Tag Archives: Congress

Teach the Vote’s Week in Review: July 3, 2020

This week, we celebrated the anniversary of the 26th Amendment to the United States Constitution, which was ratified July 1, 1971. Since the 26th Amendment lowered the voting age from 21 to 18, now is the perfect time to celebrate with all the young people in your life as you make plans to early vote in the primary runoffs. Here is our wrap-up of this week’s education news from the ATPE Governmental Relations team. We wish you a safe and relaxing Independence Day weekend!


CORONAVIRUS UPDATE: On Thursday, Gov. Greg Abbott made headlines with an executive order requiring that Texans wear masks in public spaces in counties with 20 or more positive COVID-19 cases. There are a few exceptions to the mask order, including for children under 10 years old, those with a medical condition that prevents wearing a mask, and in some specified circumstances such as driving. Violating the order is punishable by fine, but jail time for violations is prohibited. See the full executive order with a list of exceptions and exempted counties here. Abbott also reduced the limits of most allowed gatherings from 100 to 10 people. Both changes take effect at 12:01 p.m. Friday, July 3, 2020.

According to an article by the Texas Tribune republished here on our blog, Gov. Abbott gave an interview on Thursday afternoon in which he speculated about restarting schools this fall. ““If COVID is so serious, it may mean that students are having to learn from home through a distance learning program,” the governor is reported as saying, despite giving earlier assurances that it would be safe for schools to reopen soon. Meanwhile, we continue to wait for the Texas Education Agency (TEA) to provide school districts with health and safety guidance needed to begin the new school year. The agency posted a public health document last week only briefly before quickly pulling it down and calling it a working draft.

ATPE has shared its own Recommended Health and Safety Guidelines to the state and districts, urging them to address the safety concerns of school staff, students, and parents well ahead of a return to in-person classes, especially with the current spike in Texas coronavirus cases. Our recommendations urge TEA to release COVID-19 reopening guidelines and require that prior to the start of the 2020-21 school year, each school district disseminate a local policy describing health and safety measures it will take to mitigate and respond to the threat of COVID-19. ATPE believes TEA should require districts to involve non-administrative, campus-level staff and parents as they develop such policies. Districts should promptly notify employees and parents of their policy, and they must also be ready to adjust their policy should pandemic conditions change. We also provided a list of other considerations for districts to consider as they develop their policy, which include accommodating varying levels of risk factors among their student and staff populations, minimizing person-to-person contact, planning for special populations, adjusting staff  leave policies as necessary, and addressing child care needs of their staff, especially since many districts are now contemplating staggered student schedules or mandatory remote instructional days.

Please visit ATPE’s COVID-19 FAQ and Resources page for news and answers to educators’ commonly asked questions amid the rapid developments during this pandemic. Many of the categories of resources on the TEA Coronavirus Support Page were also updated this week, including an Operation Connectivity Survey, English learner guidance, waivers, finance, and grants (information on synchronous and asynchronous instruction), crisis code reporting results, July 4 public health resources, and child nutrition. Gov. Abbott also extended the P-EBT application deadline to July 31.


ELECTION UPDATE: Early voting for the primary runoffs and the Texas Senate District 14 special election started this Monday. Polls are closed today for the holiday, but early voting will continue through July 10. Election day is July 14, but we highly recommend you early vote in order to avoid crowds and lines. This week, ATPE Lobbyist Andrea Chevalier voted early and documented her experience here on our blog with tips to prepare for a safe trip to the polls.

The education-focused nonprofit organization Raise Your Hand Texas is holding two virtual forums for runoff candidates next week (see below). If you’re not attending the ATPE Summit next week, find more information and submit questions for the candidate forums here.

  • Texas Senate District 19 (San Antonio to Big Bend area) – Tuesday, July 7 at 1:00 p.m. (CDT)
  • Texas House District 26 (Houston/Sugar Land area) – Thursday, July 9, from 11:30 a.m. to 1:30 p.m. (CDT)

We know that the COVID-19 pandemic is creating many challenges for our public education system that will be long-lasting and require a commitment of support from our elected officials. Voting is the best way to influence laws and policies in Texas that will affect your profession, your schools, and your students. Find a list of polling places where you can vote here. Generate a personalized sample ballot here. Review candidate profiles here on Teach the Vote. Stay safe, Texas voters!


FEDERAL UPDATE: On Wednesday, July 1, the U.S. Department of Education officially published a final interim rule that states how public school districts must spend their CARES Act federal emergency funds for equitable services offered to private schools. The rule became effective immediately upon being published, but it is open for public comment through July 31, 2020. TEA held an update training session on Thursday in light of the changes; expect to find the training recording on TEA’s Grant Compliance and Administration YouTube playlist here. The new rule gives districts two options – spend CARES Act funds only on Title I schools and follow the longstanding interpretation of equitable services under federal law, or spend CARES Act funds on all schools and be held to the questionable interpretation of the equitable services law advanced by U.S. Department of Education Secretary Betsy DeVos. Read ATPE Lobbyist Andrea Chevalier’s post on the rule from last week for more information.

DeVos also announced final rules that impact the Teacher Education Assistance for College and Higher Education (TEACH) Grant program, which provides up to $4,000 a year to college students who are taking certain courses in preparation to teach, so long as they continually certify that they meet certain requirements when they become teachers, such as teaching in a low-income school. If recipients do not continue to meet the requirements, the grant is converted to a loan. As reported by the Government Accountability Office (GAO) in 2015, many TEACH Grant recipients had their grants converted to loans due to confusion over the requirements. The new rules change the department’s practices to expand how recipients can fulfill their service obligation, simplify the employment certification requirements, and allow recipients whose grants have been converted to loans to request a reconversion, among other provisions. Read a fact sheet on the rules here.


This week, ATPE Senior Lobbyist Monty Exter set the record straight on erroneous claims that teachers can temporarily retire due to the pandemic. The “temporary retirement” myth was mentioned in a news story following a conference call national teacher union affiliates held with Texas reporters last week. The Teacher Retirement System (TRS) has made it clear that there is no such option for “temporary” retirement, explaining that any teacher who retires and then returns to employment will be held to a fixed annuity amount as of their retirement date. There are a number of restrictions on early retirement that educators should consider. Read retirement facts in this blog post by Exter.


New data show student engagement declined when the pandemic forced schools to close this spring. The Texas Education Agency (TEA) released crisis code reporting data this week, which includes crisis code reporting on student “engagement” and indicates that more than 600,000 students (about 11% of the student population) had inconsistent or no contact with their teachers or administrators. ATPE’s 2020 Membership Survey provided even more concerning data related to engagement, as just over 65% of our survey respondents reported that their students were less engaged during virtual learning. Moving forward, TEA and school districts will need to prioritize data collection and planning that works towards eliminating barriers students faced when attempting remote learning this spring, which goes far beyond access to Internet and devices. Read more in this blog post by ATPE Lobbyist Andrea Chevalier.


The State Board of Education (SBOE) met this week to address several agenda items, including revision of physical education and health TEKS, which garnered over 12 hours of virtual testimony on Monday. Votes on proposed revisions to the curriculum standards will not occur until a future meeting of the board.

On Tuesday morning, Commissioner of Education Mike Morath appeared before the board during its virtual meeting and fielded questions from SBOE members on topics such as testing and how teachers would be protected against COVID-19 risks when schools reopen. The commissioner said no decision has been made yet as to whether Texas will seek a federal waiver of testing and accountability requirements like it did during the spring when schools were forced to close. Read a summary of Morath’s comments to the board in this blog post by ATPE Lobbyist Andrea Chevalier.

The SBOE committees’ work on Wednesday was largely uneventful, although the Committee on Instruction did amend an agenda item to keep computer science as a required high school course. On Thursday, the full board had a lengthy discussion about increasing the capacity of the charter school bond guarantee program by 20%. Upon a motion by Member Ruben Cortez (D-Brownsville), the board voted 5-9 in favor of maintaining the increase. The board moved forward with ease on their other agenda items.


An accurate count for Texas in the 2020 U.S. Census is essential for adequate funding of public schools and other services that will be sorely needed in the aftermath of the coronavirus pandemic. The Census Bureau has launched a self-response rates map, showing Texas currently ranks 40th and is tied with Arkansas. Rankings by county and city are also available, creating the perfect opportunity for some friendly competition! Congratulations to Mountain City, Texas and Fort Bend County for the highest census completion rates in Texas!

Find a Census response rate competition toolkit here, and keep spreading the word on social media and in other communications with family, friends, and the community about the importance of filling out the census questionnaire.

Teach the Vote’s Week in Review: June 12, 2020

You have until Monday, June 15, to register to vote in the July 14 primary runoff election (and a special election if you happen to live in Texas Senate District 14). While you are making your voting plan for the July election, check out this week’s education news from ATPE Governmental Relations.


CORONAVIRUS UPDATE: Phase three to reopen Texas is well underway, with restaurants allowed to expand capacity to 75% starting today. By next Friday, amusement parks and carnivals in counties with more than 1,000 confirmed positive cases of COVID-19 may open at 50% capacity. Gov. Greg Abbott spoke with CBS Austin this week and noted that, with cases on the rise, his contingency plan should there be a resurgence will be to first roll back non-essential surgeries and other medical procedures.

The Texas Education Agency (TEA) updated quite a few coronavirus-related web resources this week. TEA’s closure support and guidance page includes updates on personal protective equipment and other safety guidance for summer school, graduation, and UIL. Information on residential programs has been updated on the special education page. TEA also provided an updated COVID-19 waivers document.

Changes were also announced this week that will impact educator certification candidates who are beginning internship requirements but have not taken their test and candidates who are required to complete otherwise face-to-face educator preparation program (EPP) requirements in the 2020-21 school year. Specifically, eligible candidates who are beginning internships will be able to obtain an intern certificate upon recommendation of their EPP, without having to meet testing requirements first. (Fingerprinting requirements remain in place.) This is similar to a previous waiver that allowed certification candidates who had completed all EPP requirements except their test to obtain a probationary certificate. Candidates who would otherwise be expected to complete face-to-face requirements such as clinical teaching will be able to meet these in a virtual setting. Read more here and find more information below about similar developments at the State Board for Educator Certification this week.

As always, ATPE’s Coronavirus FAQ and Resources page is being frequently updated with the latest information on COVID-19 issues for educators.


ELECTION UPDATE: It’s almost election time again! The deadline to register to vote in the July 14 runoff election (and a Texas Senate District 14 special election happening the same day) is Monday, June 15, 2020. For more on registration and why this election is important, check out this week’s blog post by ATPE Lobbyist Mark Wiggins.

Make sure you’re registered and learn what’s on your ballot here. View candidate profiles, including their ATPE survey responses and voting records, on Teach the Vote here. If you feel you meet the eligibility criteria to vote by mail, your application for a mail-in ballot must be received by your local election administration (not postmarked) no later than July 2. Find additional information about voter registration from the League of Women Voters here, plus get election reminders and other resources from the Texas Educators Vote coalition here. Early voting begins June 29!


FEDERAL UPDATE: Facing the unprecedented threat of the deadly novel coronavirus, Congress entered the spring of 2020 with what has become an extremely rare sense of bipartisan purpose, passing four large legislative packages to provide funding for hospitals and health care workers fighting the virus, as well as for businesses and individuals affected by the closures and stay-at-home orders implemented to prevent the spread of COVID-19. The federal CARES Act provided $30 billion for the U.S. Department of Education, including $13.5 billion for elementary and secondary education formula funding to be provided directly to states.

David Pore

ATPE has been tirelessly lobbying Congress to enact laws and policies that protect your ability to effectively educate students and retire with financial security. That includes fighting to repeal the arbitrary Social Security offsets that unfairly reduce the retirement benefits of educators. Read more about how ATPE is advocating for you in Washington, D.C. in this update from ATPE’s federal lobbyist, David Pore, as published in the ATPE News Summer 2020 edition.

 


The State Board for Educator Certification (SBEC) held a special meeting this week to consider a new rule that will allow more flexibility for educator certification candidates undergoing face-to-face requirements such as internships, field experiences, clinical experiences, practicums, and observations. The changes will be limited to the 2020-21 school year and will allow for at least partial completion of these requirements in a virtual setting. Read more about yesterday’s SBEC meeting and the proposed rule language in this blog post by ATPE Lobbyist Andrea Chevalier.


A recent study by researchers at Princeton and Tufts Universities finds that “teachers are people too,” when it comes to racial biases. In the peer-reviewed study published in the prestigious journal Educational Researcher in April 2020, the authors found that teachers, while surely well-intentioned, are no different in their levels of implicit and explicit biases from non-teachers of the same race, level of education, age, gender, and political affiliation. This finding highlights the need for training and supports to help teachers work toward recognizing and combating biases that may negatively impact students. The study authors also point out that due to the progress we must make with respect to teacher racial bias, schools are not likely to be the great societal equalizers that so many conclude they are. Read more about the study here.

Teach the Vote’s Week in Review: June 5, 2020

It’s been a difficult week of unrest around the country, falling on the heels of what was already a stressful spring semester for students and educators. As Texas enters phase three of reopening, many districts are contemplating the 2020-21 school calendar and a safe return to school that will meet the needs of staff and students. See our headlines below and read a recap of education developments this week from the ATPE Governmental Relations team. And don’t forget to register to vote by June 15 for the July 14 elections. Your vote is your voice!


CORONAVIRUS UPDATE: On Wednesday, Gov. Greg Abbott announced “phase three” of the reopening of Texas. In phase three, all businesses may operate at 50% capacity, with limited exceptions, and restaurants can seat bigger parties and expand their occupancy limits. Large outdoor events, such as Fourth of July celebrations, were made permissible but determinations on such events will be up to local officials. No changes for schools were announced in phase three. Find full details here.

Visit ATPE’s continually-updated Coronavirus FAQ and Resources page for the latest information on COVID-19 issues. The Texas Education Agency (TEA) updated its coronavirus-related web resources this week as well, including updates on special education (continuity of learning), academics (Texas College Bridge and graduation), crisis code reporting guidance, reading diagnostics instruments guidance, and funding (CARES Act updates and FEMA guidance regarding a hurricane amid COVID-19).


ELECTION UPDATE: On Thursday, the U.S. Fifth Circuit Court of Appeals issued a permanent stay against a lower federal court’s ruling that ballot by mail could be expanded to all Texans. Further appeals are possible. This development follows last week’s Texas Supreme Court ruling that lack of immunity to the coronavirus does not constitute a disability that would make one eligible to vote by mail, but also explaining that it is up to voters to decide whether to claim a disability and local election officials need not verify such claims. Read more in yesterday’s blog post by ATPE Senior Lobbyist Monty Exter.

The deadline to register to vote in the July 14 runoff election (and a Texas Senate District 14 special election happening the same day) is only 10 days from now on Monday, June 15. Make sure you’re registered and learn what’s on your ballot here. View candidate profiles, including their education survey responses and voting records, on Teach the Vote here. If you feel you meet the eligibility criteria to vote by mail, your application to receive a mail-in ballot  must be received by your local election administration (not postmarked) no later than July 2. Find additional information about voter registration from the League of Women Voters here, plus get election reminders and other resources from Texas Educators Vote coalition here,


As parents consider their children’s return to school this fall, they might wonder about virtual schooling options. However, a recent peer-reviewed study showed students who switched from brick-and-mortar schools to virtual charter schools experienced substantial learning loss compared to their traditional public school peers, even controlling for other demographic, teacher, and classroom factors. Perhaps it is virtual class sizes of 100 students or the profit-oriented nature of many virtual schools that leads to less learning. Educators would likely agree it is the lack of face-to-face, authentic interaction and relationship-building, which are essential to teaching and learning. Learn more about the study in this blog post by ATPE Lobbyist Andrea Chevalier.


School calendars and the return to school facilities remain hot topics this week. As we previously reported on Teach the Vote, school districts were allowed to reopen their facilities on June 1 for summer school. Some districts, such as Houston ISD and others, will only offer virtual summer school options as they cite challenges to implementing the health and safety protocols outlined by the Centers for Disease Control and the TEA. Texas Public Radio reported this week that at least two school districts in San Antonio will open for limited summer school programming with both in-person and virtual options. District plans include having students eat lunch at their desks, keeping students six feet apart, taking temperatures daily, and limiting group sizes.

ATPE GR Director Jennifer Mitchell

School districts are also fervently deciding on their 2020-21 school calendars and related budgeting matters. In an opinion piece published June 1 by the Dallas Morning News, ATPE Governmental Relations Director Jennifer Mitchell wrote about the challenges surrounding school calendar decisions in light of the coronavirus pandemic. In addition to health and safety considerations, many other factors need to be taken into consideration. As the Texas Education Agency (TEA) urges schools to consider longer, more flexible calendars, the extra costs of building in additional instructional days cannot be ignored at a time when many are worried about the impact of the pandemic on the next state budget. Calendar changes also impact businesses and working parents, too. “Few parents have the luxury of taking six weeks of additional leave from their jobs if students are sent home from school for extended breaks,” says Mitchell. ATPE has urged TEA to provide comprehensive guidance to help school boards navigate these decisions, and as noted in Mitchell’s op-ed, we also urge the community to support the school districts and educators who are taking on these challenges.

School start dates are a particular concern for many educators now that summer is here. Austin ISD still expects to start the school year August 18, the same date previously approved by its board earlier this year, but several other districts are heeding TEA’s advice to move up the start of the next school year. Alief ISD‘s 2020-21 calendar, posted this week as an example on the TEA website, includes an earlier start date in August, two extra instructional days, and extra week-long flexible breaks in October and February that could be used for instruction if needed. It is important for educators to pay close attention to calendar deliberations in their districts, especially since the school start date directly affects the deadline for educators to resign without penalty.

Educators can find resources and answers to frequently asked questions about returning to school on ATPE’s Coronavirus FAQ and Resources page. As calendar decisions are being contemplated, we also encourage educators to take advantage of any opportunities to share their voices at school board meetings or whenever staff or community input is sought by the district.


ATPE joined 20 other organizations writing a letter to Texas Education Commissioner Mike Morath urging support for prioritizing students’ mental health and social-emotional needs, especially as those needs have been magnified by the coronavirus pandemic. As stress and reports of family violence and trauma have increased across the state, the letter calls for the Texas Education Agency (TEA) to use available resources to infuse mental and social-emotional health strategies and practices into the state’s education priorities for the benefit of students and school staff alike. The letter was spearheaded by Texans Care for Children, a non-profit focusing on the well-being of Texas families and children.


U.S. Rep. Kevin Brady

With more educators thinking about retiring from the profession in the wake of the coronavirus pandemic, many are concerned about their Social Security benefits. Spearheaded by our Washington-based lobbyist David Pore, ATPE continues to urge Congress to repeal the Windfall Elimination Provision (WEP) that reduces many educators’ Social Security benefits. One of those leading a bipartisan effort to replace the WEP with a more equitable solution is U.S. Rep. Kevin Brady (R-The Woodlands, Texas), former chairman and now ranking member of the U.S. House Committee on Ways and Means. Texas Retired Teacher Association (TRTA) Executive Director, Tim Lee, sat down with Rep. Brady this week for a Facebook Live conversion about the congressman’s efforts to reform the WEP. As noted by Lee (on the video at 13:15), ATPE has worked with TRTA and Rep. Brady for many years on pursuing WEP relief both for educators already retired and those who will retire in the future.

To learn more about the WEP and how it might affect you, read this Teach the Vote blog post or the Social Security information on the main ATPE website.

Teach the Vote’s Week in Review: May 29, 2020

These are the strangest last days of school. No bustling students, smiling and excited for summer. No hugs goodbye or “Have a great summer” notes. Socially-distanced graduation ceremonies. Rest assured, students and teachers will be reunited in the coming future, more grateful than ever for the bond that is created during learning. As you start your summer, relax and enjoy some reading on this week’s education news from the ATPE lobby team.


Abbott press conference in Amarillo, May 27, 2020.

CORONAVIRUS UPDATE: On Tuesday, Gov. Greg Abbott issued a proclamation to expand services and activities that can be reopened in Texas, including water parks, driver education programs, and food courts in shopping malls (with limited occupancy). As previously announced, zoos can reopen today, and on Sunday, youth camps and sports can resume activity. Abbott also held a press conference Wednesday in Amarillo to share positive updates on the progress of testing and containment of the outbreak in the panhandle.

On Monday, schools have been authorized to reopen to students with special safety measures in place, such as taking students’ temperatures every day and separating desks by six feet (among many others). Citing logistical concerns with the feasibility of implementing such requirements, Houston ISD and other districts in the area have chosen to implement online-only summer school. Other districts may only offer statutorily-required summer school to rising kindergarten and first grade English learners. Midland ISD is collecting data from parents and teachers on how to proceed with learning in the upcoming school year. Ft. Bend ISD announced this week that it plans to offer a full-time virtual learning option for its students who are not comfortable returning to school in-person in the fall.

As more districts gather input from their communities and make decisions regarding summer and fall learning, we expect to see a variety of approaches emerge. To help educators navigate these changes, ATPE continues to update our Coronavirus FAQ and Resources page. The Texas Education Agency also has updated nearly every topic on its coronavirus-related webpage, including new year-round calendar examples and guidance pertaining to special education, special populations (English language learner summer school guidance), academics (dyslexia screening requirements), student assessment, and funding (CARES Act guidance).


ELECTION UPDATE: This week, the Texas Supreme Court ruled that lack of immunity to the novel coronavirus does not constitute a disability, overturning a lower court decision that would have effectively expanded who can vote by mail in Texas. The court did not, however, side with Texas Attorney General Ken Paxton in forcing local election officials to check the disability status of those who apply for a ballot by mail. A separate case in the U.S. Fifth Circuit is still pending.

In light of the health risks associated with voting in person, Gov. Abbott said this week in an interview (see the 4:30 mark) with Lubbock news station KCBD that he will extend the two-week early voting period for the November 2020 election.

Secretary of State Ruth Hughes this week announced a minimum health and safety protocol for voters and poll workers, which includes bringing your own ballot-marking device and curbside voting if you have COVID-19 symptoms and meet other eligibility requirements. Read more in this week’s election roundup post by ATPE Lobbyist Andrea Chevalier.


FEDERAL UPDATE: This week, U.S. Secretary of Education Betsy DeVos announced that the Department of Education (ED) would begin rulemaking to solidify its guidance directing public school districts to spend federal stimulus funds on private schools. This follows Texas’s issuance of its own CARES Act guidance, which instructs districts to heed ED’s interpretation of the “equitable services” provision within the law.

Betsy DeVos

Many argue that DeVos’s interpretation of how “equitable services” funds should be distributed under the CARES Act is actually inequitable. Her department’s direction could send an unprecedented amount of Title I-based federal emergency dollars to private schools, regardless of their students’ income, language status, or other eligibility criteria typically required by federal education law. Read more about the dispute over CARES Act funding in this blog post by ATPE Lobbyist Andrea Chevalier.

ATPE’s federal lobby team continues to discuss our concerns with lawmakers, and we will provide formal input on any new rules that are proposed by the department. However, it’s been reported that ED may use a “good cause” exception under federal administrative procedures to try to make the rule change effective immediately upon its publication, even before the public comment period expires. The U.S. House passed a new coronavirus relief bill earlier this month that would limit Secretary DeVos’s power to steer federal coronavirus relief funds to private schools, but the Senate has not been willing to consider the measure.


ATPE recently submitted formal comments on proposed rules for the Teacher Incentive Allotment (TIA) established through last year’s House Bill 3. The proposed commissioner’s rules outline key aspects of the TIA’s local optional designation systems, such as data sharing requirements, teacher eligibility, and the district plan approval process. ATPE’s comments to the agency highlight the need to maintain confidentiality in data sharing and recommend other changes to improve the rules. Read more in this blog post by ATPE Senior Lobbyist Monty Exter.


Recent surveys on education during the COVID-19 pandemic show parents and educators are worried about their students, mainly with learning loss and children’s ability to follow social distancing guidelines if they go back to school. They also appear to agree with the general public  in not wanting an extended school year calendar, instead preferring summer school options. Read more about the Learning Heroes Parent 2020 survey and the USA Today/Ipsos polls of parents and teachers in this blog post by ATPE Lobbyist Andrea Chevalier.

Do YOU want to take a survey and share your thoughts, too? Until June 3, ATPE invites educators  to share your concerns about returning to campus for the 2020-21 school year in ATPE’s short, confidential survey. You don’t have to be an ATPE member to participate, so please share the survey with your colleagues, too. Help us develop resources and support Texas educators and students during these uncertain times.

Dispute over CARES Act funding for private schools intensifies

Secretary DeVos testifies before U.S. House Appropriations subcommittee, Feb. 27, 2020.

U.S. Secretary of Education Betsy DeVos issued guidance in late April that directed public school districts to use their federal emergency funds under the CARES Act to provide “equitable services” to all non-profit private school students in their bounds. After building strife among education stakeholders and leaders, DeVos has now announced that her department will be “issuing a rule on the topic in the next few weeks and inviting public comments.”

There are two main differences between DeVos’s new interpretation of equitable services under the CARES Act and its strict interpretation under federal education law. Under various titles of federal education law (Title I, Part A; Title II, Part A; Title III, etc.), a school district’s duty to provide equitable services is based on students residing in a public school’s attendance area and the proportion of children who meet the criteria of that title, such as students who are from low-income families, migrants, or English language learners. The provision of services, such as tutoring or teacher professional development, is meant to make the private school option commensurate with the public school option for those students. DeVos’s novel interpretation argues that these eligibility criteria don’t apply for CARES Act funds, even though 90% of the funds are distributed by Title I formulas.

As reported last week by Politico, U.S. Senator Lamar Alexander (R-TN), who chairs the U.S. Senate Health, Education, Labor, and Pensions Committee, agrees with many others that DeVos’s interpretation differs from what Congress intended. “My sense was that the money should have been distributed in the same way we distribute Title I money,” said Alexander, adding, “I think that’s what most of Congress was expecting.”

DeVos has received negative feedback on this issue from members of Congress, state education leaders, and other groups. Among them is the Council of Chief State School Officers (CCSSO), which has argued that the department’s new interpretation is inequitable. Some states, including Maine and Pennsylvania, for instance, have decided to ignore the secretary’s guidance. Others such as Tennessee and Texas plan to require their school districts to heed the secretary’s recommendations, as we have reported here on Teach the Vote. The threat of rulemaking to formally codify DeVos’s interpretation is clearly meant to bring in line those jurisdictions that have objected to expanding the CARES Act funding eligibility.

In a May 22 letter (written in the form of a reprimand), DeVos responded to the opposition from CCSSO, using it as an opportunity to announce her intent to initiate the rulemaking process. The announcement marks a shift in tone and intensity, as the department’s move to a formal rule instead of guidance is much more binding. In the letter, DeVos argues that for purposes of the CARES Act, an interpretation of equitable services that only acknowledges students traditionally served by the provision under federal education law would discriminate against all other private school students, including those who are wealthy or otherwise advantaged. The secretary notes that 90% of the emergency funds appropriated by Congress through the CARES Act are directed toward public school students. While seemingly acknowledging that the CARES Act funds were based on the enrollment of students in public schools and flow through a Title I-based formula, DeVos insists in her letter that all students have been impacted by the pandemic. “The virus affects everyone,” writes the secretary.

As many educators know, equity is not equality. Equity makes up for inequalities in society by directing more resources and supports to those who need them the most. Providing “equitable services” to advantaged students on the grounds that these students are otherwise being discriminated against effectively nullifies the entire intention of equity. The federal government’s new approach to equitable services is actually more likely to widen the opportunity gap between our nation’s students.

ATPE has already communicated with our state’s congressional delegation about this issue will continue follow the rule-making process closely as it develops. Check back on Teach the Vote for updates and follow Teach the Vote on Twitter.

Teach the Vote’s Week in Review: May 22, 2020

As the 2019-20 school year winds down, state leaders continue to open Texas back up. While parents, students, and teachers focus on end-of-year tasks and COVID-modified celebrations, many education leaders are already focused on summer learning and how school will roll out next fall. This Memorial Day weekend, we hope our readers will get to take a much deserved break before starting the next chapter.


Gov. Abbott’s May 18th press conference

CORONAVIRUS UPDATE: On Monday, May 18, Gov. Greg Abbott held a press conference to announce the further reopening of Texas. Child care centers and youth clubs were allowed to reopen that day, and businesses were allowed to have a limited number of employees back in the office. Today, restaurants may increase their capacity to 50% and bars can open at 25% capacity. On May 31, day camps and certain professional sports (without in-person spectators) can resume activity.

On June 1, schools can reopen to students, according to the governor, but with enhanced safety measures and physical distancing requirements in place. As noted in this article from the Texas Tribune republished on our site this week, Texas schools cannot require students to attend in the summer. Districts can make summer school attendance a condition for grade promotion, but only if they offer a distance learning option.

In conjunction with the governor’s announcement about summer school, the Texas Education Agency (TEA) outlined health and safety considerations for reopening schools next month, such as taking students’ temperatures daily and having students eat lunch at their desks. These overlap with the more comprehensive CDC school considerations, which also emphasize using masks and direct school systems to train their staff, have a back-up staffing plan, and strengthen paid/sick leave policies.

For more coronavirus-related resources from TEA, click here. Visit ATPE’s frequently updated Coronavirus FAQ and Resources page and follow the ATPE lobby team via @TeachtheVote on Twitter for developments on the response to COVID-19. Also, check out our recent recap of legislative and regulatory developments impacting Texas and education since the pandemic began.


The Texas Education Agency (TEA) is attempting to respond to numerous questions about what next year’s school calendars will look like. Commissioner of Education Mike Morath has spoken several times recently about flexible school years, urging schools to consider starting the 2020-21 school year earlier, ending it later, and building in flexible “breaks” to accommodate pandemic-related issues.

TEA’s new school calendar FAQ stresses that calendar changes are local school board decisions, but that the calendar is a “key lever” in addressing student learning loss, even if this causes financial strain on the district. Teacher pay and contracts are also briefly addressed in the new FAQ, which states that, “in most cases, a district can require its teachers to work the extra days if the district: 1) provides additional compensation under existing contracts that permit extended calendar/number of days worked flexibility to the teachers for the extra time required to complete the adjusted school year; and 2) extends by agreement the existing teacher contracts to address the extra time and any associated compensation.”

ATPE member and former Texas Teacher of the Year Stephanie Stoebe told CBS Austin news this week, “I could support us having longer breaks. I could support year-round school, but I definitely believe we need to be in the classroom.” Also featured in the story, ATPE Governmental Relations Director Jennifer Mitchell noted that difficult school calendar decisions involve considerations such as childcare arrangements and the potential need for more funding that some districts may not have. Read ATPE’s recent press statement about school calendar concerns here.


TEA released new guidance yesterday on CARES Act funding for school districts, which includes information about using federal stimulus funds to provide services to private school students and the ability of districts to use the emergency funds to supplant, not supplement, obligations in their current budgets.

Commissioner Mike Morath

As expected, Texas Education Commissioner Mike Morath sided this week with U.S. Secretary of Education Betsy DeVos’s interpretation of “equitable services” under the CARES Act. DeVos asked states to instruct their public school districts to use Title-I-based federal emergency education funds to provide services (such as teacher professional development and technology) to all non-profit, private school students in their bounds, regardless of income or student residence location. This interpretation differs from the long-established intent behind the equitable services provision in Title I of federal education law, which requires equitable services only for students who reside within a public school’s attendance zone located in a low-income area and are failing or at risk of failing to meet achievement standards.

Read more about the development in this Teach the Vote blog post.


ELECTION UPDATE: The on-again/off-again saga of mail-in voting in Texas continues, but appears to be off again for now. The Texas Supreme Court heard arguments this week on whether to expand mail-in voting in light of concerns about the spread of COVID-19. A state district court and appellate court both ruled in favor of expanding mail-in voting, but Texas Attorney General Ken Paxton (R) appealed the rulings.

Also this week, a federal judge ruled that the state’s current restrictions on voting by mail violate the Equal Protection Clause of the U.S. Constitution and that all registered voters in Texas could apply to vote by mail. Again, at the request of Paxton, the U.S. Fifth Circuit Court of Appeals agreed one day later to temporarily stay the expanded vote-by-mail ruling while it decides whether to substantively overturn the decision.

Read more on the dispute in this week’s Texas election roundup blog post from ATPE Lobbyist Mark Wiggins.


Gov. Greg Abbott, Lt. Gov. Dan Patrick, and Speaker of the House Dennis Bonnen (R-Angleton) sent a letter this week to state agencies and institutions of higher education asking them to submit a plan to reduce their budgets by 5% for the current biennium.

State leaders suggest cutting administrative costs that are not “mission critical.” The Foundation School Program, school safety, and employer contributions to the Teacher Retirement System, among other essential government functions, are excluded from the call for a reduction.

Looking ahead to the next two-year state budget that lawmakers will adopt in 2021, the letter from “the big three” leaders also warns of additional belt-tightening in the months ahead.

“Every state agency and institution should prepare to submit reduced budget requests as well as strategies to achieve further savings. Furthermore, when the state revenue picture becomes clearer in the coming months, it may become necessary to make additional budget adjustments.”


ATPE wants to hear from you regarding your concerns about returning to campus for the 2020-21 school year. We invite educators to take our short, confidential survey to share your feedback. Your input will help us develop resources and provide support for Texas educators and students during this uncertain time.

This survey is open to any Texas educator, so please share it with your colleagues. The survey may be taken only once from an IP address and will remain open through June 3.

Texas signals it may send federal K-12 dollars to private schools

This post has been updated from its original version to reflect new guidance issued by the Texas Education Agency on May 21, 2020. See details at the bottom.

Federal stimulus funding appropriated by Congress to help states and school districts deal with the effects of the coronavirus pandemic could find its way into the coffers of private schools and virtual education vendors. Even though public schools sorely need the federal emergency funding for their own students, U.S. Secretary of Education Betsy DeVos is calling for districts to set aside an unprecedented amount of their CARES Act funds for use by private schools. While other states have pushed back against that guidance, Texas officials seem more inclined to go along with Devos’s plan.

The Coronavirus Aid, Relief, and Economic Security (CARES) Act allocated $13.5 billion for the K-12 Elementary and Secondary School Emergency Relief (ESSER) fund and another $3 billion for the Governor’s Emergency Education Relief (GEER) fund for K-12 and higher education needs. While both streams of funding are based to some degree on the number of low-income students, 90% of CARES Act funding aimed at K-12 schools will be distributed using Title 1 formulas. Second only to California, Texas is set to receive $1.29 billion in CARES Act ESSER funds and $307 million in GEER funds.

At the end of April, DeVos issued guidance from the U.S. Department of Education (ED) directing school districts to use their federal emergency funding under the CARES Act to provide “equitable services” to all students attending private schools in their districts, which is a dramatic expansion of the population qualified to receive such services. As districts look to use these funds, questions remain as to whether Texas officials will press districts to adhere to ED’s questionable guidance.

“Equitable services” is a term that has existed in the Elementary and Secondary Education Act (ESEA) since its passage in 1965. It refers to a school district’s duty to a specific population of students — those who live in the attendance zone of a Title I school, are low achieving on the basis of multiple, educationally related, objective criteria, and attend a non-profit private school. After a consultation process and an equitable services agreement with a private school, districts must provide equitable services to eligible students. Services include such things as counseling, professional development for the students’ teachers, or other instructional services that would improve their academic outcomes. DeVos, a long-time supporter of private school vouchers, wants to expand the population of eligible students from those described above to cover all private school students, including those from wealthy areas or not at risk of poor educational outcomes.

U.S. Secretary of Education Betsy DeVos

Under federal law, the proportion of funds districts set aside to pay for equitable services agreements is determined based on the number of eligible students living in the attendance zone of the public school district as a percent of total Title I eligible students. DeVos and her ED colleagues, however, have interpreted the CARES Act in such a way as to divorce it from the ESEA’s standard eligibility criteria for equitable services. The interpretation effectively requires public school districts to offer equitable services to all non-profit private school students living in the district. This includes private schools that have never participated in an equitable services agreement in the past. To illustrate the change, the ED guidance includes a simple proportional example in which 10% of the children in a school district’s attendance zone are enrolled in private schools, which would be eligible now to receive 10% of that school district’s ESSER and GEER funds.

The secretary’s privatization efforts are no surprise to the education community, which has witnessed numerous privatization and anti-public school proposals being pushed from the start of DeVos’s tenure, from partnering with Sen. Ted Cruz to promote his federal voucher legislation to her most recent call for microgrant vouchers using federal emergency funds. Unable to garner congressional approval for the Trump administration’s voucher ideas, DeVos appears to be circumventing the legislative process by exploiting perceived ambiguities in emergency legislation that was intended to help public schools address the coronavirus crisis.

An electronic board in the Texas House chamber showed legislators’ votes for a budget amendment prohibiting vouchers in 2017.

The decision on how to use federal emergency funds meant for public schools is now mostly up to governors, state education agencies, and local school districts. As we have been reporting here on Teach the Vote, ED’s parameters for implementation of the CARES Act give governors significant discretion over how their state will spend the stimulus money. There are fears that Gov. Greg Abbott will allow the state’s set-aside of federal emergency funds to be used for private school voucher or virtual voucher programs here in Texas. Such an executive action would fly in the face of numerous polls that have shown little appetite among Texas voters for private school vouchers, not to mention repeated decisions by Texas legislators to reject voucher bills.

We expect to hear soon, perhaps this week, more detail on how state officials intend to use Texas’s CARES Act funds. The Texas Tribune reported in an article published today that Texas will adhere to DeVos’s plan for making at least a portion of the stimulus money available for all private school students, according to the Texas Education Agency. Unlike the other states that have rejected DeVos’s guidance, it appears that Texas state officials are poised to direct school districts to adhere to the ED recommendation, or possibly even take state-level action to funnel CARES Act funds to private schools prior to sending the remaining money to public school districts.

Stay tuned to our blog and @TeachtheVote on Twitter for the latest as developments occur.


UPDATE as of May 21, 2020: The Texas Education Agency published new guidance on CARES Act funding for school districts on May 21, 2020. Confirming the state’s decision to abide by the direction from Secretary of Education Betsy DeVos to expand eligibility for equitable services, the agency explains in its FAQ document that school districts must use their stimulus funding to offer equitable services to all private nonprofit schools within the attendance zone. TEA adds that the district must provide the services, as chosen by the private school, to any of the private schools who opt to participate. Under this guidance, school districts would not be forced to send the stimulus money directly to the private school for its own discretionary use, but the districts would have to pay for services requested by the private school

Teach the Vote’s Week in Review: May 8, 2020

Happy Teacher Appreciation Week! Hardworking educators have been in the spotlight this week, but soon the attention will shift to graduating seniors. Who is ready for virtual graduation ceremonies from home and honking parades of whooping high school seniors down the street? We are excited for the good news this week that teachers and students can celebrate their accomplishments (safely). Here is more of this week’s education news from the ATPE lobby team:


CORONAVIRUS UPDATE: For a comprehensive look at the intersection of COVID-19 and education, from the first major event cancellation to the road ahead, ATPE’s lobbyists have compiled a new summary this week of the legislative and regulatory developments since the crisis began. Read the coronavirus recap in this May 8 blog post.

On Tuesday, Gov. Greg Abbott expanded the types of businesses that can reopen in his phased plan to reopen Texas. Today, salons, barbershops, and pools will join malls, movie theaters, retail stores, restaurants, museums, and libraries as those that can reopen their doors to limited numbers of customers. This development is a change from Abbott’s previous declaration that the state would wait two weeks before expanding which businesses can open. It is still expected that gyms, office buildings, and non-essential manufacturing facilities will open (with occupancy limitations) on May 18. Abbott also modified his previous order by allowing weddings with social distancing guidelines.

Commissioner Morath speaks at Gov. Abbott’s press conference, May 5, 2020.

Education Commissioner Mike Morath joined Abbott at his press conference Tuesday to talk about graduation ceremonies. Under Abbott’s orders, graduation ceremonies and grade promotion ceremonies must be approved by the Texas Education Agency (TEA) and adhere to certain stipulations. Outdoor ceremonies are allowed in rural counties between May 15 and May 31, and only with social distancing protocols in place. On or after June 1, outdoor ceremonies will be allowed in any Texas county. TEA has also suggested other options such as hybrid ceremonies (where students are video-recorded receiving their diplomas one-by-one and these videos are stitched together for a virtual ceremony), all-virtual ceremonies, and vehicle-based parades and drive-in ceremonies. Perhaps you’ve heard (literally) of some districts already honoring their seniors through “honk lines” or seen yard signs popping up to celebrate graduating seniors. TEA has provided guidance on graduation ceremonies here.

Also this week, TEA updated its main coronavirus resource page on nearly every topic and added new superintendent debriefs. Among many other things, TEA has provided updates to the protocol for employees who are accessing school buildings, the FAQ on optional end-of-year assessments (which will NOT be used for accountability), and the educator certification and preparation FAQ (including answers to questions about probationary certificates, rescheduling cancelled tests, and continuing professional education requirements for educators), plus new guidance on school calendars and start dates for this fall. (Read more on this topic below.)

Yesterday, Commissioner Morath sent a response to ATPE’s April 2 letter asking for a statewide suspension of educator appraisals for the 2019-20 school year due to challenges associated with COVID-19. In his reply, Morath declined to issue a statewide order and stated that, ”The decision to pursue waivers of appraisal requirements is strictly a local decision.” ATPE has yet to receive a response to our joint letter with 17 other organizations regarding a moratorium on costly charter school expansion during the pandemic.

For more resources related to the pandemic, visit ATPE’s frequently updated Coronavirus FAQ and Resources page, and follow the ATPE lobby team via @TeachtheVote on Twitter.


Last week, we reported that U.S. Secretary of Education Betsy DeVos has allocated $180 million of the funding approved by Congress through the Coronavirus Aid, Relief, and Economic Security Act (CARES) Act for private school vouchers. In response, ATPE sent a letter in opposition of this development to every member of the Texas congressional delegation, including U.S. Senators John Cornyn (R) and Ted Cruz (R). In particular, ATPE asked for strong congressional oversight of this use of funds and for continued diligence regarding federal funding for vouchers in any future legislation passed by Congress.

At the state level, the Coalition for Public Schools, of which ATPE is a member, sent a letter this week to Texas Commissioner of Education Mike Morath to address recent suggestions made by Republican members of the Texas Senate Education Committee that the state should try to expand virtual school options in Texas, despite the data showing that virtual schools do not perform as well as their brick-and-mortar counterparts.


ELECTION UPDATE: With all the coronavirus news, it’s easy to forget that another election is slowly creeping up on us. On July 14, Texans in various parts of the state will be able to vote in primary runoff elections to choose which candidates will be on the general election ballot this November.

The runoff elections were originally scheduled for May 26, but were postponed by Gov. Abbott over concerns about the safety of voters during the COVID-19 pandemic. Because the election has been postponed, many of the deadlines leading up to it have also been shifted. For example, the deadline for registering to vote in time to participate in the runoff elections is now June 15, 2020. Check out this post by ATPE Lobbyist Mark Wiggins for a list of important deadlines as we get closer to voting time.


One of the biggest questions on educators’ minds right now is what the return to school in the fall will look like. The variety in plans being contemplated by school districts for the 2020-21 school year was the topic of a recent article from the Texas Tribune, which ATPE republished here on our our Teach the Vote blog this week. Also this week, the Texas Education Agency (TEA) provided updated guidance on start date and calendar changes to account for student learning loss and a potential resurgence in virus cases this fall.

In particular, the agency has suggested that districts can become Districts of Innovation (DOI) or add an amendment to their existing DOI plans to allow for an exemption from the law preventing schools from starting earlier than the fourth Monday in August. This exemption is already the most popular one among DOIs, as many districts prefer to start their school year earlier, insert more breaks throughout the year, and end the year later. TEA suggests that this format of an “intersessional” calendar could help to build in breaks that may be used for remediation of students who have fallen into a steep loss of learning on the “COVID slide.”

Other districts may choose to implement a year-round school calendar, which in many ways is easier than obtaining DOI approval. Under this route, districts need only obtain board approval for a new academic calendar and designation as a year-round system, and they must notify their Education Service Center PEIMS coordinator of their intent to operate through a year-round system.

TEA has also suggested using the flexibility in additional school days for elementary students as provided by House Bill (HB) 3 passed in 2019. HB 3 adds half-day formula funding for school systems that want to add up to 30 instructional days beyond the minimum of 180 days, but only for grades PK-5 and only after September 1, 2020.

Related: The COVID-19 pandemic has already dealt an enormous economic blow to our state, resulting in declining state revenue from oil and gas as well as sales taxes. This has many educators worrying about budget cuts next year. ATPE Senior Lobbyist Monty Exter discussed the financial uncertainty with KXAN this week in this news story about how school districts in Central Texas are preparing for the future.


When SXSW EDU was abruptly cancelled back in March 2020, many in the education community were disappointed to miss the week-long learning event in Austin, Texas. Since then, SXSW EDU has gone virtual. ATPE Lobbyist Andrea Chevalier attended this week’s virtual keynote address on growth mindset in education  The presentation, entitled “A Science of Human Motivation for the Next Decade,” is viewable here. Read Chevalier’s blog post about the session here.


ATPE member Morgan Castillo received an H-E-B Excellence in Education Teaching Leadership Award.

This week, ATPE member Morgan Castillo of Woodgate Intermediate School in Midway ISD received an H-E-B Excellence in Education Teaching Leadership Award. This award honors teachers with 10 to 20 years in the classroom. Castillo received a $10,000 award for herself and a $10,000 grant for her school. She was one of eight educator winners announced this week and chosen from a group of 40 finalists who received smaller cash awards earlier this year. Castillo and the other award recipients were recognized Tuesday during a virtual “Toast to Texas Teachers” organized by the #TeachersCan initiative as part of several Teacher Appreciation Week festivities.

ATPE has been featuring our “Work from Home Classroom Makeover Contest” during Teacher Appreciation Week. Visit ATPE’s Facebook page to view the entries and cast a vote for your favorite between now and May 13. Winners will be announced on May 15.

Teach the Vote’s Week in Review: May 1, 2020

If we’ve learned anything from COVID-19, it is that teaching is more than content; it is relationships. It is important to keep your friends and family relationships strong too. For more on what has happened this week, check out the latest installment of education news from the ATPE Governmental Relations team.


CORONAVIRUS UPDATE: On Monday, Gov. Greg Abbott announced a phased plan to re-open Texas businesses, starting today with limited capacity at malls, movie theaters, retail stores, restaurants, museums, and libraries. Establishments are limited to 25% occupancy, although those in counties with five or fewer confirmed COVID-19 cases are allowed up to 50% occupancy. After two weeks, if there has not been a resurgence in COVID-19 cases, the state will move into the next phase, loosening restrictions and opening hair salons, barbershops, gyms, and bars. Phase two could go into effect as early as May 18. One concern expressed by some Texans is that workers heading back to work in phase one are not considered “essential” and may not have access to child care, especially since Abbott has ordered schools to remain physically closed through the end of the school year.

The Texas Education Agency (TEA) this week updated its main coronavirus resource page on educator support, academics, student assessment, special populations and waivers, finance, and grants. TEA’s guidance on educator certification and preparation answers questions mainly oriented to last week’s announcement that certain educator certification candidates will be able to apply for a one-year probationary certificate. In particular, candidates will pay the probationary certificate fee now, plus the standard certificate fee later, once they pass the required examinations. Candidates must also meet all requirements for initial certification, which are outlined in the Texas Administrative Code (TAC) Chapter 230, Subchapter B, General Requirements (230.11), with the exception of passing an examination. These requirements include having a bachelor’s degree and submitting to a criminal history review, though candidates who have already been fingerprinted will not have to repeat that process.

Educators in some districts may be confused and even alarmed by renewed talk of end-of-year student testing. Even though this year’s STAAR tests were waived due to the difficulty of administration, and despite the reality that any test results gathered in the current environment would be unreliable, TEA is still encouraging districts to conduct voluntary end-of-year assessments. In addition, the agency will ask districts for another round of voluntary assessments at the beginning of the 2020-21 school year. The agency wants these assessments for the purposes of gathering classroom data.

For more resources related to the pandemic, visit ATPE’s frequently updated Coronavirus FAQ and Resources page, and follow the ATPE lobby team via @TeachtheVote on Twitter.


FEDERAL UPDATE: The U.S. Department of Education (ED) announced this week that it will use some of the funding approved by Congress through the Coronavirus Aid, Relief, and Economic Security Act (CARES) Act for competitive grants to states that may used the money for private school vouchers. The $180 million “Rethink K-12 Education Models” or “REM” grant would be available for implementation of  voucher programs, statewide virtual learning, or other models of remote learning. Education Secretary Betsy DeVos, a vocal proponent of vouchers, has previously said her department would urge Congress to approve a form of voucher termed a “microgrant,” but many lawmakers were surprised by her decision to use the CARES Act funding, intended to provide coronavirus relief, in this manner. Read more about the development in this blog post here on Teach the Vote.

U.S. Secretary of Education Betsy DeVos

DeVos also announced this week that ED would not seek additional waiver authority from Congress on the Free Appropriate Public Education (FAPE) and Least Restrictive Environment (LRE) provisions of the Individuals with Disabilities in Education Act (IDEA). Additionally, the Department is not requesting further waiver authority from the Elementary and Secondary Education Act (ESEA), but it is requesting various waivers under other federal education statutes such as the Perkins Career and Technical Education Act, the IDEA, and the Adult Education and Family Literacy Act that mostly pertain to flexibility in using federal funds. The CARES Act required DeVos to notify Congress 30 days after its passage on any additional requests for waiver authority.


ELECTION UPDATE: We reported last week on a Texas district court’s ruling that effectively allowed all Texans to vote by mail during the COVID-19 pandemic. Texas Attorney General Ken Paxton has now appealed that decision, notifying county officials in a letter today that his appeal prevents the district judge’s ruling from taking effect in the meantime.

By state law, mail-in ballots in Texas have generally been restricted for use only by individuals who are over the age of 65, absent from the county during the election, or suffering from an illness or disability. Travis County District Judge Tim Sulak issued injunctive relief last month to expand opportunities for mail-in voting, treating fear of contracting COVID-19 under the disability portion of the statute and noting in his order, “Time is of the essence.” Representing the state, the attorney general has taken the position that a healthy person’s fear of contracting the coronavirus does not constitute a disability and therefore does not entitle such person to vote by mail. Paxton also used his letter today to warn that anyone advising voters that they can apply for a ballot by mail because of a fear of contracting the virus through in-person voting may be subject to criminal penalties.

In other news, a new poll by Public Policy Polling shows Joe Biden (D) with a narrow 47% – 46% lead over Donald Trump (R) in Texas if the November presidential election were held today. The same poll shows a slim majority of Texans disapprove of the president’s job performance, with 49% expressing disapproval compared to 46% approval. Gov. Greg Abbott’s approval was higher at 58%.

Asked about their feelings regarding the coronavirus pandemic, 45% of Texans said they are “very concerned” about being around others. Another 33% said they are “somewhat concerned,” while 21% said they are either “not very concerned” or have “no concerns.”

A 53% majority of Texans said they are in favor of allowing all registered voters to vote by mail due to health safety concerns, compared to 38% who oppose the idea. Sixty-three percent of Texans said they are either “very” or “somewhat” concerned about voting during the outbreak, yet 88% answered they still plan to vote in person in the November election if voting by mail is not an option.

Most local elections originally slated to take place tomorrow were postponed to November. The runoff election for the Texas primaries, which also would have occurred this month, has been rescheduled for July 14. Check out ATPE’s election resources and candidate profiles here on Teach the Vote to learn about candidates running for office in your area.


The State Board for Educator Certification (SBEC) held its first-ever virtual board meeting today, May 1, 2020. ATPE Lobbyist Andrea Chevalier testified live during the video-conferenced meeting, conveying our support for options to address unintended consequences of last year’s House Bill (HB) 3 for Master Teacher certificate holders.

ATPE Lobbyist Andrea Chevalier

HB 3 eliminated the Master Teacher certificates and barred them from being renewed, which means that without action by SBEC, some Master Teachers may not be able to keep their teaching assignments once their certificates expire. SBEC expressed agreement today with ATPE’s position.

The board also voted to approve several proposals to implement the Science of Teaching Reading requirements of HB 3 and discussed effects of the coronavirus on educators. Read a comprehensive summary of today’s SBEC meeting in this blog post today from Chevalier.



May is National Foster Care Month. Did you know there are nearly 17,000 Texas public school students and over 437,000 children and youth in foster care across the nation?

Students in foster care are subject to higher mobility, more absences from school, greater rates of trauma, and are 2.5 to 3.5 times more likely to be identified for special education services. The adverse childhood experiences that children in foster care experience can make learning difficult, which is why it is more important than ever to promote awareness this month as children are separated from some of the only constants and love they may know: their school and teachers.

To learn more about foster care in Texas, view the Texas Education Agency’s foster care student success resources here, information from Texas CASA here, and resources from the Child Welfare Information Gateway including an outreach toolkit with shareable graphics and messaging tools here.


Social distancing is kind of the antithesis of teaching, so teachers are finding creative ways to stay close to their students. From reading to students at a safe distance in the driveway, to special signs in students’ yards and art lessons on the lawn, teachers know their students need love as much as they need content. ATPE member Victoria Norris of Aubrey ISD in northeast Texas shared on social media this week that she made mini cutouts of her Bitmoji to send to students, along with a fun and sweet note. Special actions like these remind students how much their teachers care and lay the foundation for engagement and learning. Thank you, Victoria!

ATPE sends our thanks to all educators who are transitioning to meet the unique needs of students during this time! #TeachersCan

Do you have a story to tell? ATPE wants to hear how you are adapting to a new educational environment during the coronavirus pandemic. Click here to email us your stories, best practices for distance learning, or strategies you’re using to stay upbeat during the crisis.

DeVos uses federal coronavirus aid to fund “microgrant” vouchers

As we previously reported here on ATPE’s Teach the Vote blog, U.S. Secretary of Education Betsy DeVos, a longtime champion of privatization, has been advocating for federal funding of “microgrants,” a relatively new term for a voucher that could be used for private schooling. When Congress passed the Coronavirus Aid, Relief, and Economic Security Act (CARES) Act in late March, which included an infusion of federal cash into an Education Stabilization Fund, it was at best questionable whether Secretary DeVos could use the federal relief funds provided by the act for her “microgrants” pet project. This week, however, it has become clearer that DeVos intends to use the coronavirus pandemic as an opportunity to circumvent congressional approval and plow forward with a publicly-funded voucher plan using CARES Act funds.

On the heels of last week’s release of the application for CARES Act funding, the U.S. Department of Education (ED) swiftly announced this week that an additional $180 million would be available to states under a new  “Rethink K-12 Education Models” or “REM” grant program. The department pointed to a provision in the CARES Act that allows it to use 1% of the $30.75 billion allotted to the Education Stabilization Fund for “grants to states with the highest coronavirus burden to support activities under the Act.” The department’s description of the grant program states that it is intended to “address specific educational needs of students, their parents, and teachers in public and non-public elementary and secondary schools.” The funding would flow directly to state education agencies, such as the Texas Education Agency (TEA) here in our state, without any requirement that the state agency send the funding on to local school districts. This raises the distinct possibility of CARES Act relief funds being allowed to flow from states to private schools or vendors.

U.S. Secretary of Education Betsy DeVos

Because this is a new program, DeVos has applied a waiver to the REM grants that allows the department to avoid the need for a national public comment period on the grant proposal. The REM grant application package explains that state education agencies must use the grant money for implementation of “microgrant” voucher programs, statewide virtual learning, or other models of remote learning. Each state must also have the written approval of its governor, but it appears that no public comment will be gathered at the state level either.

Congress clearly intended CARES Act funding to be funneled to states that have faced the greatest challenges as a result of the pandemic. However, ED has announced that in awarding funds under this new competitive grant program, only 40% of an applying state’s score will be based upon its “coronavirus burden,” which takes into consideration factors such as the number of COVID-19 cases per capita. In a table provided by ED to quantify the coronavirus burden for each state, Texas ranks in the 41st to 60th percentile, behind 22 other states that could apply for the $180 million in REM grants.

Some members of Congress, particularly on the Democratic side of the aisle, have been quick to criticize DeVos for using the coronavirus relief act to fund, without direct congressional approval, other priorities of the secretary and the Trump administration, such as vouchers. Through our federal lobby team in Washington, D.C., ATPE has reached out to our congressional allies to express our concern and opposition to this coronavirus relief program being used for funding either traditional voucher programs or virtual voucher programs. We will be closely monitoring Texas’ actions with regard to seeking this money either as a way to fund a statewide voucher program or statewide virtual schools, which have had a dubious track record on fostering student academic achievement. Stay tuned to Teach the Vote for updates as developments unfold.