveness of installing metal detectors, cameras, safety locks, streaming video of school security cameras, and other measures designed to improve school safety.”

Committee on Criminal Jurisprudence

“Examine current statutes designed to protect minors from accessing firearms without proper supervision and make recommendations to ensure responsible and safe firearm storage, including enhancing the penalty to a felony when unauthorized access results in death or bodily injury.”

Committee on Homeland Security and Public Safety

“Evaluate options to increase the number of school marshals available, and identify current statutory requirements that limit utilization of the program.”

“Examine best practices and measures adopted in other states regarding reporting lost or stolen firearms. Gather information on reporting strategies, fines, and/or penalties for noncompliance, and receive testimony from law enforcement related to mishandling of firearms.”

Committees on Public Education and Committee on Public Health (Joint Charge)

“Consider testimony provided at the May 17 House Public Health Committee hearing regarding improving mental health services for children. Identify specific strategies that would enhance overall school safety. Study ways to help parents, youth and primary care providers support school personnel in their efforts to identify and intervene early when mental health problems arise. In addition to school-based trauma-informed programs and those that treat early psychosis, consider the benefits of universal screening tools and expanding the Child Psychiatry Access Program (CPAP). Make recommendations to enhance collaboration among the Health and Human Services Commission, the Texas Education Agency, local mental health authorities, and education service centers.”

Committee on Homeland Security & Public Safety and Committee on Judiciary and Civil Jurisprudence (Joint Charge)

“Examine current judicial procedures and practices and make recommendations to assist all courts and jurisdictions in reporting judgments and verdicts which make up the information sent to the National Instant Background Check System (NICS). Review and make recommendations regarding the list of convictions, judgments, and judicial orders which disqualify a person from possessing a firearm.”

Committee on Defense & Veterans Affairs and Committee on Homeland Security & Public Safety (Joint Charge)

“Examine the experience of other states in prioritizing retired peace officers and military veterans for school security. Determine the minimum standards necessary to implement such a program.”

ATPE will be attending these hearings will post updates at TeachTheVote.org. The House and Senate actions come after Gov. Greg Abbott released his outline of ideas to prevent further school shootings last week. Many of those ideas would require legislative action, which is among the things the committees will consider.

 


State Rep. Larry Gonzales (R-Round Rock) announced his resignation this week, saying it’s time to move on. The Texas Tribune reported on his announcement, which we’ve been expecting since he announced last year he wouldn’t be running for reelection. Rep. Gonzales chaired the House Appropriations Subcommittee on Articles VI, VII and VIII of the state budget, which includes funding for big state agencies such as the Texas Department of Transportation (TxDOT). As a member of the Texas Legislature, he was well known for being a friendly guy and a straight shooter who worked with both parties to get things done. Gonzales was a good friend of public education, and his presence in the legislature will be dearly missed.

The race to follow Rep. Gonzales in representing House District (HD) 52 is between Republican Cynthia Flores and Democrat James Talarico. You can click on each of their names to view their candidate information and survey responses they provided to TeachTheVote.org. This is expected to be a close race, which underscores the importance of every vote.

The November 6 General Election will be the last opportunity for education supporters to make sure pro-public education candidates are elected into office. Whomever voters choose will decide what direction to take the Texas Legislature when it meets in January. Will we see a resurrection of vouchers and bills attacking teachers? Or will we see a comprehensive school finance reform bill that puts more resources into classrooms and gives local taxpayers a break? It all depends on who you elect!

 


 

Education Commissioner Mike Morath announced Wednesday the criteria for schools affected by Hurricane Harvey to receive waivers from the state accountability ratings. Campuses, districts, and open enrollment charter schools are eligible to be evaluated under the Hurricane Harvey Provision if 10% or more of students or teachers were reported as homeless after the storm, if the campus was closed for ten or more instructional days, or if the campus was reported as being displaced due to the geographic relocation of students or the sharing of instructional facilities. Campuses or districts that meet at least one of these criteria AND are labeled Improvement Required or receive a B, C, D, or F rating will have their accountability rating changed to Not Rated. You can read the full announcement here.

 


ATPE educator and Round Rock ISD fourth grade teacher Stephanie Stoebe testifying at the Texas Capitol June 7, 2018.

Lawmakers on the House Committee on Public Education Subcommittee on Educator Quality and the House Committee on Higher Education combined forces on Thursday to discuss educator preparation programs (EPPs). The differences between alternative certification or “alt-cert” programs and traditional EPPs was examined during the hearing. The combined committees also heard from ATPE member Stephanie Stoebe, who spoke about her efforts to identify what marks a quality EPP. Stoebe’s recommendations for the committees included creating a dashboard to share EPP information and setting high standards relevant to student achievement. Teacher pay and attrition were also among the topics discussed at the hearing. The combined committees also heard from Stephen F. Austin University, College of Education Dean, Dr. Judy Abbott about partnerships between colleges, universities, and local districts. A detailed breakdown of the hearing can be found in this post by ATPE Lobbyist Mark Wiggins.

 


On Wednesday, June 6, the Texas Education Agency (TEA) released guidelines to all administrators relating to services for students with dyslexia and other disorders. The provisions come after a final monitoring report from the U.S. Department of Education Office of Special Education Programs (OSEP) disclosed that TEA failed to comply requirements in the Individuals with Disabilities Education Act (IDEA). The provision of services outlines the appropriate responses educators should have if a student is showing early signs of dyslexia, the need for special education, or other services. Read the full correspondence here.

Teach the Vote’s Week in Review: May 25, 2018

Here’s your weekly wrap-up of education news from the ATPE Governmental Relations team:


You did it! Tuesday, May 22nd turned out to be a great night for pro-public education candidates in our state, and it’s all because of the concerned educators and members of the public that turned out in the primary runoffs. The power of Texas educators was on full display as 80% of runoff candidates backed by ATPE-PAC or ATPE Direct triumphed over their opponents. A more thorough breakdown of all of the races can be found in this post by ATPE Lobbyist Mark Wiggins. While these victories may be sweet, remember that the fight isn’t over just yet. The general election in November is right around the corner, and educators must stay engaged!


Despite the concerted efforts of voucher supporters in Congress, ATPE and its federal lobby team in Washington D.C. were able to quell the passage of a voucher aimed at military-connected families. Along with many other opponents of the legislation, including the Military Coalition, we were able to successfully stop the most recent attempt to advance harmful voucher legislation. This most recent attempt would have amended a voucher onto the National Defense Authorization Act for Fiscal Year 2019 (NDAA). More information on the failed amendment and ATPE’s efforts to stop it can be found in this blog post by ATPE Lobbyist Kate Kuhlmann.


 

ATPE Lobbyist Monty Exter testifying before House Public Education Committee May 24, 2018.

The Texas House Public Education (HPE) Committee met on Thursday to discuss its assigned interim charges on special education and standardized testing.TEA Commissioner Mike Morath offered testimony on the STAAR test, the effectiveness of the writing portion of the test, and how that portion is graded.Morath also spoke on the agency’s response to the tragic shooting in Santa Fe, which include providing attendance waivers and seeking federal funds for emergency response. ATPE lobbyist Monty Exter provided testimony on the specificity of the Texas Essential Knowledge and Skills (TEKS) and other topics. The committee also heard from a panel of superintendents, TEA Deputy Commissioner Penny Schwinn, and special education advocates. ATPE Lobbyist Mark Wiggins provides a thorough recap of the meeting.