Tag Archives: Betsy DeVos

Teach the Vote’s Week in Review: Oct. 2, 2020

Here is this week’s recap of the latest education news from your ATPE Governmental Relations team:


CORONAVIRUS UPDATEATPE released a response to a press statement sent out by The Texas Education Agency (TEA) this week stating that the agency would extend the “hold harmless” funding period for school districts by six weeks to help mitigate the effects of enrollment drops across public schools in Texas. However, in a move that seems contradictory to the TEA’s acknowledgement last week of COVID-19 hotspots, the agency has tied a district’s access to the additional “protected” funding to whether a district offers in-person instruction. Read more about the development in this blog post by ATPE Lobbyist Andrea Chevalier, or in this article, quoting ATPE, by Aliyya Swaby of the Texas Tribune.

ATPE is here for educators. Be sure to check out our COVID-19 FAQs and Resources page and other resources:


ELECTION UPDATE: Are you registered to vote in the county you live in? Has your name recently changed? Have you been purged from the voter rolls? The deadline to register to vote is October 5, this coming Monday! Be sure to check your registration and learn how to register. Early voting begins October 13 and lasts for three weeks through October 30. Find more voting dates and reminders here.

The Texas Senate District 30 special election ended this week in a runoff. The date of the face-off between salon owner Shelley Luther and current state Representative Drew Springer (R-Muenster) has not yet been set by Gov. Greg Abbott. For more on this week’s election news, including the recent straight-ticket voting court battle and Gov. Abbott’s proclamation Thursday limiting mail-in ballot drop-off locations, read this informative blog post by ATPE Lobbyist Mark Wiggins.

October is Voter Education Month, so let’s get learned! To learn about who makes education decisions (and which of these positions you can vote for), check out this post by our partners at the Texas Educators Vote coalition. Also, click here to learn about candidate forums being sponsored by Raise Your Hand Texas starting next week.


Sec. DeVos at a Feb. 2020 House Approp. subcommittee hearing

FEDERAL UPDATE: Remember when U.S. Secretary of Education Betsy DeVos asked public schools to spend an unheard-of amount of their Title-I-based federal emergency dollars on all students in all private non-profit schools within their boundaries? With DeVos’s decision last Friday to not appeal a recent court case that vacated her inequitable interpretation of the CARES Act, it seems the “equitable services” saga has come to an end. Read more about the saga, from start to finish, in this blog post by ATPE Lobbyist Andrea Chevalier.

 


After data discrepancies, this week the state adjusted numbers on the Texas Education Agency (TEA) and Department of State Health Services (DSHS) dashboard that tracks COVID-19 cases in public schools. Updated every Wednesday, this week’s numbers show 1,490 new student cases and 819 new staff cases reported for the week ending in September 27. Compared to the previous week’s numbers for students and staff, both have changed slightly (2% decrease for students, 2.5% increase for staff). Read about the adjusted numbers in this blog post by ATPE Lobbyist Mark Wiggins.


This week, ATPE responded to formal requests for information from both the House Public Education committee and the House Appropriations Article III subcommittee, which focuses on public K-12 and higher education. ATPE’s submissions covered educators’ concerns with COVID-19, STAAR testing and accountability, educator and student mental health and well-being, and ways the state can prioritize funding to maintain the public education gains made by the 86th Texas Legislature. Read more about ATPE’s submissions and our contribution to these committee’s interim work in this blog post by ATPE Governmental Relations Director Jennifer Mitchell.


Are you retired or considering retiring? Be sure to check out these upcoming events to be in the know.

  1. The Teacher Retirement System of Texas (TRS) has opened registration for its 2020 TRS-Care virtual information sessions. These webinars are intended to help retired public education employees, or those considering retirement, learn more about the TRS-Care Standard and TRS-Care Medicare Advantage plans for 2021. They will also introduce the new providers that will administer TRS health plans starting Jan. 1, 2021. You can register for these webinars at trs.texas.gov/trs-care-events.
  2. This week, the Texas Retired Teachers Association (TRTA) hosted a virtual townhall on teacher retirement issues with incumbent U.S. Senator John Cornyn (R-TX). The second TRTA townhall will feature Cornyn’s challenger, retired U.S. Air Force combat veteran M.J. Hegar on October 3 at 2:15 pm. Find more details on Cornyn’s townhall and register for Hegar’s townhall here.
  3. ATPE is partnering with RBFCU and the RBFCU retirement program on a webinar on October 7 at 5 pm about retirement planning for educators. Find the sign up information here.

Equitable services saga ends following court decision against DeVos rule

As we reported here on Teach the Vote a couple weeks ago, a federal court nullified a controversial federal rule that would have funneled additional public dollars to private schools under an “equitable services” provision of the CARES Act. With a statement that U.S. Secretary of Education Betsy DeVos will not appeal that decision, it seems as though the equitable services saga has finally come to an end. Here’s the story from start to finish:

On March 27, 2020, the CARES Act was signed into law. It provided Texas public schools with federal aid meant to combat extra costs associated with COVID-19. The CARES Act requires public school districts to use a portion of their emergency funds to provide equitable services to certain private schools, following long-standing federal education law practices.

Leave it to DeVos to disregard Congressional intent and interpret the equitable services provision in the CARES Act to send an unprecedented amount of public school emergency funds to private schools. Deviating from the prior practice, DeVos issued April 30 guidance directing school districts to calculate their equitable services allocation using ALL students at ALL private non-profit schools in their bounds. The Texas Education Agency (TEA) held districts to this questionable guidance while other states chose to ignore it.

Two main points make this interpretation egregious: Number one, equitable services allocations are typically calculated based on eligible students (low-income, English learners, etc.) who live in the district’s bounds but who attend a private school. Number two, CARES Act funds were 90% based on Title I formula-funding. Under DeVos’s interpretation, a student who lives in a wealthy neighborhood but attends a private school in another part of town would now get the benefit of federal emergency dollars that were calculated based on low-income children. The “poor must share with the rich” is not equitable.

After much consternation from the education community, the department issued an interim final rule (IFR) on July 1 that gave three options to school districts. On the one hand, the rule gave districts an option to follow the long-standing interpretation of equitable services, which was good. However, the rule meant that the DeVos interpretation now held the effect of law, which was bad. ATPE submitted formal comments opposing the new rule in July, but the department did not change any of its practices. Meanwhile, TEA conducted new trainings to inform districts of the changes.

A slew of court cases and a final summary judgement leads us to the beginning of September. The September 4 ruling by U.S. District Court Judge Dabney L. Friedrich vacated the IFR nationwide. TEA updated its equitable services guidance the following week but cautioned districts that DeVos had 60 days to appeal the decision.

On September 25, DeVos issued a letter to all chief state school officers stating that the department would not appeal the decision. TEA held a new training this week instructing districts to revert to the original interpretation of equitable services, as intended by Congress.

Betsy DeVos

While DeVos argues, “all schools and all students have borne the pandemic’s burden and need support,” Congress has provided small business assistance that private schools and even some public charter schools have taken advantage of already. Should Congress wish to specifically fund private schools, they could consider a separate piece of legislation that is not tied to Title I formula-funding.

The back-and-forth over the equitable services issue this year reminds us of the power struggles that can arise at the state and federal level between elected lawmakers, agency heads appointed by a governor or the president, and the courts that provide much-needed checks and balances in our democracy. The Secretary of Education is appointed by the President of the United States and is confirmed by the U.S. Senate. Not only are there many state and federal legislative races being decided this year, but the presidential election in 2020 will shape the next four years of education policymaking at the federal level.

ATPE encourages you to make sure you are registered to vote by October 5 and research your ENTIRE ballot using resources such as the candidate profiles on Teach the Vote (for Texas House, Texas Senate, and State Board of Education races on the ballot this year) and vote411.org, where you can build and print out a sample ballot of your own. Early voting for the general election begins October 13.

Teach the Vote’s Week in Review: Sept. 25, 2020

Here is this week’s recap of the latest education news from your ATPE Governmental Relations team:


CORONAVIRUS UPDATE: Schools around Texas continue to tackle difficult decisions on reopening and whether to offer virtual or in-person instruction. The Texas Education Agency (TEA) slightly modified its COVID-19 guidance this week on attendance and enrollment, aiming to address some recent questions about school reopenings and remote learning options. Many school boards are deciding whether to request waivers from the state that would enable their districts to operate in a remote environment longer than the initial four-week transition approved by TEA for all districts.

The new TEA guidance indicates that the agency will consider granting additional flexibility based on metrics announced recently in Gov. Greg Abbott’s plan for business reopening. Specifically, TEA will “take into consideration” whether a school district lies within one of the hospital regions where COVID-19 patients make up more than 15% of all hospitalizations. While we appreciate state officials’ recognizing the importance of considering objective health-related data on COVID-19, as ATPE has recommended, new guidance remains vague and leaves the ultimate discretion to unelected state leaders. Read more about the updated guidance and how school districts are approaching the return to campus in this post by ATPE Governmental Relations Director Jennifer Mitchell.

Last week, ATPE launched an anonymous member-only survey through our Advocacy Central section of the ATPE website that asks two questions about how educators feel their health and safety is being ensured. Join hundreds of other survey responders and share your responses by Sunday, September 27. Here are additional coronavirus resources from ATPE:


FEDERAL UPDATE: U.S. Secretary of Education Betsy DeVos reiterated her support for school choice and in-person schooling this week during a U.S. Department of Education webinar on school reopening. The panel presentation featured private, public, and charter school administrators who shared best practices on how they have reopened their schools this fall. Some of the strategies may be unattainable for the majority of public schools who need increased funding for pandemic-related increased costs. Read more about the presentation in this blog post by ATPE Lobbyist Andrea Chevalier.


A few upcoming events are scheduled that are geared toward educators who are retired or considering retiring in the near future. First, the Teacher Retirement System of Texas (TRS) has opened registration for its 2020 TRS-Care virtual information sessions. These webinars are intended to help retired public education employees, or those considering retirement, learn more about the TRS-Care Standard and TRS-Care Medicare Advantage plans for 2021. They will also introduce the new providers that will administer TRS health plans starting Jan. 1, 2021. You can register for these webinars at trs.texas.gov/trs-care-events.

Next week the Texas Retired Teachers Association (TRTA) plans to host two virtual townhalls on teacher retirement issues. The first townhall will feature incumbent U.S. Senator John Cornyn (R-TX) on September 29 at 4 pm. The second townhall will feature Cornyn’s challenger, retired U.S. Air Force combat veteran M.J. Hegar on October 3 at 2:15 pm. Find more details on the two events here.


The Department of State Health Services (DSHS) and the Texas Education Agency (TEA) are sharing with the public data on the prevalence of the coronavirus in Texas public schools. The online dashboard shows Texas public schools have reported 6,295 COVID-19 cases on their campuses. According to the data, 3,445 students have tested positive for COVID-19 out of 1,101,065 on campus. The agency reported 1,212 new positive cases during the week ending September 20, up from 1,046 new cases the previous week. The agency reported 2,850 school staff members tested positive. Of those, 660 were new cases during the week ending September 20, down from 859 new cases reported the previous week. The agency has not maintained a count of how many staff are present on campus at the moment.

It’s difficult to draw conclusions from this data. Relatively few students are on campus at the moment, and social distancing measures will become more difficult to maintain as more students return to classrooms. ATPE Executive Director Shannon Holmes weighed in on the numbers in this article by the Houston Chronicle.

Jimmy Lee

RELATED: As schools deal with COVID-19 occurrences on campus and their employees’ fears of catching the virus, some districts are worried about finding enough substitute teachers. ATPE State President Jimmy Lee was interviewed this week in a story on CBS Austin about the concern. Lee shared his own experience working as a sub and highlighted challenges faced by rural districts . Watch the full story here.


A federal judge ruled Thursday, Sept. 24, that President Donald Trump cannot stop the U.S. Census count next week, ordering it instead to continue through October 31. This is the deadline U.S. Census Bureau originally requested before the Trump administration decided to shorten that window. You can read more about the court decision in this article by the Texas Tribune.

The census is constitutionally required every 10 years in order to apportion seats in the U.S. Congress. Many important decisions, including how federal funding is distributed, depend on how communities respond to the census. The census also determines how much power each state wields in Congress, and Texas is on track to add representatives if everyone responds on time. Read more about the census in this recent blog post by ATPE Lobbyist Andrea Chevalier.


ELECTION UPDATE: Today is the last day of early voting in Texas Senate District (SD) 30, where a special election is scheduled for next Tuesday, Sept. 29. This election is to finish the term of outgoing state Sen. Pat Fallon (R-Prosper), who is running for U.S. Congress.

Earlier this week we recognized National Voter Registration Day. October 5 is the deadline to register to vote in time for the November 3 election if you are not already registered. Click here to find out if you are registered and your information is correct, especially if you have moved. Early voting for every position from president on down begins October 13 and lasts for three weeks through October 30. Find more voting dates and reminders here.

Voting is the only way to ensure people who support public education are the ones making the decisions about public education. For more on who makes those decisions, check out this post by our partners in the Texas Educators Vote coalition. Also, click here to learn about candidate forums being sponsored by Raise Your Hand Texas starting next week.

U.S. Department of Education hosts webinar on school reopening

The U.S. Department of Education hosted a virtual panel presentation today, Sept. 23, on successful strategies to reopen schools this year amid the COVID-19 pandemic.

The live webinar opened with a statement from Secretary of Education Betsy DeVos who reiterated her support for school choice by saying that parents need options more than ever during this time. DeVos also maintained her position that every school should offer an in-person option for parents who want that for their children.

Next, a panel of invited witnesses shared best practices in how they have re-opened their schools during the pandemic. Panelists included the following:

  • Sue Blakeley, founder and administrator of Lake Mead Christian Academy in Nevada, a private school
  • Shane Robbins, superintendent of Kershaw County School District in South Carolina
  • Jeremiah Newell, superintendent of MAEF Public Charter Schools in Alabama
  • Nisha Gupta, administrator and teacher at Homestead Montessori School in New York, a private school
  • Glen East, superintendent of Gulfport Schools in Mississippi
  • Frank Brogan, assistant secretary for elementary and secondary education at the U.S. Department of Education.

Newell shared that his charter school, a specialty charter for students age 16 and older who have dropped out or fallen behind, is offering parents the option on selecting in-person learning, synchronous/asynchronous virtual instruction, or night schooling for students who need to work to support their families. He also stressed that sitting in front of a computer is not an effective form of learning for students.

Blakeley’s private school created a task force to bolster communication between stakeholders in her school community and consulted with an infectious disease expert regularly. Her school also staggered reopening and conducted “rehearsals” by gradually opening the school’s day care and early childhood facilities.

East said his public school district opened at 30% capacity and has since increased capacity to 100%. The district also hired additional instructional support staff so that there are two adults in each classroom, in order to support students.

Gupta’s private school simplified classrooms by removing furniture and marking the floor with dots. The number of personalized materials was increased, too, including some materials that the school 3-D printed and laser-cut on their own. Spaces were organized to isolate cohorts, along with scheduling changes, and experiential learning was moved outdoors. Teachers moved classroom furniture outdoors and a local Native American leader donated additional outdoor space so that students could learn in weather-proof teepees.

Robbins said his public school district was already an e-learning district and that the transition was a little bit easier because of this fact. The district created a task force that formed subcommittees made up of healthcare professionals, parents, and teachers. Robbins said responding to the pandemic has created an expensive situation, especially with the new learning environments and need to ensure health and safety. His district has partnered with local businesses to provide internet access to students and has created a COVID-19 dashboard to show the number of cases in their schools.

Several of the panelists said they created videos in order to best communicate with their families.

A few things come to light in analyzing these comments from school leaders across our nation.

  1. The pandemic is costly to school systems and has created new costs that should continue to be reimbursed by the federal government.
  2. Teachers are rarely included in the considerations and conversations engaged in by school leaders. In this panel at least, leaders did not express a balance of concern for their educators or share best practices on how to engage educators.

ATPE has continuously advocated for the involvement of educators throughout the pandemic. For resources and support for educators, please visit ATPE’s Coronavirus FAQ and Resources. To share your opinions on back-to-school health and safety, ATPE members can visit ATPE’s Advocacy Central to fill out a quick two-question survey open until Sept. 27, and also use the communication tools there to share input with their elected officials.

Teach the Vote’s Week in Review: Sept. 11, 2020

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


CORONAVIRUS UPDATE: The Texas Education Agency (TEA) adapted its guidance on equitable services this week to reflect a recent U.S. District Court ruling vacating the U.S. Department of Education’s interim final rule that directs public school districts to spend an unprecedented amount of taxpayer dollars on private school students. The court ruling issued last Friday makes the department’s rule unenforceable nationwide, but Secretary Betsy DeVos still has time to appeal the decision.

TEA also updated several other sections of its COVID-19 Support and Guidance page, including new intern and emergency certification waiver information that continues the suspensions on face-to-face requirements for candidates completing their internships, clinical experiences, field-based experiences, and practicums. Also, be sure to check out the new Project Restore training on resilience that was posted this week.

ATPE State Treasurer Jayne Serna and ATPE Lobbyist Andrea Chevalier participated in an educators’ town hall on COVID-19 and teaching this week. The Wednesday night event was hosted by U.S. Congressional District 10 candidate and former teacher Mike Seigel. Serna was the opening speaker for the event, sharing the difficulties educators are facing this school year and highlighting the importance of voting to elect pro-public education candidates. Chevalier provided an overview of COVID-19-related federal funding issues facing educators and students, federal waivers, and the need for congressional oversight of the U.S. Department of Education and Secretary Betsy DeVos.

Also this week, ATPE Senior Lobbyist Monty Exter spoke with The Texas TribuneThe Dallas Morning News, and KBMT’s 12 News Now about the current state of teaching, learning gaps, and how spending cuts prompted by COVID-19 could impact students.

As a reminder, ATPE offers educators a gamut of resources:

  • Find answers from our legal team to frequently asked questions on our COVID-19 FAQs and Resources page.
  • Earn CPE by watching informative webcasts on topics such as educator rights, leave options, disability accommodations, and school safety through ATPE’s professional learning portal.
  • Explore an interactive pandemic timeline.
  • Take our survey on parent-teacher collaboration.
  • ATPE members only: Use Advocacy Central to communicate with elected officials about your concerns.

ELECTION UPDATE: Don’t let the November 3 general election creep up on you. Election Day is less than eight weeks away and early voting starts in one month. This means other deadlines for registering to vote or requesting a ballot-by-mail are even sooner! Remember that if you have moved recently or changed your name, you need to update your voter registration. Here are important dates to add to your calendar:

  • September 19: If your vote-by-mail application is received by this day, you are guaranteed to receive your ballot at least 30 days before Election Day.
  • September 22: National Voter Registration Day
  • October 5: Deadline to register to vote
  • October 13: First day of early voting
  • October 19: Educator Voting Day
  • October 23: Last day that a vote-by-mail application can be received (not postmarked)
  • October 30: Last day of early voting
  • November 3: Election Day! Mail-in ballots also must be received by this date.

If you happen to live in Texas Senate District 30 and are a registered voter, you’ll be eligible to vote early starting Monday, Sept. 14, for the special election to replace Sen. Pat Fallon (R-Prosper). Read more about the race in this previous blog post, and check out profiles of the SD 30 candidates here on Teach the Vote.


FEDERAL UPDATE: In addition to the above-mentioned court ruling against Secretary Betsy DeVos’s effort to send more public money to private schools, there was activity on Capitol Hill this week. U.S. Senate Republicans tried unsuccessfully to advance a new coronavirus aid package that included a $10 billion private school voucher provision. ATPE released a press statement opposing the voucher language in the Senate bill, which failed during a preliminary vote held in the Senate yesterday. Read more about the legislation and ATPE’s press statement in this blog post by ATPE Governmental Relations Director Jennifer Mitchell.


The State Board of Education (SBOE) met this week to take up hefty agenda items including the revision of science, physical education, and health curriculum standards (TEKS). The revisions garnered hours of testimony from the public, as did the discussion of eight new charter applications before the board.

ATPE and other organizations urged the board to reject the new charters due to the increased costs the state would incur by granting the applications. SBOE Member Ruben Cortez asked Texas Education Commissioner Mike Morath, “Is now the time to be playing Shark Tank?” Read this week’s blog posts from ATPE Lobbyist Mark Wiggins to learn more about Morath’s defense of the charter applicants, the board’s Thursday split decisions to preliminarily approve just six of the proposed charters, and the ultimate veto of three charter operators during Friday’s full board meeting.


Per usual, the annual Texas Tribune Festival has an impressive education strand of events. This week, Texas Tribune education reporter Aliyya Swaby moderated a panel of Texas public school teachers, superintendents, and Texas Education Commissioner Mike Morath. The teachers expressed how the pandemic impacted their interactions with students, the superintendents talked about budget and enrollment concerns, and Morath stuck to his usual admiration of data and the need to continue standardized testing. Read more in this blog post by ATPE Lobbyist Andrea Chevalier.


The Texas Senate Democratic Caucus incorporated ATPE recommendations regarding COVID-19 and schools into a letter it sent to TEA Commissioner Mike Morath earlier this week. The letter was influenced by a task force of education stakeholders including ATPE. Among other requests, the senators’ letter urges Morath to seek a waiver of federal testing and accountability requirements for 2020-21. Read more in this blog post by ATPE Lobbyist Mark Wiggins.


Did you know that high schools are legally required to offer students who will be age 18 by election day the opportunity to register to vote? In Texas, students may register to vote at 17 years 10 months. Students can print, fill out, and mail in an application obtained from VoteTexas.gov or fill out a voter registration application online and have it mailed to them.

The National Association of Secondary School Principals has partnered with dosomething.org to create the “Democracy Powered by (You)th” voter registration competition. By doing things like racking up voter registrations, students can win scholarships, school grants, and trophies. Pace High School in Brownsville, TX is currently in third place!



Today we remember the tragic events of September 11, 2001. On that day, some of our members were in the classroom as teachers, while others were still just students themselves. On this Patriot Day, we honor the lives lost that day and the heroic efforts by first responders, service members, and citizens who risked their lives that day and in the aftermath of the tragedy. We will never forget.

ATPE urges Congress to keep private school vouchers out of COVID-19 relief legislation

On Sept. 8, Republican leaders in the U.S. Senate shared their latest proposal for COVID-19 relief legislation, termed the “Delivering Immediate Relief to America’s Families, Schools and Small Businesses Act.” The Republican-led Senate and Democratic-led House have been deadlocked since May on negotiations for additional relief from the pandemic. Senate Majority Leader Mitch McConnell (R-Kentucky) shared details of the new GOP proposal Tuesday and announced his intent for the Senate to pass the bill by the end of this week. However, amid criticism that the bill does not go far enough to help those affected by the pandemic, the legislation was considered highly unlikely to move forward, and a preliminary vote taken today in the Senate fell eight votes short of the 60 needed to proceed.

The latest Senate bill would shield businesses against lawsuits related to COVID-19 and spend $500 billion on initiatives that would include debt forgiveness for the postal service, additional paycheck protection loans for small businesses, partial continuation of enhanced unemployment benefits, and funding for coronavirus vaccine development and testing. Schools would be eligible for additional funds under the bill, too, but the Senate proposal reserves two-thirds of the K-12 money for schools operating in person. Unlike the most recent U.S. House proposal, states would see no additional direct funding that could be used to offset anticipated budget cuts in public education and other areas.

To the dismay of the education community, the Senate GOP bill also calls for funneling $5 billion in tax dollars toward private school voucher programs favored by the Trump administration and Secretary of Education Betsy DeVos. The proposal would offer federal tax credits to bolster state voucher programs and fund private school tuition “scholarships.” Additionally, the bill would expand access to 529 savings accounts, typically reserved for college costs, to pay for private and home schooling. The voucher language in the McConnell bill mirrors similar legislation filed by U.S. Sens. Ted Cruz (R-Texas), Lamar Alexander (R-Tennessee), and Tim Scott (R-South Carolina) to subsidize private school tuition and homeschooling costs with tax credits and other federally funded incentives.

Responding to Tuesday’s announcement, ATPE issued a statement criticizing the inclusion of the controversial private school voucher funding in a bill that purports to provide COVID-19 relief. ““Congress should be focusing on helping our nation’s public schools that are dealing with unprecedented challenges,” said ATPE State President Jimmy Lee. “We cannot afford to divert our limited resources from public schools to private entities  during a global crisis,” Lee added. View ATPE’s full press statement here.

Teach the Vote’s Week in Review: Sept. 4, 2020

This weekend we celebrate Labor Day in America. The essential work of public education has never been more prominent, and ATPE thanks all educators and staff for their service! Here is a summary of this week’s education news from ATPE Governmental Relations:


CORONAVIRUS UPDATE: This week, the Texas Education Agency (TEA) launched “Project Restore”– a six-part webinar series that provides trauma-informed mental health training to teachers. The training is meant to help teachers not only reach their students, but also work out their own COVID-induced stresses. TEA also made several smaller updates to other aspects of its COVID-19 resource page. Read ATPE Lobbyist Andrea Chevalier’s blog post for more.

ATPE has been working hard to facilitate information-sharing during the pandemic. Be sure to check out our COVID-19 FAQs and Resources for new answers to commonly asked questions, watch our easy-to-understand webcasts on educator rights and leave options and disability accommodations, and explore our interactive pandemic timeline. For opportunities to take action, ATPE members can use Advocacy Central to communicate with elected officials, and anyone can take our survey on parent-teacher collaboration.


ELECTION UPDATE: H-E-B grocery store owner and public education advocate Charles Butt wrote  to the Texas Supreme Court this week, supporting Harris County’s decision to send vote-by-mail applications to its residents. Butt says in the letter, “It’s always been my impression that the more people who vote, the stronger our democracy will be.” For more on the letter and the Texas Senate District 30 special election on September 29, see this blog post by ATPE Lobbyist Mark Wiggins.


States and schools should not expect a federal waiver of testing requirements this year, according to President Trump’s education secretary. Betsy DeVos wrote a letter to chief state school officers on Wednesday with this warning, urging them to demonstrate their “resolve” by continuing to administer standardized tests to students. ATPE is among countless organizations that have called for a waiver of testing requirements this year amid lingering effects of the COVID-19 pandemic. Read more in this blog post from ATPE Governmental Relations Director Jennifer Mitchell.


With more Texans considering mail-in voting for the November general election, ATPE has developed a set of tips and social media graphics to help voters understand what is required. Check out our new resources on applying for a mail-in ballot in this new blog post by ATPE Senior Lobbyist Monty Exter. Find out if you meet the eligibility requirements to apply for a mail-in ballot, and submit your application by Sept. 19 to ensure you will have enough time to cast your vote.


The State Board of Education (SBOE) held a virtual meeting this week where they received an update on the performance of the permanent school fund (PSF) and advanced a new Texas Essential Knowledge and Skills (TEKS) subchapter on positive character traits, as required by House Bill (HB) 1026 passed by the 86th Texas Legislature in 2019.

According to Texas Education Agency (TEA) staff and outside consultants hired to help monitor the fund’s investments, the PSF is in good health and slowly recovering from the economic recession sparked by the COVID-19 pandemic. Focus has recently turned to management of the fund, which is split between the SBOE and another state agency. An outside consulting firm delivered a report to the board this week with recommendations aimed at improving management.

The board’s 15 members are scheduled to return to Austin in person on Tuesday for a week-long meeting that will address curriculum standards for science and health education, as well as whether to open more charter schools during the COVID-19 pandemic. Read more about this week’s SBOE meeting in this post by ATPE Lobbyist Mark Wiggins.


ATPE is asking state officials to take a closer look at planned education spending cuts that could unnecessarily hurt at-risk students. An article in the Austin American-Statesman this week revealed a summary from the Legislative Budget Board that shows how state agencies plan to cut their spending by 5% this year, as directed by state leaders back in May. The planned reductions in K-12 education spending for 2020-21 include across-the-board cuts to several state-funded programs and initiatives, although most of the education budget was exempted from the order to withhold funds. The Windham School District and Juvenile Justice Alternative Education Programs (JJAEPs) would see reduced funding this year, as would Communities in Schools programs that serve at-risk students. ATPE issued a press statement today urging state officials to consider more strategic reductions in this year’s spending that would cause fewer negative impacts on Texas’ most vulnerable students.

Betsy DeVos tells states not to expect student testing waivers

Betsy DeVos

U.S. Secretary of Education Betsy DeVos sent a letter to the top school official in every state today regarding federal requirements for student testing in the 2020-21 school year. States requested and the secretary granted a waiver of testing mandates for 2019-20 when the novel coronavirus forced schools to abruptly shut down during the spring. However, DeVos makes it clear in her Sept. 3 letter that the Trump administration has no intention of waiving the testing requirements again this year.

Below is an excerpt from the letter in which DeVos claims there is broad support for testing and urges the states to demonstrate their “resolve” in these challenging times by continuing to administer the assessments to students:

“Several of your colleagues recently inquired about the possibility of waivers to relieve states of the requirement to administer standardized tests during School Year (SY) 2020-2021. You will recall that, within a very short time, waivers were granted to all 50 states, the District of Columbia, the Commonwealth of Puerto Rico, and the Bureau of Indian Education this past spring following the declaration of a national emergency. That was the right call, given the limited information available about the virus at the time and the need to stop its spread, as well as the practical realities limiting the administration of assessments. However, it is now our expectation that states will, in the interest of students, administer summative assessments during the 2020-2021 school year, consistent with the requirements of the law and following the guidance of local health officials. As a result, you should not anticipate such waivers being granted again.”

A growing number of elected officials on both sides of the political spectrum, parent groups, and education associations including ATPE have called for student testing requirements to be waived in 2020-21. As we have previously reported here on Teach the Vote, Texas Governor Greg Abbott removed a few of the high stakes attached to STAAR test results this year but has not shown interest in a broader waiver of testing requirements, despite the fact that many schools have had to delay the start of the new school year. The ATPE House of Delegates also passed a resolution this summer calling for a waiver of STAAR and TELPAS requirements this year due to the ongoing negative impact of the COVID-19 pandemic on the education system.

While there has been widespread bipartisan support for cutting back on student testing, the general election coming up in November will play a large role in determining whether high-stakes tests are actually administered this year and used for such purposes as school accountability grades and determining teachers’ evaluations and compensation. Stay tuned to our Teach the Vote blog for updates.

“School choice” in the spotlight as presidential election approaches

The 2020 general election is rapidly approaching, with early voting slated to begin in Texas just over six weeks from now on October 13. Now that the presidential slate of candidates has been finalized, the focus is shifting to the candidates’ views on particular issues, including some related to education. One education-related issue, in particular, is being mentioned frequently.

President Donald Trump said Sunday, Aug. 23, he will make “school choice” a top priority if he is reelected for four more years in the White House. The Trump campaign followed up the next day with a 49-point bullet list that broadly outlines things the president hopes to do if reelected. The education section states, “Provide school choice to every child in America.” During the Republican National Convention taking place this week, First Lady Melania Trump also used her Tuesday night speech to highlight the president’s commitment to “fight for school choice to give parents the option to have their school flourish.”

While “choice” is an enticing word, and there are choices of varying educational settings that exist within the public school system, the phrase “school choice” has been used by private school proponents to market the defunding and privatization of public schools. Whether described as “school choice” or with more specific verbiage, the goal has been diverting public taxpayer dollars to private and for-profit entities through vouchers, tax credits, school choice “scholarships,” education savings accounts, and other initiatives. All of these proposals are designed to deny public schools the funding they desperately need to provide quality instruction to all students and transfer it instead to subsidize private entities that are not subject to state accountability standards, taxpayers, or voters. For many years, ATPE members have included a position in our Legislative Program expressing our association’s opposition to private school vouchers or “choice” initiatives. Currently, the ATPE Legislative Program most recently approved by our House of Delegates in July states, “ATPE opposes any program or initiative, tuition tax credit or voucher system that would direct public funds to private, home or for-profit virtual schools.”

This is not the first time President Trump has expressed support for privatization. “We’re fighting for school choice, which really is the civil rights of all time in this country,” the president said in a June 2020 speech about police reform and national protests over the killing of unarmed African-Americans. That same month, Trump accused schools of “extreme indoctrination” of children.

President Trump is also not the first to attempt to market private school vouchers by invoking the Civil Rights movement, despite the fact that vouchers originated as an attempt to avoid desegregation in the wake of Brown v. Board of Education. Lt. Gov. Dan Patrick (R-Texas) made the same civil rights argument for school choice in the 2017 legislative session and blocked attempts at providing needed resources for public schools by tying their funding to a school voucher bill. It was the push for privatization and the failure to address school funding in 2017 that led educators to dominate the 2018 midterm elections, which temporarily halted the push for vouchers in Texas and paved the way for the 2019 school finance legislation, House Bill 3.

While the president may be showing a renewed emphasis on privatization, it is not a new issue for his administration. Trump appointed wealthy GOP megadonor and privatization activist Betsy DeVos as U.S. Secretary of Education during his first year in office. DeVos faced criticism for her promotion of privatization in Michigan that resulted in a dysfunctional school system and the proliferation of low-quality charter schools. She has used her federal cabinet post to continue to push privatization, including using COVID-19 relief funds as an opportunity to promote private school voucher programs and to force public schools to spend an unprecedented amount of money on private school services.

As reported in in the Austin American-Statesman last month, Democratic presidential challenger Joe Biden’s campaign has described his position on “school choice” as follows:

“Joe Biden opposes the Trump/DeVos conception of ‘school choice,’ which is private school vouchers that would destroy our public schools. He’s also against for-profit and low-performing charter schools, and believes in holding all charter schools accountable. He does not oppose districts letting parents choose to send their children to public magnet schools, high-performing public charters or traditional public schools.”

While ATPE does not endorse candidates, we encourage voters to learn more about their candidates’ views on public school funding and private school vouchers or “choice” programs. Amid the COVID-19 pandemic and with the 2021 legislative session on the horizon, there have already been calls for expanding privatization initiatives right here in Texas. On Teach the Vote, we profile all candidates for the Texas Legislature and invite them to participate in ATPE’s candidate survey, which includes the following question:

“Would you vote to create any type of voucher, tax credit, scholarship, education savings account, or other program aimed at paying for students, including any subpopulation of students, to attend non-public K-12 schools, such as private or home schools?”

We also track incumbent legislators’ voting records, which have included votes on privatization bills in many prior legislative sessions. Use the search tool here on Teach the Vote to research your candidates’ views on private school vouchers and other education issues ahead of the November 3 election.

ATPE meets virtually with Texas Congressional delegation

Submitted by ATPE Contract Lobbyist David Pore of Hance Scarborough, LLP

Tonja Gray

Jimmy Lee

Newly inaugurated ATPE State President Jimmy Lee and immediate Past President Tonja Gray spent time in July joining me and the ATPE Governmental Relations team for a series of online roundtable policy discussions with key members of the Texas Congressional Delegation and their staffs.  Although perhaps not as effective (nor as much fun) as the annual state officer trip to Washington, DC, we made progress in our federal advocacy efforts and built on existing relationships with the delegation. Our goal was to provide input to the members who sit on the key committees of jurisdiction on the policy issues important to Texas educators, parents, and students. We focused our discussions on safely returning to school, federal COVID-19 relief funding for education, and the GPO/WEP Social Security offsets that continue to reduce the benefits of retired educators and other public servants.

Rep. Joaquin Castro (D-TX 20) sits on the House Education and Labor Committee that has oversight over the U.S. Department of Education (ED) and how they spend the money appropriated for K-12 and higher education by the Congress. The congressman and his Education Legislative Assistant Kaitlyn Montan joined us for a great discussion of the challenges facing Texas educators, administrators, parents, and students as we work to return to the classroom safely. ATPE leaders stressed the importance of local, district-level decision making and the need for flexibility for school districts to be able to return virtually, in-person, or with a hybrid model where appropriate. The congressman agreed that federal money should not be used to incentivize one return model over another and that ED should not divert limited federal taxpayer money appropriated for COVID-19 relief for public schools to private schools or for the virtual voucher pet projects of U.S. Secretary of Education Betsy DeVos. Rep. Castro committed to using his role on the committee to conduct robust oversight and make sure the department follows the law as Congress intended.

Rep. Van Taylor (R-TX 3) also sits on the House Education and Labor Committee and represents a North Texas district with over 4,000 ATPE members. The congressman’s Legislative Director Jett Thompson met with us, and while less enthusiastic about the need for strong oversight of ED, he did agree that Secretary DeVos should stick to congressional intent when implementing the COVID-19 relief bills, including in how taxpayer money is distributed to private schools.

Rep. Lloyd Doggett (D-TX 35) sits on the House Ways and Means Committee and has been a long time cosponsor and champion for legislation completely repealing the WEP and the GPO. The repeal bills have never made it out of committee due to their enormous costs to the Social Security trust fund and the inequities that would be created for private sector beneficiaries. Rep. Doggett’s Legislative Assistant Sarah Jones met with us and informed us that the congressman does not support the more limited bill repealing the WEP that has been authored by Ranking Member Kevin Brady (R-TX) or the version introduced by committee Chairman Richard Neal (D-MA). Surprisingly, Jones stated that Rep. Doggett did not support the Neal bill because it “is not paid for,” despite his long-time support for the full repeal bill that costs the Social Security trust fund much more than either the Brady or Neal WEP repeal bills. Although she did express support from the congressman on our position regarding how ED is spending COVID-19 relief funds, we let Jones know that Congressman Doggett’s opposition to the WEP repeal bills was inconsistent with his previous positions on the issue and extremely disappointing to Texas public educators, both active and retired.

ATPE state officers and lobbyists met with Rep. Jodey Arrington via Zoom, July 28, 2020, to discuss COVID-19 considerations and Social Security reform.

Rep. Jodey Arrington (R-TX 19) also sits on the House Ways and Means Committee and has emerged as a champion for legislation to repeal the WEP and replace it with a proportional formula. We discussed with him the partisan breakdown of previously bipartisan legislation authored by committee Chairman Neal and Ranking Member Brady that has now devolved into two separate bills bogged down and unlikely to move before the election in November. Tonja Gray relayed on-the-ground concerns about the return to school from Abilene ISD, which lies in Arrington’s congressional district, while Jimmy Lee spoke from his unique perspective as a retired career educator, statewide leader, and the husband of a superintendent. While we agreed to disagree with the congressman on his position that it is appropriate to use federal relief money to incentivize in-person teaching this fall, regardless of the health and safety concerns of the district, we expressed our sincere appreciation for his open line of communication with ATPE and his strong support in the Ways and Means Committee for addressing the WEP. Arrington also praised ATPE for its professional approach to working with officeholders, expressing his belief that the national union groups “are not winning anyone over” in Washington.

Unfortunately, our senior U.S. Senator John Cornyn (R-TX) was unavailable to meet with ATPE’s statewide leadership and the governmental relations team. Although his Legislative Assistant Clair Sanderson met with us, she was unable to commit the senator to a position on how ED is implementing the CARES Act and spending federal taxpayer money appropriated for COVID-19 relief for education. We also discussed the Senate companion to the Brady WEP bill that Senator Ted Cruz has introduced, which to date, Senator Cornyn has not cosponsored.

It is important for our elected officials at every level to hear directly from professional educators about the issues you face, such as returning to school safely, how our tax dollars are spent on education, and how federal Social Security laws affect your retirement. I am grateful to Tonja and Jimmy for taking the time to participate in these roundtable discussions. They both are outstanding ambassadors for ATPE and for public education as a whole. Thank you, Tonja and Jimmy!