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New School Year, New Laws: Compensation Update

Welcome to our final blog post in ATPE’s “New School Year, New Laws” blog series for Teach the Vote. In last week’s post, we summarized new laws that will impact charter schools. This week, we will investigate how the changes to funding and compensation in House Bill (HB) 3 are being implemented in several school districts across the state.

HB 3 by Rep. Dan Huberty (R-Kingwood), the major school finance bill passed earlier this year, included some important provisions aimed at increasing compensation for many educators. More specifically, lawmakers required that school districts use 30% of their increase in funding under the bill to increase compensation for full-time district employees, excluding administrators. Of that dollar amount, 75% must be spent on compensation for full-time, certified teachers, librarians, nurses, and counselors. The other 25% can be used to improve compensation for other full-time employees. HB 3 also specifies that there should be a prioritization for teachers, librarians, nurses, and counselors with more than five years of experience, but the bill largely leaves this open for interpretation at the local level.

The combination of differences in how much additional funding each district gets and the flexibility districts have to create unique compensation packages makes it very important for us to gain a “lay of the land” in our current post-HB 3 environment. In this post we have summarized what some districts are doing by gathering news articles and information from district websites. The charts below break down some of dollar figures and percentages by which the districts shown are increasing educator compensation as a result of HB 3.


Lubbock-Cooper ISD, Region 17:

Up to 5 yrs. of exp. (teachers) 5.68%, avg.
6-25 yrs. of exp. (teachers) 8.71%, avg.
All other employees 3%
Beginning teacher salary Increased to $40,000

With a 2018-19 average teaching salary of just over $45,000, we estimate that the LCISD’s average pay raise of 8.08% is about $3,640.


Klein ISD, Region 4:

Up to 5 yrs. of exp. (teachers, counselors, librarians, and nurses) 5.25% ($4,950)
6+ yrs. of exp. (teachers, counselors, librarians, and nurses) 5.5% ($5,050)
All other employees 4%
Beginning teacher salary Increased from $52,600 to $55,500
Healthcare $300 one-time payment for eligible, full-time employees who are returning

Klein ISD will also provide a retention incentive to teachers, counselors, librarians, and nurses who were employed in the district on May 31 of the previous year and are returning. This incentive is in the form of a one-time payment of $1,500. All other previously employed full-time employees who are returning to the district will receive $1,000. The district has built in similar retention and healthcare payments at reduced rates for those who work less than full-time.


Clear Creek ISD, Region 4:

Up to 4 yrs. of exp. (teachers, counselors, librarians, and nurses) 4%
5+ yrs. of exp. (teachers, counselors, librarians and nurses) 4.25%
All other employees 3.50%
Beginning teacher salary Increased from $53,600 to $55,750
Healthcare (TRS-Active) Increase district contribution by $10/month
Bus drivers Increase wage from $16.83/hr to $19/hr

Clear Creek is also implementing an “honors teacher experience” program, in which teachers who reach milestones such as 5, 10, 15, etc. years of experience can receive additional compensation of up to $2,800. This could result in a total pay raise of 9.49% for some teachers. The district is also adding staff, especially in special education and is implementing safety and security upgrades.


San Marcos CISD, Region 13:

Up to 5 yrs. of exp. (teachers, counselors, librarians and nurses) 3% ($1,562)
6+ yrs. of exp. (teachers, counselors, librarians and nurses) 4% ($2,113)
All other employees 6%
Administrators 3% ($2,113)
Beginning teacher salary Increased to $49,662

Fort Worth ISD, Region 11: 

Up to 5 yrs. of exp. (teachers) 5.8%, avg.
6-15 yrs. of exp. (teachers) 6.9%, avg.
15+ yrs. of exp. (teachers) 6.1%, avg
Counselors, nurses, librarians 5%
All other full-time 3%
Administrators Greater of 3% or 3% of midpoint
Beginning teacher salary Increased from $53,000 to $54,000

What does it all mean?

There are over 1,000 school districts in Texas, each with varied funding under HB 3. In some cases, the bill may have even provided districts with the same or less funding if not for a hold harmless provision in the bill (which expires after the 2023-24 school year). Considering this and the fact that each district also has different needs and economic factors affecting compensation, the implementation of raises is going to be varied all over Texas. Among the districts we read about, teacher salaries were raised from 3% to 9.5%. To keep up with inflation, basic yearly pay raises in other professions typically hover around 3%. We know from district salary schedules, such as this one from Leander ISD, that typical step increases are closer to 1%. With this in mind, the impact of HB 3 in some districts may have been that teachers simply got the standard raise necessary to keep up with the cost of living.

What’s next? Stay engaged!

It is important to note that there have been reports of districts that have under-calculated what they would receive in HB 3 funding, which impacts the amount they are required to spend on compensation. Additionally, some districts have relied almost exclusively on one-time stipends, which are less stable and do not necessarily count toward compensation for purposes of TRS or the amount an educator will receive for their retirement pension. ATPE is working with state officials to solve these issues so that districts comply with HB 3’s efforts to increase educator compensation.

Across the sources we gathered, it seems that district leaders are happy to have the raise but still think that there are further improvements to be made. Clear Creek ISD Deputy Superintendent Paul McLarty wants to see more from the state, like getting closer to a 50-50 split between local and state funding. Klein ISD Superintendent Dr. Jenny McGown remarks that the state is still ranked 41st in the nation in spending. Lubbock-Cooper ISD Superintendent Keith Bryant says that he would like to eventually be able to provide teachers with a competitive wage.

ATPE agrees with these sentiments and urges educators to return to the polls during the 2020 primary and general elections when voters will have a chance to decide who will represent them in the next legislative session. The raises for educators and public education funding increases that resulted from the 2019 legislative session are a direct result of educators’ votes in the 2018 elections. Stay connected and engaged by following Teach the Vote, ATPE, and ATPE lobbyists on Twitter using the handles @OfficialATPE, @TeachTheVote, @ATPE_JenniferM, @ATPE_AndreaC, @MarkWigginsTX, and @ATPE_MontyE.


Thank you for joining us on Teach the Vote to learn about how new laws enacted in the 86th Texas legislative session will impact you. ATPE created this series because we believe it is vitally important for educators to make sure they know and understand the laws that govern their profession and affect their classrooms. For more information on new laws impacting public education in Texas, be sure to check out ATPE’s comprehensive report, “Know the Law: An Educator’s Guide to Changes Enacted by the 86th Texas Legislature,” created by the experienced staff of ATPE’s Member Legal Services department.

Learn what’s on the ballot for the Nov. 2019 election 

What’s this constitutional election buzz all about anyway?

You’ve probably been hearing about the importance of voting in the upcoming constitutional amendment election on Nov. 5, 2019. After all, it’s not every day that Texas voters have an opportunity to revise the Texas Constitution. This year, the 86th Texas Legislature passed 10 joint resolutions that propose amendments to the constitution and require voter approval. Every Texan who is registered to vote has the right to decide whether those 10 amendments become part of the state’s constitution. But only those who actually exercise that right to vote will get to determine whether the amendments become the law of the land or simply fade away.

Before you head to the polls with family and friends, do your homework and take a minute to learn about all 10 proposed amendments. We will cover two of the proposed amendments with direct correlation to public education here. Proposition 4 (HJR 38) impacts the potential for future establishment of a state income tax, and Proposition 7 (HJR 151) increases the amount the General Land Office can distribute from the Permanent School Fund to the Available School Fund each year from $300 million to $600 million.

Proposition 4 (HJR 38) as it will appear on the ballot reads as follows: “The constitutional amendment prohibiting the imposition of an individual income tax, including a tax on an individual’s share of partnership and unincorporated association income.”

Here’s what that really means:

Texas Proposition 4 modifies the current constitutional restrictions against legislative imposition of a state income tax. The state of Texas is widely known for not imposing a state income tax. The current state constitution in Article Vlll, sections 1(c) and 24, prohibits legislators from creating an income tax unless there is a statewide vote to approve such a tax. While polling suggests that it is unlikely that Texas voters would agree to an income tax, should that change, the current constitution also mandates how the revenue from any such income tax would have to be spent: two-thirds of the income tax revenue would go toward property tax reduction, while one-third of the income tax revenue would be spent on public education. This year’s Proposition 4 is designed to make it even less likely that Texans would ever pay a state income tax by repealing the current constitutional language referring to the statewide referendum and replacing it with language that simply prohibits the imposition of an “individual income tax” at the state level. The functional effect of this change is not to make it absolutely impossible for there to be an income tax in Texas in the future, but rather to increase the legislative votes necessary to overturn such a prohibition. Two-thirds of the legislature would have to agree to letting voters decide whether or not to add a state income tax in the future if this proposition passes in November.

A vote “for” Proposition 4 would mean that you agree with the proposition to change the current language in the constitution restricting a state income tax. A vote “against” Proposition 4 means that you prefer the current language in the constitution that prohibits a state income tax unless legislators vote to allow statewide voters to reject or approve the proposed tax, which would be used to fund property tax reduction and public education.

Proposition 7 (HJR 151) as it will appear on the ballot states as follows: “The constitutional amendment allowing increased distributions to the available school fund.”

Here’s what that really means:

Proposition 7 would potentially affect the source, but not necessarily the amount, of state education spending by allowing for larger distributions from the Permanent School Fund (PSF). The PSF is an endowment established under Section 2, Article Vll, of the Texas Constitution for the financial support of public schools in Texas. Management of the fund is divided between the State Board of Education (SBOE), which oversees managing the fund’s financial investment portfolio, and the General Land Office, which through the School Land Board manages the fund’s land or real estate investments. Currently a portion of the PSF is transferred to the Available School Fund (ASF) each year to be used to purchase instructional materials for students and provide additional funding for public education. The remainder of the PSF is held for future use. Proposition 7 seeks to increase the amount of state funding for public schools being paid out of the ASF by increasing the permissible amount of the annual distribution from the PSF to the ASF from $300 million to $600 million.

This increase alone would not result in an increase in overall public education funding. Without additional statutory changes, Proposition 7 would simply reduce the amount of funding the legislature would be required to spend from other funding sources to meet the state’s obligation to fund public education. However, as we reported here on Teach the Vote over the summer, it is not clear how significantly Proposition 7, if approved by voters, might reduce the state’s need to tap into general revenue to support public schools in future legislative sessions.

Does ATPE have a position on these two proposed constitutional amendments?

No. As stated in the ATPE Legislative Program approved each year by our House of Delegates, ATPE supports a public education funding system that is equitable and adequate to provide every student an equal opportunity to receive an exemplary public education. ATPE also supports any form of state revenue enhancement and tax restructuring that accomplishes this goal. However, ATPE does not have an official legislative position specifically on banning/supporting an income tax; nor do we have an official legislative position relating to the percentage of public education funding that comes from the PSF or ASF.

What else is on the ballot?

Proposed constitutional amendments for the Nov. 2019 election in Texas

Click here to view the ballot language for all 10 of the proposed constitutional amendments along with analysis from the Texas Legislative Council. Also, our friends at the nonpartisan League of Women Voters of Texas (LWVTX) have put together a Constitutional Amendment Election Voters Guide that explains all the amendments and shares pro and con arguments along with a short video for each proposed amendment at the bottom of the page. It’s an easy-to-understand resource that ATPE encourages you to check out before you vote.

Special elections:

If you happen to live in one of three Texas House districts, you’ll also have a chance during the Nov. 2019 election to choose a new state representative. Three state representatives have resigned from their seats, necessitating special elections in those districts. The winner of each special election will serve out the remainder of the current term until Jan. 2021. Barring a special session being called by the governor, it is unlikely that those elected through November’s special election will have a chance to vote on any bills, but the winners of those special elections will be able to claim incumbent status next year, often deemed an advantage for anyone who decides to run for the same office in the regular election cycle that will take place in 2020.

These special elections for legislative seats will be taking place in House districts 28,100, and 148. In what the Texas Tribune has described as “the most closely watched race” this fall, ATPE’s lobby team has profiled the candidates seeking the House seat in district 28, which you can read here.

Other local ballot measures will vary throughout the state depending where you live. Voters can visit Vote411.org to view and print out a sample ballot showing exactly what will you will be voting on in your area.

Early voting runs from Oct. 21 through Nov. 1, and election day is Nov. 5, 2019.

Teach the Vote’s Week in Review: Oct. 11, 2019

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


ELECTION UPDATE: ATPE Lobbyist Mark Wiggins has been tracking the latest election-related announcements and news for Teach the Vote. This week, read about recent news of planned departures from the State Board of Education next year, plus a look at the election coming up on Nov. 5. Check out our latest election roundup here. Also, be sure to follow our Teach the Vote blog next week when we’ll posting everything you need to know about voting in the constitutional amendment election.


We have been reporting on the special committees formed this year to examine issues related to school safety and preventing mass violence. A series of meetings are planned around the state during the interim to hear testimony from experts and the public and generate recommendations for the Texas Legislature to address in 2021. One such committee, the Texas House Select Committee on Mass Violence Prevention and Community Safety met Thursday, Oct. 12, 2019, in Farmer’s Branch.

The 13-member committee was formed earlier this year after the deadly mass shootings in El Paso and Odessa. The committee levied criticism at several major tech companies Thursday for failing to work with law enforcement in a timely and efficient manner in order to stop potential threats of mass violence. Facebook, Google, Twitter, Amazon, and Microsoft were invited to testify, but only Facebook sent a representative. Lawmakers pressed Facebook over how quickly it is able to respond to requests for information from law enforcement, and were frustrated by the company’s inability to give a specific response. You can read a full report on Thursday’s meeting courtesy of the Dallas Morning News. The House committee is scheduled to meet again next Thursday in Odessa.


FEDERAL UPDATE: ATPE is continuing its work in Washington, DC, spearheaded by our longtime federal lobbyist, David Pore, to advocate for Social Security reform that will help Texas educators earn fair and predictable retirement benefits. In this Congress, two bills have been filed to repeal and replace the Windfall Elimination Provision (WEP), which reduces the Social Security benefits earned by many ATPE members and other public employees. Pore spoke about the bills earlier this week during a panel presentation on advocacy moderated by ATPE Governmental Relations Director Jennifer Mitchell as part of the annual meeting of the national Coalition of Independent Educator Associations.

As we first reported on Teach the Vote back in July, Rep. Kevin Brady (R–The Woodlands, Texas) has filed H.R. 3934, the “Equal Treatment of Public Servants Act” (ETPSA), which is an updated version of similar legislation he previously filed in an attempt to fix the WEP. Rep. Richard Neal (D–Springfield, Mass.) followed suit at the end of September, filing H.R. 4540, the “Public Servants Protection and Fairness Act” (PSPFA). Both bills would replace the WEP with a more predictable, proportional formula for calculating Social Security benefit payments of future retirees, and provide a monthly stipend for those workers over the age of 60 who are already retired and eligible for Social Security.

This week, ATPE issued a press release in support of both bills and urged Congress to take action on the issue. It is unclear if or when the WEP legislation might be heard this year, particularly in light of the congressional focus having shifted recently and almost exclusively toward the prospect of impeachment proceedings. Still, ATPE is thankful for the bipartisan effort being made to address the WEP. We especially appreciate the longtime work of both Congressmen Neal and Brady on this front, and their willingness to involve stakeholders like ATPE in the development of the bills. Congressman Neal chairs the U.S. House Committee on Ways and Means in which the bills would be heard, while Congressman Brady is the ranking member on the committee and its former chair.

Stay tuned to Teach the Vote for updates on our federal lobbying efforts. As a reminder, ATPE members can also use our communication tools on Advocacy Central to call or write to their representatives in Washington asking for their support of the ETPSA and PSPFA. (ATPE member login is required to access Advocacy Central.)


This week, the ATPE lobby team continued its “New School Year, New Laws” blog series with a report on how the laws enacted during the 86th Texas legislative session will impact educators’ pension and benefits. Chief among the changes enacted this year was Senate Bill 12, which will make the Teacher Retirement System (TRS) actuarially sound and allowed for the issuance of a 13th check to retirees last month. Check out the latest blog post in the series by ATPE Lobbyist Andrea Chevalier and watch for another installment on Monday.

Today, the Texas Education Agency (TEA) released a new “HB 3 in 30” video on the Blended Learning Grant Program. TEA’s ongoing video series is intended to make this year’s omnibus school finance bill, House Bill (HB) 3, more digestible by breaking out key provisions and explaining them in 30 minutes or less. Visit TEA’s HB 3 in 30 video website to watch the newest video and access others in the series.

Also related to HB 3, the commissioner of education has proposed new administrative rules to implement the new “Do Not Hire Registry” required by the bill. Public comments on the proposed rule are being accepted now through Oct. 21. Learn more about the rule and how to submit your comments here.


In case you missed it earlier this week, ATPE Lobbyist Andrea Chevalier provided a comprehensive summary of the State Board for Educator Certification (SBEC) meeting held Oct. 4, 2019. One of the most interesting discussions at the meeting was about what should constitute “good cause” for educators to abandon their contracts. The board opted to defer taking any action last week to change the criteria for SBEC sanctions in those instances, but you can expect the board members to have continuing discussions on this topic in the coming months. Read more about this and all the other matters discussed by SBEC last week in this blog post.


 

Texas election roundup: Big shakeup at SBOE

Last week, outgoing State Board of Education (SBOE) chair Donna Bahorich (R-Houston) announced her plans to retire from the board. Following her announcement, a number of her Republican colleagues have also indicated plans to retire.

Donna Bahorich and Marty Rowley were photographed at a recent SBOE meeting. Both SBOE members have recently announced plans to retire from the board.

Member Marty Rowley (R-Amarillo) announced his plan to retire at the end of his current term, which expires in Jan. 2021. Rowley’s district is reliably Republican and covers much of West Texas. Past board chair Barbara Cargill (R-The Woodlands) and Member Ken Mercer (R-San Antonio) have also announced plans to retire. Mercer’s district has shifted from a majority Republican district to one that voted for Hillary Clinton in 2016. Democrat Beto O’Rourke carried Mercer’s district in 2018 with more than ten percent of the vote.

Candidates in this fall’s three special elections filed their 30-day-out campaign finance reports this week. As we expected, the House District (HD) 28 special election in Fort Bend County has drawn a significant amount of attention, where seven candidates are vying to fill the unexpired term of former Rep. John Zerwas. The lone Democrat in the race, educator Dr. Eliz Markowitz, reported raising $62,000, spending $16,000, and entering the final stretch with $38,000 cash on hand. Markowitz also received the endorsement of the pro-public education group Texas Parent PAC this week. Republican neurosurgeon Dr. Anna Allred reported raising $159,000 during the reporting period, which is more than the other five Republicans in the HD 28 race combined. Allred has also retained Republican consultant Allen Blakemore, whose top client is Lt. Gov. Dan Patrick. Allred has spent $142,000 and heads into the final stretch with $86,000 on hand.

In addition to the HD 28 special election, the Nov. 5 election will give all Texas voters the chance to vote on 10 proposed constitutional amendments. The Texas League of Women Voters has put out a comprehensive guide to the proposals, which you can view here. You can also find additional election resources at the website for the Texas Educators Vote coalition. We’ll be posting additional resources to help you prepare for the constitutional election here on ATPE’s Teach the Vote blog next week, so be sure to check it out before you head to the polls. Early voting begins Oct. 21.

Recap of the October 2019 SBEC meeting

Certification board discusses repeal of master teacher certificates, educator misconduct, and more at its October 2019 meeting.

On Friday, Oct. 4, 2019, the State Board for Educator Certification (SBEC) met to discuss several agenda items, including the repeal of Master Teacher certificates, implementation of recent educator misconduct legislation, and an update on the EdTPA pilot program.

The meeting began with recognition of the unfortunate passing of board member Dr. Rex Peebles on Sept. 23, 2019. Dr. Peebles was a long-time, trusted voice of expertise and reason in the P-20 public education system. He will be greatly missed and ATPE sends their thoughts and love to the family, friends, and colleagues of Dr. Peebles.

At Friday’s meeting, ATPE weighed in on two discussion and action items: the repeal of the Master Teacher certificate and proposed rule revisions that would expand the criteria for considering “good cause” as a mitigating factor in disciplinary cases stemming from an educator’s abandonment of their contract.

First, SBEC adopted language to implement the repeal of the Master Teacher certificates, as required by this year’s House Bill (HB) 3. Master Teacher certificate holders will be able to continue teaching under their certificate until it is no longer valid and will be considered “Legacy Master Teachers” pursuant to HB 3. ATPE submitted written testimony on this item, urging Texas Education Agency (TEA) staff and SBEC members to use their rule-making ability to ensure that affected teachers can maintain their current teaching assignments after the expiration of their Master Teacher certificates. We believe that the rigor of the Master Teacher certification process should not be ignored and are pleased that TEA has indicated they will explore options to amend rule language to alleviate the unintended consequences of this legislation.

ATPE Lobbyist Andrea Chevalier testifying before SBEC, Oct. 4, 2019

Additionally, ATPE Lobbyist Andrea Chevalier provided oral testimony in support of the board’s efforts to expand the criteria for good cause when addressing contract abandonment cases. At the board’s July 2019 work-group meeting, members discussed the need for increased flexibility in determining what constitutes good cause. This would allow the board to avoid or lessen sanctions for educators who found it necessary to abandon their contracts under unique and acceptable circumstances that are not currently covered by the existing SBEC rules. To make these changes, new language was proposed at Friday’s meeting as part of a larger agenda item that implements several educator misconduct and reporting bills from the 86th legislative session. (The 2019 bills related to this agenda item are Senate Bill (SB) 1230, SB 1476, SB 37, and HB 3.) Due to testimony on the item, the board voted to split off the contract abandonment language from the rule proposal that was before them this month in order to allow for discussion on the issue at a later time. The board expressed that they would like to try to get more certainty into the rule language and requested another work-group on broader disciplinary issues. The proposed language for this rule will be open for public comment in the Texas Register from Oct. 25 to Nov. 25, 2019.

Discussion and action items:

In order to implement three bills from the 85th legislative session (SB 1839, HB 2039, and HB 3349), the board added language for admission requirements for the Early Childhood-Grade 3 and Trade and Industrial Workforce Training: Grades 6-12 certificates. The board also amended the rule language to allow for subject-matter-only assessments to be used in lieu of current Pre-Admission Content Tests (PACTs), which test both content and pedagogy. The rationale for this change was that an individual entering an educator preparation program (EPP) would not have pedagogical expertise and therefore should not be assessed in that area.

To implement SB 1200 passed by the 86th Legislature, the board adopted revisions to their rule that would allow military spouses who are licensed in other states (and in good standing) to teach in Texas.

SBEC also took action on several items relating to EPPs. Language to improve the Accountability System for Educator Preparation Programs (ASEP) was approved, including changes that would allow EPPs to be commended for their performance. The board also adopted the new accountability manual into rule and voted to allow SBEC to require action plans for low-performing EPPs, among other items. SBEC board members also approved several EPPs to continue operating for five years. As a consequence of ASEP ratings, one program was closed on Friday. After a five-year review, the Texas Alternative Certification Program Brownsville (TACPB) was required to submit a compliance plan to TEA. The program opted to cease its operations instead, and SBEC voted to formally close The board also voted to approve Ana G. Mendez University as a new alternative certification EPP. The program will be unique in Texas, as it plans to instruct students on become educators using a dual language model.

As noted during Friday’s meeting, the board will soon begin its required four-year rule review for two sets of SBEC rules. The first review is for 19 Texas Administrative Code (TAC) Chapter 232, General Certification Provisions, which regulates certificate renewal, continuing professional development, and national criminal history record information. The second review is for 19 TAC Chapter 230, Professional Educator Preparation and Certification, which deals with procedures for issuance of certificates and permits, testing requirements and fees, and the types and classes of certificates issued by the board. Both of these chapters will be open for public comment in the Texas Register from Oct. 25 to Nov. 25, 2019.

Mark your calendars! The board also approved its meeting dates for 2020:

  • Feb. 21, 2020
  • May 1, 2020
  • July 24, 2020
  • Oct. 9, 2020
  • Dec. 11, 2020

Discussion-only items (no rule action required at this time):

The board discussed several possible future revisions to SBEC rules for professional educator preparation and certification found in 19 TAC Chapter 230. One of these changes would allow the Educational Aide I certificate to be issued as an industry-based certification. Graduating high school students who take education and training courses would be able to get the Educational Aide I certification and begin a career in education, helping to improve the teacher pipeline. Another change would reduce the number of days for computer and paper-based certification examination retakes from 45 down to 30 days. In order to comply with SB 1839 and HB 2039 passed in 2017 by the 85th Legislature, future rule revisions are expected to include prohibiting educators from gaining certification for Early Childhood: Prekindergarten-Grade 3 through the certification by exam (CBE) route. Stakeholders from the deaf and hard-of-hearing community testified at Friday’s meeting to request that the board also include the Deaf/Hard-of-Hearing EC-12 certification on the list of exams excluded from CBE. To implement HB 3, 86th Legislature, this chapter of SBEC rules will also include revisions mandating that educators who teach any grade from pre-K to 6th grade be required to pass the Science of Teaching Reading certification exam beginning Jan. 1, 2021.

Also up for discussion only was 19 TAC Chapter 228, which pertains to requirements for EPPs. The revisions being contemplated would implement this year’s HB 18, allowing educator certification candidates to obtain instruction in mental health, substance abuse, and youth suicide as part of their educational degree plan. The revisions would also prohibit an EPP that is consolidating or closing from admitting candidates if those candidates would not be able to finish the program. Additionally, new rules would require that candidates complete their internship, clinical teaching, or practicum within one program. The rule changes discussed would prohibit practicums from occurring exclusively in the summer. Revisions in this chapter would also allow for candidate placement into a program for cases in which educators must complete their clinical teaching or practicum out-of-state or out-of-country due to particular reasons (military assignment, illness, spouse transfer, etc.).

TEA staff also presented the board with data and information on formal complaints against EPPs and on deactivations of certificates being pursued through alternative and post-baccalaureate certification routes. Formal complaints that involve violations of the SBEC administrative rules require TEA staff to make sanction recommendations to the board. Certification deactivations are similar to contract abandonment cases in that they occur when an educator on an intern or probationary certificate leaves their teaching assignment before it has concluded. There are no educator or EPP sanctions for such deactivations. The board asked for more data regarding deactivations and will take this item up again at its next meeting.

TEA staff gave an update on the progress of the EdTPA pilot. EdTPA is a performance assessment that has been proposed as a replacement for the PPR exam, should the pilot program provide adequate evidence that EdTPA is a viable option. As of Sept. 1, 2019, the 27 programs participating in the pilot have completed 42 trainings, with 27 more scheduled. TEA staff indicated that most pilot programs will have their candidates submit their EdTPA portfolios in the spring of 2020. As for updated demographic data, the pilot participants are represented in 17 out of the 20 education service center regions in Texas. The actual number of participants is lower than what was originally projected (1700-1750) with about 600 reported candidates and an anticipated additional 250 candidates expected to join in the spring. TEA staff reported that there is “room to improve” with regard to African American representation among candidates. In an attempt to gain a more diverse candidate pool, TEA will open the application for Year 2 pilot participants this month. Board member Tommy Coleman requested that the board discuss at its next meeting how the EdTPA pilot and parallel T-TESS pilot (being run by university faculty) can use the same data points and collection methods.

The next SBEC meeting will be held on Dec. 9, 2019. Check back on our Teach the Vote blog after the December meeting for a summary.

Teach the Vote’s Week in Review: Oct. 4, 2019

It’s been a busy week for the ATPE Governmental Relations team. Here’s a look at our lobbyists’ latest reporting for Teach the Vote:


Today, the State Board for Educator Certification (SBEC) met in Austin to discuss several items that would implement legislation passed by the 86th legislature earlier this year. These include the repeal of the Master Teacher certificate as required by House Bill 3, regulations pertaining to educator misconduct and reporting requirements, and new rules to allow military spouses licensed in other states to teach in Texas. ATPE Lobbyist Andrea Chevalier submitted written testimony to encourage the board to explore options for Master Teacher certificate holders, so that they can maintain their current teaching assignments once their certificates expire. ATPE also testified in support of expanded criteria for considering “good cause” in determining potential sanctions against educators who abandon their contracts. Additionally, ATPE joined the board in mourning the loss of board member Dr. Rex Peebles, who passed away last week. Watch our blog here on Teach the Vote early next week for a full recap of the meeting.


ELECTION UPDATE: In this week’s election roundup post from ATPE Lobbyist Mark Wiggins, read the latest announcements on the “who, what, and where” of various contested races on the 2020 ballot, including a retirement announcement from a member of the State Board of Education. Check out the full post here. Also, don’t forget to register by Monday, Oct. 7, if you want to vote in the Nov. 5 election. Voters statewide will be considering proposed constitutional amendments that day, and a few districts have an opportunity to elect new state representatives.

On our Teach the Vote blog this week, we’re also taking a closer look at the special election for House District 28 in the western suburbs of Houston. ATPE’s Wiggins shares information about the education stances of the candidates and why the race is drawing widespread attention. Check it out here.


ATPE continues its Teach the Vote blog series, “New School Year, New Laws,” with a post this week on professional responsibilities. ATPE Lobbyist Andrea Chevalier highlights bills passed in 2019 that relate to educator misconduct and new records retention requirements that could affect educators who store school-related information on their personal cell phones or other devices. Read the latest post in the series here.


This week’s latest video from the Texas Education Agency (TEA) in its “HB 3 in 30” series offers an explanation of the state’s new teacher incentive allotment. The incentive pay plan was one of the most hotly debated aspects of the school finance bill when it moved through the legislative process earlier this year. After ATPE and other stakeholders urged the legislature to reject earlier versions of the bill that relied too heavily on student test score data in setting the criteria for merit pay, legislators struck a deal late in the session that would offer school districts more flexibility.

Parameters of the new incentive program are spelled out in Texas Education Code (TEC), Sec. 48.112, offering school districts additional funding based upon their employment of educators designated as “recognized,” “exemplary,” or “master” teachers. Lawmakers prescribed some requirements for educators to become eligible for those merit designations in TEC Sec. 21.3521. HB 3 calls for school districts that participate in the incentive program to create a “Local Optional Teacher Designation System” containing specific criteria that each district will use to award the merit designations, but the bill also authorizes the commissioner of education to establish performance standards for those local systems.

This week, TEA issued correspondence to school administrators outlining the agency’s plans for implementation of the new teacher incentive program, sharing timelines, and providing additional resources. TEA also sent school districts and open-enrollment charter schools a survey this week, which solicits information on what type of student growth measures and other criteria are being used locally for teacher appraisals. The survey results will help guide the agency’s implementation of the Local Optional Teacher Designation System, including the commissioner’s adoption of those performance standards required by HB 3.

It is important to note that the Local Optional Teacher Designation System associated with the  allotment is only “optional” in the sense that a school district does not have to choose to seek the teacher incentive funds made available under HB 3. However, any district that does pursue funding through the teacher incentive allotment in the spring of 2020 is required to develop a Local Optional Teacher Designation System. The locally-developed designation systems “must include teacher observation and the performance of a teacher’s students,” along with any additional measures that are adopted locally,” such as evidence of teacher leadership or student surveys,” as noted in the TEA correspondence this week. HB 3 specifies that the criteria for awarding a designation must allow for the mathematical possibility that all eligible teachers may earn the designation (in other words, not limiting eligibility to a fixed percentage of the district’s teachers) and that the commissioner may not require districts to use STAAR tests to evaluate their teachers’ performance for purposes of the merit pay program.


The Teacher Retirement System (TRS) will face a sunset review in the next legislative session. Under state law, the sunset review process gives the legislature an opportunity to routinely examine the work of various state agencies and determine whether they should continue to exist. TRS is a constitutionally-mandated agency, which means it is not subject to potential closure through the sunset review process, but the review allows an opportunity for the legislature to consider recommended changes to various TRS-related laws. Before the legislature weighs in on TRS next session, the state’s Sunset Advisory Commission will gather data, take testimony at public hearings, and compile a detailed written report about TRS including recommendations for possible legislative changes affecting the agency. Between now and Dec. 6, 2019, members of the public may share their feedback about TRS with the Sunset Advisory Commission’s staff as they prepare their report. Read more about the TRS sunset review here.


In case you missed it, ATPE Senior Lobbyist Monty Exter took to our Teach the Vote blog this week to share highlights from the Texas Tribune Festival. The festival that took place last weekend in Austin featured a number of high-profile speakers and panelists. Read more about some of the sessions relating to public education in this blog post.


 

ATPE attends Texas Tribune Festival

The Texas Tribune held its annual TribFest event in Austin this past Friday and Saturday, Sept. 27-28, 2019. The festival brought together state and national candidates, officeholders, policymakers, and thought leaders to discuss a range of topics, including public education, in a series of panels and one-on-one interviews over the course of the event. ATPE Lobbyist Andrea Chevalier and Senior Lobbyist Monty Exter were on hand to engage with policy makers and other key advocates while taking in the panel discussions regarding Texas public education

At the Texas Tribune Festival, Evan Smith discussed “The Future of Education” with Texas Education Commissioner Mike Morath, Texas 2036 co-founder Margaret Spellings, 2018 Texas Superintendent of the Year Dr. LaTonya Goffney, and former President of UT Brownsville Juliet Garcia.

This year’s education line-up for the festival included panels discussing how states can more effectively work with the U.S. Department of Education, reforms coming out of Dallas ISD, challenges for rural schools and the importance of solving them, school finance considerations following the passage of House Bill 3, the “Future of Education,” and four Texas teachers giving their take on Texas public education, school choice partnerships, and standardized testing.

Texas Tribune education reporter Aliyya Swaby moderated a panel made up of four Texas teachers.

Click here to access archived live-streams of the festival’s keynote addresses and many of the one-on-one interviews, including those with Texas Congressman Will Hurd, Senator Ted Cruz, and presidential candidate Beto O’Rourke.

New School Year, New Laws: Professional Responsibilities

In last week’s “New School Year, New Laws” blog post, we discussed new professional opportunities and educator support programs like mentoring that resulted from the 86th legislative session. For the latest installment in our ongoing series for ATPE, we will talk this week about other legislative changes made this year that will impact the ethical and professional responsibilities of those who work in Texas public schools.

House Bill (HB) 3 by Rep. Dan Huberty (R-Kingwood): Do not hire registry

School superintendents and principals have long had certain obligations to report to the state certain allegations of misconduct against certified educators who work in their schools. The State Board for Educator Certification (SBEC) is authorized to issue sanctions, up to and including revocation of an educator’s certificate, against individuals who hold educator certificates and are found to have committed misconduct. Similarly, SBEC may refuse to grant a certificate to an individual who does not meet state standards. However, SBEC has not had the authority or logistical means to take punitive actions against non-certified school employees in an attempt to deter similar misconduct by those individuals.

Under HB 3, school districts will now be required to report to the state misconduct allegations that arise against their non-certified employees, too. This includes allegations regarding abuse of, unlawful acts with, involvement in a romantic relationship with, or solicitation/engagement in sexual contact with a student or minor. The Texas Education Agency (TEA) now has the authority under HB 3 to investigate such reports against non-certified employees, since there previously was no body to look into cases involving these individuals who are not regulated by SBEC.

HB 3 also requires that TEA create a publicly accessible “do not hire registry” no later than Jan. 1, 2020. The registry will contain the names of individuals, both certified and non-certified, who have been deemed ineligible for hire in a public school based on their criminal history records or misconduct. Since there was no mechanism under previous law to sanction non-certified employees for misconduct, this issue became of increasing concern with growth in the number of charter schools and “Districts of Innovation” in Texas; both of those types of schools can exempt themselves from teacher certification requirements that apply to traditional public schools and may hire non-certified staff for positions that require regular interaction with students. With the update to the law under HB 3, schools throughout Texas will be required to discharge or refuse to hire anyone on the new do not hire registry.

HB 3 also expanded the criteria for designating those who are ineligible to be employed in a public school. Under previous law, a school district could not hire or was forced to discharge any employees who were required by law to register as a sex offender. Now, school districts must also do the same for those who may not be required to register as sex offenders but have committed offenses involving minors such as sexual assault, abandonment, endangerment, leaving a child in a vehicle, and indecency (as described by Title 5 of the Texas Penal Code). Additionally, the expansion of these criteria now encompasses not only those individuals who are convicted, but also those placed on deferred adjudication community service due to the offense committed.

TEA staff and SBEC are currently in the process of developing and discussing new administrative rule language to implement these provisions of HB 3. We expect these items to be discussed at the next SBEC meeting on Oct. 4, 2019, and we will be posting an update here on our Teach the Vote blog at that time.

Additionally, the Commissioner’s rules for the do-not-hire registry are open for public comment. Please see below, as posted on the TEA website:

These educator misconduct provisions of HB 3 became effective immediately with the enactment of the school finance bill.

Senate Bill (SB) 1476 by Sen. Paul Bettencourt (R-Houston): Educator misconduct investigations

SB 1476 allows public school administrators to skip out on misconduct reporting requirements for certified employees by meeting a few criteria. First, the superintendent must carry out an investigation and determine that the allegations are false. Second, this investigation and determination must occur before the educator resigns or is terminated from employment.

This bill was effective immediately upon being signed by the governor on June 14, 2019.

SB 944 by Sen. Kirk Watson (D-Austin): Public information law

SB 944 is an “open government” bill that requires that public information maintained on a privately owned device must be preserved in its original form on the device unless it is transferred to the district’s public information officer for backup. Because educators are public employees, this law will apply to any official business/school-related texts, emails, etc. stored on the educators’ personal devices, such as tablets, cell phones, and laptops. The law applies to former and current public employees, but only for information created or received on or after Sept. 1, 2019. If you keep such public information on any of your personal devices, ATPE recommends that you check with your school district for guidance on this law, including its local policies regarding how long you should archive or backup the information stored on your device.

This law took effect Sept. 1, 2019.


We encourage you to revisit Teach the Vote next week when we’ll be publishing the next “New School Year, New Laws” blog series post about pension and benefits changes that resulted from the 2019 legislative session. ATPE believes it is vitally important for educators to make sure they know and understand the laws that govern their profession and affect their classrooms. For even more information on new laws impacting public education in Texas, be sure to check out ATPE’s comprehensive report, “Know the Law: An Educator’s Guide to Changes Enacted by the 86th Texas Legislature,” created by the experienced staff of ATPE’s Member Legal Services department.

Teach the Vote’s Week in Review: Sept. 27, 2019

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


ELECTION UPDATE: Continuing his series of posts about news pertaining to Texas elections, ATPE Lobbyist Mark Wiggins provided an update this week on campaign announcements that continue to trickle out each week. Read the latest election-related news from ATPE here. We also recognized National Voter Registration Day this past Tuesday by encouraging educators and others to register to vote. The next big election here in Texas occurs on Nov. 5, when voters statewide will be considering a number of proposed constitutional amendments, and those in some parts of the state will be voting in special elections to fill legislative vacancies.  The deadline to register to vote in that election is Oct. 7. Early voting begins Oct. 21.


On Thursday, Sept. 26, the U.S. Department of Education (ED) announced that 362 schools around the country have been recognized as 2019 National Blue Ribbon Schools. The list of 2019 honorees includes 27 schools in Texas. According to an ED press release, the Blue Ribbon schools are recognized for their overall academic performance or for their progress in closing achievement gaps among student subgroups. The recipients of the Blue Ribbon designation include public and private elementary, middle, and high schools. The public schools are nominated by each state’s top education official, while private schools are nominated by the Council for American Private Education (CAPE). An awards ceremony for the winners will take place in the nation’s capital in mid-November.


ATPE’s lobbyists have been featuring a series of blog posts here on Teach the Vote about new education laws passed by the Texas Legislature in 2019. For this week’s edition of the blog series, ATPE Lobbyist Andrea Chevalier highlighted a handful of bills that pertain to mentoring, training, and other professional opportunities for educators. Next week, our focus shifts to new statutory requirements related to educators’ professional responsibilities. Watch for the new post here on Monday, and also check out the ATPE legal department’s publication, “Know the Law: An Educator’s Guide to Changes Enacted by the 86th Texas Legislature.”

The Texas Education Agency (TEA) is also continuing its video series to help educators learn more about the landmark school finance and reform bill passed this year, House Bill (HB) 3. Check out the most recent videos from the agency in its HB 3 in 30 series dealing with school board and district goal-setting and the bilingual education allotment.


On Wednesday, the Trump administration released a new school safety district guide to schools develop emergency operations plans (EOPs). According to a press release from the U.S. Department of Education, the guide entitled “The Role of Districts in Developing High-Quality School Emergency Operations Plans” follows up on recommendations in the final report of the Federal Commission on School Safety. The district guide recommends responsibilities of school district administrators and their staffs, including coordinating with communicate partners and developing EOPs that address a variety of potential threats. The guide also includes checklists that can be used by school districts to track their progress.

Meanwhile, back here in Texas, Thursday marked the first organizational meeting for the new Senate Select Committee on Mass Violence Prevention and Community Safety. The nine senators heard only invited testimony, which included senior leadership from the Texas Department of Public Safety (DPS). Much of the conversation revolved around background checks and “red flag” laws aimed at keeping firearms out of the hands of those with mental illness or facing criminal complaints. Republicans on the committee questioned the need for additional legislation, while Democrats argued for strengthening the law and improving enforcement. You can watch a recap of the meeting on KVUE.


On Friday, U.S. House Ways and Means Committee Chairman Richard Neal (D-MA) introduced H.R. 4540, the Public Servants Protection and Fairness Act, in Congress. This bill is aimed at fixing the Windfall Elimination Provision (WEP) for future retirees and providing relief for current retirees. Under the bill, Social Security benefits would be paid in proportion to the share of a worker’s earnings that were covered for Social Security purposes. The bill includes a hold harmless provision to ensure no one loses benefits relative to current law, and would provide $150 per month in relief payments to current WEP retirees.

“Members on both sides of the aisle can get behind this legislation and the solutions it puts forward,” Chairman Neal said in a press release announcing the bill’s filing. “I want to commend Ways and Means Committee Ranking Member Kevin Brady for his work to address the WEP issue for many years. He is a tireless advocate for affected workers, and I appreciate his commitment to fixing this problem. I look forward to working with him to move a solution through Congress expediently.”

An overview of the bill can be found here, and the full bill text can be read here. Check back with Teach the Vote next week for a detailed analysis of the bill.


Reminder: National Voter Registration Day, Sept. 24

Today is National Voter Registration Day (NVRD).

Recognized each year on the fourth Tuesday of September, this is a great day for educating students about the voter registration process and reminding your friends and family members about the importance of being registered. We at ATPE encourage you to use the hashtag #NationalVoterRegistrationDay in your social media posts to help us spread the word today.

As a reminder, Oct. 7 is the deadline to register to vote in this November’s election, where several proposed constitutional amendments will be on the ballot for Texas voters.

Find additional tips for educators participating in NVRD today here, courtesy of the Texas Educators Vote coalition of which ATPE is a member.