Tag Archives: compensation

New School Year, New Laws: Compensation Update

Welcome to our final blog post in ATPE’s “New School Year, New Laws” blog series for Teach the Vote. In last week’s post, we summarized new laws that will impact charter schools. This week, we will investigate how the changes to funding and compensation in House Bill (HB) 3 are being implemented in several school districts across the state.

HB 3 by Rep. Dan Huberty (R-Kingwood), the major school finance bill passed earlier this year, included some important provisions aimed at increasing compensation for many educators. More specifically, lawmakers required that school districts use 30% of their increase in funding under the bill to increase compensation for full-time district employees, excluding administrators. Of that dollar amount, 75% must be spent on compensation for full-time, certified teachers, librarians, nurses, and counselors. The other 25% can be used to improve compensation for other full-time employees. HB 3 also specifies that there should be a prioritization for teachers, librarians, nurses, and counselors with more than five years of experience, but the bill largely leaves this open for interpretation at the local level.

The combination of differences in how much additional funding each district gets and the flexibility districts have to create unique compensation packages makes it very important for us to gain a “lay of the land” in our current post-HB 3 environment. In this post we have summarized what some districts are doing by gathering news articles and information from district websites. The charts below break down some of dollar figures and percentages by which the districts shown are increasing educator compensation as a result of HB 3.


Lubbock-Cooper ISD, Region 17:

Up to 5 yrs. of exp. (teachers) 5.68%, avg.
6-25 yrs. of exp. (teachers) 8.71%, avg.
All other employees 3%
Beginning teacher salary Increased to $40,000

With a 2018-19 average teaching salary of just over $45,000, we estimate that the LCISD’s average pay raise of 8.08% is about $3,640.


Klein ISD, Region 4:

Up to 5 yrs. of exp. (teachers, counselors, librarians, and nurses) 5.25% ($4,950)
6+ yrs. of exp. (teachers, counselors, librarians, and nurses) 5.5% ($5,050)
All other employees 4%
Beginning teacher salary Increased from $52,600 to $55,500
Healthcare $300 one-time payment for eligible, full-time employees who are returning

Klein ISD will also provide a retention incentive to teachers, counselors, librarians, and nurses who were employed in the district on May 31 of the previous year and are returning. This incentive is in the form of a one-time payment of $1,500. All other previously employed full-time employees who are returning to the district will receive $1,000. The district has built in similar retention and healthcare payments at reduced rates for those who work less than full-time.


Clear Creek ISD, Region 4:

Up to 4 yrs. of exp. (teachers, counselors, librarians, and nurses) 4%
5+ yrs. of exp. (teachers, counselors, librarians and nurses) 4.25%
All other employees 3.50%
Beginning teacher salary Increased from $53,600 to $55,750
Healthcare (TRS-Active) Increase district contribution by $10/month
Bus drivers Increase wage from $16.83/hr to $19/hr

Clear Creek is also implementing an “honors teacher experience” program, in which teachers who reach milestones such as 5, 10, 15, etc. years of experience can receive additional compensation of up to $2,800. This could result in a total pay raise of 9.49% for some teachers. The district is also adding staff, especially in special education and is implementing safety and security upgrades.


San Marcos CISD, Region 13:

Up to 5 yrs. of exp. (teachers, counselors, librarians and nurses) 3% ($1,562)
6+ yrs. of exp. (teachers, counselors, librarians and nurses) 4% ($2,113)
All other employees 6%
Administrators 3% ($2,113)
Beginning teacher salary Increased to $49,662

Fort Worth ISD, Region 11: 

Up to 5 yrs. of exp. (teachers) 5.8%, avg.
6-15 yrs. of exp. (teachers) 6.9%, avg.
15+ yrs. of exp. (teachers) 6.1%, avg
Counselors, nurses, librarians 5%
All other full-time 3%
Administrators Greater of 3% or 3% of midpoint
Beginning teacher salary Increased from $53,000 to $54,000

What does it all mean?

There are over 1,000 school districts in Texas, each with varied funding under HB 3. In some cases, the bill may have even provided districts with the same or less funding if not for a hold harmless provision in the bill (which expires after the 2023-24 school year). Considering this and the fact that each district also has different needs and economic factors affecting compensation, the implementation of raises is going to be varied all over Texas. Among the districts we read about, teacher salaries were raised from 3% to 9.5%. To keep up with inflation, basic yearly pay raises in other professions typically hover around 3%. We know from district salary schedules, such as this one from Leander ISD, that typical step increases are closer to 1%. With this in mind, the impact of HB 3 in some districts may have been that teachers simply got the standard raise necessary to keep up with the cost of living.

What’s next? Stay engaged!

It is important to note that there have been reports of districts that have under-calculated what they would receive in HB 3 funding, which impacts the amount they are required to spend on compensation. Additionally, some districts have relied almost exclusively on one-time stipends, which are less stable and do not necessarily count toward compensation for purposes of TRS or the amount an educator will receive for their retirement pension. ATPE is working with state officials to solve these issues so that districts comply with HB 3’s efforts to increase educator compensation.

Across the sources we gathered, it seems that district leaders are happy to have the raise but still think that there are further improvements to be made. Clear Creek ISD Deputy Superintendent Paul McLarty wants to see more from the state, like getting closer to a 50-50 split between local and state funding. Klein ISD Superintendent Dr. Jenny McGown remarks that the state is still ranked 41st in the nation in spending. Lubbock-Cooper ISD Superintendent Keith Bryant says that he would like to eventually be able to provide teachers with a competitive wage.

ATPE agrees with these sentiments and urges educators to return to the polls during the 2020 primary and general elections when voters will have a chance to decide who will represent them in the next legislative session. The raises for educators and public education funding increases that resulted from the 2019 legislative session are a direct result of educators’ votes in the 2018 elections. Stay connected and engaged by following Teach the Vote, ATPE, and ATPE lobbyists on Twitter using the handles @OfficialATPE, @TeachTheVote, @ATPE_JenniferM, @ATPE_AndreaC, @MarkWigginsTX, and @ATPE_MontyE.


Thank you for joining us on Teach the Vote to learn about how new laws enacted in the 86th Texas legislative session will impact you. ATPE created this series because we believe it is vitally important for educators to make sure they know and understand the laws that govern their profession and affect their classrooms. For more information on new laws impacting public education in Texas, be sure to check out ATPE’s comprehensive report, “Know the Law: An Educator’s Guide to Changes Enacted by the 86th Texas Legislature,” created by the experienced staff of ATPE’s Member Legal Services department.

Teach the Vote’s Week in Review: Oct. 18, 2019

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


ELECTION UPDATE: Early voting is set to begin on Monday, Oct. 21, for the upcoming constitutional amendment election on Nov. 5, 2019. Are you ready to vote? ATPE encourages educators to vote in every election, and we’ve got the info you need to make informed choices at the polls. Check out our new blog post aimed at helping you understand what’s on the ballot in this year’s election. ATPE Political Involvement Coordinator Edwin Ortiz and Senior Lobbyist Monty Exter have broken down the proposed constitutional amendments related to public education and the other items you may see on your ballot. Learn how to print out a sample ballot ahead of time and find other election resources. Every vote counts!

As we gear up for the 2019 election to get underway next week, ATPE Lobbyist Mark Wiggins has also written about the 2020 elections for our blog this week. In his latest election roundup post, Mark shares insights from recent campaign finance reports for various congressional elections that will take place next year. Check it out here.


In case you missed it, check out this week’s installment of our “New School Year, New Laws” blog series here on Teach the Vote. This week, ATPE Lobbyist Andrea Chevalier gave an overview of 2019 bills that were passed dealing with charter schools. Read it here. Next week we’ll be wrapping up our series with a final post about educator compensation changes that have come about as a result of House Bill (HB) 3.

As a reminder, you still have a few more days to share your feedback with the commissioner of education on his proposed rules to implement the new “Do Not Hire Registry” required under HB 3. The deadline for public comments is Monday, Oct. 21. Learn more and submit your comments here.


The Texas Education Agency (TEA) released a new “HB 3 in 30” video and PDF presentation this week on designing and funding an extended school year. The extended school year provision put into law by House Bill (HB) 3, while less heralded than some of the bill’s other provisions, is seen as a potential game changer by TEA.

In this latest video, TEA details the impact of the “summer slide” and the burnout experienced by many Texas teachers due to the extremely high levels of time that teachers work directly with students. For children of poverty, summer slide can create a cumulative academic gap of as much as three years as compared to their wealthier peers. Additionally, many Texas teachers work up to 12 hours a day because they are not given time during the school day to do integrated planning and preparation, unlike many of their peers globally. This results in a system where teacher planning is done mostly in isolation, as compared to the more optimal situation of team planning. In the video, TEA lays out three scenarios for how districts might use the new extended year funding to begin to address both of these issues. The video also highlights additional “planning grant” funding available to districts that want to implement this new program.

TEA’s ongoing video series is intended to make this year’s omnibus school finance bill, HB 3, more digestible by breaking out key provisions and explaining them in 30 minutes or less. Visit TEA’s HB 3 in 30 video website to watch the newest video and access others in the series.


New School Year, New Laws: Curriculum and Instruction

When the 86th Texas Legislature convened for its 2019 regular session, members of the state Senate and House of Representatives focused much of their attention on school finance and school safety. Issues that once held center-stage in a legislative session, like accountability, vouchers, and payroll deduction took a backseat (or weren’t even in the car). However, there were several bills passed this year that will impact teachers’ bread and butter – teaching and learning. In this week’s “New School Year, New Laws” post, we will fill you in on legislative changes impacting curriculum and instruction.

House Bill (HB) 391 by Rep. César Blanco (D-El Paso): Printed instructional materials

By law, parents are entitled to request that their child be allowed to take home instructional materials. Districts and charter schools must honor this request. However, in some cases, those instructional materials are online and the parents do not have the appropriate technology at home to access them. In this event, HB 391 dictates that the district or charter school provide the materials in print, which could be printouts of the relevant electronic materials. This law became effective immediately upon its passage.

HB 2984 by Rep. Steve Allison (R-San Antonio): Technology applications TEKS

Technology applications is part of the “enrichment curriculum” offered by school districts. HB 2984 directs the State Board of Education (SBOE) to revise the grades K-8 Texas essential knowledge and skills (TEKS) for technology applications, specifically by adding in curriculum standards for coding, computer programming, computational thinking, and cybersecurity. The SBOE must complete this task by Dec. 31, 2020, so be on the lookout for information from ATPE about opportunities to participate in the process and provide public comment.

HB 3012 by Rep. James Talarico (D-Round Rock): Providing instruction to students who are suspended

Most teachers have probably experienced what happens when a student is placed in either in-school or out-of-school suspension (ISS/OSS). The student often comes back to the classroom having missed days or weeks of instruction that can be hard to make up. HB 3012 requires districts to provide suspended students with an alternative means of accessing all “foundation curriculum” or core coursework (math, science, English language arts, and social studies). The district must also provide at least one option for receiving the coursework that doesn’t require access to the Internet. Whether or not this requirement for providing coursework will trickle down to the individual teacher level is still unclear. This bill became effective immediately.

HB 4310 by Rep. Harold Dutton (D- Houston): Time for scope and sequence

HB 4310 applies to the scope and sequence created by districts for foundation curricula. Under the new law, a district must ensure sufficient time for teachers to teach and students to learn the TEKS in a given scope and sequence. Additionally, a district cannot penalize a teacher who determines that their students need more or less time and thus doesn’t follow the scope and sequence. However, the law does say that a district can take action with respect to teachers who don’t follow the scope and sequence if there is documented evidence of a deficiency in their classroom instruction. This law became effective immediately.

HB 3 by Rep. Dan Huberty (R-Kingwood): G/T programming and funding

The gifted and talented (G/T) allotment was eliminated in this year’s big school finance bill, HB 3, but the requirement that school districts provide G/T programming did not go away. When HB 3 was heard by the House Public Education and Senate Education committees, many parents and students testified on the importance of keeping gifted and talented programming and urged lawmakers to maintain the allotment. In response, Chairman Huberty and other lawmakers explained that funding for G/T through the allotment has been capped at 5% of average daily attendance, even though a district may actually enroll more than 5% of its students in G/T programs. As a result, every district essentially received the maximum amount possible. HB 3 rolls this amount into the new basic allotment as the mechanism for funding G/T, rather than having a stand-alone allotment.

To quell fears that G/T programs might disappear along with the allotment, HB 3 states that districts must provide a G/T program consistent with the state plan for G/T and must annually certify to the commissioner of education their compliance with the law. If a district does not comply, the state will revoke its funding in an amount calculated using the same formula for the old G/T allotment. The bill also requires districts to comply with the use of G/T funds as outlined in State Board of Education (SBOE) rule.

These changes to how G/T programs are funded took effect immediately upon the passage of HB 3. Learn more about the new G/T requirements and funding expectations in this “HB 3 in 30” video provided by the Texas Education Agency (TEA).

HB 4205 by Rep. Tom Craddick (R-Midland): Teacher effectiveness and value-added modeling in turnaround schools

HB 4205 was originally introduced as a bill to allow a campus in Midland ISD to be repurposed by a nonprofit entity while maintaining the same student population. As the bill made its way through the legislative process, it was expanded beyond Midland ISD and amended to include language from Senate Bill (SB) 1412 by Sen. Charles Perry (R-Lubbock) regarding accelerated campus excellence (ACE) plans. ACE is a campus turnaround option that prescribes personnel, compensation, and programming decisions meant to improve student performance. A last-stage amendment also added a requirement that personnel decisions under a school’s ACE turnaround plan must be made using a value-added model (VAM) for determining instructional effectiveness. After this change was made, which ATPE opposed, the House unfortunately voted to concur in the Senate amendments and the bill was signed by the Governor.

Under the final version of HB 4205 as passed, at least 60 percent of teachers assigned to the campus must have demonstrated instructional effectiveness during the previous school year. For teachers who taught in the same district in the prior year, this effectiveness standard is to be determined by classroom observation and assessing the teacher’s impact on student growth using VAM based on at least one student assessment instrument selected by the district. For teachers who did not teach in the district the previous year, instructional effectiveness will be determined by data and other evidence indicating that if the teacher had taught in the district, they would have been ranked among the top half of teachers there. Teacher pay under this type of plan must include a three-year commitment to provide “significant incentives” to compensate high-performing principals and teachers.

In the 2019-20 school year, the ACE provisions in HB 4205 will only apply to one district that received an unacceptable rating for 2017-18, as chosen by the commissioner of education. In 2020-21, the ACE option under HB 4205 will open up to all districts that have been required to complete a campus turnaround plan.

There are many aspects of this new law that ATPE opposes, which we expressed to lawmakers through oral testimony and written input on SB 1412 and HB 4205 as they were moving through the legislative process earlier this year. Our opposition was based on the following formal positions that have been adopted by ATPE members:

  • ATPE opposes the use of student performance, including test scores, as the primary measure of a teacher’s effectiveness, as the determining factor for a teacher’s compensation, or as the primary rationale for an adverse employment action.
  • ATPE believes students’ state-level standardized test scores should not be a component of teacher evaluations until such time as they can be validated through a consensus of independent research and peer review for that purpose.
  • ATPE opposes the use of value-added modeling or measurement (VAM) at the individual teacher level for teacher evaluation purposes or decisions about continued employment of teachers. (Learn more about our VAM concerns here.)
  • ATPE supports incorporating measures of student growth at the campus level or higher into evaluations of educators as long as the measures are developed with educator input, piloted, and deemed statistically reliable.
  • ATPE opposes incentive or performance pay programs unless they are designed in an equitable and fair manner as determined by educators on a campus basis.

Your ATPE Governmental Relations team will be monitoring these pieces of legislation as they are implemented.


Next Monday, we will continue ATPE’s “New School Year, New Laws” series here on Teach the Vote with a post on assessment-related bills passed during the 2019 legislative session.

TEA begins deep dives on HB 3 topics

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

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

DEEP DIVES

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

SCHOOL FINANCE

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

TEACHER PAY

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

OTHER RULES IMPACTING EDUCATORS

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

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

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

OUTCOMES FUNDING

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

ADDITIONAL INSTRUCTIONAL DAYS

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

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

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

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

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

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

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

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

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

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

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

Teach the Vote’s Week in Review: June 14, 2019

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


This week, Gov. Greg Abbott signed the school finance and property tax reform bill, House Bill (HB) 3, into law. This bill modifies how public schools are funded and attempts to shift some of the burden of paying for public education that has fallen heavily on the shoulders of local property taxpayers closer toward a balance point with the portion financed by the state. The bill also affects teacher compensation. Read a recap of the governor’s signing ceremony, as well as links to our analysis of what HB 3 does, in this blog post by ATPE Lobbyist Andrea Chevalier.

Gov. Abbott also signed Senate Bill (SB) 12 into law on the same day. The bill improves funding for the state’s pension system for educators. As a result of the bill’s signing this week, the Teacher Retirement System (TRS) expects a 13th check to be sent to retirees this fall, with a more specific date to be discussed at the TRS board’s next meeting in July.

Stay tuned to Teach the Vote for updates as this legislation is implemented, and don’t forget to check out ATPE’s full recap of all the education legislation that passed this session.


ATPE Executive Director Shannon Holmes discussed HB 3 with CBS Austin.

Speaking of HB 3, your ATPE lobbyists have been busy taking to the airwaves over the last two weeks to talk about the bill and its consequences for school finance and teacher pay.

ATPE Executive Director Shannon Holmes joined state Rep. James Talarico (D-Round Rock) and Austin education leaders on CBS Austin to take part in an hour-long panel on school finance last week. You can watch the entire panel’s discussion here on the CBS Austin website.

Also discussing HB 3 on TV and radio programs this week was ATPE Lobbyist Mark Wiggins. He joined the statewide politics program Capital Tonight on Spectrum News this week to discuss how teacher compensation is affected by the bill. You can watch the segment here on the Spectrum News website.


The State Board of Education (SBOE) met this week in Austin, where a handful of applications for new charter schools came under scrutiny. On Thursday, a board committee voted to exercise the board’s statutory authority to veto four of the five proposed new charters. Members expressed concerns over the fiscal impact, qualifications of the applicants, and accuracy of the applications. On Friday, the full board reversed course and voted to approve the new applications with one notable exception. Members voted 8-5 to reject the application for a new charter by the founder of Harmony Public Schools. Read ATPE Lobbyist Mark Wiggins’s recap of Friday’s SBOE meeting here.

Commissioner of Education Mike Morath also updated the board this week on legislation passed by the 86th Texas Legislature that will affect public education, including HB 3 and changes to the STAAR assessment. Several of the education bills that passed this session will also require rulemaking by the commissioner before they can be fully implemented. Read a recap of the commissioner’s comments here.



A group of ATPE state officers and lobbyists were in Washington, DC this week to discuss federal education issues with elected officials and their staffs. ATPE State President Byron Hildebrand and Vice President Tonja Gray were accompanied by ATPE Executive Director Shannon Holmes and Senior Lobbyist Monty Exter on the fly-in, which was organized by ATPE’s longtime Washington-based lobbyist David Pore.

Issues discussed included education funding and the repeal of Social Security offsets like the Windfall Elimination Provision (WEP) that negatively impact educators and other public servants throughout the country. Stay tuned to our Teach the Vote blog next week for a complete report on these ATPE meetings in the nation’s capital.

If you are an ATPE member who’ll be attending the ATPE Summit in July, make plans to attend our legislative update session where the lobby team will brief members on these federal issues and the results of the recent Texas legislative session.

Commissioner updates SBOE on HB 3 and other education bills

Texas Commissioner of Education Mike Morath updated the State Board of Education (SBOE) today, June 12, 2019, on recent bills passed by the 86th Texas Legislature affecting public education. His remarks included comments on the major school finance and reform bill, House Bill (HB) 3.

Commissioner Morath began with a review of HB 3906, which makes several changes to how state assessments are delivered. Intended do reduce test anxiety, the bill bthis blog post from the ATPE lobby team.

Under HB 3, TEA is required to enter into a memorandum of understanding (MOU) with a public institution to study the STAAR and ensure that the assessment meets certain criteria: It is to be written at the appropriate reading level; should only include content aligned with the Texas Essential Knowledge and Skills (TEKS) for that grade level or earlier grades; and should only include passages written at or below the reading level of the grade level for the assessment. This report is due to the legislature by December 1, 2019.

Commissioner Mike Morath addressing SBOE members on June 12, 2019.

The commissioner provided the board with a high-level review of the main components of HB 3, which the agency estimates will provide an average increase of $635 per student in average daily attendance (ADA). You can read the full analysis of HB 3 by ATPE’s lobbyists here.

Aside from new legislation, Commissioner Morath indicated that the agency has found the financial resources to follow through with the SBOE’s request to create a charter school transparency website, which will provide easy access to more information on charter schools. A beta version of the website will be available by spring 2020. This segued into a discussion on TEA’s process of reviewing applications for new charters, and the commissioner walked the board through the five applications he has recommended for approval, which were announced late last week. SBOE member Ruben Cortez (D-Brownsville) pointed out the short notice and requested that the agency provide its charter recommendations further ahead of time.

SBOE member Barbara Cargill (R-The Woodlands) asked the commissioner to review the incentive pay program created under HB 3. Morath noted that local school districts will be able to develop programs based upon the current T-TESS evaluation system, with Texas Tech University tasked with reviewing districts’ programs for quality control. The commissioner added that while “master” teacher designations were envisioned as roughly the top five percent of teachers based on performance, the bill requires that the system enable all teachers to be mathematically able to qualify for the designation. Commissioner Morath pointed out that HB 3 requires that 90 percent of a district’s incentive pay funding must be used to increase the salary of teachers working on the campus at which the incentive pay program is in place, though not necessarily each teacher. With that in mind, Morath suggested that districts could “craftily invest in a teacher group.”

After the commissioner spoke, TEA’s governmental relations team updated the board on how the SBOE’s legislative recommendations fared during the 2019 legislative session. Hunter Thompson walked members through changes the legislature made to governance of the Permanent School Fund (PSF), which the board oversees, as well as incentives to hire and retain teachers, which Thompson suggested were included in the provisions of HB 3. Thompson also credited HB 3 with accomplishing a number of objectives laid out in the board’s Long-Range Plan (LRP) for Public Education. SBOE chair Donna Bahorich (R-Houston) and member Keven Ellis (R-Lufkin) suggested in the future that the board may consider drafting legislative recommendations earlier in order to spend more time educating legislators about those issues in the run-up to a legislative session.

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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More detail on the legislative deal to address school finance, property taxes, and TRS

As the ATPE lobby team reported here on our blog yesterday, Texas Gov. Greg Abbott, Lt. Gov. Dan Patrick, and House Speaker Dennis Bonnen, collectively known as the “Big Three” heads of government, held a press conference Thursday afternoon to announce that negotiators had finalized a grand bargain to address property tax relief, school finance reform, and funding for the Teacher Retirement System (TRS). Gov. Abbott told media that lawmakers had reached agreement on the budget, House Bill (HB) 1; the property tax relief bill, Senate Bill (SB) 2; HB 3, which deals with a combination of property taxes and school finance; and SB 12 addressing TRS funding. Each of the three leaders took turns explaining parts of the final compromise.

The only details available yesterday were in the form of a handout given to members of the media and the comments made by the elected officials. As of Thursday afternoon, most legislators had not even seen the actual text of the final plan. Even though the bills have not yet been made available to the public as of 5:30 this Friday afternoon, ATPE’s lobbyists have had their first “unofficial” look today at the new bill language proposed for HB 3 and can provide some additional insights and observations.

SCHOOL FINANCE

The price tag of the newest version of the school finance legislation has expanded to more than $11 billion. According to the handout shared with reporters yesterday, the compromise plan includes $4.5 billion intended to:

  • Increase the basic allotment from $5,140 to $6,160 per student.
  • Fund full-day pre-K for low-income students
  • Adopt high-quality reading standards for grades K-3
  • Create a dyslexia identification program
  • Support dual-language programs and extended year summer programs for economically disadvantaged students
  • Provide outcomes-based bonuses for college, career, and military readiness (CCMR)
  • Fund transportation at a rate of $1.00 per mile, as opposed to on a per-student basis
  • Quadruple funding for building and equipping new facilities
  • Direct more funds to schools with higher concentrations of under-served students, including dropouts, students in special education, and students in residential treatment facilities

Here are some additional details gleaned from the previewed language of the final bill:

Outcomes-based funding:

  • Controversial outcomes-based funding tied to third-grade reading performance was removed from the final bill.
  • The bill includes outcomes-based bonuses for college, career, and military readiness that are tied to the number of graduates who exceed a minimum threshold to be determined by the commissioner.
  • The bonuses paid to the school district would be weighted based whether or not the graduating students are educationally disadvantaged (either $3,000 or $5,000 per student above the minimum number of students established by the commissioner for each group).
  • The bill also defines the readiness standard for each category of college, career, or military, with commissioner authority for setting some criteria.
  • School districts will be required to spend at least 55 percent of the bonuses they receive in grades 8 through 12 to improve readiness outcomes.
  • The bill calls for TEA to conduct a study on alternative career readiness measures for small
    and rural school districts with results to be reported to the legislature by January 1, 2021.

Bilingual education funding:

  • In addition to other uses already outlined in current law, districts will be allowed to use funding associated with bilingual education for “incremental costs associated with providing smaller class sizes.”
  • Districts must now use at least 55 percent of the bilingual allotment to provide bilingual education or special language program, and the bill authorizes the commissioner to reduce a district’s FSP amount in subsequent years by an amount equal to the amount of bilingual education or
    special language funds the commissioner determines were not used in in this manner.

Career and technology:

  • The Career and Technology Allotment is expanded to cover students in grades 7 through 12, rather than just high school students.
  • The bill adds funding for students enrolled in a campus designated as a P-TECH school or a campus that is a member of the New Tech Network and focuses on project-based learning and work-based education.
  • For purposes of the allotment, the definition of “career and technology education class” is broadened to include technology applications courses generally (rather than being restricted to approved cybersecurity courses).
  • Similar to the bilingual allotment, districts must use at least 55 percent of the career and technology allotment for providing CTE programs in grades 7 through 12.
  • Districts will be entitled to reimbursement if they pay a subsidy for a student in a special education or career and technology program to earn a license or certificate, as allowed under current law.

Early education:

  • The bill adds an early education allotment for students in grades K-3 where funding is increased for educationally disadvantaged students and students of limited English proficiency who are enrolled in a bilingual or special language program. The funds must be used to improve student performance in reading and math in Pre-K through through third grade.
  • While not tied specifically or directly to funding, HB 3 calls for school boards to adopt five-year plans for early childhood literacy and mathematics proficiency that include annual goals for student performance. The plans should include goals for aggregate student growth on certain assessment instruments and targeted professional development for teachers in these early grades.

Miscellaneous:

  • HB 3 calls for using current year property values to determine school districts’ available tax revenue, as opposed to the prior year’s values under current law. This change has been highly controversial, with several districts complaining that they will lose money with this change.
  • School districts or charter schools that offer an additional 30 days of half-day instruction for students in grades pre-K through 5 will be entitled to additional incentive funding.
  • The bill’s new Fast Growth Allotment applies to school districts in which enrollment for the past three school years is in the top quartile of student enrollment growth for the entire state. These districts will be entitled to additional funding equating to the basic allotment multiplied by 0.04 for each student in average daily attendance.
  • Districts will be entitled to reimbursement of fees they pay under existing law for the administration of college-prep assessments to high school juniors and seniors.
  • The bill calls for TEA to partner with a public institution of higher education to study and report to the legislature on geographic variations in the cost of education and transportation costs. Results of the study must be reported by Dec. 1, 2020.

TEACHER PAY & BENEFITS

The plan announced yesterday aims to spend $1.6 billion over the next two years to provide what state leaders have described as “dynamic pay raises” for teachers, librarians, counselors, and nurses, while prioritizing veteran educators. They also indicated in yesterday’s press statements that the state would contribute $922 per teacher over the next two years to the Teacher Retirement System (TRS) of Texas in order to make it actuarially sound. The plan includes $140 million for a merit/incentive pay program, $30 million annually for an extended year program that rewards teachers who work an additional 30 days during the summer, $8 million for mentoring new teachers, and $6 million toward professional development for teachers in blended learning instruction. Here are some additional details based upon ATPE’s reading of the bill.

Educator compensation:

The increase in the basic allotment will also cause an increase in the state’s minimum salary schedule that applies to teachers and some other educators. This will have the effect of increasing the floor for many educators, providing raises for some, and increasing the state’s share of TRS pension contributions while lowering the district’s share.

According to ATPE Lobbyist Andrea Chevalier, HB 3 also includes a mechanism to automatically require districts to increase some educators’ pay under certain circumstances. Here are some more details:

  • If the basic allotment of a district increases from one year to the next, the district must use at least 30% of the difference in the funding level to provide pay increases to certain full-time school employees who are not administrators. (For instance, if a district had an increase in student funding from one year to the next of $100,000, the district would need to spend at least $30,000 on increased compensation.)
  • Of this “at least 30%” amount, 75% of that funding must be used for compensation increases for full-time classroom teachers, counselors, librarians, and school nurses. However, districts must prioritize using this money for increasing the compensation for classroom teachers with more than five years of experience.
  • The other 25% of the “at least 30% amount” may be used as determined by the district to increase compensation for full-time district employees.
  • Unlike the earlier versions of HB 3, there is no requirement that these compensation increases be made in an across-the-board manner with each eligible employee receiving the same amount. There is also no guarantee that all of the employees in these categories would receive a salary increase under this bill.
  • It is unclear but presumed that the compensation increases allowed under this section of the bill would be in addition to potential stipends provided by districts’ participation in extended school year, mentoring, or merit pay programs that are also in HB 3.

Merit pay:

ATPE Governmental Relations Director Jennifer Mitchell provided additional insights on the bill’s merit pay language. The new “Teacher Incentive Allotment” is structured in a manner similar to the Senate’s adopted proposal for merit pay, but the final HB 3 proposal will give districts more flexibility, reduce the commissioner’s authority to set criteria compared to what was in the Senate plan, and place less emphasis on student performance and test scores compared to the Senate plan. While the allotment does provide districts with new funding that is specifically allocated for teacher compensation, there are few guarantees that the teachers who demonstrate the merit as defined by this bill will receive substantially higher pay. Still, we are pleased that legislators listened to our requests that they remove troubling test-based criteria from the merit pay plan.

  • School districts would be eligible for additional funding through this allotment for certain teachers who are designated as recognized, exemplary, or master teachers. It is important to emphasize that these funds do not flow directly to the teachers who earn the designations but are paid to the districts instead.
  • The designations are defined in a new statute under which a school district or open-enrollment
    charter school has the local option of designating a certified classroom teacher as a master, exemplary, or recognized teacher for a five-year period. Designations would be noted on the teacher’s virtual certificate maintained by SBEC. Teachers will have no vested property right in the designation according to this bill, and any designation found to have been made improperly will be voided. HB 3 repeals various older “master teacher” statutes that are being replaced with this program.
  • Districts are not required to participate in this new local optional teacher designation program, but we assume that most will want to participate in order to qualify for the additional state funding that is tied to it.
  • The bill requires the commissioner to set “performance and validity standards” that will mathematically allow for all eligible teachers to earn the designation. The bill adds that these standards “may not require a district” to use a state assessment instrument like the STAAR test “to evaluate teacher performance.”
  • Districts may designate a nationally board-certified teacher as recognized even if the teacher does not otherwise meet the performance standards set by the commissioner.
  • The teacher designations will be based on the results of single year or multiyear appraisals of the teachers pursuant to the existing T-TESS statutes. Unlike the Senate’s merit pay proposal that called for a competitive statewide ranking of teachers based on student performance, districts will determine eligibility for the new merit designations using evaluation criteria, which under the existing T-TESS statutes incorporate observations of teacher performance and the performance of teachers’ students. These determinations will be subject to the performance standards set by the commissioner, however, and the local designation system must be validated.
  • For the validation element, Texas Tech University is tasked with monitoring the quality and fairness of the local optional teacher designation systems. The commissioner is required to ensure that the local optional teacher designation systems “prioritize high needs campuses.” TEA will be required, with cooperation from the participating districts, to evaluate the effectiveness of the local optional teacher designation systems and report their findings to the legislature.
  • The commissioner may adopt fees and rules to implement this program.
  • The amount of the funding paid to districts through this allotment will vary. Districts may receive between $3,000 and $9,000 for each recognized teacher; between $6,000 and $18,000 for each exemplary teacher; and between $12,000 and $32,000 for each master teacher. We presume that specific amounts paid within these ranges will be determined by the commissioner and outlined more specifically in commissioner’s rules to be adopted later.
  • If the recognized, exemplary, or master teacher works at a rural campus or one that serves a higher number of disadvantaged students, a funding weight is applied to the allotment that entitles the district to higher funding.
  • Districts must certify annually that they are spending the allotment in compliance with the law. They are required to show that they have “prioritized high needs campuses” in their use of the allotment.
  • The districts will be required to spend at least 90 percent of the allotment “for the compensation of teachers” who are employed at the same campus as the campus where the teacher who earned the designation and enabled the district to receive the additional funding is employed. Note that this does not specifically require the teacher who earned the designation corresponding to the allotment to receive any additional funding. In other words, districts will have discretion on how they spend these funds for teacher compensation.
  • Beyond the 90 percent requirement, districts may use the allotment for costs associated with implementing the teacher designation program.
  • Unfortunately, there is no language in the bill ensuring that this allotment cannot be used by school districts to supplant other district funds for teacher compensation.

TAX RELIEF

The proposal includes $5 billion for tax relief that is intended increase the state’s share of education funding to 45 percent from 38 percent. The governor’s office claims the plan will lower school property tax rates by an average of eight cents per $100 of property valuation in 2020 and 13 cents in 2021, and provide an additional 2.5 percent tax compression starting in 2021. The plan also requires efficiency audits before holding a tax election.

RECAPTURE

Part of the plan addresses recapture, often commonly referred to as a “Robin Hood” system, which seeks to ensure equity by transferring tax revenue from property-wealthy districts to those that are property-poor. The promotional materials indicated that recapture would be reduced by $3.6 billion as part of the $11.6 billion investment made in HB 3 to buy down property taxes and reform school finance formulas.

OTHER PROVISIONS

The negotiated version of HB 3 contains a number of provisions that bear little relation to “school finance.” For instance, the bill requires the State Board for Educator Certification (SBEC) to adopt rules that that will pertain to new certificates issued after Jan. 1, 2021 and will require teachers to demonstrate proficiency in the science of teaching reading before they can be assigned to teach any grade level from prekindergarten through grade six.

The bill also adds new reading standards for kindergarten through third grade students. Under these standards, school districts and open-enrollment charter schools must use a phonics curriculum that
uses systematic direct instruction to ensure all students obtain necessary early literacy skills. Districts must also ensure that teachers of grades K-3 and principals at the campuses serving those grades have attended a literacy achievement academy by no later than the 2021-2022 school year. Additionally, the district or charter school must certified that it has prioritized placement of “highly effective” teachers in classrooms for grades K-2. The commissioner will adopt rules to implement these new provisions.

Other non-finance related provisions of the bill include measures related to educator misconduct and eligibility to work in a public school.

  • The bill will create a “do not hire” registry of educators who are ineligible for employment. HB 3 adds requirements for reporting alleged misconduct to TEA and SBEC. To facilitate such reporting, SBEC will be required to set up a new internet portal that superintendents will use to share such information.
  • The bill gives the commissioner of education authority to investigate and sanction non-certified employees in a manner similar to SBEC’s current disciplinary authority over certified educators.
  • The commissioner will also have broad access to school district records, the criminal history record clearinghouse, and law enforcement records from criminal cases to ensure compliance with the requirement to report allegations of misconduct.
  • For Districts of Innovation (DOI), failure to comply with the reporting requirements can invalidate their designation as a DOI.

ATPE’s Governmental Relations staff members are continuing to analyze the newly designed versions of these bills and will provide additional details throughout these final days of the session. We expect the House and Senate to vote on them either Saturday or Sunday, and we hope that the new bill text for HB 3 and SB 12 will be shared with the public this evening. Be sure to follow @TeachtheVote on Twitter for the latest rapidly developing updates.

State leaders announce deal on school finance, property tax relief, and TRS legislation

At a press conference held this afternoon, Gov. Greg Abbott, Lt. Gov. Dan Patrick, and Speaker of the House Rep. Dennis Bonnen announced that a deal has been reached on legislation to address school finance, property tax relief, and the Teacher Retirement System (TRS). Flanked by members of the conference committees that worked on the bills, the “big three” shared highlights of the final negotiated versions of House Bill 3 and Senate Bill 12 and thanked those who worked on the compromise.

A flyer was shared with reporters touting major components of the agreement, including increasing the basic allotment for schools; providing $5 billion in property tax relief; funding full-day pre-K for low-income students and increasing the funding to serve other students with special needs; calling for outcomes-based funding tied to college, career, and military readiness; reducing recapture by 47% in the next two years; and offering $2 billion in various forms to assist with “dynamic teacher compensation.”

Specific details on the educator compensation piece are unknown at this point, but the new version of HB 3 has been characterized as including both a merit pay program and funding to increase salaries for veteran teachers (those with at least five years of experience), librarians, counselors, and school nurses. Immediately following the press conference, HB 3 author and House Public Education Committee Chairman Dan Huberty told reporters that the merit pay program would not be test-focused but would use T-TESS to help determine which teachers are eligible to become recognized, exemplary, or master teachers. Chairman Huberty added that Texas Tech University would be tapped to act as a “referee” for the program.

The deal announced today also provides for increased funding into the TRS pension program in order to make it actuarially sound. Also, it is believed that the state would substantially raise its contributions for active educators’ healthcare premiums under this agreement.

Actual bill language has not yet been released, but ATPE will update our Teach the Vote blog with additional details as soon as our lobbyists have a chance to see and analyze the new bills.