Tag Archives: charter schools

Teach the Vote’s Week in Review: November 16, 2018

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


TEA Commissioner Mike Morath addresses SBOE, November 14, 2018.

The State Board of Education (SBOE) met this week to discuss a variety of topics in what would be its last series of meetings before the year’s end.

On Wednesday, the board voted to increase its distribution from the Public School Fund to 2.9%.  This action takes place after a dispute earlier this year between the SBOE and the General Land Office’s School Land Board (SLB). Both the SBOE and the SLB manage investment portfolios that fund public education, but an unusual move by the SLB to bypass the SBOE and put funding directly into the Available School Fund (ASF) means that the SBOE will have less money to support classrooms directly.

Other topics of discussion this week included the streamlining of the Texas Essential Knowledge and Skills (TEKS) for social studies, the board’s final discussion on the Long Range Plan (LRP) for public education, and the SBOE’s legislative priorities for the upcoming session in 2019.

The Board also heard from Texas Education Agency (TEA) Commissioner Mike Morath. The commissioner addressed concerns that the agency’s Legislative Appropriations Request (LAR) seeks less state funding than in previous years, telling the board the agency is simply following the funding formulas established by the legislature.

During the Board’s discussion with Commissioner Morath, members also requested updates on issues such as Senate Bill (SB) 1882, a bill passed during the 85th legislative session that allows public school districts to partner with privately-run charter schools; the recent ruling by the 5th Circuit Court of Appeals that upheld the U.S. Department of Education’s punitive actions against Texas for underfunding special education programs; and transparency regarding the instructional materials portal launched in 2017.

 


In a press conference earlier this week, state Rep. Dennis Bonnen (R-Angleton) announced that the race for Speaker of the Texas House of Representatives was “over,” as he had secured enough pledges for votes to make him the definitive winner. While the Speaker’s race won’t officially be over until January, when the House convenes for the 86th legislative session and formally votes for the next speaker, that hasn’t stopped Bonnen from proceeding as the presumptive speaker-elect, hiring key staff and putting in place a transition team.

Rep. Bonnen suggested that school finance will be the top priority of the Texas House in the upcoming legislative session, and he has vowed to work with his counterpart across the rotunda. Bonnen and Lieutenant Governor Dan Patrick released a joint statement this week affirming their commitment to unity and working together in the upcoming session. Rep. Bonnen wrote, “The Lieutenant Governor and I share a strong commitment to doing the people’s business.”


School finance commission working group on revenues meeting, November 13, 2018.

On Tuesday, the Texas Commission on Public School Finance working group on revenues discussed the issue of wealth equalization through recapture, which is commonly referred to as “Robin Hood” under the current school finance system.

Led by state Sen. Paul Bettencourt (R-Houston), the group heard testimony from a variety of stakeholders, including former state Sen. Tommy Williams, who testified on behalf of the governor’s office. Williams delivered the first public explanation of the governor’s plan to cap local tax revenue. A detailed account of the meeting can be found in this blog post by ATPE Lobbyist Mark Wiggins.

 

 


Teach the Vote’s Week in Review: May 11, 2018

From Austin to the nation’s capital, here’s a look at how ATPE’s lobby team has been working hard for you this week:


Early voting starts Monday for Texas’s Republican and Democratic primary runoffs on May 22. This week ATPE continued to highlight races across the state where education has pushed to the forefront of political discourse heading into the runoffs. We encourage you to learn more about the races in your district by visiting the candidates section of TeachtheVote.org and by checking out our runoff spotlights for candidates in House Districts 4, 8, 54, 62, and 121.

Remember, if you voted in a party primary back in March, you may only vote in the same party’s runoff election this month. If you are registered but did not vote at all in March, you may choose to vote in either party’s runoff election. You can find more information on eligibility to participate in the runoffs and what you need to do here.

Early voting for the runoffs is May 14-18, 2018, and runoff election day is May 22,2018.

 


ATPE’s lobby team has been working to prevent a controversial private school voucher amendment from being added to a national defense bill that is on the move. The U.S. House Committee on Armed Services met this week to consider the National Defense Authorization Act. Our Austin- and Washington-based lobbyists have watched the development of this bill closely since learning that discussions of adding a voucher were underway in the House. As ATPE Lobbyist Kate Kuhlmann reports today, the potential voucher, in the form of an Education Savings Account (ESA), would funnel existing federal Impact Aid dollars to military families without accountability for how those funds are spent. While the ESA didn’t make it into the bill during committee, it now heads to the floor of the House for debate. There, it could still be added through the amendment process.

ATPE sent a letter this week to Chairman Pete Sessions (R-TX), who leads the committee that determines which amendments will be considered on the House floor, asking him not to allow the voucher amendment. The letter highlights that we join the Military Coalition, a group of 25 organizations representing more than 5.5 million active and former members of the U.S. Military, in opposing the voucher. “The $2,500 voucher program created by HR 5199,” ATPE Governmental Relations Director Jennifer Mitchell Canaday wrote, “would drain limited dollars from both the public school system in Texas as well the Federal Impact Aid Program, hurting the very military-connected students it purports to help.” Read the full letter here and check back for developments on this issue.

 


An article by the Texas Tribune this week explored how charter schools operate in a precarious gray space that makes them a government entity at some times and a private entity at others. ATPE Lobbyist Monty Exter is quoted in the full-length article by Emma Platoff, which is republished here on Teach the Vote.

 


In an effort to encourage parents, teachers, and school leaders to actively participate in the rulemaking process, TEA sent a letter to school administrators on Wednesday requesting that school districts and open-enrollment charter schools post upcoming rulemaking actions on their websites. Learn more about the request and ATPE’s involvement in rulemaking changes in this blog post by ATPE Lobbyist Mark Wiggins.

 


 

House Pensions Committee meeting May 10, 2018, in Dallas.

The Teacher Retirement System (TRS) of Texas was one of the many items discussed at Thursday’s meeting of the House Committee on Pensions held in Dallas, TX. The meeting, which focused on the committee’s interim charges, featured testimony from TRS Executive Director Brian Guthrie plus a number of active and retired educators. ATPE Lobbyist Mark Wiggins attended the hearing and provided full details in his blog post here.

 


TEA encourages education stakeholders to share rulemaking input

In a letter addressed to school administrators Tuesday, the Texas Education Agency (TEA) requested that school districts and open-enrollment charter schools include upcoming rulemaking actions on their websites in order to encourage school leaders, parents, and teachers to participate in the rulemaking process. The agency is asking districts and charters to post links to the TEA’s web pages that host proposed rules of the Commissioner of Education, the State Board of Education (SBOE), and the State Board for Educator Certification (SBEC).

Along with legislative action at the Texas Capitol, administrative rulemaking is one of the two main ways education policy is made. However, unlike the Texas Legislature, which is only active for 140 days every two years, state administrative bodies make rules year-round. When it comes to public education, the Commissioner of Education, the SBOE, and SBEC each have express rulemaking authority over a defined set of topics. While very different from the legislative process, the rulemaking process also makes use of public input. To increase public accessibility, the TEA has implemented new electronic forms to provide public comment on proposed rules, which can be found by clicking on the corresponding links above. The agency has also created a frequently-asked questions (FAQ) page about the rulemaking process.

ATPE’s lobby team regularly participates in the rulemaking proceses by giving written and oral input to the commissioner and state boards on issues of concern to our membership. Also, we frequently post about significant rulemaking actions here on our blog at TeachTheVote.org, and we encourage you similarly to follow rulemaking developments that affect you, your colleagues, your students, and your classrooms. Submitting feedback on these rulemaking actions is a great way to continue to have your teacher voice heard on important education policy matters throughout the year!

From the Texas Tribune: Are charter schools private? In Texas courts, it depends why you’re asking.

Texas charter schools are sometimes private and sometimes governmental — a legal framework that has helped them avoid costly lawsuits.

by Emma Platoff, The Texas Tribune

May 7, 2018

istock.com

In 2006, in Dallas, a construction company sued a charter school, alleging that the school stiffed workers on a building contract to the tune of a couple hundred thousand dollars.

Eight years later, in Houston, a third grade teacher sued the charter school where she worked, alleging that it had falsified test scores, that it failed to properly provide for students with disabilities and that mold in her classroom had made her sick.

Their claims did not make it very far.

The teacher couldn’t sue the charter because, the Texas Supreme Court said, it’s not a government entity. The construction company couldn’t sue, the same court said years earlier, because it was.

Questions about the legal status of charter schools — which receive taxpayer money but are privately run, usually by nonprofit corporations — are broad, existential ones in Texas, where disputes over school funding are among the Legislature’s most contentious. But those categories take on intense practical significance in the courtroom, where the rules that govern private- and public-sector employers vary widely. In two significant Texas Supreme Court cases over the last decade, charter schools and their lawyers have sidestepped lawsuits over employment and contract issues by playing both sides of that fence. In some cases, charter schools can’t be sued because they’re government entities; in others, they’re immune because they’re private.

That difference is intentional. Charter schools were designed, as former Texas Supreme Court Justice Don Willett wrote in the construction company opinion, to “operate with greater flexibility than traditional public schools, in hopes of spurring innovation and improving student achievement.”

Because of that aim, charter schools are not subject to all the same laws as their traditional counterparts. That legal structure helps charter schools retain their “freedom and flexibility,” said Joseph Hoffer, who argued successfully for the charter school in the Houston case.

But some advocates point out that the rules for charter schools seem to target the wrong things.

The Whistleblower Act — which did not allow the teacher to sue — is perhaps the best example.

“How is it innovative to ensure that your employees are silenced if you are doing something inappropriate?” questioned Monty Exter, a lobbyist for the Association of Texas Professional Educators. “I would think that you would want to have those internal watchdogs looking out for kids.”

“When do the rules apply to you?”

There are a lot of unresolved legal issues surrounding charter schools, which are still relatively young educational institutions. Most of them center, as former State Board of Education Vice Chair Thomas Ratliff puts it, on the question, “Is a charter school a public school or a private entity?”

“It’s not that easy,” Ratliff said. “The answer, in a lot of cases, is both.”

In 2015, lawmakers said that for the purposes of the law, charter schools should be considered government entities when the lawmakers say so — and only then.

Some of those “when”s are common sense. Charter schools are subject to the Texas Public Information Act and the Open Meetings Act. Their teachers can be covered by the Teacher Retirement System of Texas. And they enjoy, for the most part, the same protections and immunities from lawsuits that traditional public school districts have, said David Anderson, who worked as the Texas Education Agency’s general counsel for two decades.

In other instances, charter schools are considered private; in many cases, they’re protected from suit. That’s a good thing, Hoffer said.

“Remember,” he said, “since they’re publicly funded, we want to protect the public funds from being attacked.”

But traditional public schools subject to whistleblower claims are also publicly funded. Employees who claim retaliation under the law can win monetary damages or even get their jobs back. That’s not the case with charter schools, and advocates say it’s unfair that those schools are given essentially all the protections of a school district while also enjoying some benefits of private employers.

“You have a charter school that can, in one breath, say, ‘Hey, we’re a public school, don’t sue us,’ and in the next say, ‘Hey, we’re not a public school, don’t sue us,’” said Lorna McMillion, who defended the would-be whistleblower in Houston. “If you’re a charter school who wants to get funding like a public school and wants to be treated like a public school, when do the rules apply to you and when do they not?”

The public-private dance has saved charter schools, in several cases, from lawsuits — like those filed by the third-grade teacher (the charter school’s lawyer dismissed her as a “serial litigator” — the TEA looked into a “testing security” complaint but determined it did not merit a full investigation) and by the construction company (the charter school’s lawyer in that case said the school followed its written contract). In the case of the few charter schools not run by nonprofit corporations, the legal waters are even murkier.

Lindsey Gordon, general counsel for the Texas Charter Schools Association, said the organization supports the Legislature’s current framework and protested that charter schools are not harder to sue than school districts. Every lawsuit, she argued, succeeds on its individual merits.

But would-be litigators have at least some options for suing a traditional public school that they can’t use to sue charter schools. McMillion said the Texas Supreme Court has made it impossible to sue charter schools using the most common legal avenues.

Meanwhile, charter schools have to follow some of the laws that many educators argue most directly impede schools’ ability to innovate. Charter schools are subject to the same test-based accountability system as school districts.

The legal exemptions, advocates said, seem not to foster creativity but rather to help the non-traditional schools avoid costly litigation.

“Charter schools are straddling the fence, on both sides, to make sure they have an advantageous legal position where it is harder to get them,” sad Evan Lange, a Dallas workers’ rights attorney who recently lost a case to an area charter school. “They take the benefits of being private and the benefits of being government. They’re choosing both.”

The Legislature has, in the past, added legal restrictions to charter schools when the need presented itself. In 2013, the Legislature brought nepotism laws for charter schools in line with those for other public schools. The change came after the Texas Education Agency investigated several potential abuses where charter school board members hired family members and paid them generous salaries.

The Whistleblower Act might very well go that way, said Thomas Fuller, a North Texas lawyer who works mostly with charter schools. While the law continues to develop on the relatively new species of school, there may be some “curious outcomes,” he said.

“It left a lot of us scratching our heads, too,” Fuller said. “I wouldn’t be surprised at all to see a number of those [bills] filed in the next session making charter schools subject to the Whistleblower’s Act.”

But in the meantime, advocates warn, the ruling could deter other charter school teachers from reporting abuse they see at work. Just this year, Michael Feinberg, the founder of one of the country’s most successful networks of charter schools, was dismissed following claims that he sexually abused a student in Houston in the 1990s. Cases like Feinberg’s make clear why it’s important for school personnel to feel safe bringing forward such allegations, advocates said.

And while the Legislature can go back and correct oversights that arise, it will be difficult for lawmakers to predict every possible legal fight that could ensnare a charter school — meaning more oversights are near-unavoidable.

“Not a good place to be an employee”

The peculiar legal status of charter schools has a particular impact on employees.

Teachers in traditional public schools enjoy a suite of protections that is not mandated for charter school teachers — including, for the most part, year-long contracts that grant teachers due process rights, Exter said. Texas charter school teachers don’t all have to be certified teachers, meaning they’re more easily replaced. They’re easier to fire in the middle of the year. And if they’re fired, they have even less recourse for challenging the decision.

And unlike teachers at private schools, charter school teachers don’t get the shield of the National Labor Relations Act, which contains some of the nation’s strongest protections against unfair labor practices. Texas charter schools — unlike other states’ equivalents — are not included in that protection because they are considered arms of the government. Texas is, so far, the only state whose charter school teachers are not protected by that act.

That’s thanks to a ruling that came down in March. The case made a difficult scenario worse for teachers in a state that’s already “not a good place to be an employee,” said Lange, the Dallas workers’ attorney.

Charter school supporters might argue that more freedom for the schools allows them to get rid of bad teachers and bring in better ones.

But in a sector of public education with far less oversight than traditional school districts, it’s easy to see how a teacher could find herself fired and out of options. A public school teacher who speaks out against a school practice she disagrees with — STAAR testing, say — is protected from government retaliation by the First Amendment.

But, Lange said, a charter school employee, who enjoys no such protection, could be fired more easily. Their schools, meanwhile, can in one breath claim the privileges of being public and in the next enjoy the freedom of the private sector.

“They literally want to have their cake and eat it too. That’s all charter schools do,” Lange said.

Disclosure: The Association of Texas Professional Educators has been a financial supporter of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune’s journalism. Find a complete list of them here.

This article originally appeared in The Texas Tribune at https://www.texastribune.org/2018/04/20/texas-teachers-employee-benefits-dead-last-retirement-funding/.

 

Texas Tribune mission statement

The Texas Tribune is a nonprofit, nonpartisan media organization that informs Texans — and engages with them — about public policy, politics, government and statewide issues.

Teach the Vote’s Week in Review: April 27, 2018

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


This May, many Texans will be making not one, but two trips to the ballot box. ATPE wants to ensure that all educators are aware of the two important elections taking place next month.

Saturday, May 5th is the uniform election date when municipal propositions, elections, and issues will be decided. Meanwhile, Tuesday, May 22nd is when state level primary runoff elections will be held. While any registered voter can participate in the May 5th municipal election, participation in the primary runoffs depends on whether you previously voted in the March primaries and in which primary election you voted.

For more information about the candidates and your eligibility to vote in the upcoming primary runoffs, check out this new blog post by ATPE Lobbyist Monty Exter.

 


Texas has a new “Grow Your Own” grant program designed by the Texas Rural Schools Taskforce to address  challenges faced by rural school districts and foster a more robust and diverse teaching force. This week, TEA released the names of the 25 school districts that received the 2018-19 “Grow Your Own” grant. Read more about them in this blog post from ATPE Governmental Relations Specialist Bria Moore.

 


The Texas Education Agency has finalized its plan to address special education. Professional development for special education teachers; resources and outreach for parents of special needs children; funding at the district level for students previously denied access to special education services; and additional staffing and resources were the four final measures proposed by TEA in its efforts to redress issues plaguing special education in the state. While the proposed measures would cost the state $212 million over the next five years, TEA is unable to commit additional funds to support the plan leaving the burden to fund these measures on the shoulders of the 86th Legislature which is set to reconvene in 2019. ATPE Lobbyist Kate Kuhlmann explains more about the plan in this blog post.

 


Houston ISD has notified district teachers of its plan to begin staff layoffs. As reported by the Houston Chronicle this afternoon, district employees received correspondence informing then that an unspecified number of layoffs would begin shortly due to budget constraints in the district. The financial strain of Hurricane Harvey coupled with new recapture woes have resulted in a projected deficit of $115 million for the district. The HISD administration has said that the number of layoffs will depend on how many teachers leave the district through attrition at the end of this school year.

Today’s announcement comes on the heels of a highly contentious HISD board meeting earlier this week that was shut down when protests broke out over a planned vote to turn over management of some of the district’s struggling campuses to a charter school operator. That move is part of a plan authorized by new legislation that ATPE opposed in 2017. Schools otherwise facing closure have an option to partner with charter holders for a temporary pause in their progressive sanctions, and HISD has proposed this course of action for 10 of its campuses despite heavy opposition from the community. Waco ISD also took similar action this week, opting to partner with a charter operator to avoid the closure of five struggling campuses in that district.

Stay tuned to Teach the Vote for updates on this developing story.

 


Congressional leaders reach deal on spending that includes boost to education dollars

Budget negotiators in Congress have reached an agreement on a deal to keep the lights on in Washington. The deal represents $1.3 trillion in total spending and a boost of $3.9 billion to spending on education. Congress now has until the end of Friday to pass the bill, preventing another government shutdown.

If Congress is able to pass the legislation in its current form (Republican and Democratic leaders are backing the final negotiation) and President Trump signs the legislation (he seemed to support the legislation Wednesday night after waffling throughout the day), many programs at the U.S. Department of Education (ED) will see boosts to funding.

Boosts include funding for Title I and special education (IDEA), the two largest sources of funding at ED, as well as a program aimed at recruiting, supporting, and training educators. Other boosts to funding include programs pertaining to STEM education, technology enhancements, counseling and mental health, social and emotional learning, after school curricula, and rural schools. There is also new funding for school safety in the form of training and safety technologies like metal detectors.

Many of the funded programs are ones President Trump and Education Secretary Betsy DeVos cut under their budget request. For example, the president’s budget proposal suggested defunding the $2 billion program aimed at recruiting, supporting, and training educators primarily in high-needs schools. Aside from an increase to charter school funding, Congress also ignored the administration’s requests regarding public and private school choice. There is no funding for a $500 million investment in expanding existing state voucher programs or establishing new voucher programs, and the $1 billion in Title I funding Trump wanted to see invested in a system termed Title I portability (a refresher on that can be found here) is not included. Secretary DeVos faced a congressional committee just this week in an effort to advocate for a number of major reforms at ED, but those were largely overlooked by congressional leaders under the spending plan.

While the deal looks poised for passage, there are still several procedural measures that could prevent its passage ahead of the Friday midnight deadline. Check back for more on how the latest deal on federal funding plays out.

Your chance to talk to the school finance commission!

If you’re a regular Teach the Vote reader (as you should be!), you’ve probably been following our updates from the Texas Commission on Public School Finance. Now’s your chance to participate!

The commission was created as part of HB 21, which passed during the special session of the 85th Texas Legislature. The bill was a consolation prize to public education supporters disappointed with the Texas Senate’s decision to kill a school finance reform bill containing $1.5 billion in additional public school funding for the 2018-2019 budget biennium.

The commission’s titular purpose is to discuss and make recommendations for how to improve the state’s “lawful but awful” school finance system. The first few meetings have focused on broad issues such as demographics, funding, educator retention, and charter schools. While some of the invited witnesses – including ATPE executive director Gary Godsey – have provided important perspectives, the commission has also served as a forum for outside actors with a financial interest in promoting vouchers and other schemes that would weaken the public school system.

Members of the public will now get the chance to address the 13-member commission at the upcoming March 19 meeting. This will likely be the only time educators, parents, students, and other community members will be allowed to speak their minds in front of this group.

The commission will present its recommendations to the governor and legislature at the end of the year. These recommendations may include everything from how much to pay teachers to how many students can be assigned to a single classroom, or whether taxpayer dollars should be transferred from the public school system to subsidize private school tuition. Details of the meeting are as follows:

Texas Commission on Public School Finance

Monday, March 19, 2018 – 9:00 a.m.

William B. Travis Building, Room 1-104

1701 N. Congress Avenue, Austin TX

The commission will hear from invited witnesses before opening testimony to members of the public. Public testimony will be limited to three minutes per person. A sign-up sheet will be posted on the commission’s webpage two days prior to the meeting. Sign-up sheets will also be available at the meeting. Those who are unable to attend the meeting can e-mail their comments to schoolfinancecommission@tea.texas.gov. The Texas Education Agency (TEA) will provide a livestream of the meeting that can be viewed here on Monday.

This meeting is expected to last well into the evening, but it is important that educators provide input. Consider that the state currently contributes just 38 percent of the cost for educating our students, down from a roughly 50-50 split a decade ago. As state lawmakers have gradually decreased the share the state chips in, school districts have been forced to increasingly rely on local property taxes to make up the difference. At the same time, some lawmakers are openly discussing ways to remove even more money from the system through vouchers and other forms of privatization. Here are some questions to think about when crafting your message if you plan to testify before the commission:

  1. What resources do you need to meet your students’ needs?
  2. What sorts of programs, benefits, or incentives would help attract and retain quality teachers?
  3. How would you explain the importance of making sure education dollars are spent on our public schools and not funneled out to private entities or used for other non-education purposes?
  4. Are you also a homeowner who pays property taxes? Increasing the state’s share of education funding to at least 50 percent would place less burden on school districts to raise local property taxes in order to keep their schools operating. How might this change help you as a taxpayer while also meeting the needs of our public schools?

There are plenty of resources available if you’d like to do your own research. You can search numerous articles here at Teach the Vote covering the entire universe of public education issues. You can also check out good primers such as this one by the Center for Public Policy Priorities. ATPE members who are considering testifying are also invited to contact our lobby team for any additional guidance.

We hope you take the time to stop by the meeting to testify or e-mail comments if you’re unable to make it. Let’s make sure our teacher voice is heard loud and clear!

 

Teach the Vote’s Week in Review: March 9, 2018

Here is this week’s wrap-up of education news from ATPE:


Tuesday was primary Election Day in Texas, and there is a lot to unpack. ATPE Lobbyist Monty Exter has an inital analysis of the primary results here, and he highlights two major takeaways after Tuesday night: voter turnout increased and incumbents did well.

Voter turnout hit record highs in both parties. Like Exter points out in his post, a Texas Educators Vote Coalition statement praising  voter turnout in the primary election also notes that turnout increased across Texas by almost 700,000 voters compared to the most recent midterm primary election in 2014. The number of Democratic voters getting to the polls exceeded 1 million, while Republican voter totals topped off at more than 1.5 million. Both parties saw an increase in their voter turnout, with Democrats nearly doubling the total number of voters since 2014 (a number that represented a midterm primary record high for the party not hit since 1994). Republicans experienced a more modest increase in the largely red state, but the party’s turnout still represented record numbers.

As a proud member of the Texas Educators Vote Coalition, ATPE is thrilled to see the uptick in civic engagement and encourages educators and other voters to maintain that energy through November and future elections. ATPE was also excited to see a large percentage of ATPE-supported candidates prevail in their elections; Exter’s recap of the election has more on those results. While many are focused on the bigger races at the top of the ticket, it is important to consider all of the great candidates elected further down ballot. One thing is clear based on voter turnout, the energy built among educators, and the impact already felt: this movement is only beginning!

 


The Texas Education Agency (TEA) submitted Texas’s final state plan to satisfy the new federal education law, the Every Child Succeeds Act (ESSA), this week. The final plan has been in the making for quite some time. Here is a quick recap:

The final plan submitted this week reflects a number of revisions required by ED in their initial feedback. TEA’s press release announcing this week’s submission can be read here. To read the final plan or learn more about the Texas ESSA plan and related content, visit TEA’s ESSA web page. The plan must now receive a final review by Secretary Betsy DeVos, but she is not tied to a certain time period for revisions. On Monday, DeVos addressed members of the Council of Chief State School Officers at their annual conference, offering them “tough love” over what she considered state ESSA plans that lacked creativity and innovation.

 


ATPE submitted comments this week on new proposed Commissioner’s rules regarding certain out-of-state educators. These rules would exempt educators that are certified out of state and who meet certain qualifications from Texas required certification assessments as they work to obtain certification in Texas. The rule proposal stemmed from legislation passed last session. ATPE encouraged the commissioner to raise the standard from one to at least two years of experience in order for an out-of-state educator to benefit from the exemption. ATPE Lobbyist Kate Kuhlmann writes more about ATPE’s comments, the proposed rules, and context for the legislation here.

 


The Texas Commission on Public School Finance met again in Austin this week, this time to discuss “efficiency” at the classroom, campus, and district levels. A panel of invited witnesses was dedicated to each category. The classroom efficiency panel focused on blended learning, while the campus efficiency panel featured partnerships with charters and higher education. The district efficiency panel largely entailed discussions regarding charter schools. ATPE Lobbyist Mark Wiggins attended the meeting and has a full report here.

 


 

Trump releases education budget proposal

President Trump released his 2019 federal budget proposal this week, a proposal that presidents issue annually for consideration by lawmakers on Capitol Hill as they work to hash out a budget for the country. Much like last year’s budget request, Trump’s 2019 budget proposal requests a big chunk of funding for public and private school choice, maintains funding levels for Title I and special education, and seeks large cuts to hand-chosen K-12 programs within the Department of Education (ED).

Trump’s new budget proposal entails a $7.1 billion cut to funding for ED, which represents a 10.5% decrease. Of the overall requested cut, $4.4 billion comes from complete elimination of 17 programs deemed by the administration to be “duplicative, ineffective, or more appropriately supported through State, local, or private funds.” A $2 billion program aimed at recruiting, supporting, and training educators primarily in high-needs schools is once again on the chopping block. Other programs cut under his latest budget proposal include a $12 million program for gifted and talented education and a more than $1 billion program for before-school, after-school, and summer enrichment programs.

Expanding public and private school choice is once again a signature piece of Trump’s plan, totaling $1.1 billion. The proposal notes that the billion dollars requested is intended to be “a down payment toward achieving the President’s goal of an annual Federal investment of $20 billion—for a total of an estimated $100 billion when including matching State and local funds—in school choice funding.” Of that billion, $500 million would go toward a grant program for expanding existing state voucher programs and establishing new voucher programs, among other potential options. Another $500 million would go toward charter school expansion, which saw an increase in funding from Congress following Trump’s last request, and just under $100 million would be dedicated to expanding the number of public magnet schools.

Aside from the bump in funding for charter school expansion, Trump’s school choice funding requests largely fell flat in Congress last year. However, the president does use his budget proposal to tout a piece of the recently passed tax plan that allows families to use 529 college savings accounts to pay for private school tuition or home schooling costs.

Funding levels for Title I are requested at $15.5 billion and the Individuals with Disabilities Education Act (IDEA) would be funded at $12.8 billion. New to President Trump’s budget proposal this year is a funding request for $43 million aimed at opioid addiction prevention. Check back for more from Washington as Congress works to negotiate future federal appropriations.

(Note: the budget deal recently struck in Washington set overall funding levels for the federal government, which entailed an increase in non-defense discretionary spending or the category of funding that covers agencies like ED; the appropriations bills hash out how those overall approved funding levels will be divvied up among specific departments, agencies, programs, and etc.)

Teach the Vote’s Week in Review: Jan. 26, 2018

It was a busy week in the world of public education, with your ATPE Governmental Relations team keeping tabs on various business at the state level. Here’s a rundown of this week’s developments:


ELECTION UPDATE: Are you registered to vote? There are just ten days left to register to vote in the upcoming primaries! Texans who are eligible to vote but have not yet registered to do so must sign up on or before February 5 in order to cast their ballot on March 6. Check the status of your registration here.

Also be sure to check out our candidate profiles here on Teach the Vote. All candidates running for Governor, Lieutenant Governor, Texas Legislature, and the State Board of Education have been invited to participate in ATPE’s candidate survey and have their views on education issues shared with voters through our website. New survey responses are being added to the site frequently as more candidates take advantage of this opportunity. If the candidates you are interested in learning about have not yet responded, please ask them to participate in our survey. Candidates or their campaign consultants may contact government@atpe.org for additional information about the survey.

Early voting for the March primaries begins Feb. 20. Texas Secretary of State Rolando Pablos has issued a new proclamation naming the first Friday of early voting period (Feb. 23, 2018) to be “Student Voting Day.”  Secretary Pablos is calling on communities “to urge and encourage all eligible students in Texas to make their voices heard by casting their ballots at ANY polling location in
their county of registration.” The Secretary of State’s office has been an important partner in efforts to promote voter awareness within our public schools, and we appreciate his support.

Since we last reported on Attorney General Ken Paxton’s opinion about Get Out The Vote (GOTV) activities spearheaded by ATPE and other members of the Texas Educators Vote coalition, more Texans are speaking out in support of our coalition and expressing displeasure with the not-so-subtle efforts of some elected officials to try to rein in politically active educators. The Houston Chronicle‘s Lisa Falkenberg wrote an opinion piece on Saturday, Jan. 20, in support of ATPE’s and the coalitions efforts to increase voter turnout and awareness. Falkenberg wrote that voter apathy “doesn’t stop if we do nothing. Some folks in this state are trying to do something. We should let them.” Falkenberg concluded, “No opinion from the Texas AG, or from Bettencourt, has dissuaded me from believing their efforts are vital for the young voters, to the public in general, and to the future of this state we love.” Retired Superintendent Joe Smith also expressed support for Texas Educators Vote on his TexasISD.com website, and educator Danny Noyola, Sr., an ATPE member, similarly wrote an opinion piece for the Corpus Christie Caller-Times defending the coalition’s work. Noyola called AG Paxton’s opinion “an intimidating assault on teachers, administrators, and educational groups to stifle citizenship and voting learning opportunities for all students in a non-partisan, pro-education, creative hands-on way.”

ATPE is pleased that school districts are continuing to support our nonpartisan coalition efforts with additional school boards adopting the coalition’s model resolution on creating a culture of voting, even after the issuance of General Paxton’s opinion. We appreciate the support of school leaders to continue to encourage public school employees and eligible students to be informed and vote in the upcoming primaries.

 


Texas Commission on Public School Finance meeting, January 23, 2018.

The Texas Commission on Public School Finance held its first meeting Tuesday in Austin following its creation as part of House Bill (HB) 21, which was passed during the 85th Texas Legislature’s first special session. The first meeting quickly established the divide between members of the commission focused on improving public school performance and those solely focused on finding ways to cut taxes. House Public Education Chair Dan Huberty (R-Houston) correctly noted that school finance reform and property tax relief go hand-in-hand, and the Texas Senate abandoned a proposal that could have made progress on both fronts in order to pursue voucher legislation.

The meeting was restricted to invited testimony, which included a supporter of school privatization and the heads of a number of state departments, including Texas Education Agency (TEA) Commissioner Mike Morath. Read more about the meeting in this blog post from ATPE Lobbyist Mark Wiggins.

 


The Texas Education Agency (TEA) held a formal hearing today, Jan. 26, to take public testimony on rules pertaining to school district and charter school partnerships. The regulation being considered is Proposed New Commissioners rule 19 TAC Chapter 97, Planning and Accountability, Subchapter EE, Accreditation Status, Standards, and Sanctions, Division 2, Contracting to Partner to Operate a District Campus, §97.1075, Contracting to Partner to Operate a Campus under Texas Education Code, §11.174, and §97.1079, Determining Processes and Criteria for Entity Approval under Texas Education Code, §11.174.

The bulk of the testimony was provided by educators, administrators, and parents. While there were charter advocates in attendance, none offered testimony. All testifiers opposed the rules as currently proposed. Common themes among those who testified included: agency overreach in defining “enhanced authority” that a district must give to a charter in order to enter into a partnership, despite no statutory authority or even implication in the law to do so; a lack of acknowledgment of teacher protections and pre-agreement consultation, which is required under the law; and a general lack of specificity about the approval process, including what factors TEA will consider and the timeline TEA will work under in approving the partnerships.

ATPE has turned in written comments to the proposed rules which you can read here. The text for the new rule can be found on TEA’s website.

 


The Texas Education Agency (TEA) opened its online survey this week to solicit feedback regarding the agency’s initial draft plan to correct inadequacies in special education services. This comes in response to a directive from the U.S. Department of Education that Texas correct systemic denial of special education services due to a de facto “cap” uncovered by a Houston Chronicle investigation. The initial draft plan includes four main actions, with explanations for each.

The agency has been ordered to seek input from stakeholders, including parents and educators, which will be collected through an online survey available on the TEA website since Jan. 23. The agency will accept public comment on this draft plan through Feb. 18, 2018, after which a new Proposed Plan will be released on or around March 1. Public comments on this new plan will be accepted through March 31. The agency expects to submit a Final State Corrective Action Plan to the U.S. Department of Education on or around April 18, 2018. You can read more about the plan and find a link to the survey here.