Tag Archives: contracts

House Public Education Committee hears bills on school turnaround, virtual schools, cybersecurity

On Tuesday, May 14, 2019, the House Public Education Committee heard 10 bills on a variety of topics, including accelerated campus excellence (ACE) turnaround programs and virtual school accountability.

ATPE Lobbyist Andrea Chevalier testified before the House Public Education Committee, May 14, 2019.

Multiple educator groups testified against Senate Bill (SB) 1412 by Sen. Charles Perry (R-Lubbock), which would allow districts to implement a campus turnaround plan in the style of the ACE program. ATPE Lobbyist Andrea Chevalier testified that while ATPE supports differentiated pay and would support district efforts to strategically staff campuses that need the most effective teachers, SB 1412 includes many elements that ATPE members oppose. These include a forced ranking of teachers based on student growth (which could rely heavily on student test scores) and evaluations. Basing high-stakes decisions such as employment on student performance is antithetical to ATPE’s legislative program. Additionally, the bill includes a vendor provision that requires districts to use taxpayer resources to partner with a third-party vendor to implement their plan. Lastly, the bill is extremely unclear as to whether a displaced teacher would be reassigned to a similar position on a different campus, if their displacement would be good cause for termination or non-renewal, and if, under all of these circumstances, they would still have the right to due process. Read ATPE’s written testimony against SB 1412 here.

ATPE also registered our position against SB 1045 by Sen. Bryan Hughes (R-Mineola), which would separate the accountability rating in a district that offers a full-time online program into one rating for the brick-and-mortar students and another rating for the online program. Amendments made in the Senate Education Committee and on the Senate floor drastically changed the bill so that it now also includes many other accountability provisions for virtual schools. Virtual school providers testified against the bill on Tuesday in the House Public Education Committee due to these enhanced accountability provisions. ATPE opposes the bill because of the proposed separated accountability ratings, which would diminish district responsibility for the virtual programs through which their students are served.

The Committee also heard the following bills:

  • SB 232 (Menendez, D-San Antonio): Would require a school district to notify parents that Algebra II is not required to graduate, as well as the consequences of not completing Algebra II with regard to eligibility for automatic college admission and financial aid.
  • SB 504 (Seliger, R-Amarillo): Would allow the Texas OnCourse Academy to add social-emotional counseling modules so that participating advisers and counselors are better prepared to identify and address potential mental health issues.
  • SB 723 (Campbell, R-New Braunfels): Would require a school district to post its superintendent’s salary information on the district’s website.
  • SB 820 (Nelson, R-Flower Mound): Would require districts to develop and maintain a cybersecurity framework and designate a cybersecurity coordinator.
  • SB 1016 (Powell, D-Burleson): Would require TEA to audit professional development requirements every four years, as opposed to “periodically,” and, with input from stakeholders, seek to eliminate any unnecessary topic-specific training requirements.
  • SB 1374 (Paxton, R-McKinney): Would allow concurrent enrollment in Algebra I and geometry.
  • SB 1390 (Menendez, D-San Antonio): Would add physical health, mental health, and suicide prevention to the foundation curriculum. Includes corresponding guidance to the State Board of Education and School Health Advisory Committees to include risk factors such as alcohol.
  • SB 1454 (Taylor, R-Friendswood): Would create a mechanism for TEA could to transfer the remaining funds of a defunct charter to another charter holder.

The House Public Education Committee will likely vote today on the session’s major school safety bill, SB 11 by Sen. Larry Taylor (R-Friendswood). Chairman Huberty expressed that he would like to see where other important House Bills are in the Senate before deciding to vote on other pending Senate Bills today, though he said the will definitely take votes by tomorrow. Under mandatory session deadlines, this is the last week for the committee to advance remaining Senate bills for possible consideration by the full House. Stay tuned to Teach the Vote and follow us on Twitter for the latest developments.

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

House Public Education Committee meeting, April 23, 2019

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

ATPE supported several bills considered at the hearing, including:

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

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

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

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

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

Commissioner updates SBOE on SpEd, contracting, budget

The Texas State Board of Education (SBOE) opened its Wednesday meeting with an update from Education Commissioner Mike Morath.

The commissioner began by praising the board’s work on the Long-Range Plan for Public Education, and suggested that there is significant overlap with the agency’s own strategic plan.

TEA Commissioner Mike Morath testifying before the SBOE, September 12, 2018.

Morath caught members up to speed on the recent debate over a cosmetology course, and indicated that the course is not expected to go away. The commissioner testified he asked staff to look into ways to ameliorate the high cost of the associated licensure.

Regarding special education, Morath claimed progress in a number of areas. The commissioner said the agency has accomplished more than half of the items under the corrective action plan. The agency was tasked with setting up a large field apparatus, and 70 percent of 55 vacant positions have been filled, including all leadership positions. Justin Porter, who helped write the corrective action plan, is the special education director.

A total of 14 grants have been posted, and an additional five have been completed internally and will be finished within the next couple months. Statements of work have been drafted for 15 of the contracts related to strategic plan.

On a separate but related note, Commissioner Morath acknowledged recent contracting issues that resulted in a rebuke from the Texas State Auditor’s office, while defending staff involved. Morath state that starting in November of last year, the agency initiated a top-to-bottom review of contracting practices.

With regard to the agency’s legislative appropriations request (LAR), in which the agency submits its budget requests for the next biennium to the Texas Legislature, Morath noted that the agency is requesting two exceptional items. These consist of $50 million to support districts providing compensatory services in order to comply with the special education corrective action plan, and roughly $50 million for health and safety, $20 million of which is aligned to the governor’s school safety plan.

The commissioner then offered a review of “A through F” school district ratings, which were released in August. Additionally, Morath noted that the state saw a one-year reduction of 247 “improvement required” (IR) campuses. This marks the last set of campus ratings under the “met standard” or IR labeling system, and campuses will instead receive A-F ratings next August.

Finally, Commissioner Morath briefed members on the first TEA annual report on the state of public education in Texas and solicited feedback from members. Relating to teacher recruitment and retention, Morath noted board members will receive a briefing on the Texas lesson study initiative tomorrow.

Teach the Vote’s Week in Review: June 9, 2017

Here’s your latest news wrap-up from the ATPE Governmental Relations team:

 


IMG_8509On Tuesday, Gov. Greg Abbott announced his plans for a special session beginning July 18. This “overtime” period for the 85th legislature is needed only because lawmakers failed to pass an important, time-sensitive agency sunset bill that affects the licensing of medical professionals, a failure many are attributing to deliberate stall tactics and the “bill kidnapping” approach taken by Lt. Gov. Dan Patrick in the final week of the regular session. Lawmakers could address the sunset issue within a matter of days and head home to enjoy the dog days of summer with their families, but Abbott is calling on them to take up 19 additional issues during the 30-day special session, which is estimated to cost taxpayers about $1 million.

During the governor’s press conference, he led off his laundry list of topics for the upcoming special session with a surprise announcement that he wants lawmakers to mandate a $1,000 annual pay raise for teachers. The catch, as ATPE Lobbyist Mark Wiggins explains in this blog post, is that no additional money would be appropriated for the salary increase. Gov. Abbott made it clear that he intends for school districts to find money within their existing budgets to cover the proposed pay raise. For many districts, that would necessitate cuts in some other area, which would very likely be expenditures for staff pay or benefits, such as healthcare programs that are already becoming increasingly hard for educators to afford. ATPE Lobbyist Monty Exter added in this video for Twitter that potential offsets could include staff layoffs or higher class sizes, depending on each district’s financial circumstances and priorities.

If the governor planned to use this special session as another shot at meaningful school finance reform, then perhaps legislators could find ways to fund a teacher pay raise and other critical needs of our public schools. Unfortunately, the only school finance-related issue on the governor’s call is legislation to appoint a statewide commission to study school finance during the next interim.

Another surprise topic added to the governor’s agenda for the special session is giving districts greater “flexibility” in their hiring and firing decisions. Teacher contract rights have been targeted in prior legislative sessions, but the topic was hardly broached during the 2017 legislative session.

ATPE representatives testified against a bill to eliminate teachers' payroll deduction rights during the regular session.

ATPE representatives testified against an anti-educator bill to eliminate teachers’ payroll deduction rights during the regular session. The contentious issue is being revived for the upcoming special session.

The remaining school-related items in the special session outline are a trio of controversial, highly partisan scorecard issues from bills that failed to garner enough support to pass during the regular session:

  • One is the anti-educator legislation to do away with teachers’ rights to pay their voluntary professional association dues using payroll deduction. In Tuesday’s press conference, Gov. Abbott revived tired rhetoric from his Jan. 2017 State of the State address that has already been proven false – the claim that taxpayer dollars are being spent to collect “union dues.” We will continue to refute this unfounded claim and fight this harmful, unnecessary measure aimed at silencing educators’ voices by making it more difficult for them to join associations like ATPE.
  • Also on tap for this legislative overtime is yet another push for private school vouchers for students with special needs. With the Texas House of Representatives having already voted multiple times to reject this idea, it is hard to fathom a sudden change of heart that would give this legislation a greater chance of passing during the special session.
  • Lastly, the governor is also asking lawmakers again to try to restrict local school districts’ adoption of policies on bathroom usage. Both chambers passed versions of a bathroom bill during the regular session, but they could not agree on the extent to which the state should infringe on local control over these decisions. In other words, get ready for even more potty talk.

To read the full list of the governor’s priorities for the special session, view ATPE Lobbyist Kate Kuhlmann’s blog post here. Also, check out ATPE’s press release, and be sure to follow @TeachtheVote on Twitter for new developments.

 


SBECThe State Board for Educator Certification (SBEC) has been meeting today in Austin, and ATPE Lobbyist Kate Kuhlmann is there. She provided an update in this blog post on the items being discussed today by the board. They include plans to add a new early childhood teaching certificate mandated by the legislature recently, plus how Districts of Innovation are claiming exemptions from certification laws.

 


 

 

Journalists again dispute Dan Patrick’s education claims, turn to ATPE for facts

Back in September, we reported to you that the national fact-checking website PolitiFact had reviewed claims by Sen. Dan Patrick, a candidate for Texas Lieutenant Governor, about his education-related record in the State Senate. The PolitiFact journalists rated Patrick’s claim that he had worked to restore public education funding in 2013 as ridiculously false using its “Pants on Fire” rating. In researching the claim, PolitiFact turned to education experts, including ATPE’s lobby team for details about any efforts that were made in 2013 to restore massive funding cuts to public education the previous session.

Once again, PolitiFact has called into question an education-related claim by Patrick and interviewed several education experts, including ATPE Lobbyist Monty Exter, to uncover the truth. Patrick’s most recent claim, offered in a television campaign ad, is directed at his opponent in the contentious race for Lieutenant Governor, Sen. Leticia Van de Putte. Patrick claims in the ad that Van de Putte “voted to stop schools from removing teachers convicted of a felony,” but PolitiFact rated Patrick’s claim as “Mostly False.”

The controversy stems from a bill passed in 2011 that relates to school district employees who have been convicted of felonies. House Bill (HB) 1610 enables schools to fire educators convicted of felonies almost immediately without going through the normal due process channels that exist for other educators with employment contracts. Attorneys for school districts requested the legislation, insisting that it would save them the time and money of dealing with termination hearings and appeals for those employees. Several educator groups, including ATPE, voiced opposition to the bill because it called for a strict, zero-tolerance approach that would automatically terminate the employment of anyone with a felony conviction, regardless of the nature of the offense, how long ago it might have occurred, or whether it was the result of a plea bargain or deferred adjudication agreement. The bill did not give school districts the right to fire employees with felonies because they already had that right; in fact, under a major school safety bill passed in 2007 (Senate Bill 9), districts were already required to investigate educators’ criminal backgrounds and remove any dangerous employees from the classroom.

Patrick’s claim about the 2011 vote largely fails because of the fact that districts already had the ability to fire teachers before HB 1610 was proposed. As passed, HB 1610 now allows schools to void a teacher’s contract based on an offense that might be unrelated to the classroom or may have happened decades ago. ATPE and other educator groups were early opponents of the bill, since it cuts off contract rights owed to every other teacher because of an event potentially unrelated to the educator’s job performance. Further, the 2011 bill at the heart of Patrick’s claim was largely unnecessary, because under SB 9 that preceded HB 1610, school districts already know about any felony offenses in an educator’s background at the time of hire or contract renewal and can make the appropriate decision.

In 2011, Van de Putte voted for HB 1610 at one stage but voted against the bill when it moved through the Senate floor. She wanted to amend the bill to allow educators who had been convicted as a result of deferred adjudication to retain their due process rights under the contract laws and be entitled to a hearing prior to being terminated, but Patrick defeated her proposed amendment. Deferred adjudication cases often differ from ordinary convictions handed down by a judge or jury, because defendants may accept deferred adjudication simply because they cannot afford the time and money it takes to hire lawyers to defend their cases in court. It is, ironically, the same reason cited by school districts that pressed the legislature to make it easier for them to fire teachers without due process. As Van de Putte stated during Senate floor debate on HB 1610, “Deferred adjudication does not imply guilt.” When her amendment was killed, Van de Putte and eight other senators subsequently voted against the bill.

PolitiFact asked education experts to weigh in on whether a vote against HB 1610 could be considered a vote to prevent schools from firing teachers with felony convictions, as Patrick claimed in his campaign ad. They universally agreed that HB 1610 merely dealt with the due process provisions in existing law, not the schools’ underlying ability to fire teachers. ATPE’s Exter told reporters, “Voting down HB 1610 would not have stopped schools from removing teachers convicted of a felony; it would have simply required districts to continue to observe the teachers’ due process rights in situations not already covered by” the 2007 law (SB 9) that serves to keep violent and sex offenders out of our schools – a bill that that ATPE and other educator groups supported and Van de Putte voted in favor of passing. ATPE has consistently defended educators’ due process and contract rights, which have been slowly eroded over time, especially during budget crises. We and the legislators who opposed HB 1610 believed that educators employed under contracts should be entitled to due process before being systematically fired and that districts should consider the specific circumstances of each case before ultimately making the employment decisions that are best for their students and staff.

Based on factual information from ATPE and other sources about HB 1610, PolitiFact concluded, “There was never a vote to stop schools from firing teachers convicted of a felony.” They noted that “Van de Putte voted against making it easier to terminate such teachers – a toughening that was supported by Patrick to wipe out the right of teachers to request an independent hearing before being let go.” Patrick’s claim was rated by PolitiFact as “Mostly False.”