Tag Archives: Congress

What will a Biden presidency mean for education?

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On November 7, the Associated Press and numerous other news outlets called the 2020 Presidential Election for former Vice President Joe Biden. Since then, much speculation has surfaced on what a Biden presidency will mean for education, especially in light of a Congress that will likely be divided. Let’s take a look at what a Biden presidency may mean for education.

Highlights:



Biden’s education platform: Early childhood, teachers, equity, and CTE

The cornerstone of President-Elect Biden’s education platform during the 2020 election was a promise to triple Title I funding and require the increase to first be used for pre-K, teacher pay, and ensuring a robust curriculum across campuses in a district. Related to funding, Biden’s policy advisor Stef Feldman told the Education Writers Association (EWA) in a recent interview that Biden would ban for-profit charter schools from receiving federal dollars. “No one should be getting rich by taking advantage of our kids,” Feldman stated during the campaign.

Biden ran on a platform that included providing teachers with competitive wages and benefits, investing in teacher mentoring, leadership, and continuing education, and helping educators pay off their student loans. Additionally, Biden proposed doubling the number of psychologists, counselors, nurses, social workers, and other health professionals in schools, which is aimed at addressing student mental health while freeing up teachers to focus their time on teaching.

President-Elect Biden’s focus on equity included supporting grow-your-own educator preparation programs and working with historically black colleges and universities (HBCU) and minority-serving institutions to diversify the teacher pipeline. Biden also proposed supporting schools with wraparound services and efforts to desegregate and diversify schools. The president-elect promised to fully fund the Individuals with Disabilities Education Act (IDEA) over the next 10 years, citing that current funding levels only cover 14% of the extra costs for providing special education services rather than the law’s original intent of subsidizing 40%.

The Biden education platform heavily emphasized the concept of “investing in all children from birth,” which included providing high-quality universal pre-K for 3- and 4-year-olds and placing early childhood development experts in community health centers. Biden also proposed expanding home visiting so families can receive coaching from specialists on preventative health and prenatal practices.

Biden’s plan also covered career and technical education, namely making sure middle and high school students have access to meaningful vocational training by investing in this area. For a detailed overview of the Biden plan, see a breakdown of Feldman’s interview with EWA.

In terms of higher education, the Biden plan touts relieving student debt, making college affordable, eliminating controversial Title IX policies, reversing course on the previous administration’s treatment of DREAMERs, and renewing regulations on for-profit colleges. Biden has proposed making community college free and providing additional funding and incentives to help vulnerable students graduate. Additionally, Biden wants to double funding for Pell Grants.

Most items on the president-elect’s wish list will require the approval of Congress. These proposals will face an uncertain partisan makeup in the U.S. Senate, where two seats in Georgia remain undecided pending a runoff election in January.



Addressing education during a pandemic and school reopening

Over the summer, Biden rolled out a plan to reopen schools that focuses on getting the virus under control and providing enough funding and resources for schools to reopen safely. Biden supported the HEROES Act passed by the U.S. House of Representatives earlier this year, which the Senate has not acted upon; and he said he would work with Congress to provide funding for ventilation, custodial and health services, and reducing class sizes.

Biden’s plan tasks the Centers for Disease Control (CDC) with developing metrics such as the level of community spread and risk to guide schools through reopening. His plan aims to work against politics-driven reopening plans that have been based on ultimatums, such as withholding funding until schools return to in-person instruction.

President-Elect Biden wants to ensure high-quality learning during the pandemic by initiating a U.S. Department of Education effort to share best practices. He plans to create a White House initiative to work towards combating equity gaps exacerbated by the pandemic and launch a grant program to help fund efforts in this area.

When asked whether Biden would waive federal testing requirements due to the pandemic, Feldman didn’t promise anything. She said the answer “depends on how much progress we can make in supporting our schools and getting them back up and running.”



An educator as U.S. Secretary of Education

This week we saw the first names released as Biden’s cabinet picks. An announcement could be made soon regarding the important post of U.S. Secretary of Education. In her EWA interview back during the campaign, Feldman confirmed that Biden would nominate a public school educator to be his Education Secretary, but she did not clarify whether this meant a K-12 educator or one from higher education. The U.S. Senate must confirm the president’s cabinet nominees, and with two Georgia Senate races not set to be decided until January, it is too soon to know the partisan makeup of the upper chamber and how that might have an impact. According to this Education Week article, some potential picks could include national labor union leaders (who would have a tough, if not unsuccessful confirmation process in a Republican-led Senate), high-profile school district leaders, state education chiefs, or even U.S. Rep. Jahana Hayes (D-Conn.), who was the 2016 National Teacher of the Year.

Those in the higher education community argue that a community college-level expert would fit the bill and potentially alleviate problems with Senate confirmation. Dr. Jill Biden is a community college expert herself, having completed a dissertation in the subject and being a longtime community college professor. Other potential picks could be HBCU leaders, especially since Biden’s running mate, Sen. Kamala Harris (D-Calif.), is an HBCU graduate.

One thing we do know is that President-Elect Biden’s education transition team is being led by former public school teacher Dr. Linda Darling-Hammond, a legend in the education policy and research world and a leader for equity in education. She is a professor at Stanford University, president of the Learning Policy Institute, and president of the California State Board of Education. Darling-Hammond also led President Obama’s education transition team in 2008.



Dr. Jill Biden: A veteran educator

Dr. Jill Biden (credit)

In his acceptance speech November 8, President-Elect Biden said, “Jill’s a mom — a military mom — and an educator. She has dedicated her life to education, but teaching isn’t just what she does — it’s who she is. For America’s educators, this is a great day: You’re going to have one of your own in the White House, and Jill is going to make a great First Lady.” Biden’s reverence for his wife may mean she will have a meaningful influence on education policy during his tenure.

Dr. Biden has been an educator for over three decades. While earning her two master’s degrees, she taught English to adolescents with emotional disabilities at a psychiatric hospital. She also taught at the high school and community college levels. Biden has a doctorate in education from the University of Delaware. Her dissertation focused on maximizing student retention in community colleges and her work as former Second Lady focused heavily on community colleges. This background may influence the president to pick a higher education educator for U.S. Secretary of Education.

Also of note, Dr. Biden has announced her intent to continue teaching while serving as First Lady. She reportedly will have the distinction of being the first woman to maintain outside employment while holding that role. Dr. Biden teaches courses at a community college in nearby Virginia.

Texas schools may access federal funds to reimburse remote learning costs

Earlier this year Congress passed the CARES Act to provide pandemic relief funds to individuals, as well as K-12 schools. Texas has received more than $1.5 billion of the federal allocation targeting education. There have been attempts this year by some policymakers to divert the federal funds earmarked for public schools to private individuals or entities, but ATPE has consistently maintained that these funds should flow directly to the public schools that need them to address the challenges of COVID-19. This week state officials shared more information about how they are spending the federal dollars.

Texas received $29.2 million through the Governor’s Emergency Education Relief (GEER) and $1.28 billion through the Elementary and Secondary School Emergency Relief (ESSER) funds, both funded by the CARES Act. In June, Texas notified the federal government that it intended to use its GEER funds to support remote learning through Operation Connectivity, provide virtual interventions for students with dyslexia, and create online instructional materials. Similarly, the state indicated that it would spend its ESSER funds on a summer bridge program to help graduating seniors, mental and behavioral health supports, remote instructional platforms and materials, and assistance for school districts adapting to remote learning environments.

On Wednesday, November 18, Texas Governor Greg Abbott announced that $420 million of the CARES Act funds sent to Texas will be made available to school districts for reimbursement of COVID-19 expenses. Specifically, schools may request the funding to offset prior purchases of Wi-Fi hotspots and other technology devices.

The Dallas Morning News reported on the development last night, sharing ATPE’s comment that the announcement is a significant step in the right direction but only the beginning, as districts’ funding needs related to COVID-19 will persist. ATPE has also urged the Texas Education Agency (TEA) to make it easier for schools to access the funds. School leaders have reported many bureaucratic hurdles involved in the process of applying for the reimbursements. Similarly, in response to ATPE’s surveys, educators have expressed frustration over burdensome paperwork and reporting requirements imposed by the state since the pandemic began disrupting the school environment.

The state has already used a smaller portion of CARES Act funds to reimburse some of the expenses incurred by schools during the latter part of the 2019-20 school year, to fund “hold harmless” agreements to prevent schools from losing funding due to enrollment drops, to subsidize broadband access through Operation Connectivity, and to create instructional materials for its TexasHomeLearning.com online platform launched earlier this year. More controversially, Gov. Abbott has allocated approximately $30 million of the CARES Act funding he oversees to a new voucher program for students with disabilities, a move ATPE and other organizations have opposed.

TEA announced Thursday, November 19, that the agency is adding new instructional materials to the latest iteration of Texas Home Learning (THL 3.0) geared toward Pre-Kindergarten students. The THL initiative began as an effort to give families direct access to instructional materials, including summer reading assistance, but has since grown to include the provision of an optional Learning Management System (LMS) for school districts through the acquisition of a statewide license with the education vendor Schoology. Commissioner of Education Mike Morath told members of the State Board of Education this week that $64 million of the CARES Act funds have been spent on THL.

It appears that only about one-quarter of the state’s school districts have opted to use the new LMS, and ATPE members’ reviews of the Schoology platform and THL instructional materials have been mixed, at best. Although the allocation of CARES Act funding for THL has been relative small, educators tell us that they would rather see those pandemic relief funds sent directly to school districts to help them hire additional staff and give teachers more time for planning and develop their own innovative curriculum that meets the needs of their students.

Teach the Vote’s Week in Review: Nov. 13, 2020

From COVID-19 to Social Security and everything in between, check out this week’s education news highlights from the ATPE Governmental Relations team on this Friday the 13th:


ATPE continues to lobby for a waiver of testing and accountability requirements this year because of the disruption caused by COVID-19. ATPE Executive Director Shannon Holmes wrote to Governor Greg Abbott this week to again urge relief from state testing laws. COVID-19 has caused mounting stress for educators and students, which is only amplified by standardized testing and the likely negative implications of unreliable testing data. “Despite the increasing backlash against testing, state officials thus far have offered the education community little hope for relief,” wrote Holmes, urging the governor to grant waivers and seek flexibility from federal officials. Read ATPE’s letter here plus additional detail in this blog post by ATPE Governmental Relations Director Jennifer Mitchell.

In an interview with NBC Local 23, ATPE Senior Lobbyist Monty Exter argued that teachers should be able to focus on serving their students rather than testing, especially with heightened academic, social, and emotional needs stemming from the pandemic. Exter also stressed that teachers are best-equipped to assess their own students in a much more accurate and effective manner.


FEDERAL UPDATE: ATPE is urging educators to contact their members of Congress about a new retirement bill filed recently in Washington by U.S. Congressmen Richard Neal (D – Mass.) and Kevin Brady (R – TX). The association is asking the bill’s authors to amend their high-profile bill with language to repeal and replace the Windfall Elimination Provision (WEP), which reduces many public employees’ Social Security benefits. Both Brady and Neal have proposed a WEP fix in their previously filed bills, and ATPE is requesting the WEP language to be added onto their new legislation, the Securing a Strong Retirement Act of 2020, in order to give educators the relief they deserve.

ATPE members are encouraged to visit Advocacy Central to send a quick message to the Texas congressional delegation about this legislation and the need for WEP relief.


CORONAVIRUS UPDATE: The Texas Public Schools COVID-19 dashboard now shows that for the week ending November 1, the number of positive cases increased 4.5% among students and 5.4% among staff who participate in on-campus activities and instruction. More notably, however, the number of positive cases for the most recent week of data (ending November 8) appears to have risen a staggering 25.8% among students and 14.3% among staff. These numbers are alarming as data reported for the most recent week are usually incomplete and likely to increase with the next week’s update. It is unclear whether these trends are reflective of upward infection trends statewide or an increase in students participating in on-campus instruction as the school year progresses.

We reported here on Teach the Vote last week that ATPE sent a letter to Commissioner of Education Mike Morath sharing educators’ complaints about how the Texas Education Agency (TEA) has handled local issues arising from the pandemic. To date ATPE has not received any response to that letter. Last week we also reported on TEA’s clarification of its guidance allowing districts to require certain students to attend school in person. The topic has garnered much media attention. On Friday, November 6, ATPE Lobbyist Mark Wiggins spoke with CBS Austin and stressed that the state should focus on investing in education and prioritizing relief from testing.

Check out ATPE’s frequently updated COVID-19 FAQs and Resources for answers to numerous questions asked by educators. Also, don’t forget to visit Advocacy Central (for ATPE members only) to share your coronavirus concerns with legislators and other state and federal officials.


This week, The Texas Tribune’s education reporter Aliyya Swaby moderated a panel discussion about rural education in Texas. Swaby sat down with Donna Hale, superintendent of Miami Independent School District, Georgina C. Pérez, member of the Texas State Board of Education, and state Rep. Gary VanDeaver to talk about broadband access, teacher retention, and maintaining education funding, among other topics. Learn more and view archived video of the panel presentation here.


ELECTION UPDATE: With the election 10 days in the past, we have unofficial final results in Texas and just a couple races that may head to recounts, according to the Texas Tribune. This week on Teach the Vote, ATPE Lobbyist Mark Wiggins reported on Texas’ record-breaking turnout, the presumptive next Texas House Speaker, and other news. Read Mark’s Texas election roundup here, and see ATPE’s list of the full election results for Texas legislative and State Board of Education races here. Thank you to all who voted!



The Senate Education Committee met today to hear remote testimony from invited witnesses only on virtual schools, special education, COVID-19, and the implementation of two of the major education bills passed last session. Read more about the hearing, believed to be the last one the committee will hold before the 2021 legislative session begins in January, in this blog post today from ATPE Lobbyist Mark Wiggins.

Related: Monday marked the beginning of the pre-filing period for bills to be considered by the Legislature next session. As of today, 745 bills have already been pre-filed. Search, read, and follow bills that have been filed at Texas Legislature Online.

Teach the Vote’s Week in Review: Oct. 30, 2020

From ATPE Governmental Relations, here are this week’s spooky news highlights in the education world:


ELECTION UPDATE: Early voting ends today, October 30, and Election Day is Tuesday, November 3. As our three-week early voting period comes to a close, Texas continues to break turnout records and is now considered a “toss-up” for which presidential candidate will win the Lone Star state. Read more election news in this week’s Texas election roundup blog post from ATPE Lobbyist Mark Wiggins.

***IMPORTANT: If you requested a mail-in ballot, you may deposit your ballot at your county’s designated drop-off location by Election Day, November 3. With concerns about mail delays and the possibility of mailed ballots not being counted if they arrive too late, your best option is to drop off your ballot or vote in person. If you received a mail-in ballot but decide to vote in person, you must surrender your mail-in ballot at the polling place or risk being stuck with a provisional ballot that may not be counted.

Please continue to post your “I Voted” selfies on social media. Let us know why voting is important to you by sharing your own photo or video on social media using #WhyIVoteTXEd and tag @OfficialATPE and @Teach the Vote. Find additional voting tips here, and don’t forget to check out our candidate profiles here on Teach the Vote.


CORONAVIRUS UPDATE: After piloting rapid testing in several school systems for two weeks, the Texas Education Agency (TEA) and the Texas Department of Emergency Management (TDEM) announced this week that supplies and resources for COVID-19 testing will be expanded statewide to public and private school systems that opt in and meet certain requirements. To be eligible, the school system must provide in-person instruction to all students whose families request it within the next two weeks. The amount of supplies provided will depend on the COVID-19 conditions in the surrounding area and the population of the school system. Read more about the project here.

Since last week, updates to the Texas Public Schools COVID-19 dashboard show an increase in the number of positive cases reported for the week ending in October 18 for both students and staff. Previously, the data for the week ending in October 18 showed a decline, but new numbers from districts have since been added. The updated data show that between the weeks ending October 11 and October 18, the number of positive cases rose by 7.3% among students and 8.2% among staff. Positive test results are only included for students and staff who participate in on-campus instruction and activities. TEA has indicated that viral spread almost always occurs outside of the school.

Check out ATPE’s frequently updated COVID-19 FAQs and Resources for answers to common questions asked by educators. Here are some additional ATPE resources related to the pandemic:

  • Hear tips to manage pandemic anxiety in this ATPE-hosted webinar with therapist Kathryn Gates, available on demand.
  • Get answers to legal questions about COVID-19 and earn CPE by watching ATPE’s other webcasts on demand through our professional learning portal.
  • Use ATPE’s Advocacy Central website, exclusively for our members, to share your coronavirus-related concerns with state officials, including the governor and commissioner of education. Write your own message or customize one of the sample messages provided for you on the site.
  • Take a look at the public resources available in our Parent-Teacher Toolkit.

FEDERAL UPDATE: This week the two top members of the U.S. House Ways and Means Committee filed a major bipartisan bill aimed at helping Americans save more for retirement. Unfortunately, the “Securing a Strong Retirement Act of 2020” authored by U.S. Congressmen Richard Neal (D–Mass.) and Kevin Brady (R –TX) contains no provision to address the Windfall Elimination Provision that reduces many public employees’ Social Security benefits. Read more about the new bill in this blog post from ATPE Senior Lobbyist Monty Exter.


ATPE and 19 other pro-public education organizations sent feedback to TEA recommending 37 changes to the charter school application process to increase fairness, rigor, and transparency. Among the top recommendations were to have charter applicants include a zip code where the charter plans to locate, and to limit the charter approval process to once every two years in order to sync up with the legislative session and state budget. Read more about the recommendations in this blog post by ATPE Senior Lobbyist Monty Exter.


Governor Greg Abbott and TEA released a new 2019-20 compensation report this week showing the pay increases many teachers, counselors, librarians, and nurses received as a result of last session’s House Bill 3. Across the state, teachers with 0-5 years of experience received an average raise of $3,839, and teachers with more than 5 years of experience received an average raise of $5,215. Read more about the report in this blog post from ATPE Lobbyist Andrea Chevalier.


Happy Halloween from the ATPE lobby team! It’s been a scary year, and even though this year’s festivities may not be quite the same as in the past, we hope you can still enjoy a few spooky-themed classroom activities and seeing your students and colleagues in fun costumes. We wish you a not-so-scary weekend filled with candy, classic Halloween movies, and pleasant fall weather.

Teach the Vote’s Week in Review: Oct. 23, 2020

Here are this week’s education news highlights from the ATPE Governmental Relations team:


The governor has decided to use federal coronavirus relief funds to create a new voucher program for students with disabilities. On Oct. 21, Gov. Greg Abbott and the Texas Education Agency (TEA) announced the Supplemental Special Education Services (SSES) program, which uses CARES Act money to fund accounts for parents of students with special needs to buy education-related goods and services. The $1,500 accounts are strikingly similar to “education savings account” voucher proposals for students with special needs previously rejected by the Texas legislature. Abbott will use $30 million in taxpayer dollars in his Governors Emergency Education Relief (GEER) fund for the program.

ATPE swiftly expressed concerns over the SSES program. ATPE Executive Director Shannon Holmes said, “ATPE is extremely disappointed the governor has made the unilateral decision to spend our state’s GEER funds in such a manner. Not only does this action ignore the Legislature’s clear opposition to vouchers, but also it denies public schools access to this $30 million allocation. Public schools are better positioned to equitably and efficiently provide for the needs of all students with disabilities.” Read ATPE’s full press statement here and ATPE’s blog post on the development here.


ELECTION UPDATE: There is one more week of early voting in Texas, through Oct. 30. Already, Texans have set a record for voter turnout. Election Day is just 11 days away on Nov. 3. This week the Texas Supreme Court ruled against the Texas GOP in a lawsuit, deciding Harris County can continue using drive-thru voting locations. Read other election news, including polls and candidate fundraising analyses, in this week’s Texas election roundup blog post from ATPE Lobbyist Mark Wiggins.

We celebrated Educator Voting Day Monday and enjoyed seeing the many educators who posted their “I Voted” selfies on social media. Let us know why voting is important to you by sharing your own photo or video on social media using #WhyIVoteTXEd and tag @OfficialATPE and @Teach the Vote. Find additional voting tips here, and don’t forget to check out our candidate profiles here on Teach the Vote.


CORONAVIRUS UPDATE: The Texas Public Schools COVID-19 dashboard shows an increase in the number of positive cases reported last week for both students and staff. Districts update their submissions as they are informed of positive test results, causing data delays. The updated data show that between the weeks ending in Oct. 4 and Oct. 11, the number of positive cases rose by 31.7% among students and 37.7% among staff. Positive test results are only included for students and staff who participate in on-campus instruction and activities.

As parts of the state deal with alarmingly high case counts and hospitalization rates due to COVID-19, some school districts are asking state officials for additional flexibility on when they must resume in-person instruction. ATPE has recommended and continues to emphasize the importance of using objective health-related criteria to guide local decisions on reopening school facilities rather than a one-size-fits-all approach or arbitrary timelines. Weighing the input of school employees and parents of students is also essential in the decision-making process.

As reported this week by the Texas Tribune, some Texas teachers been asked to return to school even though they had a previously approved accommodation. Find information related to this situation and more on ATPE’s COVID-19 FAQs and Resources. Here are additional ATPE resources:

  • Learn how to manage pandemic anxiety in this ATPE-hosted webinar by therapist Kathryn Gates.
  • Get answers to legal questions about COVID-19 and earn CPE by watching ATPE’s webcasts on our professional learning portal.
  • Use ATPE’s Advocacy Central website, exclusively for our members, to share your coronavirus-related concerns with state officials, including the governor and commissioner of education.
  • Check out our Parent-Teacher Toolkit, featuring a video on helping kids thrive in today’s world.
  • See the pandemic and ATPE’s response evolve through our interactive timeline.

When the coronavirus forced schools to close their doors this spring, state and federal officials wisely called off plans for the administration of standardized tests and school accountability ratings tied to test results. ATPE has been lobbying for a waiver of testing and accountability requirements for the 2020-21 school year. The ATPE House of Delegates adopted a resolution in July calling for STAAR and TELPAS testing to be suspended due to educational disruptions caused by COVID-19. This week, school board members in the Austin-area Eanes ISD passed a resolution of their own calling for Gov. Abbott and TEA to suspend the STAAR this year. ATPE Senior Lobbyist Monty Exter spoke to CBS Austin Thursday about the difficulty of administering standardized tests in a non-standardized environment. ATPE Lobbyist Mark Wiggins also spoke today to KXAN News about the growing calls for a testing waiver.


 

Abbott, TEA launch voucher program for students with disabilities

On Oct. 21, Governor Greg Abbott and the Texas Education Agency (TEA) announced a new funding program for students with disabilities that is strikingly similar to previous voucher-like privatization proposals, including “education savings accounts” or ESAs, that have been consistently rejected by Texas lawmakers. The program will enable parents of students with special needs to apply for $1,500 grants for supplemental educational services.

  • The Supplemental Special Education Services program will be funded with $30 million in federal coronavirus relief funding appropriated by Congress through the CARES Act earlier this year.
  • The funds are part of a $307 million federal grant via the Governor’s Emergency Education Relief fund, over which Gov. Greg Abbott has authority with little to no state legislative oversight required.
  • ATPE is criticizing the voucher plan, arguing the COVID-19 relief funds should instead flow more equitably to school districts that already have an obligation under federal law to provide for educational needs, including paying for supplemental services, of students with disabilities.

The new Supplemental Special Education Services (SSES) program is funded by a $30 million allocation from Abbott’s $307 million GEER (Governor’s Emergency Education Relief) fund, which was authorized by Congress through the CARES Act, is administered by the U.S. Department of Education (ED), and is funded with taxpayer dollars. GEER funds can be used on emergency support for K-12 and higher education, as well as support for any other education-related entity in the state the governor deems essential for carrying out emergency educational services to students.

As we reported here on Teach the Vote in April, the federal GEER funds were designed to be “highly flexible,” according to U.S. Secretary of Education Betsy DeVos, who has been a vocal proponent of federally funded vouchers. The streamlined, 15-page application for the GEER funds was essentially an “agree-sign-submit” format with a short questionnaire on how the state intended to use the funds. No public comment period or state legislative oversight was required. In the certification and agreement that Abbott’s office sent to the Education Department earlier this year, there is no mention of using the GEER funds for vouchers. The state plan instead refers to the most notable GEER fund K-12 expenditures, the Texas Home Learning and Operation Connectivity initiatives.

According to a TEA FAQ document on the new program, the SSES will offer $1,500 in an online account for each eligible student through which “goods and services” can be ordered using the money. Eligible students must have been enrolled in public school since the COVID-19 school closures and have a low-incidence disability. The allowable goods and services include private tutoring, educationally related services and therapies from a licensed or accredited provider, textbooks, curriculum, or other instructional materials, and computer hardware, software, or other technological devices that are used for educational needs. TEA will approve vendors for the online voucher account. Approximately 20,000 students could be served through the $30 million allocation at $1,500 each, though the agency says 59,000 students in Texas are eligible. On its website today, TEA noted that details on how the accounts will work are “coming soon.”

The Individuals with Disabilities in Education Act (IDEA) already provides school districts with federal funds to fulfill students’ educational needs under the requirement of a Free and Appropriate Public Education (FAPE). There is no doubt that the pandemic has disrupted education, especially for students with disabilities. However, it is essential that districts receive adequate resources, such as money for extra staffing and personal protective equipment, to fulfill their responsibility under IDEA for all students with disabilities to provide a free and appropriate public education in the least restrictive environment.

Historically, Texas does not have the best track record for meeting its obligation to adequately fund the state’s special education needs; state officials were forced to implement a corrective action plan after 2016 investigations revealed an arbitrary cap on special education program enrollment had resulted in many students being denied the help they needed and were entitled to by law. However, lawmakers, education stakeholders, and the voting public have expressed little appetite for privatization initiatives, even when ostensibly aimed at helping students with special needs.

In 2017, the Texas Legislature, and principally the House of Representatives, rejected Senate Bill 3 (85R), a bill pushed by Lt. Gov. Dan Patrick that would have funded an extremely similar voucher proposal aimed at students with disabilities. The bill would have sent public taxpayer dollars to private entities that provide services to students with disabilities, which are not subject to the protections and accountability required by federal education law. In fact, it would have required participating students to surrender their federal protections under the IDEA.

ATPE members have long opposed using taxpayer dollars to fund private school vouchers, including ESA programs in which there is little oversight of how the money is ultimately spent. ATPE is extremely disappointed the governor has made the unilateral decision to spend our state’s GEER funds in such a manner, not only circumventing the Legislature’s clear opposition to vouchers but also denying the use of this $30 million allocation by public schools that need additional COVID-19 relief and are in a better position to equitably and efficiently provide for the needs of all students with disabilities.

In addition to opposing further efforts to funnel public education dollars to private individuals or entities with little oversight, ATPE urges lawmakers to continue their efforts to improve the state’s school finance system in a manner that will ensure districts have access to the resources they need for serving all students in an equitable and responsible manner. Funding for school districts on behalf of their students should match the actual student needs rather than being based on arbitrary and rigid formulas that can be limiting and frustrating for families.

Read ATPE’s press statement about the SSES announcement here.

Teach the Vote’s Week in Review: Oct. 9, 2020

Education supporters celebrated World Teachers’ Day on Monday. We at ATPE believe every day should be Teachers’ Day, and we thank you for your hard work each and every day! Here are this week’s other education news highlights, brought to you by ATPE Governmental Relations:


CORONAVIRUS UPDATE: Governor Greg Abbott announced this week that he is relaxing restrictions on bars this week, allowing those in counties with low hospitalization rates to open at a capacity of 50%, so long as their county judge opts in.

The Texas Education Agency (TEA) updated its COVID-19 resource page this week to reflect new guidance on attendance and enrollment, stating that school systems choosing to offer only remote instruction for a given day (such as Election Day) must ensure they meet the 75,600-minute requirement for the year and must still offer in-person instruction to families who want it. If the district remains in an approved transition period by Election Day and wants to offer remote-only instruction that day, it would be subject to TEA requirements that some students are present for on-campus instruction. Additionally, TEA noted that although school districts can adopt their own mask restrictions at school for students and staff, they cannot enforce mask requirements for voters on Election Day.

Also, the Texas Public Schools COVID-19 dashboard housed on the Department of State Health Services (DSHS) website was updated this week. The site uses data that school districts report to TEA on the number of test-confirmed cases among students and staff who engage in on-campus activities and instruction. Compared to last week’s reported numbers, the number of positive cases rose by 2.3% among students and 7.8% among staff.

Be sure to check out ATPE’s COVID-19 FAQs and Resources page and these other resources:

  • Get answers to common legal questions about COVID-19 and earn CPE by watching ATPE’s webcasts on our professional learning portal.
  • Use our Parent-Teacher Toolkit, featuring our latest video on giving each other grace.
  • See the pandemic and ATPE’s response evolve through our updated, interactive timeline.
  • Send messages to your government officials through Advocacy Central (for ATPE members only).

ELECTION UPDATE: Early voting begins Tuesday, October 13, and lasts three weeks through October 30. The Texas Supreme Court this week upheld Gov. Greg Abbott’s decision to expand early voting by a week with the aim of easing crowding at polling locations. Meanwhile, federal election money is pouring into Texas — a sign that both parties see a competitive presidential race in our state for the first time in years. That means Texans will see many more campaign ads in the final weeks before November 3, but they may not see another presidential debate. Read the latest in this week’s Texas election roundup post from ATPE Lobbyist Mark Wiggins.

The League of Women Voters hosted a virtual event this week on the importance of learning about down-ballot races and how they impact you. Panelists for the event included ATPE Senior Lobbyist Monty Exter, who described how education is on the ballot from your choice of president, who appoints the U.S. Secretary or Education, all the way down to your school board. Watch the event here.

Raise Your Hand Texas has additional “For the Future” candidate forums taking place next week, where you can learn more about candidates’ stances on public education issues. Click here for details.

Find additional general election voting dates and reminders here, and don’t forget to check out our candidate profiles here on Teach the Vote.


FEDERAL UPDATE: Congressional negotiations on a comprehensive COVID-19 relief bill came to an abrupt halt Tuesday afternoon when President Trump tweeted out, “I have instructed my representatives to stop negotiating until after the election…” The following day, after sharp declines in the stock market caused by his initial tweet, the President reversed course in part by calling for a handful of piecemeal bills. None of these standalone measures favored by the president and Senate Republicans would include relief funding for public education. Stay tuned for updates as the back-and-forth in Washington continues.

U.S. Secretary of Education Betsy DeVos continues to advance a pro-private school voucher agenda in meetings and events around the country. Voucher provisions have also been included in some of the Senate’s recent proposals for additional COVID-19 relief funding. At an event in Wisconsin yesterday moderated by the DeVos-associated “American Federation of Children,” parents complained that their income levels were too high to take advantage of voucher program in that state and argued that income caps should be abolished. Wisconsin already has 43,000 students enrolled in private schools with the assistance of vouchers, and 16,000 students in that state attend charter schools. DeVos and the U.S. Department of Education have also been pushing for the expansion of charter schools, with $33 million in grants announced last Friday for the state of Texas to grow its network of charter schools. Read more in this blog post from ATPE Lobbyist Mark Wiggins.


The State Board for Educator Certification (SBEC) met today, Oct. 9, 2020, voting to allow lifetime Legacy Master Teacher certificates. ATPE initiated the action on the Legacy Master Teacher issue by bringing it to SBEC members after hearing concerns from the field. ATPE Lobbyist Andrea Chevalier also testified against a proposal to allow email notifications of disciplinary investigations against educators, rather than certified and registered mail that is currently required. Read more about the meeting in this post by Chevalier.


 

 

 

Equitable services saga ends following court decision against DeVos rule

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

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

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

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

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

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

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

Betsy DeVos

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

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

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

Senate District 30 special election results

Today, September 29, voters in Senate District (SD) 30 in North Texas headed to the polls for a special election. The Senate seat opened up after Sen. Pat Fallon (R-Prosper) last month announced his plans to resign. Fallon was tapped by the Republican party to replace former U.S. Rep. John Ratcliffe on the ballot in the November general election for the 4th Congressional District of Texas, after Ratcliffe became the Director of National Intelligence (DNI) for the Trump administration. Gov. Greg Abbott quickly called for the special election even before Fallon’s resignation was effected in the solidly Republican Senate district.

Here are the unofficial results of today’s special election:

  • Current state Rep. Drew Springer (R-Muenster) received 31.83% of the votes. Springer was endorsed by the outgoing Fallon along with several other members of the Texas Legislature.
  • Beauty salon owner turned Republican activist Shelley Luther earned 31.7% of the votes. Luther gained national fame after she was arrested for violating business closure orders amid the COVID-19 pandemic, which Gov. Abbott scaled back immediately thereafter.
  • Republican boot company owner Craig Carter brought in 5.53% of the votes.
  • Republican Chris Watts who resigned as Mayor of Denton in order to vie for this seat received 6.28% of the votes.
  • Republican consultant Andy Hopper received 3.59% of the votes.
  • The lone Democratic candidate in the race, electrician Jacob Minter, earned 21.06% of the vote in this heavily Republican-leaning district.

The top two finishers, Springer and Luther, were separated by less than one hundred votes, out of more than 68,000 cast. Since no candidate earned more than 50% of the votes needed to win today, the top two finishers will move on to a runoff. A date for the runoff election has not yet been announced.

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

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


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

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

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

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

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

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

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

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

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


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


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

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


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


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


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

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



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