Tag Archives: Commissioner of Education

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

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

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

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

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

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

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

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

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

SBOE rejects application for new charter by Harmony founder

SBOE meeting, June 14, 2019.

The State Board of Education (SBOE) met Friday, June 14, 2019, to conclude its nearly week-long meeting. As we reported on ATPE’s Teach the Vote blog yesterday, the most high-profile item on this week’s agenda was the approval or veto of five new charter school applications. All were recommended for approval prior to this SBOE meeting by Texas Education Commissioner Mike Morath.

The new charter applications being considered this week were on behalf of Elevate Collegiate Charter School (Houston), Houston Classical Charter School (Houston), Royal Public Schools (Austin, Houston), San Antonio Preparatory Charter School (San Antonio), and The Gathering Place (San Antonio). The full board discussed the applications today, following a similar review by an SBOE committee yesterday. After hours of testimony by educators and administrators universally opposed to each of the new applicants, members of the board’s Committee on School Initiatives voted 3-2 to veto all but one of the applicants on Thursday. Members of that committee voted 4-1 to approve the application from The Gathering Place.

During Friday’s full board meeting, SBOE Member Ruben Cortez (D-Brownsville) highlighted the ability of charter holders to expand in an unrestricted manner after their initial approval. He urged the board to vote against the new applicants. Members raised concerns including negative fiscal impacts on nearby school districts, lack of experience and qualifications among top staff of the applicants, and false information included in some applications. SBOE Member Matt Robinson (R-Friendswood) expressed concerns over the negative consequences each charter would have on the funding available to local schools in each district.

The board has the legal authority to veto applications for new charters that have been approved by the commissioner. Members voting to effectively approve the charters contended that it is not the board’s purview to reject new charters on a wholesale basis, and any issue with charters in general should be taken up by the legislature. The full board voted to reverse each of the committee’s veto recommendations and instead effectively approve the remaining applications, with one exception.

The board spent an extensive amount of time this week questioning Soner Tarim, the founder of Harmony Public Schools and principal applicant on behalf of Royal Public Schools. SBOE Member Georgina Perez (D-El Paso) walked Tarim through six pages of questions ranging from the lack of local and demographically appropriate board members to numbers in the application that indicate its schools would serve lower percentages of English language learners and students in special education than surrounding district campuses. Members ultimately voted 8-5 today to veto the application from Royal Public Schools.

School finance and property tax reform bill signed into law

Gov. Abbott signs HB 3 into law at a ceremony at Parmer Lane Elementary in Pflugerville ISD, June 11, 2019.

Just before noon today, Gov. Greg Abbott signed House Bill (HB) 3 into law. The bill signing took place in front of a crowd of reporters at an elementary school in Pflugerville ISD. The governor was flanked by his fellow members of the “Big Three,” Lt. Gov. Dan Patrick and House Speaker Dennis Bonnen (R-Angleton). Also up on stage were members of the House and Senate education and finance committees, the superintendents of San Antonio ISD and Longview ISD, and Texas Commissioner of Education Mike Morath.

The ceremony began with remarks from Gov. Abbott about the importance of this legislation in improving school finance and reducing property taxes, with emphasis on the success of the legislature in working together on a solution in the absence of a court order. Lt. Gov. Patrick, Speaker Bonnen, Senate Education Committee Chairman Larry Taylor (R-Friendswood), and the bill’s author, House Committee on Public Education Committee Chairman Dan Huberty (R-Houston), also spoke at the bill signing ceremony, giving thanks and praise for the efforts of those who collaborated on HB 3.

Notably, Speaker Bonnen thanked the people of Texas, for whom he said the school finance and reform bill had been passed. This remark is a testament to the power of educators and public education supporters across Texas who have made their voices known through voting and advocacy. As we watch the implementation of HB 3, some parts of which take effect immediately while others are delayed, ATPE will stay vigilant in ensuring the integrity of the promises made by our leaders. Stay tuned for more updates as implementation rolls out over the next several months. To learn more about what’s in the bill, check out our detailed HB 3 blog post here.

86th Legislative Session Highlights from ATPE

As the 86th Texas Legislature began its regular session in January 2019, it was dubbed the “session of the teacher” and was marked by abounding promises to fix school finance and provide pay raises to the most important in-school factor contributing to student success: our teachers. Indeed, this session’s legislation included several pro-public education proposals such as a multi-billion dollar school finance and property tax reform bill, efforts to provide an across-the-board teacher pay raise, school safety enhancements, and measures to shore up the Teacher Retirement System (TRS), while mostly avoiding troublesome and divisive topics such as payroll deduction and tactics to privatize education.

However, bills rarely reach the finish line in the same form as they started, while most others don’t make it at all. In fact, there were more than 10,000 bills and resolutions filed this session, but only 1,429 House and Senate bills were finally passed. As a reminder, bills that do finally pass the legislature are still subject to review by the governor. Gov. Greg Abbott vetoed three bills that were on ATPE’s tracking list. The governor vetoed House Bill (HB) 109 by Rep. Armando Martinez (D-Weslaco), which would have required charter schools to give students Memorial Day off as school districts are currently required to do, yet the bill exempted districts of innovation (DOI). Gov. Abbott explained in his veto statement that the bill would have exempted up to 859 school districts, and suggested the legislature draft more targeted legislation in the future. The governor vetoed HB 455 by Rep. Alma Allen (D-Houston), which would have required the Texas Education Agency (TEA) to develop a model policy on recess that encourages age-appropriate outdoor physical activities. Despite praising the bill’s good intentions, the governor called HB 455 “bureaucracy for bureaucracy’s sake.” Gov. Abbott also vetoed HB 3511 by Rep. Gary VanDeaver (R-New Boston), which would have created a “Commission on Texas Workforce of the Future.” The governor called the bill redundant and duplicative of work being done by the Tri-Agency Workforce Initiative, which involves the Texas Workforce Commission, TEA, and the Texas Higher Education Coordinating Board (THECB). 

To learn how education issues fared during the 2019 session that ended on Memorial Day, ATPE offers this comprehensive summary prepared by our lobbyists: Jennifer Mitchell, Monty Exter, Mark Wiggins, and Andrea Chevalier. You’ll also find within this post an update on the actions taken by the 86th Texas Legislature on ATPE’s legislative priorities for 2019.

Here’s a list of the topics covered in this post:


School Finance:

ATPE’s top legislative priority this year was improving Texas’s school finance system, and more specifically, supporting legislation to dramatically improve that system in order to provide every child access to an exemplary public education.

Gov. Greg Abbott (R) declared school finance reform to be one of his top priorities and an emergency item for early consideration by the 86th Legislature. Newly elected House Speaker Rep. Dennis Bonnen (R-Angleton) did his part to keep school funding on the minds of state representatives by providing them with cups reading, “School Finance Reform – The Time is Now.” While a handful of school finance bills were filed this session, House Bill (HB) 3 by Rep. Dan Huberty (R-Kingwood) quickly became the session’s signature piece of legislation. HB 3 was a culmination of selected recommendations from last year’s Commission on Public School Finance that was created by the 85th legislature, as well as other input from education stakeholders such as ATPE.

ATPE supported the version of HB 3 that was approved by a vote of 148-1 in the House chamber. The House-approved bill called for providing billions of dollars to public schools; included important programmatic changes such as full-day pre-K and dyslexia and dual language funding; and it increased the basic allotment. Importantly, the bill as it left the House did not include merit pay provisions ranking teachers competitively or basing their compensation on their students’ performance; nor did the bill tie district funding to the results of student assessments like the STAAR. The Senate sponsor of HB 3, Sen. Larry Taylor (R-Friendswood), pushed forward a revised version of the bill in the upper chamber, which was approved by the Senate on a vote of 26-3 with two senators “present not voting.” As an updated version of the bill progressed through the Senate and ultimately reached a conference committee, ATPE continued to work to keep merit pay and other negative provisions out of the final bill.

State leaders announced on May 23, 2019, that a deal on HB 3 and other key legislation had been reached. Known as the Texas Plan, the final version of HB 3 as passed by the House and Senate now awaits the Governor’s signature as of our writing of this report. It is important to note that the final bill includes approximately $5.2 billion for property tax compression in addition to the $6.2 billion for school resources, and it reduces school districts’ vulnerability to recapture.

In its final form, HB 3 also makes a number of education policy changes that fall outside the scope of traditional school finance legislation, addressing such topics as the creation of a “do not hire” registry for educators who have been accused of misconduct and requiring teachers to demonstrate proficiency in the science of teaching reading. Fortunately, HB 3 as finally passed does not rank educators across or within districts and expressly prohibits compensation being tied to testing in local teacher designation systems. The bill also does not tie school funding to students’ third grade reading scores.

Read more about the major changes to school finance and education policy that are contained in HB 3 in this detailed ATPE blog post about the omnibus bill here on Teach the Vote.

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Educator Pay: 

Increasing educator compensation through plans that foster both retention and a robust workforce at every Texas public school was another ATPE legislative priority this session. We advocated for compensation plans that would allow for local flexibility, encourage educator input, involve factors more meaningful than students’ standardized test scores, and align with other efforts to promote and enhance the education profession.

Leading up to the November 2018 Texas elections and heading into this year’s legislative session, Lt Gov. Dan Patrick (R) made teacher pay a central tenet of his communications. During campaign messaging, he first promised educators a $10,000 pay raise before ultimately scaling back his plan to the $5,000 pay raise encapsulated in Senate Bill (SB) 3 by Sen. Jane Nelson (R-Flower Mound).

SB 3’s first high-profile hearing by the Senate Finance Committee coincided with the timing of ATPE at the Capitol, our lobby day event held every legislative session, and several ATPE members testified at the hearing. The Senate quickly passed the more than $4 billion bill out of the upper chamber within the first 60 days of session, after Gov. Abbott declared teacher pay to be another emergency item this year. SB 3 as passed by the Senate called for across-the-board pay raises for classroom teachers and librarians.

However, SB 3 stalled in the House as the lower chamber grappled with its larger school finance bill, HB 3. For its part, House members proposed smaller, state-funded, across-the-board pay raises at the district level that would cover all public school employees except administrators in their version of HB 3. Later in the session. SB 3-style pay raise language momentarily regained life in the Senate’s version of HB 3, but did not make it into the final version of the school finance bill. Ultimately, the combination of legislators opposed to across-the-board raises and the prioritization of property tax compression by state leaders, including Lt. Gov. Patrick, doomed the proposal for a $5,000 across-the-board teacher pay raise.

While it does not guarantee an across-the-board, state-mandated pay raise, the final compromise version of HB 3 does contain two significant provisions on educator compensation. The first requires districts to spend 30 percent of the new revenue they receive under HB 3 on compensation. Seventy-five percent of that portion must be spent on teachers, counselors, librarians, and nurses; with a prioritization of spending the money to increase compensation for classroom teachers with more than five years of experience. Districts are not required to give to every employee within this category an increase. The remaining 25 percent of the compensation carve-out may be spent on compensating other full-time staff who are not administrators. Additionally, districts likely can choose to spend these dollars on benefits such as insurance premiums in lieu of salary hikes.

HB 3 also allows districts to assign their teachers performance designations and draw down additional state funding for compensation based on the combination of a teacher’s designation and the student demographics of the campus in which they teach. The additional funding ranges from $3,000 to $32,000, depending on a teacher’s designation and other factors, but the total amount of money budgeted by the state for this program is only $140 million for the biennium, meaning that it may end up being limited to only a handful of districts. Based on the wording of HB 3, state funding under this program will flow to the districts rather than directly the individual teachers who may earn the designations, allowing districts substantial discretion in how they spend the additional money.

For more information on the compensation provisions found in HB 3 as finally passed, view our blog post about the bill’s details here on Teach the Vote.

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Teacher Retirement System (TRS):

ATPE had two legislative priorities for this session that were connected to the Teacher Retirement System (TRS). Our first priority was preserving educators’ pension benefits, which have remained largely stagnant for several years as a result of the legislature’s failure to inject more money into the system. This year, ATPE actively supported legislative efforts to preserve both the solvency and the defined-benefit structure of the TRS pension program. We also teamed up with Equable, a national nonprofit organization that advocates for pension plan sustainability, to jointly promote legislation that would address the TRS funding shortfall.

ATPE’s other TRS-related legislative priority was funding educators’ healthcare needs. We aimed to help the state and school districts provide active and retired public educators with more affordable and accessible healthcare benefits. With healthcare costs on the rise nationally, active and retired educators alike have seen their medical costs eat up an increasingly larger percentage of their take home pay or TRS annuities.

Retired teachers can rest a little easier knowing that the passage of Sen. Joan Huffman’s (R-Houston) SB 12 (pending the Governor’s signature, of course) will provide a much needed increase in contributions to TRS, making the fund actuarially sound and ensuring that the primary retirement income for many Texas educators will be viable for decades to come. Read more on the details of changes made to TRS, including the provision of a 13th check for current retirees, in this ATPE blog post for Teach the Vote.

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School Safety and Student Health: 

One of the most sweeping bills the legislature passed this session was SB 11 by Sen. Larry Taylor (R-Friendswood), which was aimed at improving school safety in the aftermath of the 2018 deadly school shooting in Santa Fe, Texas. School safety and mental health were among the issues that Gov. Abbott declared as emergency items for the 86th legislative session, following round-table discussions his office held with stakeholders, including ATPE state officers, during the interim.

Although SB 11 and a related mental health bill, SB 10, took a meandering path through the session, legislators ultimately placed a specific focus on improving students’ mental health and assigning specialized teams at each campus to identify individuals who may pose a threat to themselves or others. The bill’s largest component sends $100 million to school districts over the next two years through a school safety allotment for use on facilities and security programs. Read the rest of what SB 11 does in this ATPE blog post for Teach the Vote.

Other school safety-related bills that were passed this session include HB 1387 by Rep. Cole Hefner (R-Mt. Pleasant), which removes caps on the number of school marshals who can serve a public or private school, and HB 2195 by Rep. Morgan Meyer (R-Dallas), which requires that a school district’s multihazard emergency operations plan include a policy on responding to an active shooter situation. Freshman Sen. Beverly Powell (D-Ft. Worth) also passed a bill that pertains to the information law enforcement officials are required to share with school districts when a student is arrested. Her SB 2135 helps superintendents and school boards work together with law enforcement  agencies to exchange information that can be used to conduct a threat assessment or prepare a safety plan related to a student who may pose a threat.

Another noteworthy bill that passed this session and could be directly attributed as a reaction to recent school shootings was HB 496 by Rep. Barbara Gervin-Hawkins (D-San Antonio). It sets forth protocols for the provision and use of bleeding kits in public schools, as well as training of students and staff to respond to traumatic injuries.

A couple of education-related bills were passed this session that aim to prevent or respond to the growing problem of child sex trafficking. HB 111 by Rep. Mary Gonzalez (D-Clint), calls for school district employees’ training to include recognizing the signs of sexual abuse and sex trafficking of children with significant cognitive disabilities. HB 403 by Rep. Senfronia Thompson (D-Houston) similarly requires superintendents and school board trustees to undergo training in identifying and reporting sexual abuse, human trafficking, and other maltreatment of children.

Lawmakers also approved bills this session that address students’ mental health, HB 18 by Rep. Four Price (R-Amarillo) is a bill that grew out of interim recommendations and strives to help school employees be aware of and provide interventions for students with mental health challenges, substance abuse, or a history of trauma. HB 19, also by Rep. Price, requires mental health professionals in each Education Service Center (ESC) region to provide training and resources to help address public school students’ mental health. Additionally, Rep. Todd Hunter’s (R-Corpus Christi) HCR 137 designates the month of September as Suicide Prevention Month for the next 10 years. Also, SB 435 by Sen. Jane Nelson (R-Flower Mound) requires local school health advisory councils to recommend appropriate opioid addiction and abuse curriculum that can be used by the school district.

Finally, there are some student health-related bills that passed and are worth mentioning. This session Rep. Dan Huberty (R-Kingwood) finally passed HB 76, a bill he has carried for several sessions aimed at providing student athletes access to cardiac assessments before they participate in certain activities sponsored by the University Interscholastic League (UIL). Rep. Travis Clardy (R-Nacogdoches) also passed HB 684 enabling school nurses and other trained public school employees to provide assistance to students with seizure disorders. Likewise, HB 2243 filed by physician and Rep. Tom Oliverson (R-Houston) aims to help school nurses administer asthma medication to certain students. SB 869 by Sen. Judith Zaffirini (D-Laredo) calls for an ad hoc committee to consult with the commissioner of education on updating guidelines for the care of students with food allergies who are at risk for anaphylaxis.

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Student Testing:

A handful of bills pertaining to student testing are on their way to the governor’s desk as of our writing of this report. Sen. Kel Seliger’s (R-Amarillo) bill to continue Individual Graduation Committees (IGCs), SB 213, has already been signed into law by Gov. Abbott. The ATPE-supported bill originally aimed to make the IGC law permanent, but its final version simply extends the sunset date for the law to September 1, 2023, making it ripe for consideration again during the 2021 or 2023 legislative session.

The largest testing bill that passed this session is HB 3906 by Rep. Dan Huberty (R-Kingwood), which makes a variety of changes to how state assessments are administered and the content of the tests. Additionally, HB 1244 by Rep. Trent Ashby (R-Lufkin) changes the end-of-course exam for U.S. History to include 10 questions from the civics test used in the naturalization process; and HB 1891 by Rep. Lynn Stucky (R-Denton) will allow those who reach a required score on high school equivalency exams to be exempt from taking the Texas Success Initiative assessment.

Read more about these bills and others pertaining to testing in this ATPE blog post for Teach the Vote.

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Special Education:

During the interim, special education advocates worked diligently on the state’s Special Education Strategic Plan and Corrective Action Response, which was ordered by the U.S. Department of Education (ED) due to Texas’s artificial 8.5% cap on special education enrollment. Advocates also worked with the Texas Commission on Public School Finance last year, carrying legislators into the session with renewed energy for special education reforms.

To invigorate everyone even more, news broke just before session that our state faced penalties from ED due to the Texas Education Agency’s failure to maintain “state financial support” under the Individuals with Disabilities Education Act (IDEA). Essentially, the state spent $33.3 million less on special education in 2012 than in the year before, and thus, Texas was being assessed a $33.3 million financial penalty by ED. Unfortunately, the state has continued this trend, and it is now estimated that the federal penalty will reach $233 million.

Legislation passed this session hopes to address this issue going forward. The funding changes in the major school finance bill, HB 3, and under the state’s supplemental appropriations bill, SB 500 by Sen. Jane Nelson (R-Flower Mound), should help address Texas’s issue with maintenance of financial support. HB 3 raises the mainstream weight from 1.1 to 1.15; creates a new dyslexia weight of 0.1; and establishes a special education allotment advisory committee. SB 500, the supplemental budget, includes over $219 million to settle maintenance of financial support costs and prevent future penalties.

Other bills will impact special education beyond funding, such as HB 165 by Rep. Diego Bernal (D-San Antonio), which will allow students in special education programs to earn high school endorsements on their transcripts, and SB 139 by Sen. Jose Rodriguez (D-El Paso), which will provide parents with clearer notice on special education rights, including information related to evaluation and eligibility. Additionally, SB 522 by Sen. Judith Zaffirini (D-Laredo) improves the development of individualized education programs (IEPs) for students who are visually impaired, and SB 2075 by Sen. Angela Paxton (R-McKinney) aims to improve school districts’ compliance with dyslexia screening and parental notification.

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Payroll Deduction:

Protecting educators’ right to use payroll deduction for the voluntary payment of their professional association dues was another ATPE priority for 2019. In 2017, ATPE and other groups that represent public employees fought off vigorous, politically motivated efforts to repeal the payroll deduction statute, with the issue being named a top priority of Lt. Gov. Dan Patrick and even being added to Gov. Greg Abbott’s list of urgent issues that he felt necessitated a special session that summer. Those efforts failed last session, and ATPE was prepared to fight any similar legislative efforts this session.

Despite frequent pleas from far-right groups like Empower Texans and the Texas Public Policy Foundation to compel the 86th Texas Legislature to do something about the “union dues” issue, ATPE is pleased to report that not a single bill was filed this year aiming to eliminate payroll deduction for educators. There were some efforts in the final days of the session to try to amend language onto other bills that could prevent public employees from using payroll deduction, but those efforts failed.

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Class Sizes:

Early in the session, the House Public Education Committee heard HB 1133 by Rep. Jonathan Stickland (R-Bedford). This bill would have changed the current hard cap of 22 students in a single elementary grade classroom to a campus-wide, grade-level average, having the effect of allowing class sizes to dramatically expand. ATPE strongly opposed this bill, but it was unfortunately voted favorably out of the committee. After weeks of inaction on the bill, the language from HB 1133 was abruptly amended as a House floor amendment onto one of Rep. Huberty’s school accountability bills, HB 3904. The next day, this language was stripped from HB 3904 following a third-reading amendment by Rep. Chris Turner (D-Grand Prairie). What followed was quite extraordinary. Within hours, HB 1133 was added to a floor calendar and set to be voted on by the full House. Rep. Stickland postponed a vote on the bill three times, and when he finally allowed for a vote, the House defeated HB 1133 by a vote of 44 yeas and 97 nays. For more about the debate and to find out how your legislator voted on HB 1133, check out our coverage here on the Teach the Vote blog. ATPE thanks those who called their legislators and helped us oppose this bill in order to protect class-size limits, which are part of ATPE’s member-adopted legislative program.

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Private School Vouchers:

ATPE’s final legislative priority for the 86th legislative session was opposing the privatization of public schools through programs such as vouchers, scholarships, tax credits, education savings accounts, or allowing private entities to take over the authority and accountability vested in locally elected school boards. During the 2017 legislative sessions, private school vouchers were a top priority for Lt. Gov. Dan Patrick, and voucher legislation easily passed the Texas Senate only to be stalled in the House. The House members’ unambiguous opposition to vouchers last session, combined with the strong statement made in 2018 by educators showing up in higher numbers at the polls, dissuaded lawmakers and even state leaders from pushing a voucher priority this year. ATPE is happy to report that no major private school voucher bills like the ones filed last session were heard in committee this time around.

There were a handful of bills considered this session that ATPE and others deemed to be virtual voucher bills. The primary bill in this group was SB 1455 by Sen. Larry Taylor (R-Friendswood). SB 1455 would have eliminated statutory limitations on a student’s ability to demand access to more than three virtual school courses in a semester. The bill also called for expanding the number of full-time virtual school programs and access to those programs for students in grades K-2. Virtual school programs while accessed through a school district or charter school are operated almost exclusively by private, often for-profit, providers. Research has consistently shown that such full-time programs do a poor job of educating students compared to traditional brick-and-mortar schools, but they are a source of large profits for the providers at the expense of taxpayers. Other similar bills were filed this session by Sens. Donna Campbell (R-New Braunfels) and Bob Hall (R-Edgewood). Thankfully, all of these ATPE-opposed virtual school expansion bills failed to make it out of the House Public Education Committee this session.

Although not technically a “voucher” bill, ATPE believes it is worth mentioning this session’s version of the so-called “Tim Tebow” bill. Session after session, lawmakers have filed bills named in honor of the famous athlete who was home-schooled. The bills attempt to force public schools to allow home-schooled students to participate in their activities through the University Interscholastic League (UIL). The latest iteration was HB 1324 by Rep. James Frank (R-Wichita Falls), which ATPE opposed based on our member-adopted legislative program. During its hearing by the House Public Education Committee, ATPE submitted written testimony against HB 1324, expressing our concern that there was no assurance under the bill that home-schooled students would be required to meet the same prerequisites for UIL participation as public school students. The bill was expected to be brought up for a committee vote a couple weeks later, but was left off of the vote list, likely in response to growing opposition to HB 1324. ATPE appreciates the members, educators, parents, coaches, and other stakeholders who called their legislators to oppose this bill.

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Charter Schools:

In the previous regular legislative session of 2017, charter schools walked away with $60 million in first-time state facilities funding and the ability to operate school district campuses and receive financial benefits through “1882 partnerships,” a reference to the enabling legislation, SB 1882 (2017). While charter school legislation did not take center stage this session, several bills affecting charter schools are headed to the governor’s desk.

Some bills that passed this session have the effect of treating charters in the same manner as traditional public schools. HB 109 by Rep. Armando Martinez (D-Weslaco) prohibits charters from operating on Memorial Day; HB 2190 by Rep. Todd Hunter (R-Corpus Christi) allows children of charter school employees to attend their parents’ school; and SB 372 by Sen. Donna Campbell (R-New Braunfels) allows charter governing bodies to employ security personnel, commission peace officers, and enter into agreements with law enforcement to assign school resource officers. Additionally, SB 2293 by Sen. Pat Fallon (R-Prosper) subjects charter school employees to the same collective bargaining and anti-striking laws as all other public school employees. SB 2293 also creates a common application for charter school admission and a requirement that the Texas Education Agency (TEA) maintain and report on the nebulous “charter waiting list” often cited by charter school proponents as justification for their further expansion.

While the above-referenced bills do bring some parity between charters and traditional public schools, ATPE also supported several bills this session that would have had an even greater impact but did not pass. For instance, HB 43 by Rep. Gina Hinojosa (D-Austin) would have prohibited charters from using exclusionary admission policies based on students’ discipline history, and HB 1853 by Rep. Leo Pacheco (D-San Antonio) would have required charter schools to employ certified teachers.

Other bills that passed this session will impact charter school finance and expansion. The previously discussed omnibus school finance bill, HB 3, affects charter school funding, including requiring charters to pay their fair share into TRS and removing the charter benefit of the small and midsize adjustment. SB 668, a mandate relief bill by Sen. Bryan Hughes (R-Mineola), allows charters to submit an expansion approval request up to 18 months before expanding and requires that charters notify school superintendents affected by the expansion. Unfortunately, this is a pared-down version of stricter notification requirements that were included in the bill as it left the House. Other related bills that passed include HB 4258 by Rep. Jim Murphy (R-Houston), which provides the attorney general with the sole authority to approve the tax-exempt status of charter school bonds, nixing the authority of municipalities. Lawmakers also approved SB 2117 by Sen. Paul Bettencourt (R-Houston), which provides the financial benefits of 1882 partnerships to previously established partnerships in Spring Branch ISD and Aldine ISD that were formed prior to the final implementation of SB 1882. Lastly, SB 1454 by Sen. Larry Taylor (R-Friendswood) improves the transparency of the sale, lease, and disposition of closed charter schools and their assets.

A couple of other charter-related bills passed the legislature, including HB 4205 by Rep. Tom Craddick (R-Midland), which allows for large charter operators to repurpose a closed public school district campus with the requirement that the same students who were at the campus before it was closed be admitted. Finally, HB 1051 by Rep. Gary VanDeaver (R-New Boston) makes permanent the Goodwill Excel Center, an adult high school diploma and industry certification charter school pilot program, and codifies its best practices.

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Student Discipline:

Legislators also passed several bills related to student discipline this session. HB 3630 by Rep. Morgan Meyer (R-Dallas) and SB 712 by Sen. Eddie Lucio, Jr. (D-Brownsville) are identical bills prohibiting the use of “aversive techniques,” which are described as techniques or interventions intended to inflict pain or emotional discomfort. This includes sprays, electric shocks, using a device to restrain all four extremities, and denial of the ability to use the restroom. Teacher organizations worked with the bill authors to ensure that this legislation would not prevent an educator from using a technique outlined in a student’s behavioral intervention plan (BIP) or from removing a student from class when necessary.

Regarding the removal of students, SB 2432 by Sen. Larry Taylor (R-Friendswood) adds criminal harassment against a district employee to the list of conduct that will result in a student’s automatic removal from a classroom. This would mandate that a student who threatens a teacher or sends them harassing electronic communications is immediately removed from class. Another bill also by Sen. Taylor, SB 1451, states that negative action may not be taken against an educator solely on the basis that the teacher made disciplinary referrals or documented student misconduct. ATPE supported these bills.

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School Turnaround:

Lawmakers spent considerable time this session discussing ways to improve student performance at public schools that are struggling under the state’s accountability system. Finding a programmatic “fix” that will dramatically improve performance in a reasonably short period of time, and in particular, one that is capable of being replicated, has long been an elusive goal of state and local policymakers and many education reformers. The latest attempt is called the “Accelerated Campus Excellence” (ACE) approach. The program, which began in Dallas ISD and has spread to a handful of other districts mostly in the DFW metroplex, has shown some promise and caught the attention of lawmakers when it was discussed during interim hearings of the Texas Commission on Public School Finance last year.

In a nutshell, ACE consists of a robust set of wraparound services for students at a persistently struggling campus, along with salary incentives and additional training for the teachers at the campus. The program utilizes a campus reconstitution approach, where a principal, often new to the campus, assembles a team of educators, some of whom are already teaching at the campus but many of whom are new. Many aspects of ACE mirror initiatives that ATPE has long advocated, such as using financial incentives to entice high-quality, often more experienced, educators to work at hard-to-staff campuses; offering robust mentoring and professional development; and providing students with robust wraparound supports. Unfortunately, the high cost of both the educator stipends and the wraparound services has made the longer-term sustainability of an ACE program questionable.

Several bills this session included provisions that would add ACE program language to state law, including both the House and Senate versions of HB 3. Regrettably, most of the provisions included in such bills featured heavy reliance on students’ standardized test performance data, including the use of STAAR data, to select educators for ACE campuses; provisions that rank teachers competitively by district or statewide, again based largely on student performance; and giving the appointed commissioner of education extreme control over the programs and their approval.

Ultimately, the ACE provisions were removed from HB 3, the omnibus school finance bill. However, the legislature did also pass HB 4205 by Rep. Tom Craddick (R-Midland) which had been amended with language from another stand-alone ACE bill, SB 1412 by Sen. Charles Perry (R-Lubbock). HB 4205 as finally passed contains a watered down and unfunded provision that allows districts, subject to commissioner approval, to use a version of ACE as a turnaround plan for a multi-year IR campus under Section 39.105 of the Texas Education Code.

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Political Speech:

In addition to advancing pro-public education legislation, ATPE worked to stop proposals this session that would have hindered the ability of our schools, teachers, and students to receive the best education possible. Specifically, ATPE worked to block SB 1569 by Sen. Pat Fallon (R-Prosper) and SB 904 by Sen. Bryan Hughes (R-Mineola). These bills would have had the combined effect of subjecting educators to extensive restrictions on political speech that go far beyond those that apply to any other group of public employees. Under these bills, teachers would have faced criminal penalties for all kinds of innocuous activities, including break room conversations of a political nature and teaching students about civic engagement as required by the Texas curriculum standards. Neither bill made it all the way through the legislative process.

ATPE also opposed SB 9, another controversial bill by Sen. Hughes that would have significantly increased the criminal penalties for mistakes made by voters, decreased voter privacy, and made voter registration more difficult. The Senate passed SB 9 on a party line vote, but the measure stalled in the House late in the session where it could not make it onto a calendar for floor consideration.

Another pair of bills that were of concern to some education groups were SB 29 by Sen. Bob Hall (R-Edgewood) and HB 281 by Rep. Mayes Middleton (R-Wallisville), aimed at preventing public entities from hiring lobbyists or paying dues to associations that lobby the legislature. While it is difficult to speculate what impact those bills might have had on groups like ATPE that do not receive their dues dollars from public entities, there is no question that weakening the ability of local schools to communicate their needs to the legislature was one of the authors’ goals. Fortunately, a deluge of messages from public education supporters all over Texas helped convince legislators to reject the bill in a major late-session vote on the House floor on May 20.

It is widely believed that these bills were filed in response to pressure from certain anti-public education groups reacting to the overwhelming pro-public education sentiment expressed by many voters in the most recent elections. Some of these bills came perilously close to becoming law, and ongoing advocacy by educators during the legislative session was among the key determining factors in preventing them from making it to the governor’s desk.

Indeed, if there is a single takeaway for the education community following the 2019 legislative session, it is reinforcement of the fact that political participation by educators is essential for the defeat of anti-public education bills. Stated differently, the engagement of educators in every election cycle and through grassroots communications with their elected officials, especially during a legislative session, is what produces successful outcomes for public education. ATPE thanks all those who helped prioritize the needs of public schools, educators, and most importantly, students during this 86th legislative session.

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Session Recap: The big school safety bill

One of the largest education-related bills the 86th Texas Legislature passed was Senate Bill (SB) 11 by Sen. Larry Taylor (R-Friendswood), the omnibus school safety bill passed in the wake of the tragic school shooting in Santa Fe, Texas, in May 2018.

The final version of the ATPE-supported SB 11 contained a number of provisions, the most important of which is a school safety allotment, which may be used for a wide variety of purposes, including securing facilities, purchasing security technology, hiring security personnel, and providing training. According to the fiscal note, the allotment is expected to provide an additional $9.72 per student in average daily attendance (ADA) at a cost of roughly $100 million over the next two years. The other major provisions of SB 11 are as follows:

MULTIHAZARD EMERGENCY OPERATIONS PLANS

  • Each district’s multihazard emergency operations plan must include measures to ensure employees have classroom access to direct communications with emergency personnel, and the district’s communications infrastructure must be adequate to allow for communication during an emergency.
  • A multihazard emergency operations plan must include a chain of command, provisions that address physical and psychological safety, provisions ensuring the safety of students in portable buildings and people with disabilities, provisions for providing immediate notification to parents of a significant threat, training and strategies for suicide prevention, and implementation of trauma-informed policies.
  • If a district does not comply with the requirements for its multihazard emergency operations plan, the school board must hold a public hearing. The commissioner may also appoint a conservator or board of managers to order the district to put a plan in place. If the district refuses, the conservator or board of managers may take over the district.
  • Local school safety and security committees must include law enforcement and emergency management officials, provide periodic recommendations to update the district’s multihazard emergency operations plan, consult with local law enforcement regarding ways to increase law enforcement presence near district campuses, and hold regular public meetings.
  • The Texas School Safety Center (TSSC) may audit a district’s plan and must establish a regular review cycle.

THREAT ASSESSMENT & SAFE AND SUPPORTIVE SCHOOL TEAMS

  • Each district’s board of trustees must appoint a threat assessment team and a safe and supportive school team to serve at each campus to assess threats and to develop and implement a new safe and supportive school program developed by the Texas Education Agency (TEA) and the TSSC.
  • Teams must immediately report to the superintendent any determination that a person poses a threat to himself or others.
  • Teams must report demographic data back to the TEA regarding assessments and disciplinary actions.
  • TSSC must adopt model policies and procedures to assist districts in training threat assessment teams.

TEXAS CHILD MENTAL HEALTH CARE CONSORTIUM

  • The bill creates a new Texas Child Mental Health Care Consortium, established to leverage the expertise of institutions of higher education to address urgent mental health care challenges.
  • The consortium will establish a network of comprehensive child psychiatry access centers and expand telemedicine for identifying mental health needs.
  • The consortium will be funded using $99 million from state general revenue.

OTHER PROVISIONS

  • The commissioner of education must adopt rules regarding best practices for school district and charter school facilities that provide a secure and safe environment.
  • District improvement plans must include a trauma-informed care policy.
  • The commissioner must provide a waiver of operational and instructional time for a district that requires each educator to attend a school safety training course, provided that the waiver does not result in an inadequate number of minutes of instructional time for students or reduce operational and instructional time by more than 420 minutes.
  • Physical health, mental health, and suicide prevention are added to the Health curriculum.
  • The State Board of Education (SBOE) must require each district to incorporate instruction on digital citizenship and cyberbullying.
  • Suicide early warning signs, mental health, and identifying community resources for suicide risks and behavioral health concerns are added to the responsibilities of local school health advisory committees (SHAC).
  • A district that receives a bomb threat or terroristic threat must provide immediate parental notification.
  • The commissioner must adopt rules providing school evacuation procedures and designating school drills, including fire exit, lockdown, lockout, shelter-in-place, and evacuation drills.
  • The TEA must develop a rubric for use by the regional education service centers (ESC) in identifying local mental health resources. Each ESC must create an inventory of local resources and report it to the TEA.
  • The TEA must develop a statewide plan for mental health, which includes connecting people to local mental health resources. The plan must be used to revise the agency’s long-term strategic plan and progress must be reported to the legislature.
  • Districts may issue bonds for retrofitting vehicles for safety or security purposes.

Full implementation of SB 11 will require multiple entities to work in coordination with each other and districts, as well as what will likely be significant rulemaking to implement aspects of the law.

With the legislative session clock ticking, major education bills remain pending

Four days remain in the regular session of the 86th Texas Legislature, and significant deadlines for bills attach to each day that passes.

On Tuesday night, the House worked actively until the midnight hour, which was the deadline for Senate bills to be passed on second reading in order to stay alive. (The deadlines for House bills to make it out of the lower chamber and be sent over to the Senate already passed earlier this month.) This week’s related deadline for passing Senate bills on third reading and final passage on Wednesday night was less dramatic, with House members wrapping up their business by about 7 pm. Over on the other side of the capitol, the Senate worked late into the night last night to catch up and get a number of House bills passed on second and third reading.

Among the bills that survived this week’s deadlines was the ATPE-supported Senate Bill 11, containing a number of school safety and mental health initiatives that were a top priority for the governor this session. Read more about that bill’s curious journey through the legislative process here.

The deadlines hitting this week signal that the overwhelming majority of the thousands of bills filed this session are dead (for the most part), leaving only those bills that have been approved in some form by both the House and Senate. If both chambers have approved a bill in the same form, then the bill is enrolled and sent to the governor. The process is trickier for bills that get amended in different ways by the House or Senate. Each chamber will spend the next couple of days examining their bills that have come over from the other chamber with amendments and deciding what to do with them. The author of each bill can move to concur with the changes made by the other chamber, or can request the appointment of a conference committee to negotiate a final version of the bill. Friday, May 24, is the last day for House members to make such decisions.

Some of this session’s most important bills, especially relating to public education and ATPE’s legislative priorities, remain pending in conference committees at this point. These include the budget, a bill to increase contributions to the Teacher Retirement System (TRS), and a major school finance and reform bill that has dominated the conversations this session.

  • For House Bill 3, the school finance bill, senators and state representatives have taken very different approaches on how to tackle the issue of educator pay. With Speaker of the House Dennis Bonnen repeatedly proclaiming “the time is now” for school finance reform, the House approved HB 3 with an across-the-board pay raise for all school district employees except administrators. Under the leadership of Lt. Gov. Dan Patrick, the Senate has favored a larger pay raise for teachers and librarians only, and senators also included in their version of HB 3 a controversial merit pay plan that has been pushed hard by Commissioner of Education Mike Morath. The conference committee for HB 3 also must grapple with differing views on how to help school districts generate sufficient funds for their operations while also facilitating property tax relief to homeowners.
  • The TRS bill, Senate Bill 12, is designed to increase state funding for the educators’ pension fund and give current retirees a 13th check, but its final language largely depends on how much money is available to achieve those goals. That decision hinges on what happens with HB 3 to address the state’s larger school finance needs.

A press conference scheduled for this afternoon by the governor, lieutenant governor, and house speaker may provide insight on the progress of these conference committees.

Sunday, May 26, is the very last day that lawmakers can vote on conference committee reports, which contain the negotiated versions of those bills. The pressure is on those legislators appointed to conference committees to work out agreements between the House and Senate language of these bills. In some cases, conference committees may add entirely new language to the bill and can ask the House and Senate to approve a motion to go “outside the bounds” of the original legislation. Even for the bills that make it all the way through the legislative process, there is another waiting period in which the governor can decide whether to exercise his veto authority. June 16 is the deadline for the governor to act.

The takeaway is that we still have a few days left to wait and see what, if any, compromises are struck on major bills like House Bill 3 and Senate Bill 12. Stay tuned to our Teach the Vote blog for updates and follow us on Twitter for major developments in these final days of the session.

Senate Education Committee wraps up regular hearings

The Senate Education Committee met Thursday, May 16, to hold what is expected to be its last meeting to consider new legislation. The committee will continue to hold formal meetings as necessary for the sole purpose of voting out bills that have already been heard. Members heard testimony on the following bills:

  • HB 961, which would require that school districts and charters that employ a school nurse place the nurse on the concussion oversight team upon the nurse’s request. Nurses on these teams must then take a concussions training course every two years to be on the team.
  • HB 2778, which would update the local bracket to a joint election agreement in Rep. Tracy King’s (D-Batesville) district regarding election expenses.
  • HB 2818, which would remove the requirement that an online dropout recovery program establish satisfactory requirements for monthly progress. The bill states that online dropout recovery programs are not subject to minutes of instructions and calculations of average daily attendance (ADA) and would create new requirements for how ADA will be calculated.
  • HB 3012, which would require that school districts provide students an alternative means of instruction for the classes the student misses while in in-school suspension (ISS) or out-of-school suspension (OSS). The bill states that at least one option should not require the use of the internet. The committee substitute for this bill reduces this requirement to apply only to core courses.
  • HB 3650, which would require the district and institution of higher education to consider the use of free or low-cost open educational resources in courses offered under an agreement to provide a dual credit program to high school students.
  • HB 496, which would require school districts and charters to develop and implement a bleeding control kit program. The version passed by the House incorporates changes ATPE recommended to strengthen educators’ immunity from liability.
  • HB 663, which would require the State Board of Education (SBOE) to review and revise the Texas essential knowledge and skills (TEKS) for the foundation curriculum.
  • HB 769, which would require a school board to receive approval from the commissioner for any severance payment to a superintendent who has been terminated based on malfeasance. The committee substitute for the bill clarifies the definition of malfeasance and removes retroactive reporting.
  • HB 974, which would change the cycle of the safety and security audit to two years from three and require districts to check the ID of a person who is coming to the school for a non-public event. Current law leaves checking IDs for non-public events up to districts.
  • HB 1388, which adds indicators of post-secondary readiness to the accountability system. In the student achievement domain, for high school campuses and districts with high school campuses, the bill provides for a measure of students (rather than a percentage of students) who successfully complete an SBOE-approved practicum or internship and students who successfully complete a coherent CTE sequence. ATPE supports this bill.
  • HB 1906, which would allow a parent of a student with severe cognitive disabilities to request that the child be exempted from required assessments. This bill was amended on the House floor to add a section on evaluating specialized support campuses. For a campus in which at least 90 percent of students receive special education services, the bill would require the commissioner, in consultation with administrators, teachers, parents, and guardians, by rule to establish accountability guidelines for a specialized support campus in developing an alternative accountability program.
  • HB 2184, which would create collaborative policies for improving a student’s transition from an alternative education setting back to the regular classroom. A committee substitute for the bill clarifies that teachers who implement the transition plan are included on the planning committee. ATPE supports this bill.
  • HB 2511, which would require campus improvement plans to include goals and methods for bullying prevention and dropout deterrence, including providing teacher continuing education and materials or training for parents. ATPE supports this bill.
  • HB 3435, which would establish March 1 as Texas Girls in STEM Day.
  • HB 3511, which would create a commission on the Texas workforce of the future. The commission would be established to engage business, state agencies, and local workforce system partners in the efforts of state and local authorities to build the state’s workforce talent pipeline, which includes providing data regarding college and career readiness, workforce credentials, and degree programs. The commission would be required to make recommendations to the legislature, including statutory changes, in order to improve alignment between workforce stakeholders and public schools and higher education, expanding the adult high school and industry certification charter school program, and encourage long-term collaboration between public education, higher education, and industry.
  • HB 3630, which would prohibit a teacher from using “aversive techniques” on a student with a disability receiving special education services.
  • HB 3884, which would transfer duties relating to providing bacterial meningitis information from TEA to the Department of State Health Services. The bill repeals a section of law referring to TEA’s duty to consult with the Texas Department of Health in prescribing the content of information given to students and to establish an advisory committee.
  • HB 4258, which would transfer bond approval for charter schools to the attorney general and requires approval if the guidelines are met.
  • HB 4388, which would require SBOE and the School Land Board (SLB) to share investment information with each other and require SLB to contribute to a newly-created liquid permanent school fund (PSF) account over which the SBOE would have control.

The Senate Education Committee also adopted a committee substitute for HB 3906 today that included the language from the Senate’s version of HB 3 that deals with the STAAR test. This includes provisions that would consolidate reading and writing exams in grades four and eight, cap multiple choice questions, and allow the STAAR to be split over multiple days, among others. Chairman Larry Taylor (R-Friendswood) explained that this language would be coming out of HB 3, which is currently in a conference committee to work out differences between the House and Senate versions, in order to address the topic in a separate, standalone bill like HB 3906.

The committee also voted to advance the following bills to the full Senate:

  • HB 496, which was heard earlier in the day. Sens. Paul Bettencourt (R-Houston) and Bob Hall (R-Edgewood) voted against the bill.
  • HB 548, which would require that districts and charters report through the public education information management system (PEIMS) various truancy information, including students subject to compulsory attendance requirements, children who fail to enroll or fail to attend without an excuse for 10 or more days within a six-month period, etc.
  • HB 680, which would require the Texas Education Agency (TEA) to coordinate with the Texas Workforce Commissioner (TWC) on efforts to improve pre-K quality, and assign a PEIMS number to track children under age six enrolled in the commission’s child care program. The bill would allow local workforce development boards to contract with area child care providers to provide subsidized child care services. Sens. Bettencourt, Hall, and Bryan Hughes (R-Mineola) voted against the bill.
  • HB 769, which was heard earlier in the day.
  • HB 961, which was heard earlier in the day.
  • HB 1051, which would continue the Excel Goodwill Charter. ATPE supports this bill.
  • HB 1131, which would create the “Texas Public Finance Authority” to act as a paying agent under current law for the guarantee and payment of bonds. School districts would also be able to borrow money from the new authority. Sens. Bettencourt, Hall, and Angela Paxton (R-McKinney) voted against the bill. Sen. Royce West (D-Dallas) registered as present, not voting.
  • HB 2184, which was heard earlier in the day.
  • HB 2210, which states that students who receive residential services in a state hospital will not be considered in the accountability rating of the district or campus that the hospital is located in if their parent does not reside in the district. ATPE supports this bill.
  • HB 2778, which was heard earlier in the day.
  • HB 3012, which was heard earlier in the day.
  • HB 3435, which was heard earlier in the day.
  • HB 3511, which was heard earlier in the day. Sen. Hall voted against the bill. Sens. Bettencourt and Hughes registered as present, not voting.
  • HB 3630, which was heard earlier in the day.
  • HB 3650, which was heard earlier in the day.
  • HB 3884, which was heard earlier in the day.
  • HB 4205, which would allow repurposed campuses to be operated in partnership with certain nonprofits that have a successful record of operating a campus or charter. This bill was amended on the House floor to include ACE campus turnaround language. ATPE opposes this bill because it would create a statewide campus turnaround plan that includes elements that could tie a teacher’s evaluation to student test scores.
  • HB 4258, which was heard earlier in the day. Sen. West registered as present, not voting.
  • HB 4310, which would require districts to allow teachers sufficient time to teach a given curriculum and states that districts may not penalize a teacher for failing to follow the scope and sequence timeline if the teacher determines that the students need more learning time.
  • HB 4388, which was heard earlier in the day.
  • HB 663, which was heard earlier in the day.
  • HB 3906, which was heard earlier in the day.
  • HB 974, which was heard earlier in the day.
  • HB 4342, which would change the composition of the board of directors of the Texas School Safety Center to include a professional architect and three rather than two members of the public.
  • HB 76, which would allow parents the option of participating in an echocardiogram (ECG) or electrocardiogram (EKG) screening program for any student participating in a University Interscholastic League (UIL) activity that currently requires a physical examination. School districts would be required to provide information about the availability of the tests and would able to partner with a nonprofit to provide the service or could pay for the service themselves. Sens. Bettencourt, Donna Campbell (R-New Braunfels), Pat Fallon (R-Prosper), and Hall voted against the bill.

House Public Education Committee hears 31 bills on playgrounds, pre-K, and more

House Public Education Committee meeting, April 23, 2019

On Tuesday, April 23, 2019, the House Public Education Committee heard 31 bills relating to a variety of topics, including the use of school counselors’ time, special education evaluation notices, the role of the fine arts curriculum, and creating inclusive playgrounds that are accessible to all students.

ATPE supported several bills considered at the hearing, including:

  • House Bill (HB) 142 (Moody, D-El Paso): Would require TEA to develop a notice for distribution and internet posting that includes reporting changes for special education indicators and the rights of children to special education evaluation. Would also require districts to include additional information on the notice about initiating a referral for special education services. Rep. Moody stated that there is money set aside in the proposed state budget to accomplish the goals of his bill.
  • HB 727 (Gonzalez, M., D-Clint): Would require that school boards adopt a policy requiring school counselors to spend at least 80% of their time on core counseling duties. If the district can’t meet this requirement, the policy must include reasons why, duties the counselor will have to do, and set the actual percentage in the policy.
  • HB 1763 (Blanco, D-El Paso): Would add children of educators employed by school districts to the eligibility list for free pre-kindergarten.
  • HB 4030 (Dominguez, D-Brownsville): Would provide funding for school districts to provide at least one playground in the district that is inclusive and accessible for students with disabilities.
  • HB 4414 (Allison, R-San Antonio): Would require TEA to develop a rubric for Regional Education Service Centers (ESCs) to use for identifying resources related to student mental health. ESCs would be required to use the rubric and report back to TEA. TEA would also have to create a statewide inventory of mental health resources and a statewide plan for student mental health.

During Tuesday’s hearing, ATPE also provided written testimony against HB 3623 by Rep. Matt Schaefer. The bill would affect teachers employed under continuing contracts, making them eligible to stay in their jobs only if the majority of their students meet a “minimum growth standard” to be determined by the district and approved by the Commissioner. ATPE testified that HB 3623’s reliance on an unspecified “minimum growth standard” hints at the use of value-added modeling (VAM), which has been widely criticized as a tool that improperly uses students’ standardized test scores for high-stakes purposes. ATPE also pointed out that many teachers do not teach tested subjects or grades. ATPE’s testimony also questioned what the due process protections would be for affected teachers whose students do not meet the standard. In the hearing, Rep. Schaefer faced questions from Reps. Allen, Gonzalez, and Talarico on the vagueness of what “growth” means in the bill and on the importance of other non-academic factors. Read ATPE’s written testimony on HB 3623 here.

The following bills were also heard by the House Public Education Committee on Tuesday:

  • HB 535 (Neave, D-Dallas): Would require students to complete the Free Application for Federal Student Aid (FAFSA) or Texas Application for State Financial Aid (TAFSA), in order to graduate, with some exceptions. Rep. Neave noted that this was recommendation #27 in the Texas Commission on Public School Finance final report issued last year.
  • HB 2217 (Raymond, D-Laredo): Would provide that school boards do not have to hear complaints concerning parent participation in extracurricular activities that do not involve a violation of a right.
  • HB 2526 (Leach, R-Plano): Would enable students whose parent(s) reside within the school district to be granted automatic admission. Rep. Leach shared that this bill would fix the predicament of his constituent who had the district boundary line in her backyard.
  • HB 3005 (Talarico, D-Round Rock): Would open college preparatory math and English language arts courses to 11th graders who demonstrate that they would otherwise be unable to take it in their 12th grade year and complete the requirements for high school graduation. Rep. Talarico said the bill was requested by Pflugerville ISD.
  • HB 3025 (Talarico, D-Round Rock): Would allow districts or schools to provide parents with a facilitated meeting with the school counselor regarding accepting or declining a special education evaluation on behalf of the student, should the parent dispute the referral. Rep. Talarico said this bill was brought to him by special education advocates.
  • HB 3026 (Talarico, D-Round Rock): Would require that school districts with 400 or more students have a ratio of 400:1 students to behavioral health professionals (which includes school counselors, licensed specialists in school psychology, social workers, and licensed professional counselors). The bill also outlines duties of the mental health professional within the school setting.
  • HB 3153 (Raymond, D-Laredo): Would allow a nepotism exception for a teacher in a subject or geographic area certified as a critical shortage area.
  • HB 3179 (Stucky, R-Denton): Would require the Commissioner to adopt rules to allow districts to submit information in the Public Education Information Management System (PEIMS) on the cost of assessments, including administration, participation, preparation, and training.
  • HB 3316 (White, R-Hillister): Would expand the campus crime stoppers program by adding school districts and charters to the entities that a crime stoppers organization reports to, as well as adding threats to public safety or an individual to the activities that the crime stoppers report on. This bill would also add a student advisory member to the program.
  • HB 3344 (Bucy, D-Austin): Would add fine arts to the required foundation curriculum. Rep. Bucy stated that students in fine arts have better educational outcomes.
  • HB 3452 (Dutton, D-Houston): Would require the Commissioner to evaluate all dropout recovery schools under the alternative education accountability system, and to only consider performance at the level of “approaches grade level.” The “closing the gaps” domain would be used for reporting purposes only.
  • HB 3489 (Cole, D-Austin): Would require TEA to create a task force on sex-based harassment in schools to evaluate and provide recommendations and best practices, including school district professional development.
  • HB 3651 (Davis, Y., D-Dallas): Would require the Commissioner to conduct a study on the relationship between district size, cost, and academic effectiveness.
  • HB 3851 (Lang, R-Granbury): Would require the Comptroller to publish and maintain a list of unfunded mandates and report to the legislature on findings about the benefits and costs of each mandate.
  • HB 3880 (Wilson, R-Marble Falls): Would transfer the duty to develop and provide information to students about steroids from the State Board of Education (SBOE) and TEA to the Department of State Health Services Mental Health and Substance Abuse, in conjunction with the University Interscholastic League (UIL).
  • HB 3888 (Ramos, D-Richardson): Would add suicide to the conditions addressed by the school health advisory council (SHAC). Would also add require SHACs to provide strategies to increase parental awareness regarding risky behaviors, early warning signs of suicide risks, and available community programs and services to address these. The bill would require districts where at least 70% of the students are educationally disadvantaged, homeless, or in foster care to develop and implement a plan to increase parent and student knowledge of behavioral health disorders and treatment options.
  • HB 4094 (Beckley, D-Carrollton): Would require districts to make at least one attempt by phone or e-mail during each week of a student’s meal account grace period to make arrangements with the parent for payment of a negative balance and help the parent complete an application for free or reduced price lunch (FRPL). After the grace period ends, the district may allow the student to continue purchasing meals or provide alternative meals at no cost. The bill would also allow districts to pay a negative balance using donations.
  • HB 4186 (Sanford, R-McKinney): Would create the “Next Generation Commission on Digital Learning” to make recommendations for a framework for digital teaching and learning in public schools following the same structure as last year’s school finance commission.
  • HB 4302 (VanDeaver, R-New Boston): Would prohibit issuance of subpoenas for audio/video surveillance of special education settings unless they meet under Texas Education Code (TEC) Section 29.022. Rep. VanDeaver cited a case  in which video was subpoenaed to observe the “educational record” of a student that did not involve complaints of abuse or neglect. Only cases of abuse or neglect were the focus of the original intent of the video camera law enacted in 2015.
  • HB 4313 (Dominguez, D-Brownsville): Would require the UIL to create an adaptive sports program for students with disabilities.
  • HB 4324 (VanDeaver, R-New Boston): Would allow the Commissioners of both TEA and the Texas Higher Education Coordinating Board (THECB) to approve a format of electronic submission of student records, such as the Texas Records Exchange (TREx), that allows for the transfer and efficient and effective extraction of data elements from student transcripts.
  • HB 4383 (Bohac, R-Houston): Would require school districts and charters to prepare a list of instructional materials provided to students that cover each Texas Essential Knowledge and Skills (TEKS) element. This list would be part of an existing annual certification that each district and charter school must submit to the SBOE and Commissioner.
  • HB 4578 (Gervin-Hawkins, R-San Antonio): Would require the SBOE, TEA, and stakeholders to enter into a memorandum of understanding on the development of culturally inclusive instruction.
  • HB 4589 and HJR 150 (Anchia, D-San Antonio): Would add a “global competitiveness” objective to the public education mission in the Texas Constitution by stating that students will earn a post-secondary credential after high school. This bill would also require that each legislature establish standards that public schools must satisfy and align then with the state’s “60×30” plan, which provides that by 2030, at least 60 percent of Texans ages 25-34 will hold a certificate or degree.

At the end of Tuesday’s House Public Education Committee hearing, Chairman Huberty announced that the committee will meet again on Wednesday afternoon, April 24, to vote on pending bills that have already been heard. He added that next week the committee will meet to hear mainly Senate bills that have made their way over to the House and been referred to House Public Education. Up to this point, the committee has not yet heard any public testimony on Senate bills, so stay tuned!

Senate committee advances campus turnaround proposal, hears variety of bills

Senate Education Committee meeting, April 16, 2019.

The Senate Education Committee met Tuesday, April 16, 2019. The committee postponed until April 23 a hearing scheduled for Tuesday on House Bill (HB) 3, the major school finance reform bill that the House passed last month. For more on HB 3 and the Senate committee’s anticipated hearing of the bill next week, please see this related post on our blog. Instead of hearing HB 3 today, the committee took testimony on a number of unrelated items and approved several pending bills.

The committee heard testimony Tuesday on SB 784 by Sen. Bryan Hughes (R-Mineola), which would add Texas Education Agency (TEA) oversight of human sexuality instruction and require that parents receive notification in advance of when instruction is to be provided, along with a detailed description of the content.

Other bills heard included the following:

SB 722 by Sen. Campbell states that “the board of trustees may not make a severance payment to a superintendent in an amount greater than one year’s salary under the superintendent’s terminated contract.” Sen. Kirk Watson (D-Austin) suggested including charter schools in the bill, and Sen. Campbell indicated she would be willing to work together on such an amendment.

SB 725 by Sen. Eddie Lucio, Jr. (D-Brownsville) would remove the Brownsville ISD bracket on an existing low-income pre-K pilot program and expand it to any students who are “educationally disadvantaged” in a district operating an early high school graduation program. Sen. Lucio explained the bill would allow a district to take money saved by a student who graduates in three years instead of four and use it to fund two additional full-day pre-K students.

SB 740 by Sen. Hughes would create a “Texas Public Finance Authority” empowered to loan money to districts no larger than 1,600 students in average daily attendance (ADA).

SB 968 by Sen. Kelly Hancock (R-North Richland Hills) would require municipalities to regard charters as school districts for purposes of zoning, permitting, code compliance, and development. The bill would also apply land development standards to charters and would prohibit municipalities, counties, or political subdivisions from enacting or enforcing an ordinance that prohibits a charter school from operation.

SB 1133 by Sen. Paul Bettencourt (R-Houston) states that a school district may not have a business interest in an entity or own real property associated with real estate and rental and leasing; arts, entertainment, and recreation; or accommodation and food services — in other words, a water park.

SB 1182 by Sen. Campbell, would add charter language to the approval section of the Texas Public Finance Authority’s bond issuance authority. Sen. Campbell explained this would transfer authority to approve charter bonds from local governments to the state attorney general. Sen. Watson raised questions over how this would cut locally-elected officials out of the loop and whether it would remove discretion.

SB 1454 by Chairman Larry Taylor (R-Friendswood) would create a mechanism through which TEA could elect to transfer the remaining funds of a defunct charter to another charter holder.

SB 2117 by Sen. Bettencourt, would allow districts that have been granted program charters by their board and have contracted with a charter to jointly operate a campus and receive district-charter funding under last session’s SB 1882.

SB 2285 by Sen. Pat Fallon (R-Prosper) would require the TEA committee responsible for reviewing accountability appeals to review challenges by school districts or charters. It would require that the commissioner not limit the challenge if the school district or charter created the inaccuracy and requires that the commissioner correct the rating if the rating assigned was too low.

SB 2293 by Sen. Fallon would make charters subject to the provision of Chapter 617, Government Code, prohibiting collective bargaining and strikes. ATPE supports this bill to create parity between the laws pertaining to charter schools and those that already apply to traditional public schools.

SB 2266 by Sen. Royce West (D-Dallas) would give the TEA commissioner authority to consider local charter school saturation in deciding whether to reject an application for a new charter or a charter expansion. ATPE supports this bill.

The Senate Education Committee also voted to approve the following pending bills during Tuesday evening’s hearing:

  • SB 1412 would allow a school at risk of closure to execute an accelerated campus excellence turnaround plan, which includes paying high performing teachers a premium to work at the struggling campus. The bill includes ongoing support and a three-year commitment from participating teachers, 80 percent of which would be required to come from the top quartile in terms of demonstrating student growth. ATPE submitted neutral testimony that focused on eliminating a vendor contracting requirement from the bill and clarifying that districts may not be required to base their hiring decisions upon test performance of students taught by the educators.
  • SB 351 would include completion of a coherent sequence of career and technology courses to the indicators of achievement under the public school accountability system.
  • SB 426 would ensure that school counselors spend no less than 80 percent of their time on actual counseling, as opposed to unrelated work, such as monitoring tests. ATPE supports this bill. Sens. Donna Campbell (R-New Braunfels) and Bob Hall (R-Edgewood) voted against the bill.
  • SB 686 would require a personal financial literacy course for high school graduation.
  • SB 712 lists types of behavioral interventions that are prohibited for use with students who receive special education services. This includes such actions as electric shock, suffocation, etc.
  • SB 723 would require a school district to post the superintendent’s annual compensation on its Internet website. Sen. Beverly Powell (D-Burleson) voted against the bill.
  • SB 1297 would require uniform general conditions for school district building construction contracts.
  • SB 1390 would add physical health, mental health, and suicide prevention to the foundation curriculum. The bill includes corresponding guidance to the State Board of Education (SBOE) and school health advisory committees (SHAC) to include risk factors such as alcohol.
  • SB 1746 would add previous incarceration of a student or the student’s parent or guardian to the list of factors qualifying a student as being at risk of dropping out.
  • SB 2075 would move some rulemaking authority from SBOE to the Texas Education Agency (TEA) related to dyslexia screenings, specifically to monitor and develop remedial strategies.
  • SB 2135 would require information shared by law enforcement with a superintendent on student offenses to include whether it is necessary to conduct a threat assessment or prepare a safety plan related to the student.
  • SB 2282 would add mental health to the menu of services that may be provided by a school-based health center. ATPE supports this bill.

Teach the Vote’s Week in Review: March 29, 2019

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


The Texas House of Representatives debated its budget bill, March 28, 2019.

During a late night floor session on Wednesday, the Texas House unanimously approved a $251 billion state budget billHouse Bill (HB) 1. The bill includes a $9 billion appropriation for improving the state’s school finance system and providing property relief to homeowners. The public education-related funding increases in the House budget would be implemented via HB 3, Chairman Dan Huberty’s (R-Kingwood) omnibus bill that ATPE supports. The full House is slated to debate HB 3 on the floor next Wednesday, April 3.

On the other side of the Capitol, the Senate Finance Committee is preparing to approve its budget bill, Senate Bill (SB) 1, in the coming days. During a meeting yesterday, the committee decided to add money to its bill to match the House’s $9 billion funding proposal for public education. The two chambers are likely to disagree, however, on how that money should be spent.

Read more about the House’s big budget vote in this article from The Texas Tribune republished on our Teach the Vote blog. We urge ATPE members to use our convenient tools on Advocacy Central to send a message to House members thanking them for their vote on the budget to increase public education funding and urging them all to similarly support HB 3 next week.


ATPE State President Byron Hildebrand testified before a House committee, March 26, 2019.

This week two important bills affecting the Teacher Retirement System (TRS) advanced in both the House and Senate.

House Bill (HB) 9 by Rep. Greg Bonnen (R-Friendswood), which increases contributions to TRS and provides retirees with a 13th check, received a hearing the House Committee on Pensions, Investments, and Financial Services on Tuesday. The bill was left pending in  committee but is expected to be voted out favorably in the near future. ATPE State President Byron Hildebrand testified in favor of HB 9 during the hearing.

Also, Senate Bill (SB) 12 by Sen. Joan Huffman (R-Houston) was voted out of the full Senate by a unanimous vote on Monday. SB 12, which ATPE also supports, raises the contribution rates into TRS, albeit differently from the House’s bill, and provides retirees with a 13th payment, but the payment would be lower. For more information on the differences between the two bills, check out this blog post by ATPE Senior Lobbyist Monty Exter.


On Tuesday, the Senate Education Committee chaired by Sen. Larry Taylor (R-Friendswood), heard a number of bills focused on student discipline issues. ATPE supported bills such as Senate Bill 1451, which prohibits negative action on a teacher’s appraisal solely on the basis of the teacher’s disciplinary referrals or documentation of student conduct, and Senate Bill 2432, which would add harassment to the list of conduct that will result in the mandatory removal of a student from the classroom. For more information on the bills heard, plus other pending bills that were voted on during this week’s committee hearing, check out this blog post by ATPE Lobbyist Mark Wiggins.


Meetings of the House Public Education Committee have been known to take on a theme and focus on bills that pertain to the same issue. The theme of this week’s meeting of the committee was school safety. Members of that committee on Tuesday heard 35 bills related to topics in school safety such as school hardening, access to mental health resources, and increased law enforcement on school campuses. ATPE registered a position in support of six bills including House Bill 2994 by Rep. James Talarico (D-Round Rock), which would require the Commissioner of Education to develop mental health training material for school districts. A thorough breakdown of the bills heard during this committee meeting can be found in this blog post by ATPE Lobbyist Andrea Chevalier.


FEDERAL UPDATE: On Thursday, March 28, 2019, U.S. Secretary of Education Betsy DeVos sat before the Senate Appropriations Committee to defend President Donald Trump’s proposed federal budget for the Department of Education. DeVos faced questions on her support for increasing federal funding for school choice while eliminating or decreasing funding aimed at teacher effectiveness, special populations, and loan assistance. Watch more coverage of the hearing here for the full scoop.


ELECTION UPDATE: The 86th Texas Legislative session is more than halfway over, and issues like school finance, teacher pay, and school safety remain key topics. This is a direct result of the tremendous educator turnout during the 2018 elections and proof of the power of democracy – informed and engaged citizens holding their elected officials accountable. Practicing and modeling civic engagement require voting in every election. On May 4, 2019, many Texans will have the chance to vote in local elections for school boards, mayoral seats, bonds, and more. Make sure your voter registration is up to date so you will be able to participate. The last day to register to vote in the May election is April 4. Early voting runs April 22-30, 2019. Visit VoteTexas.gov to learn more about how to register and vote.