Tag Archives: charter approval

Morath pitches new charters to skeptical SBOE

The State Board of Education (SBOE) is meeting in person this week to tackle a packed scheduled that includes discussion of Texas Essential Knowledge and Skills (TEKS) curriculum standards for science, physical education, and health. The board is also discussing whether to approve and spend state tax dollars on eight new charter school systems recommended by the Texas Education Agency (TEA).

The board spent Tuesday hearing from hundreds of people voicing their opinions about the TEKS up for discussion. After a 13-hour day of testimony, the board resumed business Wednesday with its regularly scheduled update from Texas Commissioner of Education Mike Morath.

Commissioner Morath began Wednesday with a status report on reading academies, which all kindergarten through third grade teachers must complete by the 2022-23 school year. There are 20,000 teachers in more than 500 cohorts currently participating in the academies through 38 authorized providers.

The commissioner focused the majority of his presentation on a preemptive defense of the eight new charter schools he is recommending the SBOE approve this week. The board holds veto authority over all new proposed charter organizations, but that veto does not apply to individual campuses or expansions once an initial charter organization is approved. A bipartisan collection of members sharply questioned Morath over charter policy and the numbers used in his sales pitch Wednesday.

In response to a question by Member Tom Maynard (R-Florence), the commissioner said the total number of charter schools has grown from 484 in 2017 to 553 in 2019. The commissioner downplayed the total cost of charter schools, which Member Matt Robinson (R-Friendswood) pointed out are completely funded by state dollars through the Foundation School Program (FSP). This makes charter schools significantly more expensive to the state than traditional independent school districts (ISD), which are funded by a combination of state, local, and other funds.

The eight new charters the commissioner is proposing are estimated to cost the state $12 million per year once they are operating at capacity. This does not include the additional cost once they expand to additional campuses. Charter schools have submitted more than 90 expansion applications to TEA this year alone, which could cost the state an additional $90 million per year. At least 62 have been approved so far.

Member Robinson also noted that Texas faces an $11 billion decline in state revenue as a result of the economic recession driven by COVID-19. This has placed unprecedented stress on the state budget, prompting state leaders to call for 5% across-the-board cuts at state agencies. Robinson pointed out that despite this fiscal crisis, Commissioner Morath has increased the number of new charter schools he is proposing to open at the state’s expense from five last year to eight this year.

Member Pat Hardy (R-Fort Worth) added that some of the charters currently up for approval are based in California and New York. Member Hardy asked the commissioner, “How do we talk to taxpayers about sending tax dollars out of state?” Morath replied that the economy is globally interconnected. Member Hardy also asked whether only the top-performing schools are approved for expansion, leading the commissioner to state that while D- and F-rated charters were allowed to expand in the past, he believes they are no longer being allowed to grow.

“Is this the right year to be playing Shark Tank?” asked Member Ruben Cortez (D-Brownsville), comparing the proposed spending of state dollars on additional charter school experiments to the well-known TV show where inventors of new products pitch their ideas to investors.

Many of the board members’ concerns about spending state dollars on new charter schools at a time when Texas school districts are needing additional resources to combat the effects of the COVID-19 pandemic mirror those of ATPE and other organizations. Back in April, ATPE joined a coalition of 18 organizations that wrote to Commissioner Morath asking for a moratorium on charter expansions this year.

During today’s discussion, Member Georgina Perez (D-El Paso) echoed previous concerns about the higher state cost of funding charter schools, which the commissioner’s presentation to the board omitted. Perez added, “There’s a lot of good information you could be sharing, but this just isn’t it.”

Member Pam Little (R-Fairview) raised the issue of charters schools sending students with disciplinary issues back to their local ISD, while money stays with the charter. Commissioner Morath disputed Little’s characterization of the process.

Finally, Member Lawrence Allen (D-Houston) asked the commissioner a separate series of questions relating to educators. Asked by Member Allen whether TEA is collecting data on teacher retention under the threat of returning to school during the pandemic, Morath answered that the agency will not have that info until next September or October of 2021. Asked about resignations outside of the no-fault window, Morath suggested there are “a variety of exceptions” that will be handled on a case-by-case basis through the State Board for Educator Certification (SBEC).

Following the commissioner’s comments, the board turned its attention to the Permanent School Fund (PSF). The board approved a $300 million one-time payment to the Available School Fund (ASF) via the real estate special fund account (RESFA) in order to support districts and cover the state’s obligations under last year’s House Bill (HB) 3. The board also tentatively approved a 4.0% distribution rate to the ASF for the 2022-23 biennium.

Members then spent the remainder of the day debating changes to the TEKS that were up for discussion on Tuesday. Any unfinished business from Wednesday’s meeting will be taken up following a public hearing scheduled for Thursday morning over the new charter applicants. Stay tuned to ATPE’s Teach the Vote blog for updates on the board’s actions this week.

Teach the Vote’s Week in Review: Jan. 17, 2020

As you slip into the three-day weekend and celebrate the legacy of Martin Luther King, Jr. on Monday, take a look at this week’s education news from the ATPE Governmental Relations team.


ELECTION UPDATE: We have just over a month until the Texas primary election on March 3, 2020. Check out ATPE Lobbyist Mark Wiggins’s most recent election-related blog post for the latest campaign finance insights and other tidbits. Remember that the deadline to register to vote in one of the primaries is Feb. 3, and you can verify your voter registration status here.

As the primaries get closer, here are some helpful resources for educators and the general public:

  • Learn more about the candidates by checking out their profiles here on Teach the Vote. All candidates running in 2020 for the Texas House or Senate or the State Board of Education are featured on our website, with their answers to the ATPE Candidate Survey (where available) and existing legislators’ voting records on education issues.
  • TexasEducatorsVote.com is another great source for election-related resources, advice, and voting reminders.
  • Learn everything you need to know about Texas elections in the Texas Tribune’s five-week crash course called “Teach Me How to Texas.” It’s free and fun! Click here to sign up.
  • Additionally, check out the upcoming candidate forums around the state being sponsored by the Raise Your Hand Texas Foundation. Click here for details and the full list of their “For the Future” town hall events beginning this month.

RELATED: If you live the Houston or Dallas area, don’t forget about the upcoming runoff election for three vacant House seats in House Districts 28, 100, and 148. Early voting starts Tuesday, Jan. 21. Registered voters in those districts can vote in the runoff even they skipped the first special election back in November. Learn more about the special election candidates on our Resources page.


ATPE’s Monty Exter

The Texas Education Agency (TEA) held a public hearing on Monday regarding proposed new commissioner’s rules affecting expansion of charter schools in Texas. ATPE Senior Lobbyist Monty Exter joined other education stakeholders, including school district leaders and parents, at the hearing to testify on proposed revisions to the charter performance framework and charter expansion amendment process. Their input focused on concerns about the potential for significant expansion of charter schools with little state oversight or consideration of the fiscal consequences or impact on students.

Specific points offered through the testimony included the following:

  • TEA does not consider proximity to existing campuses when approving new charter school campuses, which can lead to duplication, waste, and inefficiency. Existing school districts near the new charter campus retain fixed costs but receive less funding.
  • State law requires TEA to consider the impact on all students served by the Texas public school system when proposing rule changes like these. This includes the economic impact of a program serving only a small subset of students and the educational impact on students, especially if the local population is not large enough to support robust programming at both the existing school(s) and the added charter campus in the same location.
  • TEA already has approved more than 557,000 seats at charter schools, which exceeds the enrollment level on which the state’s budget is based. If all those seats were filled, it would cost the state more than $11 billion over a two-year period s and consume more than a quarter of the funding under the Foundation School Program. Moreover, this maximum approved enrollment capacity of 557,000 would grow even larger under the commissioner’s proposals.
  • The state’s performance framework should not reward charter operators for things like maintaining their status as a 501(c)(3) nonprofit organization, which is already required by law.
  • A charter operator should not be labeled “high quality” if its performance is based on excluding students with disabilities or filtering out other students who are harder to teach. Under federal law, TEA must ensure all public schools identify, enroll, and serve special education students.

ATPE joined more than a dozen other education advocacy groups in submitting formal written comments to the commissioner, as well. Click here and here to read the text of the proposed rule changes that were published in the Texas Register on Nov. 22 and Nov. 29, 2019, respectively.


Thank you to all ATPE members who took our very first “Your Voice” survey this winter. The results provided valuable insight into what our members’ top policy issues are, such as standardized testing, educator compensation and benefits, and the Teacher Retirement System (TRS). Look for a blog post diving deeper into these issues on Teach the Vote next week.


On Thursday, Jan. 16, 2020, President Donald Trump announced from the Oval Office that nine federal agencies, including the U.S. Department of Education (ED), would release new guidance regarding religious expression. In public schools specifically, the new guidance clarifies protections for students who want to pray or worship in school and eases access to federal funds for religious organizations that provide social services. The guidance also requires that, in order to receive federal funds under the Elementary and Secondary Education Act, school districts must certify with their state agency that they do not have policies in place that would prevent students’ right to pray. Additionally, states must have a process in place to receive complaints against school districts regarding religious expression and must notify ED about such complaints.

Under the First Amendment of the U.S. Constitution, students and teachers have a right to pray in public schools. However, while acting in their official capacities, teachers, administrators, and other school employees are not permitted to lead, encourage, or discourage students from participating in prayer. Read more about the new rules in this reporting by the Washington Post.


On Tuesday, Jan. 14, 2020 three Texas voters, the League of Women Voters, and the Move Texas Civic Fund filed a federal lawsuit to challenge Texas’s lack of online voter registration when residents update or renew their driver’s licenses online. Under The federal motor voter law allows for voter registration when obtaining a driver’s license, but in Texas, the law is only carried out in face-to-face interactions. This is the second iteration of the case, which was originally dismissed by a federal court because the plaintiff had become re-registered to vote before a verdict was reached and lost standing to sue. Should the plaintiffs ultimately win this latest case, Texas would have to allow online voter registration through the driver’s license process. Read more about the new case in this reporting from the Texas Tribune.


As ATPE Lobbyist Andrea Chevalier reported earlier today on our blog, Texas House Speaker Dennis Bonnen (R-Angleton) has announced his appointment of Rep. Giovanni Capriglione to chair the powerful House Appropriations committee. Read more about the announcement here.