Tag Archives: alternative education programs

Senate interim charges include investigating educators’ political activity

Lt. Gov. Dan Patrick (R-Texas) released interim charges for state senators late Wednesday. The Senate interim charges for the 86th Texas Legislature include language mirroring that used to justify a pair of bills this past session that were aimed at discouraging educators from being politically active.

After every legislative session, the Senate and House each release their own set of interim charges. Individual charges are assigned to each legislative committee and represent those legislators’ “homework” before returning to Austin for the next session. The idea is that members of each committee will study those charges, conduct hearings during the interim, and return the following legislative session prepared to file bills on those topics. The charges also typically include directions to monitor the implementation of bills recently passed into law and recommend any adjustments that may need to be made during the next legislative session.

The 2019 Senate interim charges include studying educator recruitment, preparation, and retention; a review of disciplinary alternative education programs (DAEP); studying the Texas Education Agency’s (TEA) corrective action plan for special education; a review of how investments are made by the Teacher Retirement System (TRS) and the Permanent School Fund (PSF); monitoring school districts’ implementation of the increases to teacher compensation ordered under House Bill (HB) 3; and investigating advocacy by local communities and public schools misleadingly characterized as “taxpayer lobbying.”

Of particular note is a charge directing the Senate State Affairs Committee to “ensure compliance with laws that prohibit school trustees and employees from improperly using public funds to advocate for or against any candidate, measure, or political party.” While ATPE fully agrees that public funds should not be used for electioneering, unfounded accusations targeting educators were used during the 2019 legislative session to justify a pair of bills aimed at chilling educators’ political speech. It is particularly worth noting that these accusations were leveled by officials who have taken positions opposed to public education in the past and were made following a 2018 election cycle in which the public education community was acknowledged to have played a major role in electing pro-public education candidates.

Senate Bill (SB) 1569 by Sen. Pat Fallon (R-Prosper) would have dramatically expanded the legal definition of electioneering solely as it applies to educators. It would have subjected educators to criminal penalties for violating “political advertising” laws if they engage in the act of discussing anything of a political nature on school property, regardless of whether that conversation occurred in private, between friends, or off the clock. A similar bill, SB 904 by state Sen. Bryan Hughes (R-Mineola) would have imposed cumbersome restrictions on e-mail signups and public WiFi systems. You can read more about those bills here and here. Notably, Sen. Hughes has recently been appointed by Lt. Gov. Patrick as the new chairman of the State Affairs Committee that will conduct this investigation during the interim and would likely hear any such bills filed next session.

The following list includes excerpts from the 2019 Senate interim charges that may be of interest to educators. The charges are broken up by committee, each of which is listed in bold. You can read the full list of all interim charges released on Wednesday here.

Senate Committee on Criminal Justice

Crimes Against Students with Disabilities: Examine whether current laws are effectively protecting students with disabilities. Make recommendations to improve student safety, while also protecting educators’ abilities to maintain order and safety for everyone in the classroom.

Senate Education Committee

Teacher Workforce: Examine best practice models to recruit, prepare, and retain highly effective teachers. Review teacher professional development, continuing education, and training for teachers, and recommend improved training methods to improve student academic outcomes.

Alternative Education Students: Study current local, state, and national policies and programs for alternative education student populations. Make recommendations to strengthen existing programs and encourage the development of new innovative models.

Adult Education: Identify and evaluate current innovative programs that assist non-traditional students (first-time adult learners, re-enrolling students, working adults, and educationally disadvantaged students) in completing a high school diploma, GED, post-secondary degree, or workforce credential, including a review of adult education charter schools and their performance framework. Make recommendations to help successful expansion with partnered business and education entities.

Disciplinary Alternative Education Programs: Review disciplinary alternative education programs, including lengths of placement, quality of instruction, and the physical conditions of these facilities. Make recommendations to support and promote the academic success of these programs and enhance the ability of public schools to meet the needs of these students through innovative school models.

Digital Learning: Assess the Texas Virtual School Network and recommend model legislation that improves digital learning for students, families, and educators in a 21st Century classroom.

Special Education Services: Evaluate ongoing strategies to continuously improve special education services for students in public schools including, but not limited, to the Texas Education Agency’s corrective action plan.

Monitoring: Monitor the implementation of legislation addressed by the Senate Committee on Education passed by the 86th Legislature, as well as relevant agencies and programs under the committee’s jurisdiction. Specifically, make recommendations for any legislation needed to improve, enhance, or complete implementation of the following: Senate Bill 11, relating to policies, procedures, and measures for school safety and mental health promotion in public schools and the creation of the Texas Child Mental Health Care Consortium; House Bill 3, relating to public school finance and public education; and House Bill 3906, relating to the assessment of public school students, including the development and administration of assessment instruments, and technology permitted for use by students.

Senate Finance Committee

Investment of State Funds: Review the investment strategies and performance of funds invested through the Teacher Retirement System, the Permanent School Fund, and university funds. Make recommendations to better coordinate and leverage Texas’ purchasing power to maximize investment income to the state.

Monitoring: Monitor the implementation of legislation addressed by the Senate Committee on Finance passed by the 86th Legislature, as well as relevant agencies and programs under the committee’s jurisdiction. Specifically, make recommendations for any legislation needed to improve, enhance, or complete implementation of the following: Senate Bill 12, relating to the contributions to and benefits under the Teacher Retirement System; …House Bill 4388, relating to the management of the permanent school fund by the School Land Board and the State Board of Education and a study regarding distributions from the permanent school fund to the available school fund; House Bill 4611, relating to certain distributions to the available school fund; …District implementation of increases in teacher compensation provided by the 86th Legislature; and Efficiencies in state-funded health care programs that reduce or contain costs and improve quality of care. Assess the quality and performance of health plans that contract with the state, including contract compliance, financial performance and stability, quality metrics, and consumer surveys, among other indicators. Monitor the implementation of Health and Human Services Commission Rider 19 and Article IX, Section 10.06.

Senate State Affairs Committee

Elections: Study the integrity and security of voter registration rolls, voting machines, and voter qualification procedures to reduce election fraud in Texas. Specifically, study and make recommendations to: 1) ensure counties are accurately verifying voter eligibility after voter registration; 2) improve training requirements for mail-in ballot signature verification committees; 3) ensure every voter has access to a polling station, particularly in counties that have adopted countywide polling; 4) allow the voter registrar, county clerk, and Secretary of State to suspend an unqualified voter’s registration or remove an ineligible voter from a list of registered voters; and 5) ensure compliance with laws that prohibit school trustees and employees from improperly using public funds to advocate for or against any candidate, measure, or political party.

Taxpayer Lobbying: Study how governmental entities use public funds for political lobbying purposes. Examine what types of governmental entities use public funds for lobbying purposes. Make recommendations to protect taxpayers from paying for lobbyists who may not represent the taxpayers’ interests.

New School Year, New Laws: Student Discipline

As you re-enter the school building this year, it will be important to know how the more than 80 bills passed during the recent Texas legislative session will impact you and your students. Besides the obvious – the high-profile House Bill (HB) 3 by Rep. Dan Huberty (R-Kingwood) offering many schools and educators additional funding and a potential salary bump – there were a number of other bills passed in 2019 that will affect areas such as student discipline, charter schools, safety, and testing.

ATPE’s lobbyists will be here on Teach the Vote blogging about major bills in these areas every Monday over the next few weeks as part of our “New School Year, New Laws” series. This week, we will discuss changes you will see in your school due to new discipline-related legislation.

Senate Bill (SB) 2432: Student behavior towards teachers

SB 2432 by Sen. Larry Taylor (R-Friendswood) allows for students who harass teachers to be removed to a Disciplinary Alternative Education Program (DAEP). Harassment is defined in Section 42.07 of the Texas Penal Code in several ways, each with an overall intent to harass, annoy, alarm, abuse, torment, or embarrass another. This bill takes effect on Sept. 1, 2019.

SB 712/HB 3630: Prohibiting aversive techniques on students

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

HB 692: Suspension of students who are homeless

HB 692 by Rep. James White (R-Hillister) prohibits a school district or charter school from placing a student who is homeless in out-of-school suspension, with certain exceptions for serious offenses. The bill allows the campus behavior coordinator to work with the district’s homeless liaison to help identify alternatives to out-of-school suspension for students who are homeless. This bill was also effective immediately upon passage.

HB 811: Discipline of students who are homeless

HB 811, also by Rep. White (R-Hillister), requires a school district board of trustees to include in their code of conduct certain provisions relative to students who may be homeless. Specifically, when determining student suspension, expulsion, or removal to a DAEP or Juvenile Justice Alternative Education Program (JJAEP), consideration shall be given to whether a student is in the conservatorship of the Department of Family and Protective Services (DFPS) or is homeless. This bill was effective immediately upon passage.

It is important for educators to know how this legislation will impact their rights as educators, their classroom practice, and their students’ rights. Please see the recently released To The Administrator Addressed correspondence from the Texas Education Agency (TEA) for more legislative changes affecting student discipline.


Be sure to watch for a new Teach the Vote blog post next week on more changes coming to your school as a result of the 2019 Texas legislative session.

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!