Tag Archives: ATPE

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 363: 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.

Teach the Vote’s Week in Review: Aug. 16, 2019

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


The Texas Education Agency (TEA) released its “A-F” accountability ratings for 2019 on Thursday. This year, ratings were released for both districts and campuses. Overall, the percentage of schools rated “A” or “B” has increased since last year. However, several school districts including Houston ISD (the state’s largest) have campuses that will either have to shut down or be run by the state as a result of failing performance that has continued under the new accountability system. ATPE Lobbyist Andrea Chevalier wrote about the ratings, the history of the A-F system in Texas, and what insight the new school grades may offer in this blog post. For additional coverage, check out this article from the Texas Tribune.


ELECTION UPDATE: Gov. Greg Abbott has set the date for special elections that will fill the seats vacated by Rep. John Zerwas (R-Richmond) and Rep. Eric Johnson (D-Dallas). Cristina Tzintzún Ramirez and State Board of Education member Ruben Cortez (D-Brownsville) announced that they are seeking seats in the U.S. Senate and Texas Senate, respectively. To find out more about the upcoming special elections and campaign news, check out this post by ATPE Lobbyist Mark Wiggins.


The Texas Education Agency (TEA) has released another video in its “HB 3 in 30” series. This week’s video provides a detailed overview of the “Do Not Hire Registry” and the new reporting requirements for districts and private schools regarding educator misconduct, which now covers non-certified school employees, too. All previous HB 3 in 30 videos and a schedule of upcoming topics can be found here.


Beginning next week, the ATPE lobby team will publish the first in a series of blog posts about what changes you can expect this school year due to recently passed legislation. The series is entitled “New School Year, New Laws,” and it’s designed to help educators know what to expect from the changes made by lawmakers earlier this year. Check back at the beginning of next week here on Teach the Vote for our first post about student discipline-related bills and how they will impact you and your classroom.

TEA releases 2019 “A-F” accountability ratings

On Thursday, August 15, 2019, the Texas Education Agency (TEA) issued a press release announcing the 2019 “A-F” accountability ratings for Texas public school districts and campuses. Last year, A-F ratings were available for school districts only. Yesterday marks the first time that A-F accountability grades have been shared for individual campuses, too. The foundation for the A-F accountability system was created in 2013 under House Bill (HB) 5. In 2015 and 2017, the system was modified through HB 2804 by Rep. Jimmie Don Aycock (R-Killeen) and HB 22 by Representative Dan Huberty (R-Houston), respectively.

The A-F system was highly controversial among the education community in large part because it places a label of “failure” on schools, students, and educators based on a narrow view of school success. Additionally, many factors that strongly influence the outcomes that are measured by the A-F testing and accountability system are outside the scope of what educators can control. These include generational poverty, food insecurity, homelessness, family status, and adverse childhood experiences. For the reasons, ATPE opposed the inclusion of A-F ratings in the public school accountability system throughout the multiple legislative sessions in which it was developed.

Keeping in mind the limitations of the A-F accountability system for substantiating broad conclusions about the performance or effectiveness of schools, educators, and students, the ratings do lend themselves to some observations that can be useful for stakeholders to review. For example, a preliminary analysis of school district ratings shows that charter districts tend to have more C’s, D’s, and F’s than traditional districts. Eighty-six percent of traditional districts had either an A or B rating, compared to only 56 percent of charter districts. In fact, the percentage of charters rated D and rated F was six times and four times the percentage of traditional districts, respectively. It does appear that districts have overall improved since last year in the number rated A and B.

At the campus level, charter ratings are also more heavily weighted towards D and F. However, the overall percentage of schools that are rated A or B has increased since last year. Additionally, Texas Commissioner of Education Mike Morath stated that he is, “particularly proud of the 296 high-poverty schools that achieved an A rating this year.” The commissioner, several lawmakers, and members of the State Board of Education (SBOE) held press events around the state yesterday related to the announcement of the ratings.

ATPE representatives also participated in a number of interviews with the media to discuss the A-F accountability grades. In one news story yesterday about the A-F ratings of schools around central Texas, ATPE Lobbyist Mark Wiggins discussed the myriad additional factors beyond accountability grades that will need to be considered when measuring the future impact of this year’s major school finance and reform bill, House Bill 3.

Of course, much more information is needed to decipher the meaning and validity of these new A-F ratings. In the past, ATPE has urged caution in interpreting A-F ratings, especially due to their reliance on data from student test scores. The TXschools.gov website promoted by TEA is meant to help parents understand ratings and make comparisons. Stakeholders can find further resources from TEA here, including video presentations on each of the three domains used in the rating system. ATPE will continue monitoring the system and fighting to ensure that it is fair and meaningful to educators, school leaders, students, and parents.

Teach the Vote’s Week in Review: July 26, 2019

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


This week Congressman Kevin Brady (R-TX) filed H.R. 3934, the “Equal Treatment of Public Servants Act of 2019.” The ETPSA aims to address unfair reductions to the Social Security benefits for many educators and other public employees under what is known as the Windfall Elimination Provision (WEP).

While there are many similarities between this WEP replacement bill and a previous version of the ETPSA filed by Brady in the last congress, H.R. 3934 would produce a higher benefit payment for the majority of retirees, including those future retirees who are over the age of 20. For more details on the newly filed bill, check out this blog post by ATPE Senior Lobbyist Monty Exter.


Today, the State Board for Educator Certification (SBEC) is meeting to discuss several important items, including the adoption of changes to allow for the implementation of the EdTPA portfolio assessment pilot for teacher certification. The board is also discussing pending rule changes resulting from bills passed by the 86th Legislature, such as the repeal of the Master Teacher certificates within HB 3. Check the Teach the Vote blog later this weekend for a more detailed summary of the meeting by ATPE Lobbyist Andrea Chevalier.


ELECTION UPDATE: November is right around the corner. Are you registered and ready to vote? This week the Secretary of State revealed the ballot order for constitutional amendments that voters will consider in November 2019, including one that pertains to education funding. Learn more about the proposed amendment, along with updates on campaign announcements for the 2020 primary elections in this new election update post by ATPE Lobbyist Mark Wiggins.


In Washington, DC, the U.S. Senate Committee on Homeland Security and Government Affairs held a hearing on school safety on Thursday, July 25, 2019. The specific focus of yesterday’s hearing was on examining state and federal recommendations for enhancing school safety against targeted violence. The committee heard from four invited witnesses: Max Schachter and Tom Hoyer, who are both parents of children killed in the Parkland School shooting; Bob Gualtieri, Sheriff of Pinellas County, Florida; and Deborah Temkin, PH.D., Senior Program Area Director, Education Child Trends. Mr. Hoyer identified three areas where policymakers can impact school safety, particularly with regard to school shootings: securing the school campus, improving mental health screening and support programs, and supporting responsible firearms ownership. Committee members focused their questions and attention on the first two issues. Archived video of the hearing and the testimony of the individual witnesses can be found at the links above.

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

ATPE’s Governmental Relations team is reporting from Houston this week, where hundreds of our members are here for the ATPE Summit and to celebrate the 50th anniversary of the moon landing. Here’s the latest:


ATPE State Officers for 2019-20 took their oath of office at the ATPE Summit in Houston, July 18, 2019.

The ATPE Summit, our annual convention for members, is taking place this week in Houston. On Wednesday, members had an opportunity to hear a legislative update from the ATPE lobbyists, including our Washington-based lobbyist David Pore. Topics of the presentation and a Q&A session that followed included the outcomes of the 2019 legislative session and implementation of the school finance bill, House Bill 3, along with developments related to federal legislation on Social Security. Yesterday, the ATPE House of Delegates met and elected new state officers for the 2019-20 membership year. Delegates also amended and adopted the ATPE Legislative Program, a series of statements reflecting the members’ legislative priorities.


The Teacher Retirement System of Texas (TRS) board of trustees is meeting in Austin this week. Board materials and a link to a livestream of the meeting can found here. During this week’s meeting, the board announced that TRS would distribute the 13th check provided by Senate Bill (SB) 12 this September. ATPE supported SB 12, which along with an infusion of over a billion dollars this session and additional increases in subsequent years brings the TRS trust fund into actuarial soundness. Read additional information and frequently asked questions about SB 12  here. In announcing the plans for issuance of the 13th check in September, TRS Executive Director Brian Guthrie explained that it is important for the agency to cut the check prior to the November board meeting, in case any volatility in the stock market temporarily pushes the fund over the 31-year window within which it is considered actuarially sound.


The Texas Education Agency (TEA) its continuing its video series about this year’s major school finance bill, House Bill (HB) 3. This week’s installment in the informational series focuses on changes to pre-Kindergarten laws under the bill. Check out the latest video and more HB 3 resources here on TEA’s HB 3 website.


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

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


Commissioner of Education Mike Morath

The Texas Education Agency (TEA) invited education stakeholders, including ATPE, to a meeting with Commissioner Mike Morath on Monday to go over the agency’s plan for providing public information on the implementation of the tax compression and school finance bill, House Bill (HB) 3. The commissioner walked attendees through a high-level presentation on the various aspects of the 300-page bill that will be enacted over the coming months and years, including subjects related to teacher training and compensation.

The gist is that the agency has created an informational website and will be releasing a new video each week discussing a single topic of HB 3. This week, the agency released a new video detailing changes to the compensatory education allotment, which provides funding for economically disadvantaged students. You can watch that video here. Read your ATPE Governmental Relations team’s full post on Monday’s meeting here.


The Teacher Retirement System of Texas (TRS) board of trustees will be in Austin next week, July 18-19, for a regularly scheduled board meeting. Of note at this particular meeting, the board will decide the timing for delivery of the 13th check that will be delivered to retirees as a result of the passage of Senate Bill (SB) 12. Board materials and a link to a live stream of the meeting can found here.


ATPE is headed to Houston next week for the 2019 Summit, where educators from every corner of Texas will come together, elect ATPE state officers, and set our association’s policy agenda for the next year.

Members will enjoy valuable opportunities to network and make friends with colleagues across the state, as well as learn about important legislation and earn CPE credit. The ATPE Governmental Relations team will be presenting an update on what happened during the 86th legislative session, as well as what you can do to stay engaged and make sure the state follows through on promises made to educators in 2019. ATPE’s Washington, DC-based lobbyist, David Pore, will also participate in the legislative update for members, addressing federal issues of interest to the education community.

If you’ll be attending the ATPE Summit, we look forward to seeing you there!


TEA begins deep dives on HB 3 topics

The Texas Education Agency held an information session Monday, July 8, 2019, in which Commissioner of Education Mike Morath briefed education stakeholders, including ATPE’s lobbyists, on various components of House Bill (HB) 3 that will be rolling out over the next several months.

As the session’s major tax compression and school finance bill, HB 3 orders the state and school districts to implement several programmatic changes over the coming months and years. In order to make the process more transparent, TEA has created an HB 3 resource website, which you can view here.

DEEP DIVES

TEA’s website is intended to host a number of “deep dive” updates on various components of HB 3, with a new deep dive posted every week. One of the first is an update on master teacher certifications, which are being phased out as a result of HB 3. The ATPE Governmental Relations team has received several questions about what will happen to teachers who are currently certified as reading masters. The long and short of it is that all master certificates will be converted to “legacy” master certificates and remain valid until their expiration date. Current master teachers should consider whether their underlying certifications are aligned to their current teaching assignments and may reach out to ATPE or TEA with any questions. The official TEA guidance on the subject can be viewed here. The agency’s next deep dive will address compensatory education and is scheduled for release this Thursday, July 11, on the TEA’s HB 3 website. A list of scheduled deep dives can be found here.

SCHOOL FINANCE

The school finance bill should provide additional funding for most districts, worth an average of $635 more per average daily attendance (ADA). Along with the new funding, HB 3 orders school districts to do several things and suggests they do several more. Commissioner Morath conceded to stakeholders Monday that the state has not calculated whether the additional funding schools receive will be enough to do all of what they are being asked, and he indicated that it is likely that roughly 15 school districts will not receive sufficient funding to cover the increase in the educator minimum salary schedule (MSS) mandated under HB 3.

TEACHER PAY

Under HB 3, districts will have the option of accessing a “teacher incentive allotment” if they develop a local program to offer differentiated pay based on teacher quality. This allotment may provide participating districts from $3,000 to $32,000 in additional funding per teacher who qualifies under an approved local program, but it is important to note that this funding will not go directly to the teacher. Instead, that money will go to the district with the requirement that 90 percent of it be spent on compensation for teachers at the participating campus. Schools with existing programs will likely see additional funding in September 2020 for programs in effect during the upcoming school year, and new programs will likely be eligible to receive funding by 2021.

OTHER RULES IMPACTING EDUCATORS

The school finance bill also expanded the “do not hire registry” of public school educators who have been convicted of an inappropriate relationship to non-certified employees. This change is effective immediately, and a deep dive on this topic is scheduled to be released by TEA before the start of the fall semester.

Every teacher in kindergarten through grade 3 must attend a reading academy within the next three years at the school district’s expense. Each academy is expected to include a five-day summer institute, two days of pull-outs, and 12 coaching sessions during the year, plus three days the following summer. Educators will not receive a state stipend for attendance, but the agency indicated there is an expectation that districts will provide them with a stipend. All future K-3 educators will be required to cover the reading academy’s curriculum before placement, which means reading academy instruction will transfer to educator preparation programs (EPPs) going into the future.

New teachers certified for pre-K through grade 6 will also be required to demonstrate proficiency in the science of teaching reading (STR) by January 1, 2021. The agency is currently working on a test for STR proficiency.

OUTCOMES FUNDING

Districts may receive additional outcomes-based funding under HB 3 for each annual graduate above a certain threshold percentage who checks a box indicating they are college, career, or military ready (CCMR). Districts are expected to receive money this year for Class of 2018 graduates.

ADDITIONAL INSTRUCTIONAL DAYS

HB 3 allows schools to add instructional days beyond the current minimum of 180 days up to 210 days. These days will not be subject to compulsory attendance and will be optional at each district’s discretion. The funding will not cover the full cost of operating schools on those days, and the agency acknowledged that many districts may simply use this program to subsidize their existing summer school programs.

You can view the complete slide deck TEA presented to stakeholders on Monday by clicking here. This slide deck includes graphical presentations on many of HB 3’s main components. The agency will continue to produce informational content each week, with compensatory education scheduled for this week and pre-K scheduled for next week. You can see what the agency has already published by clicking on the HB 3 resource page.

TEA rolls out resource website for HB 3, school finance changes

The Texas Education Agency (TEA) is rolling out a new website and video series to try and explain the various components of House Bill (HB) 3, the major school finance bill passed by the 86th Texas Legislature this year.

At more than 300 pages in length, HB 3 sets in motion a significant number of policy changes that will have marked effects on schools and classrooms. Among these changes is language in the bill that directs school districts that see a substantial increase in school funding as a result of HB 3 to dedicate some of that new funding to increasing compensation for school employees, with priority given to classroom teachers with more than five years of experience.

In the month that passed since HB 3 became law, some districts have awarded raises for school employees, although it’s unclear whether HB 3 was the catalyst. Many districts will await further guidance from TEA before implementing the compensation sections of HB 3 in order to know exactly how they are expected to distribute any new funding and what form the additional compensation may take — i.e. salary, healthcare and retirement contributions, or other benefits that carry a dollar value.

To answer questions like these for the general public, TEA has set up an HB 3 information website that can be found here. The website currently hosts an introductory video by Texas Commissioner of Education Mike Morath. The agency plans to release a series of 30-minute videos entitled “HB3 in 30,” each of which is intended to explain specific components of HB 3. According to a press release from the agency:

“Videos will be released every Thursday and will be accompanied by supporting documents available for download. A full schedule of weekly release dates, a summary of HB3, frequently asked questions, and implementation guidance for school districts can be found on the TEA House Bill 3 information site.

The first video in the series, an overview of Budget Planning for Teacher Compensation, is scheduled for release on Thursday, June 26.”

Districts will continue to receive formal guidance documents from TEA, the first round of which was released earlier this month. Links to these documents are also provided at the bottom of the HB 3 information site.

For more on the anticipated impact of HB 3, be sure to check out the ATPE Governmental Relations team’s comprehensive analysis of the bill here on Teach the Vote.

Teach the Vote’s Week in Review: June 21, 2019

From Austin to Washington, D.C., here’s a look at the latest advocacy news from your ATPE Governmental Relations team:


Last week, ATPE State President Byron Hildebrand, Vice President Tonja Gray, Executive Director Shannon Holmes, Senior Lobbyist Monty Exter, and ATPE’s Washington-based lobbyist David Pore met with members of the Texas congressional delegation at the U.S. Capitol.

Discussions focused on public education priorities at the federal level, including funding and the repeal of Social Security offsets like the Windfall Elimination Provision (WEP). The group also visited with officials at the U.S. Department of Education.

For a full recap of the Washington trip, check out this blog post by Exter.


All bills passed by the Texas legislature are subject to the governor’s veto pen, and Sunday, June 16, 2019, marked the end of the period in which the governor may exercise this power. ATPE Lobbyist Mark Wiggins reports that Gov. Greg Abbott vetoed three education bills that had been finally passed by the 86th Legislature when it adjourned sine die last month.

This year’s vetoed bills included House Bill (HB) 109 by Rep. Armando Martinez (D-Weslaco), which would have required charter schools to give students Memorial Day off as school districts are currently required to do, yet the bill exempted districts of innovation (DOI). Gov. Abbott explained in his veto message that the bill would have exempted up to 859 school districts, and suggested the legislature draft more targeted legislation in the future.

The governor also vetoed HB 455 by Rep. Alma Allen (D-Houston), which would have required the Texas Education Agency (TEA) to develop a model policy on recess that encourages age-appropriate outdoor physical activities. Despite praising the bill’s good intentions, the governor called HB 455 “bureaucracy for bureaucracy’s sake.”

Additionally, Gov. Abbott vetoed HB 3511 by Rep. Gary VanDeaver (R-New Boston), which would have created a “Commission on Texas Workforce of the Future.” The governor called the bill redundant and duplicative of work being done by the Tri-Agency Workforce Initiative, which involves the Texas Workforce Commission, TEA, and the Texas Higher Education Coordinating Board (THECB).

Incidentally, the Texas governor has “line-item” veto authority over the budget, and governors have often exercised this power to strike the funding from programs of which they disapprove. Gov. Abbott raised eyebrows this year by declining to veto any lines from the state budget, allowing all of the provisions of HB 1 to go into effect without opposition.

For a complete look at the education bills that passed this session, be sure to check out our 86th Legislative Session Highlights here on Teach the Vote penned by the ATPE staff lobbyists who worked on these and hundreds of other bills throughout the 140-day session.