Tag Archives: accountability

Teach the Vote’s Week in Review: April 19, 2019

The legislature packed a lot of work into a short week ahead of this holiday weekend. Here’s a summary of the latest education-related developments from our ATPE Governmental Relations team:


Senate Education Committee meeting April 16, 2019.

This week was a busy one for the Senate Education Committee. On Tuesday, the committee chose to postpone its originally posted hearing of the House’s school finance reform bill, House Bill 3. The committee postponed the hearing of HB 3 by Chairman Dan Huberty (R-Kingwood) in order to flesh out more of the Senate’s committee substitute for the bill. We expect HB 3 to heard later next week and are urging educators to reach out to their senators about the bill.

ATPE supported HB 3 as passed by the House almost unanimously. The bill was amended from its original version as filed to remove controversial language that would allow school districts to opt out of the the minimum salary schedule and fund merit pay that likely would have been tied to student test scores. ATPE encourages educators to contact their senators now and urge them to keep merit pay and other negative provisions out of HB 3 when it moves through the Senate. For additional information and direct communication links to lawmakers, ATPE members should visit Advocacy Central.

In lieu of HB 3, various other bills were discussed during Tuesday’s Senate Education Committee meeting, with topics ranging from sex ed to charter school regulation to accountability laws. The committee also voted to advance several bills, such as Senate Bill (SB) 1412 to allow a school at risk of closure to execute an accelerated campus excellence turnaround plan. For more on Tuesday’s Senate Education Committee hearing, read this blog post by ATPE Lobbyist Mark Wiggins.

The committee will meet again on April 23, 2019, to hear bills relating to school district funding and governance, student internships, staff development, and more. Stay tuned to Teach the Vote for coverage of the hearing and announcements when HB 3 is scheduled for hearing.


On Wednesday, April 18, the full Senate passed a bill to further restrict the ability of school district employees and school board members to talk about political content at school.

SB 1569 by Sen. Pat Fallon (R-Prosper) amends existing “political advertising” laws and was passed by a vote of 25 to 6. Senators who voted against the ATPE-opposed bill were Sens. Jose Menendez, Borris Miles, Beverly Powell, Kel Seliger, John Whitmire, and Judith Zaffirini.

During the Senate floor debate, Sen. Eddie Lucio, Jr. amended the bill to add prohibitions on electioneering using school resources by charter school employees or governing board members. Charter schools had not been included in the original version of SB 1569 as filed. Sen. Fallon also agreed to amend the bill on the floor to strike language from the original version that would have prohibited school districts from being able to share information that factually describes the purpose of a bond measure and does not advocate for its passage or defeat.

SB 1569 no longer includes highly troubling language in its original version that would have prohibited school employees from advocating for or against “a political philosophy” or “a matter of public interest.” However, ATPE notes that the bill still includes overly broad language aimed at stifling political involvement by public school employees, contractors, or board members. SB 1569 as passed by the Senate greatly expands the existing definition of political advertising to include support or opposition for a candidate, political party, public officer, or measure that is “directed to an individual person or multiple persons through any form of communication.” While Sen. Fallon indicated during floor debate that he does not intend for his bill to prevent educators from talking to one another about politics, especially after school hours, the language of the bill itself as quoted above suggests otherwise.

SB 1569 as passed by the Senate would also subject public school employees to criminal penalties if they “facilitate” legislative advocacy by students. ATPE is disappointed that senators would support legislation to prevent educators from teaching students about the legislative process without fear of being arrested.

Now that SB 1569 has been passed by the Senate, ATPE urges educators to contact their state representatives and ask them to oppose this unnecessary anti-public education bill. ATPE members can visit Advocacy Central for additional information on SB 1569 and communication tools.

Other bills on the move this session that have garnered scrutiny from the education community include HB 281 by Rep. Mayes Middleton (R-Wallisville)  and SB 29 by Sen. Bob Hall (R-Edgewood) relating to political subdivisions’ use of public money for lobbying activities. These bills would prohibit school districts from using public funds to pay for lobbying, whether by an employee of the district paid to lobby or an outside association that uses the public funds for activities that might include lobbying. Neither bill would affect the ability of school district employees to use their own personal funds to join associations, such as ATPE, that engage in lobbying activities.


Legislators, staffers, and stakeholders crowded a conference room Thursday, April 18, 2019, for a quick meeting of the House Public Education Committee to vote on bills.

The House Public Education Committee met twice this week to hear bills on topics such as civics education, bullying, and virtual schools.

During the committee’s first hearing on Tuesday, April 16, ATPE offered testimony on bills like HB 496 by Rep. Barbara Gervin-Hawkins (D-San Antonio) aimed at improving student safety by requiring a bleeding kit program in public schools. Read ATPE’s written testimony here. ATPE also testified against HB 429 by Rep. Matt Shaheen (R-Plano), which would expand virtual school programs that may not be efficient or of adequate quality. Read ATPE’s written testimony against HB 429 here. Other bills heard on Tuesday included the ATPE-supported HB 3133 by Rep. Alma Allen (D-Houston) that would allow school district employees to use their personal leave for compensation on school holidays.

The committee met again on Thursday, April 18, for a hearing that lasted until 11 pm and again featured discussions of a wide variety of topics. ATPE supported bills such as HB 414 by Rep. Dan Flynn (R-Van) calling for a Teacher Protection Act, HB 3403 by Rep. Phillip Cortez (D-San Antonio) to require school district employment policies to include anti-bullying measures for educators, and HB 3638 by Rep. Jared Patterson (R-Frisco) to repeal certain laws identified as unnecessary or duplicative by a mandate relief working group on which ATPE served last year.

The committee also convened while the House was in session on Thursday to vote out additional bills, such as Rep. Gina Hinojosa’s HB 43 on charter admission policies and Rep. Diego Bernal’s HB 4242 calling for a study of the readability of STAAR tests.

Read more about the bills considered by the House Public Education Committee in this week’s comprehensive blog posts from ATPE Lobbyist Andrea Chevalier here and here.


ATPE has long advocated for Texas lawmakers to increase funding of educators’ pension programs through the Teacher Retirement System (TRS). As we have been reporting throughout the session, the 86th Legislature is considering ATPE-supported bills to increase state contributions to the TRS pension fund and provide retirees with a 13th check.

In support of this ongoing effort, ATPE has joined forces with Equable, a national nonprofit organization that works to facilitate retirement plan sustainability and income security, to promote pension reforms this session that will address the TRS funding shortfall and help ensure that Texas educators have a stable retirement plan in the future. ATPE and Equable are urging educators to reach out to their legislators in support of bills like SB 12, which is scheduled for debate by the full House next week.

Learn more about our TRS-related advocacy and find additional resources at PayTheBillTX.org.


The one bill that the 86th Legislature must pass in order to avoid a special session – the state’s budget bill – is making further progress. Members of the House and Senate have voted to send HB 1 to a conference committee to iron out differences between the two chambers’ versions of the budget proposal.

On the House side, Appropriations Committee Chairman John Zerwas will co-chair the conference committee joined by Reps. Greg Bonnen, Sarah Davis, Oscar Longoria, and Armando Walle. Senate conferees, which noticeably included no Democratic senators, are Senate Finance Committee Chairwoman Jane Nelson plus Sens. Joan Huffman, Lois Kolkhorst, Larry Taylor, and Robert Nichols. The HB 1 conference committee has planned its first meeting for Tuesday, April 23.

Also sent to a conference committee was the legislature’s supplemental appropriations bill for the current biennium, SB 500. That bill’s conference committee is similarly  co-chaired by Sen. Nelson and Rep. Zerwas. The other conference committee members for SB 500 are Sens. Huffman, Kolkhorst, Taylor, and Chuy Hinojosa, along with Reps. Giovanni Capriglione, Mary Gonzalez, Rick Miller, and Toni Rose.

In late night hearing, House Public Education Committee talks about bullying, leftover food, and more

On Wednesday, April 17, 2019, the House Public Education Committee heard bills on a variety of topics including the donation of excess food at school, virtual schools, workplace bullying of teachers, and even the Ten Commandments.

ATPE supported several bills by registering in favor of the following:

  • House Bill (HB) 414 (Flynn, R-Van) would create the Teacher’s Protection Act, which includes a defense against prosecutions for actions taken in an educator’s self-defense.
  • HB 1394 (Bohac, R-Houston) aims to protect teachers from being sanctioned by the State Board for Educator Certification (SBEC) for their reasonable use of force against a student.
  • HB 3220 (Allison, R-San Antonio) would add licensed specialists in school psychology (LSSPs) to the definition of mental health professional and allow them to be eligible for loan repayment assistance in certain circumstances.
  • HB 3403 (Cortez, D-San Antonio) would require school district employment policies to include anti-bullying measures for educators, including provisions to address parents who bully teachers.
  • HB 3638 (Patterson, R-Frisco) would lift certain mandates on schools as identified by the Lieutenant Governor’s mandate relief working group in which ATPE participated last year.
  • HB 3696 (Bell, K., R-Forney) would add the number (rather than percentage) of students who complete a practicum or internship approved by the State Board of Education (SBOE) and students who complete a coherent sequence of career and technical education (CTE) courses as measures within the student achievement domain of the state’s accountability system.
  • HB 3882 (Wilson, R-Marble Falls) would transfer rulemaking authority from the Commissioner of Education to the University Interscholastic League (UIL) for extracurricular activity safety training programs. This is also one portion of the main mandate relief bill referenced above.
  • HB 3906 (Huberty, R-Kingwood) would change references to “reading” to say “language arts” in multiple sections of the law and eliminate the grade 4 and 7 writing test, but add writing to the annual language arts tests. This bill also includes provisions of Rep. Gary VanDeaver’s (R-New Boston) writing portfolio assessment pilot legislation and allows assessments to be administered in multiple parts over more than one day.
  • HB 3963 (Allen, D-Houston) would allow schools to elect to donate extra food to a nonprofit and includes related food safety precautions.
  • HB 4095 (Beckley, D-Carrollton) would require school boards to adopt a policy on custodian workloads.
  • HB 4096 (Beckley, D-Carrollton) would require the Texas Education Agency (TEA) to study recommended standards for school district facility maintenance and custodial services.
  • House Concurrent Resolution (HCR) 134 (Dutton, D-Houston) would designate the second Tuesday in October as Legislators in Schools Day, an opportunity for lawmakers to visit  a classroom in their districts.

ATPE submitted written testimony against HB 1921 by Rep. Jared Patterson (R-Frisco). This bill would remove the cap on funding for full-time virtual schools by eliminating a provision that states funding is limited to programs that were operating on January 1, 2013. This provision was a key addition to the virtual school program law because it ensured that full-time virtual school programs, would neither be completely shut down nor be allowed to replicate until more data was collected on their efficacy. Since that legislation was passed, a growing body of evidence has shown that virtual schools are a poor substitute for traditional, brick-and-mortar classrooms. Therefore, ATPE opposes further expansion of virtual schools as contemplated by this bill. Read our written testimony against HB 1921 here.

The following bills were also heard by the committee on Wednesday:

  • HB 307 (Flynn, R-Van): States that school boards cannot prohibit the posting of the Ten Commandments in classrooms.
  • HB 875 (Allen, D-Houston): Would require that superintendents annually report on student restraints, complaints filed against students, citations issued to students, and student arrests. The data would be made available to the public by TEA.
  • HB 1017 (Martinez, D-Weslaco): Would require schools with 50% or more of students eligible for free or reduced price lunch to donate food to a nonprofit to be distributed to students at the campus.
  • HB 1416 (Lucio III, D-Brownsville): Would require TEA to adopt uniform general conditions for school building construction contracts.
  • HB 2002 (Leach, R-Plano): Would require that districts report their total expenses related to administering required assessments.
  • HB 2183 (Allen, D-Houston): Would require schools to report to TEA and in the Public Education Information Management System (PEIMS) on students who are released to their parents before the end of the instructional day. Parents would have access to the report.
  • HB 2609 (King, K., R-Canadian): Would allow school districts to assign ESL teachers to bilingual education programs if they have a shortage of bilingual education teachers. The committee substitute for the bill allows the bilingual education allotment to be used for teacher salaries and for certifying bilingual teachers in the district.
  • HB 2691 (VanDeaver, R-New Boston): Would require providers of online services used for a school purpose to use unique identifiers that masks student information.
  • HB 2797 (Hinojosa, D-Austin): Enables specialized support campuses or those that only serve students in special education to be considered separately for accountability purposes.
  • HB 3000 (Talarico, D-Round Rock): Would require schools to notify TEA and give written notice to parents if there is a data breach in the district involving students’ information. TEA would maintain a public database of such breaches.
  • HB 3132 (Allen, D-Houston): Would require that staff development for teachers who provide reading instruction in grades K-3 include training in effective instructional practices and the use of validated instructional methods.
  • HB 3146 (Meza, D-Irving): Would require schools to offer students a vegan breakfast and lunch option.
  • HB 3204 (Sanford, R-McKinney): Would prohibit the governing board or commissioners court from including more than one project in any proposition submitted to authorize the issuance of bonds.
  • HB 3467 (King, K., R-Canadian): Would change how School Land Board (SLB) cash is handled to try to increase the ability of the SLB and SBOE to make returns to public education. There have been recent concerns with money that the SLB and SBOE manage and invest, which ultimately makes its way into public schools.
  • HB 3630 (Meyer, R-Dallas): Would prohibit school district employees from engaging in  dangerous techniques for student discipline, which disproportionately impact students with disabilities.
  • HB 3820 (Sherman, D-DeSoto): Would require (at state cost) school districts to administer one of the ACT or SAT to certain students who have taken the Algebra I or English I or II end-of-course exam (EOC).
  • HB 3846 (Capriglione, R-Southlake): Would require the SBOE to develop “mini-courses” on topics such as personal financial literacy, computer coding, and cybersecurity, which districts could use after assessments are administered.
  • HB 3884 (Wilson, R-Marble Falls): Transfers duties for providing bacterial meningitis information from TEA to the Department of State Health Services.
  • HB 3141 (Swanson, R-Spring): Would prohibit a school district from having certain business interests in real estate; arts, entertainment, and recreation; or accommodation and food services.
  • HB 4454 (Rodriguez, D-Austin): Would require the SBOE to adopt developmentally appropriate standards for social and emotional learning and require school districts to use the standards in  appropriate educational programs.
  • HB 4626 (Swanson, R-Spring): Would make the Harris County Department of Education subject to sunset review.

The House Public Education Committee will meet next Tuesday, April 23, at 8 am. See the agenda here, which includes a bill to make children of educators eligible for prekindergarten and a bill to ensure that public school counselors’ time is spent on core counseling duties. The committee is also expected to meet briefly on Thursday, April 18, merely for voting on pending bills.

House Public Education Committee hears bills on civics, bullying, virtual schools, and more

On Tuesday, April 16, 2019, the House Public Education Committee heard bills on topics including civics education, the virtual school network, mandate relief, and accountability.

ATPE supported several bills by registering in favor of the following:

  • House Bill (HB) 2642 (Allison, R-San Antonio) would require the Commissioner of Education to adopt rules requiring school districts and charters to annually report Public Education Information Management System (PEIMS) data on bullying and cyberbullying incidents.
  • HB 3008 (Talarico, D-Round Rock) would create a civic education project fund consisting of grants, gifts, donations, or money that is appropriated, credited, or transferred at the discretion of the legislature. The fund would be used for professional development and for providing public school students in grades four and above who are economically disadvantaged a chance to complete a civic education project.
  • HB 3133 (Allen, D-Houston) would allow school district employees to use their personal leave for compensation on school holidays. Rep. Allen expressed that this bill is intended to help hourly employees stretch their paychecks over unpaid holidays.
  • HB 3521 (VanDeaver, R-New Boston): Part of a mandate relief package to eliminate outdated or redundant statutes, this bill would improve teacher retention data by using PEIMS rather than TRS data, makes technical changes to federal references regarding students who are homeless, and creates a uniform definition of homeless children and youth. The bill also removes a reporting requirement on the administration of epi-pens; includes language on notice of charter campus establishment; and strikes a June 1 deadline for instructional materials. The bill repeals TEA’s online clearinghouse of best practices, recognition of high school completion and success and college readiness programs, and energy-efficient light bulbs in instructional facilities requirements. Rep. VanDeaver stated that he may amend the bill to make its charter notification language stronger.
  • HB 3712 (Bucy, D-Austin) would require the State Board of Education (SBOE) to adopt rules requiring a high school student to be provided at least once with practical information about the process of voting in public elections.

ATPE provided written neutral testimony on HB 496 by Rep. Barbara Gervin-Hawkins (D-San Antonio). ATPE supports provisions in HB 496 that would help ensure student safety through a bleeding kit program in public schools. However, we are concerned with language in the bill affecting an employee’s civil liability immunity. Read ATPE’s written testimony here.

ATPE also provided written testimony against HB 429 by Rep. Matt Shaheen (R-Plano). The bill includes provisions that would expand virtual school programs. The bill would increase the cost and inefficiency of the public education system by allowing for expanded and duplicative virtual instruction. Furthermore, data show that students enrolled in full-time virtual schools regularly under-perform their peers enrolled in traditional classroom settings. Read ATPE’s written testimony here.

The following bills were also heard by the committee on Tuesday:

  • HB 580 (Thierry, D-Houston) outlines the ability of school districts to contract with and reimburse private employers providing career and technical education (CTE) paid internships to students using CTE funds.
  • HB 662 (King, K., R-Canadian) would prohibit the state from recovering money that was incorrectly delivered to schools in certain circumstances.
  • HB 997 (Collier, D-Fort Worth) would require most school districts and charters to conduct and publicly report on lead contamination testing every five years.
  • HB 2013 (Gervin-Hawkins, D-San Antonio) would allow implementation of a Commissioner or agency rule on accountability to be delayed until the second school year after its adoption.
  • HB 2019 (Geren, R-Fort Worth) would require school districts to send written notice to parents with a link to the sex offender database.
  • HB 2572 (Patterson, R-Frisco) would create a pilot program for Districts of Innovation (DOIs) to use portfolio assessment for students in 8th grade social studies and high-school U.S. History.
  • HB 2818 (Lucio III, D-Brownsville) would remove certain statutory requirements for online dropout recovery program.  Rep. Lucio said that his bill would improve HB 3706 from the 85th Legislative Session and restore legislative intent.
  • HB 2879 (Raney, R-Bryan) would create a competitive grant program largely for medical providers to promote early literacy.
  • HB 2881 (Bernal, D-San Antonio) would add another option under last session’s SB 1882 for campuses labelled as “improvement required” by infusing new resources into the campus so that it may be designated a “resource campus.” Components of the program would include re-application of teachers to work at the campus; a 300:1 student-to-counselor ratio; assignment of an effective principal; social-emotional learning; restorative discipline; class-size limits; and an accountability pause.
  • HB 3009 (Talarico, D-Round Rock) would require TEA to advise school districts on civics training materials and resources for educators and add civics to the social studies description in the foundation curriculum. The bill would also require TEKS for civics instruction once in grades 4-8 and as part of at least one high school course. The bill would direct the SBOE as to what must be included as part of civics education and require school districts and charters who implement this curriculum to develop a project-based civics education course.
  • HB 3053 (Gervin-Hawkins, D-San Antonio) would require school districts to adopt a “healthy and safe school water plan” that includes periodic lead testing and reducing exposure to lead in school water.
  • HB 3141 (Guillen, D-Rio Grande City) would require that the Commissioner administer the state (Virtual School Network) VSN in coordination with its administering authority and shift all costs for evaluation and approval to the administering authority. A committee substitute for the bill moves the authority from TEA to the University of Texas at Austin High School.
  • HB 3387 (Anchia, D-Dallas): This bill for Dallas County would abolish the dissolution committee established to abolish county boards of education or boards of county school trustees and transfer all duties and obligations of the committee to the commissioners court of the county.
  • HB 3628 (Goodwin, D-Austin) would require the State Board for Educator Certification (SBEC) to establish a special education certification.
  • HB 3818 (Lozano, D-Kingsville) would create a work-based learning task force to develop strategies for expanding and delivering youth or adult apprenticeships or internships that provide paid work experience and corresponding classroom instruction.
  • HB 3836 (Bell, K., R-Forney) would require rather than allow school districts to consider using open educational resources.
  • HB 4270 (Wu, D-Houston) would allow a municipal management district to provide public education facilities as part of the long list of improvement projects or services they can provide.
  • HB 4342 (Clardy, R-Nacogdoches) 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 4480 (Meza, D-Irving) would require the commissioner to establish a task force to study the utility, efficacy, and feasibility of art therapy to improve the mental health of students in public and higher education.
  • HJR 112 (King, T., R-Uvalde) would allow Webb County to enter into an agreement with the school districts for which the county holds lands in trust.

On Wednesday, April 17, the House Public Education Committee will meet again to hear bills after the House chamber meets. The committee will also vote out several bills, so stay tuned!

Senate committee advances campus turnaround proposal, hears variety of bills

Senate Education Committee meeting, April 16, 2019.

The Senate Education Committee met Tuesday, April 16, 2019. The committee postponed until April 23 a hearing scheduled for Tuesday on House Bill (HB) 3, the major school finance reform bill that the House passed last month. For more on HB 3 and the Senate committee’s anticipated hearing of the bill next week, please see this related post on our blog. Instead of hearing HB 3 today, the committee took testimony on a number of unrelated items and approved several pending bills.

The committee heard testimony Tuesday on SB 784 by Sen. Bryan Hughes (R-Mineola), 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.

Other bills heard included the following:

SB 722 by Sen. Campbell states that “the board of trustees may not make a severance payment to a superintendent in an amount greater than one year’s salary under the superintendent’s terminated contract.” Sen. Kirk Watson (D-Austin) suggested including charter schools in the bill, and Sen. Campbell indicated she would be willing to work together on such an amendment.

SB 725 by Sen. Eddie Lucio, Jr. (D-Brownsville) would remove the Brownsville ISD bracket on an existing low-income pre-K pilot program and expand it to any students who are “educationally disadvantaged” in a district operating an early high school graduation program. Sen. Lucio explained the bill would allow a district to take money saved by a student who graduates in three years instead of four and use it to fund two additional full-day pre-K students.

SB 740 by Sen. Hughes would create a “Texas Public Finance Authority” empowered to loan money to districts no larger than 1,600 students in average daily attendance (ADA).

SB 968 by Sen. Kelly Hancock (R-North Richland Hills) 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.

SB 1133 by Sen. Paul Bettencourt (R-Houston) states that a school district may not have a business interest in an entity or own real property associated with real estate and rental and leasing; arts, entertainment, and recreation; or accommodation and food services — in other words, a water park.

SB 1182 by Sen. Campbell, 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. Watson raised questions over how this would cut locally-elected officials out of the loop and whether it would remove discretion.

SB 1454 by Chairman Larry Taylor (R-Friendswood) would create a mechanism through which TEA could elect to transfer the remaining funds of a defunct charter to another charter holder.

SB 2117 by Sen. Bettencourt, would allow districts that have been granted program charters by their board and have contracted with a charter to jointly operate a campus and receive district-charter funding under last session’s SB 1882.

SB 2285 by Sen. Pat Fallon (R-Prosper) would require the TEA committee 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.

SB 2293 by Sen. Fallon would make charters subject to the provision of Chapter 617, Government Code, prohibiting collective bargaining and strikes. ATPE supports this bill to create parity between the laws pertaining to charter schools and those that already apply to traditional public schools.

SB 2266 by Sen. Royce West (D-Dallas) would give the TEA commissioner authority to consider local charter school saturation in deciding whether to reject an application for a new charter or a charter expansion. ATPE supports this bill.

The Senate Education Committee also voted to approve the following pending bills during Tuesday evening’s hearing:

  • SB 1412 would allow a school at risk of closure to execute an accelerated campus excellence turnaround plan, which includes paying high performing teachers a premium to work at the struggling campus. The bill includes ongoing support and a three-year commitment from participating teachers, 80 percent of which would be required to come from the top quartile in terms of demonstrating student growth. ATPE submitted neutral testimony that focused on eliminating a vendor contracting requirement from the bill and clarifying that districts may not be required to base their hiring decisions upon test performance of students taught by the educators.
  • SB 351 would include completion of a coherent sequence of career and technology courses to the indicators of achievement under the public school accountability system.
  • SB 426 would ensure that school counselors spend no less than 80 percent of their time on actual counseling, as opposed to unrelated work, such as monitoring tests. ATPE supports this bill. Sens. Donna Campbell (R-New Braunfels) and Bob Hall (R-Edgewood) voted against the bill.
  • SB 686 would require a personal financial literacy course for high school graduation.
  • SB 712 lists types of behavioral interventions that are prohibited for use with students who receive special education services. This includes such actions as electric shock, suffocation, etc.
  • SB 723 would require a school district to post the superintendent’s annual compensation on its Internet website. Sen. Beverly Powell (D-Burleson) voted against the bill.
  • SB 1297 would require uniform general conditions for school district building construction contracts.
  • SB 1390 would add physical health, mental health, and suicide prevention to the foundation curriculum. The bill includes corresponding guidance to the State Board of Education (SBOE) and school health advisory committees (SHAC) to include risk factors such as alcohol.
  • SB 1746 would add previous incarceration of a student or the student’s parent or guardian to the list of factors qualifying a student as being at risk of dropping out.
  • SB 2075 would move some rulemaking authority from SBOE to the Texas Education Agency (TEA) related to dyslexia screenings, specifically to monitor and develop remedial strategies.
  • SB 2135 would require information shared by law enforcement with a superintendent on student offenses to include whether it is necessary to conduct a threat assessment or prepare a safety plan related to the student.
  • SB 2282 would add mental health to the menu of services that may be provided by a school-based health center. ATPE supports this bill.

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.

 


House Public Education Committee hears 38 bills on charters, assessment, and discipline

On Tuesday, April 9, 2019, the House Public Education Committee heard 38 bills, which were overwhelmingly related to charter schools. A few bills regarding accountability, assessment, and student discipline were also heard. The vast majority of charter schools bills focused on raising the transparency and accountability of charters and on creating parity between traditional districts and charters.

ATPE registered support for the following bills:

  • House Bill (HB) 43 (Hinojosa, et al., D-Austin): Would add “discipline history” to the list of prohibited factors a charter can take into account when accepting students and removes the ability of charters to exclude students with documented history of criminal offense, juvenile court adjudication, or discipline problems. Does allow charters with at least 75% students who are 18 years or older to provide for these exclusions.
  • HB 139 (González, M., D-Clint): Would require charters to provide notice of an expansion amendment to open a new campus just as is required for entirely new charters. The notice must be provided no later than 18 months before the campus opens and include geographic specificity.
  • HB 228 (Krause, R-Fort Worth): Would create new eligibility standards for districts to become a District of Innovation (DOI), including academic performance eligibility and financial eligibility, as determined by the commissioner. Requires that the DOI plan establish performance objectives for the district.
  • HB 570 (Capriglione, R-Southlake): Would require the governing bodies of charter holders and charter schools to hold each open meeting in the geographic area in which the charter served and to be broadcast over the Internet (these changes were made in a committee substitute).
  • HB 636 (White, R-Hillister): Applies to the disclosure of interested parties involved in contracts that require a vote by the governing body of the governmental entities or have a value of at least $1 million. Would include open-enrollment charters as governmental entities, just as public school districts are.
  • HB 1730 (Davis, Y., D-Dallas): Would require that new and expanded charter campuses be more than one mile from another open-enrollment charter campus, unless the other campus has been operating at maximum student enrollment described by their charter for at least the two preceding school years.
  • HB 1853 (Pacheco, D-San Antonio): Would require charters to hire certified educators and protect educator rights, including for principals.
  • HB 1981 (Cole, D-Austin): Would expand notification requirements to apply to charter expansion amendments and would require the notice to identify the closest public school campus to the charter.
  • HB 2487 (Dutton, D-Houston): Would make charters subject to the provision of Government Code chapter 617 regarding collective bargaining and strikes.
  • HB 2510 (Hinojosa, et al., D-Austin): Would require that charters post their code of conduct on their website and require it to include suspension policies. Requires that charter policies and procedures for suspension and expulsion comply with Chapter 37 of the Texas Education Code and that suspensions not exceed three days.
  • HB 2621 (Bailes, R-Shepherd): Would create a common admission application form for charters and requires the commissioner to manage a waiting list. Each charter would be required to report to the commissioner information on enrollment and waiting list numbers. Would also require the commissioner to identify which charters are corporate affiliates or substantially related charters holders and aggregate this information, to be posted online with the aggregated enrollment and waiting list numbers reported from the charters.
  • HB 2760 (Allison, R-San Antonio): States that districts can submit a statement to the commissioner regarding the impact a new charter school or charter expansion will have on the district. The commissioner would be required to issue an impact report on the charter application that includes information related to how the charter will affect the community, educational availability and duplication, financial burden on district, cost to state, and the written statement aforementioned. The impact report will be made public on the TEA website and provided to the charter or applicant and the others who are to receive the currently required notice.
  • HB 2776 (Allison, R-San Antonio): Would require charters to prepare and submit to TEA an “informed choice report” that includes academic information, demographic information, their calendar, information on transportation and meals, information on extracurriculars and academic course offerings, parental requirements, rights, and responsibilities, teacher statistics including salary, number on the waiting list, admission criteria, discipline policies, rates of disciplinary action, if the school uses an online program, number of school counselors and nurses, and if students have access to a library.
  • HB 2824 (VanDeaver, R-New Boston): Would extend Rep. VanDeaver’s writing pilot from the 84th session (HB 1164) through 2022-2023. This writing portfolio assessment tests the feasibility of replacing the current 26-line essay requirement. Would require the agency to develop methods to determine the validity of the scoring process. Rep. VanDeaver said that there were 30,000 students participating in Spring of 2018, and only 5-6 staff members in charge of the pilot at TEA.
  • HB 2964 (Davis, Y., D-Dallas): Would prohibit the employment of those who have engaged in misconduct that presents a risk to students, as documented by either a school district or the State Board for Educator Certification.
  • HB 2983 (Huberty, R-Humble): Would reduce the number of state-administered assessments for students who have already demonstrated mastery in certain subjects, potentially reducing tests from 17 to 10.
  • HB 2987 (Ramos, D-Richardson): Would require charters to post for each governing board member their biographical information, business interests, if they are elected or appointed, and the length of their service.
  • HB 3013 (Talarico, et al., D-Round Rock): States that charters are subject to the law regarding the suspension of students and restricts the reasons charters can expel students only to Section 37.007 of the Texas Education Code.
  • HB 3069 (González, M., et al., D-Clint): Would require the commissioner to establish a professional development grant program to encourage teachers to obtain computer science certification and continue professional development in coding, computational thinking, and computer science education.
  • HB 3263 (Allen, D-Houston): Would protect charter school employees under the Whistleblower Act, just as school district employees are.
  • HB 3877 (Ramos, D-Richardson): Would require charter schools to post their financial statements through a clearly identifiable link that appears in a prominent place on their home page.
  • HB 4242 (Bernal, et al., D-San Antonio): Would require that state assessments be evaluated by an independent group of qualified educators with Texas teaching experience for readability. Requires the commissioner to hold a public hearing before determining the readability of the assessments and requires that the readability be released for each questions and passage along with the questions and answer keys (at the appropriate time). Requires the State Board of Education to review assessment instruments and places a one-year pause on accountability and testing until unless the readability standards are met. Requires the commissioner to request a federal waiver if standards are not met.

ATPE submitted  written, neutral testimony on Chairman Dan Huberty’s (R-Humble) HB 3904. HB 3904, in general, is a “clean-up” bill for last session’s HB 22, and aims to clarify and specify the law to match the original intent of the policy. The bill clarifies the treatment of dual credit as an accountability measure and adds in complete coherent industry certification course sequences, students who participate in extracurriculars, and ninth graders who are on track to graduate with their cohort. For K-8, the bill adds indicators accounting for students who participate in full-day pre-K, students who participate in math and literacy academies, and students who participate in extracurriculars. Importantly, the bill limits the domain performance ratings to be no more than 50% reliant on test scores. For the student achievement domain, 40% would be attributed assessments, 20% from high school graduation, and 40% from CCMR. The bill also makes changes to accountability for dropout recovery schools. Individual graduation committees are also continued in this bill.

ATPE did not support the provision in the original bill that allowed the commissioner to order reconstitution of a below-standard campus and implement “strategic staffing”, which was largely based on test performance-based measures of teachers. The Chairman has changed the bill in a committee substitute to eliminate this provision, which is great!

The following bills were also heard in committee:

  • HB 769 (Davis, S., et al., R-West University Place): Would require the board of trustees to receive approval from the commissioner for any severance payment to a superintendent who has been terminated based on malfeasance. Further requires that Foundation School Program funds may not be used to pay the severance and that no severance may be paid to a superintendent who has completed less than 51% of their contract. The committee substitute for the bill clarifies the definition of malfeasance and removes retroactive reporting.
  • HB 1003 (Collier, D-Fort Worth): Would create an admission preference for students who reside in the attendance zone of the school district within which the charter is located. Allows for a separate lottery for these students.
  • HB 1301 (Davis, S., R-West University Place): Would require school districts with enrollment of 10,000 or more to publish monthly web reports on board minutes, plans, and objectives, and quarterly reports on academic achievement and district finances. This bill is aimed at only affecting Houston ISD.
  • HB 2190 (Hunter, R-Corpus Christi): This bill only applies to a charter with an enrollment greater than 200 located in a county with less than 400,000 that contains a municipality of least 300,000 (aimed specifically at a Corpus Christi area school). Allows the charter to admit a child of a school employee. Testimony on the bill was positive and Hunter said that he would entertain the bill being statewide. Chairman Huberty said they could change the bill to impact the entire state as an amendment on the House floor.
  • HB 2406 (Geren, R-Fort Worth): States that a charter may not spend public funds for political advertising or for communications describing measures that are false or could influence voters. Brings parity to charters, as school districts are already subject to this law.
  • HB 2488 (Dutton, D-Houston): States that if a charter school has 5,000 or more students in average daily attendance, it is considered to be a state agency for purposes of Chapter 2161 of the Government Code regarding Historically Underutilized Business (HUB). Just as school districts do, charters would have to comply with provisions regarding HUBs, which would include a commitment to increasing contracting opportunities with these businesses.
  • HB 2991 (Talarico, D-Round Rock): Would require, rather than allow, districts and charters to develop and implement a positive behavior and restorative justice program. Through the program, the district or school can provide an alternative to suspension. Creates, in Chapter 37 of the Texas Education Code, a restorative justice coordinating council to assist the agency and school districts in developing restorative justice programs and training.
  • HB 3012 (Talarico, et al., D-Round Rock): 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), and that at least one option should not require the use of the internet. The committee substitute for this bill reduces this requirement to only apply to core courses and states that the instruction doesn’t have to be in-person.
  • HB 3155 (Deshotel, D-Beaumont): Would require municipalities to regard charters as school districts for purposes of zoning, permitting, code compliance, and development. Also applies land development standards to charters. Would prohibit municipalities, counties, or political subdivisions from enacting or enforcing an ordinance that prohibits a charter school from operation.
  • HB 3219 (Allison, R-San Antonio): Would allow campus behavior coordinators to create behavior contracts for students who violate the code of conduct and require their parent to sign the contract as a condition of not taking immediate action against the student.
  • HB 3322 (Burns, R-Cleburne): Would require school districts to post who is responsible for discipline on their website. According to testimony, the bill arose out of a town hall by Senator Kolkhorst.
  • HB 3398 (Johnson, Jarvis, D-Houston): Would require the TEA committee responsible for reviewing accountability appeals to review the challenges by school districts or charters. Requires 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.
  • HB 3861 (Bohac, R-Houston): Would allow districts who have been granted program charters by their board and who have contracted with a charter to jointly operate the campus and receive district-charter funding under last session’s SB 1882. Rep. Bohac said that this would only affect Spring Branch ISD and Aldine ISD in the Houston area, as these districts already have such program charters.
  • HB 3941 (Deshotel, D-Beaumont): Would require TEA to develop a process for providers to apply for the authority to operate an online adult high school diploma from for eligible students. Student must reside in Texas, be 19 or older, have been unable to satisfy high school graduation requirements at the normal time, have been unable to meet the graduation requirements of any other program, and meet any other requirements as set out by the commissioner.
  • HB 4209 (Davis, Y., D-Dallas): Would require that charter governing board members are elected and that their terms do not exceed four years. Parents of students enrolled would be able to vote. Rep. Davis said that the bill will be revised.

The Committee will meet again this Thursday for a formal meeting just to vote out bills that have been heard by the Committee so far. Chairman Huberty stated at the end of the hearing that most of the controversial bills have been heard now, but that nearly 600 bills have been referred to them. There are still several weeks of session to go and many more important bill topics to cover! Stay tuned.

House Public Education Committee hears bills on home-schooler UIL participation, health and safety, and more

On Thursday, April 4, 2019, the House Public Education Committee met to hear bills on several topics, including home-schooled students’ participation in UIL, student health, protected speech, and the available school fund.

ATPE supported several of the bills on yesterday’s committee agenda:

  • House Bill (HB) 348 (Nevárez, et al., D-Eagle Pass): Would allow school districts to provide increased compensation to a teacher who completes an autism training provided by a regional education service center. This bill was not actually heard by the committee yesterday due to a last-minute change.
  • HB 1602 (Hernandez, D-Houston): States that a school district may not begin instruction before 8 am and calls for appropriating over $755 million to the Texas Education Agency (TEA) for the purpose of offsetting the additional transportation costs associated with the bill. Rep. Hernandez said that 34% of Texas schools start in the 7 am hour, and some students wait in the dark for the bus as early as 5:45 am. A student testified for the bill, saying it would help her get more sleep and receive less disciplinary action. ATPE member Yen Rabe also testified in support as one of several witnesses who cited increased safety and student well-being if the school day were to start later.
  • HB 2738 (Meyer, R-Dallas): Would expand educator misconduct provisions adopted through SB 7 from the 2017 legislative session to also include non-certified employees, such as those who may work in charter schools and Districts of Innovation. The bill would require TEA to create a “do-not-hire” registry of these non-certified persons.

ATPE registered in opposition to HB 1324 by Rep. James Frank (R-Wichita Falls), which would require public schools participating in UIL activities to provide home-schooled students who meet certain eligibility requirements with the opportunity to participate in the activity. Districts would likely incur costs from this mandate, and HB 1324 does not ensure that home-schooled students would be subject to the same requirements and thus on a level playing field with their public school peers. Testimony on this bill was split between those who had concerns about implementation, costs to public schools, and increased government oversight, and those who wanted to be able to participate in UIL activities, especially sports. Read ATPE’s written testimony against the bill here.

The following bills were also heard by the committee yesterday:

  • HB 873 (Allen, D-Houston): Would require the admission, review, and dismissal (ARD) committee to review students’ behavior intervention plans (BIPs) at least annually for those who have a BIP as part of their individualized education plan (IEP). This bill also requires changes to the student code of conduct, including parent notification about the student’s BIP or if the student needs a BIP when violations of the code occur, and it changes law around the use of restraints and time-outs, requiring detailed notification to parents. Lastly, the bill requires that if a school district takes disciplinary action against a student with disabilities that results in a change in placement, the district must conduct a behavioral assessment and develop or revise the student’s BIP.
  • HB 1131 (Cole, et al., D-Austin): 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 could also borrow money from the new authority.
  • HB 1906 (Burns, R-Cleburne): Would allow a parent of a student with severe cognitive disabilities to request that the child be exempted from required assessments. The ARD committee would make further determinations on whether the student should be exempted and what the best assessment instrument for the child would be. Special education advocates testified about concerns with making sure someone is still held accountable for growth and progress of these students, and argued that assessments should be fixed rather than removing students from taking assessments altogether.
  • HB 2097 (Krause, et al., R-Fort Worth): This bill would allow only Arlington ISD to withdraw from TRS-ActiveCare under a pilot project. Representatives of the school district testified that healthcare costs for its employees under TRS are too high, but members of the committee were cautious and indicated there should be more study on statewide impact before allowing one district to have special treatment.
  • HB 2244 (González, M., D-Clint): Would define what is protected speech and require school districts to adopt a policy establishing rules regarding students’ right to exercise freedom of the press at school. Testimony supporting the bill included remarks from students, teachers, a professor, and a lawyer.
  • HB 2393 (Burrows, R-Lubbock): Would require the State Board of Education (SBOE) and the Texas Parks and Wildlife Department (TPWD) to develop a hunter education course for students in grades 7-12 that a school district can use as a part of its physical education curriculum. Rep. Burrows stated that there are barriers to children being able to take hunter education and that many violations have been committed by hunters, presumably as a result of lack of education.
  • HB 2555 (Parker, R-Flower Mound): 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.
  • HB 2689 (Dean, et al., R-Longview): Would require each school superintendent to designate a cybersecurity coordinator to serve as a liaison between the district and TEA. Rep. Dean stated that student data, such as social security numbers, are particularly valuable and in need of protection.
  • HB 2739 (Meyer, et al., R-Dallas): Would require private school administrators to report misconduct by educators they employ to the State Board for Educator Certification (SBEC) and allow them to obtain information from SBEC any reports the board has about prior misconduct or criminal histories of such individuals.
  • HB 2740 (Meyer, et al., R-Dallas): Would require the Department of Family and Protective Services to release information regarding child abuse and neglect investigations and allegations to private schools, as it does for public schools.
  • HB 3683 (Dutton, D-Houston): Would allow the commissioner to authorize a charter or campus program to provide a dropout recovery program for grades 9-12, at which 50% of the enrollment must be students who are age 17 or older. Eligible students would include those who have dropped out or been in a disciplinary alternative education setting, as well as homeless students, working students, asylees and refugees, or at parent request. Charter school advocates testified that the bill would improve student retention and completion.
  • HB 4205 (Craddick, R-Midland): Would allow repurposed campuses to be operated in partnership with certain nonprofits that have a successful record of operating a campus or charter. Former Speaker Craddick stated that a school slated for closure has only two options (close the campus or appoint a board of managers), and his bill offers a third option by allowing non-profit charters to partner with the school district to reopen the school. TEA General Counsel Von Byer said the campus would still have to be closed and repurposed, and that the repurposed campus would have to serve a majority of new students and offer a distinctly different academic program.
  • HB 4613 (Shaheen, R-Plano): Would allow parents to request an exemption from state and federal testing requirements for special education students, potentially through a federal waiver. Special education advocates testified with concerns on meeting federal reporting requirements and having accountability for all students, including those with disabilities.
  • HB 4611 (Huberty, R-Humble) and its related House Joint Resolution (HJR) 151 (Huberty, R-Humble): Would propose a constitutional amendment to allow the General Land Office’s (GLO) School Land Board to transfer up to $600 million to the available school fund. The current allowable contribution is only $300 million. Testimony from both the GLO and from Dr. Keven Ellis of the SBOE was neutral, focused on finding avenues to increase funds to the available school fund.

The following pending bills heard during prior meetings were voted favorably from committee on Thursday: HB 851, HB 1026, HB 1517, HB 1639, HB 1640, HB 1823, HB 2511, HB 2984, HB 3007, HB 3217, HB 3323, HB 3435, HB 3966, HCR 59, HB 843, HB 1160, HB 1276, HB 1632, HB 2030, HB 2184, HB 4310, and HB 2210.

The House Public Education Committee will meet again on Tuesday, April 9, 2019, to hear a variety of bills, mostly pertaining to charter schools.

House Public Education Committee hears bills on pre-K, tech apps, educator prep, data transparency, and more

On Tuesday, April 2, 2019, the House Public Education Committee heard several bills related to a variety of topics.

ATPE registered positions in support of three of the bills heard in committee:

  • House Bill (HB) 1517 (Coleman, D-Houston): Would require schools, including charters, to notify parents if they do not have a full-time nurse for 30 or more consecutive instructional days. The bill excludes schools that enroll fewer than 10,000 students.
  • HB 2030 (Turner, John, D-Dallas): Would allow eligible three-year-olds enrolled in pre-K to continue their eligibility the next school year, which helps parents avoid intensive paperwork of re-registration and reduces the administrative burden on districts.
  • HB 2184 (Allen, D-Houston): 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.

The following bills were also heard by the committee:

  • HB 963 (Bell, C., R-Magnolia): 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 1468 (Talarico, D-Round Rock): Would create a “public school mental health task force” to determine the effectiveness of school counseling programs and ways to improve school climate and report that data to the Texas Education Agency (TEA).
  • HB 2984 (Allison, R-San Antonio): Would require the State Board of Education (SBOE) to add essential knowledge and skills (TEKS) to the technology applications curriculum related to coding, computer programming, computational thinking, and cybersecurity. One witness noted that the TEKS are set to be revised in 2021 regardless.
  • HB 3007 (Turner, Chris, D-Grand Prairie) Would require TEA to provide districts all source data that was used in computing their accountability ratings. Rep. Turner stated that districts are not given access to all the data used to determine their A-F accountability ratings and that his bill gives districts the opportunity to view the data during the appeals process. Witnesses representing Arlington ISD, who requested the bill, testified that their college, career, and military readiness data was missing information on 206 students.
  • HB 3217 (Ashby, R-Lufkin): Would reauthorize institutions of higher education to offer a bachelor’s degree in education and eliminate the 18-semester-hour cap on the number of education courses allowed for a degree. One witness testified against the bill, stating that Texas needs subject matter specialists and that content hours should not be decreased. The Texas Association of Colleges for Teacher Education spoke to the importance of pedagogy and testified that students would not experience longer degrees as a result of the bill.
  • HB 3323 (Burns, R-Cleburne): Would require a school district to post employment policy documents on its website.
  • HB 3435 (Bowers, D-Garland): Would establish March 1 as Texas Girls in STEM Day.
  • HB 3966 (Raymond, D-Laredo:  Would require the governor to designate Holocaust Remembrance Week in public schools.
  • HB 3710 (Bell, K., R-Forney): Would require TEA to develop free, electronic tutorials for end-of-course assessments at an estimated cost of $3/student.
  • HB 4310 (Dutton, D-Houston): 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 4487 (Frullo, R-Lubbock): States that students sent to the campus behavior coordinator are not considered to have been removed from the classroom for purposes of reporting in the Public Education Information Management System (PEIMS).
  • HCR 59 (Guillen, D-Rio Grande City): Would designate the second week of November as School Psychologist Appreciation Week.

The House Public Education Committee will meet again on Thursday, April 4, to hear bills on UIL and student health, and again on Tuesday, April 9, to hear bills related to charter schools. In news from the full House, Chairman Huberty’s school finance and tax reform bill, House Bill 3, will be up for debate in the House chamber on Wednesday, April 3. Follow @TeachtheVote and your ATPE lobbyists (@ATPE_AndreaC, @ATPE_MontyE, @ATPE_JenniferM, and @markwigginstx) on Twitter for updates on the action!

House Public Education Committee hears bills and testimony on assessment

On Tuesday, March 6, 2019, the House Public Education Committee heard six bills related to testing and the State of Texas Assessments of Academic Readiness (STAAR).

The committee began by hearing seven panels of invited testimony from superintendents and other district leaders, teachers, Texas Education Agency (TEA) staff, and parents. Their comments generally centered around the reliability of STAAR testing in light of recent articles reporting that reading tests are written at a grade level above that of the students being tested (Texas Monthly, The New York Times, Washington Post, Houston Chronicle). Many issues arose during the rich discussion, including the misalignment between the Texas Essential Knowledge and Skills (TEKS) curriculum standards and how the TEKS are tested; the misalignment of expectations between TEA and school districts; the negative impact of testing on students; and the flawed public narrative that inaccurate tests create.

The first panel was composed of superintendents from Alief ISD, Northside ISD, San Marcos ISD, and Granger ISD. The general sentiment among the panelists was that the state should have assessments with appropriately rigorous standards, but make sure they are valid, fair, meaningful, and timely. Additionally, witnesses testified that the tests should undergo rigorous review and field-testing. The danger lies in misalignment between the expectations of test and the expectations of standards, as well as misalignment with other assessments and what teachers know about tests. This results in the STAAR tests creating an inaccurate narrative and in students giving up on their passions.

The second panel included Texas Education Commissioner Mike Morath, who stated that the STAAR tests were meant to predict post-secondary outcomes. Morath emphasized that National Assessment of Educational Progress (NAEP) outcomes have remained flat or declined over the past decade, and he defended the reliability of the STAAR tests. He did admit that the Texas student population has increased significantly over time and grown progressively poorer. Appearing with Morath were three reading experts, one of whom was from the organization that developed lexile scores, Meta-Metrics. Dr. Sanford-Moore of Meta-Metrics explained that lexiles are based on a computer algorithm and measure language structure based on the number of ideas in a sentence and the vocabulary used.

Reps. Gary VanDeaver (R-New Boston), Morgan Meyer (R-Highland Park), and Mary Gonzalez (D- Clint) all made compelling points about the tests. VanDeaver stated, “These are children and not machines. What happens when we reach that level that goes beyond challenging and becomes frustrating and the child shuts down?” Similarly, Meyer shared a story of his fourth-grade daughter, who cried on the way to school the day of the STAAR test and came home defeated. Meyer said, “You call it challenge, I call it frustration.” Gonzalez reiterated her previous comment that it is imperative for the public purpose of the tests to be clear.

This led to a flurry of discussion, bouncing from issue to issue within the educational system, including the A-F accountability grading system; expectations for teachers and district leadership to understand the STAAR test; the use of tests for grade promotion and teacher evaluations; teacher and student stress; curriculum; professional development; and educator preparation. Overall, the range of topics that arose seemed to point to a disconnect between the agency’s expectation of teachers, districts, and students, and the practices and understandings of school districts.

At the four-hour mark of the hearing, the testimony of the third through seventh panels proceeded much more quickly. Another panel of superintendents from Comal ISD, Wylie ISD, and Frisco ISD testified that they used multiple interim assessments and instructional quality improvements to perform well on the STAAR. Additionally, Dr. Mike Waldrip of Frisco ISD said that the timing of the STAAR test at the end of the year wasn’t particularly useful for making preparations for the next year. A fourth panel composed of district leaders in literacy and learning expressed a key takeaway: that there is a disconnect between the reading level of instruction using the TEKS versus the reading level of assessment. The fifth panel, composed of teachers and an interventionist, was deemed the best panel of the day by Rep. Dr. Alma Allen (D-Houston), a long-time member of the committee who is also an educator. Notably affecting the committee members, one of the panelists announced that the time elapsed in the hearing was about the same amount of time students sit for a STAAR test. This panel also spoke to the needs of students and teachers in having the appropriate tools to provide relevant and effective instruction so that students can succeed on state tests. The sixth and seventh panels, which included other district leaders, parents, and stakeholders echoed much of the sentiments in of the previous panels, such as the negative impact of testing on students.

After nearly six hours of testimony from the invited panelists, who provided invaluable insights on the reliability, validity, and usefulness of testing to the state’s educational system, the committee turned its attention to hearing the bills posted on the agenda.

ATPE Lobbyist Andrea Chevalier testifies in the House Public Education Committee, March 5, 2019.

ATPE Lobbyist Andrea Chevalier testified neutrally on House Bill (HB) 671 by Rep. Ken King (R-Canadian). HB 671 would eliminate end-of-course (EOC) examinations and replace them with a school district’s choice of  either the TSI or a nationally recognized, norm-referenced assessment such as ACT or SAT, to be administered in grade 11. Under the bill, the commissioner would contract with a vendor to administer the assessment. HB 671 also mandates that each district require students to attend a preparation course to succeed on the test and defines college readiness. Chevalier expressed that while ATPE supports the reduction in mandated state tests, we want to ensure that any test used to replace the STAAR is both appropriate as an input into the state accountability system and provides the appropriate accommodations for students receiving special education services, students under a 504 plan, and English language learners.

ATPE registered positions in support of the following bills:

  • HB 525 (Tinderholt, R-Arlington): Would limit the required assessments to just mathematics, reading, and science (eliminating writing, social studies, English II, and US History tests)
  • HB 851 (Huberty, R- Kingwood): Would eliminate the September 1, 2019 expiration date of the law authorizing Individual Graduation Committees (IGCs)
  • HB 1480 (VanDeaver, R- New Boston): Would create an accelerated learning committee (ALC) for students who do not perform satisfactorily on third, fifth, or eighth grade reading or math assessments. Also would allow accelerated instruction to be provided to the student in the following year. The ALC would develop an educational plan for the student, provide assistance to student, and perform additional duties if the student doesn’t meet the standard for a second time after accelerated instruction. HB 1480 would also eliminate the requirement that assessments are used for promotion. The bill would eliminate social studies and US History assessments and require the commissioner to gather input from districts on an assessment schedule that minimizes disruption and maximizes instruction time.

Other bills heard in committee were:

  • HB 843 (Springer, R-Gainesville): Would allow for the inclusion of optional post-secondary readiness assessments in Algebra II and English III in the accountability system under the student achievement domain
  • HB 1244  (Ashby, R- Lufkin): Would eliminate the US History EOC and create an electronic civics test as a requirement for graduation, which would contain all questions on the U.S. Citizenship test in a multiple-choice format.

The House Public Education Committee plans to meet again next week. On Tuesday, March 12, the committee will to hear Chairman Huberty’s comprehensive school finance reform bill, HB 3, filed earlier this week. Chairman Huberty also said he expects HB 3 to reach the House floor by the first week of April. Over half the members of the Texas House have already signed on as co-authors for HB 3. The committee also expects to meet next Wednesday to hear other bills. Stay tuned to Teach the Vote and follow us on Twitter for updates.

House Public Education Committee hears first bills of the 86th session

Today, the House Public Education Committee heard the first education bills of the session. The bills spanned topics including prekindergarten class sizes, educator preparation and training, assessment, and special education. ATPE supported several bills on the agenda, including these:

  • House Bill (HB) 55 (Gonzalez, D-Clint) Limit prekindergarten class-size and class size ratios to align with high-quality standards.
  • HB 108 (Gonzalez, D-Clint) Create a digital portfolio assessment pilot program.
  • HB 109 (Martinez, D-Weslaco) Allow charter schools to have a holiday on Memorial Day.
  • HB 111 (Gonzalez, D-Clint) Create educator training requirements on recognizing the abuse and maltreatment of students with severe cognitive disabilities.
  • HB 116 (Gonzalez, D-Clint) Improve educator preparation and training to better prepare teachers to serve students with disabilities.
  • HB 120 (Gonzalez, D-Clint) Add an extra year of delay to testing for recent immigrants who are learning English.
  • HB 165 (Bernal, D-San Antonio) Increase equity and the ability of special education students to receive high school endorsements.

ATPE Lobbyist Andrea Chevalier testifying before the House Public Education Committee, Feb. 19, 2019

In addition to the bills above, ATPE’s newest lobbyist, Andrea Chevalier, testified in support of HB 102 by Rep. Diego Bernal (D-San Antonio). The bill would improve and fund mentoring programs for teachers. As noted in our testimony, the ability of school districts to access additional funding to pay mentor teachers is a great way of providing differentiated pay that rewards the service and expertise of experienced teachers. Additionally, mentor programs have been shown to improve the effectiveness of beginning teachers, as well as teacher retention.

Other bills on the agenda today, for which ATPE did not take a position, included the following:

  • HB 65 (Johnson, E., D-Dallas)- Would require districts to report information on out-of-school suspensions.
  • HB 128 (Hinojosa, D-Austin)- Would require that districts send the results of student physical assessment to parents.
  • HB 134 (Swanson, R-Spring)- Limits bond elections so that only one project or category of projects can be included within each proposition.
  • HB 187 (Reynolds, D-Missouri City)- Alters the composition of the Fort Bend ISD School Board so that one member is at-large and the rest of the members are elected from single-member districts.