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New School Year, New Laws: Compensation Update

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

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

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


Lubbock-Cooper ISD, Region 17:

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

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


Klein ISD, Region 4:

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

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


Clear Creek ISD, Region 4:

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

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


San Marcos CISD, Region 13:

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

Fort Worth ISD, Region 11: 

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

What does it all mean?

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

What’s next? Stay engaged!

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

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

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


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

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!

House Public Education Committee hears 35 bills on school safety

On Tuesday, March 26, 2019, the House Public Education Committee heard 35 bills on various issues related to school safety. Some bills focused on student-centered measures such as mental health supports and counseling services; some focused on administrative structures such as threat assessment teams and trauma-informed care policies; some focused on school hardening and increasing the presence of law enforcement in schools; and a few focused on funding.

Those who testified during the lengthy hearing yesterday tended to fall into three camps. Those with an interest in mental health, counseling, educational equity, and disability rights overwhelmingly supported bills that focus on the care of students, citing research that shows these intervention methods work to make schools safer. Other testifiers were interested in gun rights aspects of the bills and either wanted to ensure that the Second Amendment was upheld in school safety policies or wanted to keep increased levels of firearms out of schools. Lastly, some witnesses, such as those representing school districts, expressed the long-term needs for both school-hardening structural changes and programmatic and service changes relating to counseling, mental health, and emotional health.

North East ATPE President Laura Herrera testified in support of a school safety bill during the House Public Education Committee hearing on March 26, 2019.

Rep. Greg Bonnen’s (R-Friendswood and the Speaker’s brother) House Bill (HB) 17 was the largest bill of the day and incorporated many of the concepts that other bills on the agenda also offered. Rep. Bonnen shared a newer version of his bill with the committee that would do the following:

  • Allow the Commissioner of Education to create rules on best practices for safe and secure facilities.
  • Require local mental health authorities (LMHAs) to employ a non-physician mental health professional as a resource for school districts.
  • Require that a trauma-informed care policy be included in school district improvement plans and address awareness and implementation of trauma-informed practices through TEA-approved training for new employees (which may also be incorporated into staff development).
  • Create an exception for minimum minutes of operation so that educators can attend a school safety training course.
  • Require multi-hazard emergency operations plans to incorporate the work of the Texas School Safety Center (TxSSC) and follow stringent preparedness guidelines. District multi-hazard plans would be reviewed and districts would be given a chance to make corrections. If districts fail to submit or correct the plan, they would be subject to conservatorship, just as with accountability sanctions.
  • Require a district that receives notice of noncompliance for their security and safety audit or their multi-hazard plan to hold a public hearing and provide information to the public.
  • Require that school safety and security committee participants include a variety of new individuals, including law enforcement representatives, a teacher, and parents.
  • Establish threat assessment teams for each campus, which would be responsible for determining the appropriate method of assessment and intervention, as well as identifying and reporting students who risk a serious threat of violence to others or themselves. The TxSSC must create model threat assessment team policies and procedures, including procedures for the referral of a student to an LMHA, health care provider, or special education evaluation.
  • Create a “school safety allotment” at an unspecified amount to be used to improve school safety and security through school facilities and technology, law enforcement and school marshals, and training and planning (including prevention such as mental health personnel).
  • Allow bonds to be issued for retrofitting school buses or purchasing/retrofitting other vehicles for safety or emergency purposes.

ATPE did not testify orally on any of the bills heard yesterday, but did register a position in support of the following bills:

  • HB 1312 (Moody, D-El Paso): Would allow a district to contract with a LMHA to provide mental health services. The Human Health and Services Commission (HHSC) would let school districts enroll as providers so that they can receive Medicaid reimbursements for providing the services.
  • HB 1496 (Metcalf, et al., R-Conroe): Would require law enforcement officials who learn of a school violence threat to let the superintendent know as soon as possible. The superintendent would then notify appropriate personnel.
  • HB 1754 (Bonnen, G., et al., R-Friendswood): Would create a $50 per student “school safety allotment” that can be used for school hardening and prevention and treatment programs for addressing adverse childhood experiences.
  • HB 2511 (Allen, D-Houston): Would require campus improvement plans to include goals and methods for bullying prevention and dropout deterrence, including providing teacher continuing education and materials or training for parents.
  • HB 2994 (Talarico, et al., D-Round Rock): Would require the commissioner to develop mental health training materials for school districts to use. The commissioner must consult with teachers and mental health professionals and make the training available through various methods.
  • HB 3411 (Allison, R-San Antonio): Would amend the list of programs created by TEA, the Department of State Health Services (DSHS), and Education Service Centers (ESCs) to include programs and practices in early mental health and substance abuse prevention and intervention, positive school climate, and suicide prevention, intervention, and postvention (healing). The suicide prevention programs should include components that prepare personnel to assist students in returning to school following a mental health concern or suicide attempt. The bill would require districts to develop practices and procedures regarding the programs on the list.

The following bills were also heard by the committee:

  • HB 366 (González, M., D-Clint): Would direct the State Board of Education (SBOE) to adopt age-appropriate and accurate Texas Essential Knowledge and Skills (TEKS) related to relationship, communication, and decision-making skills.
  • HB 567 (Capriglione, R-Southlake): Would adjust a district’s wealth per student by deducting revenue spent on campus security during the previous year.
  • HB 734 (Huberty, R-Humble): Would allow board members and superintendents to carry a concealed or open handgun to a board meeting.
  • HB 876 (Allen, et al., D-Houston): Would require ALL districts with district police or school resource officers (SROs) to adopt a training policy. Current law only applies to districts with 30,000 or more students.
  • HB 973 (Metcalf, et al., R-Conroe): Would require that the TxSSC report to TEA on district non-compliance with certain safety requirements and allow TEA to impose a penalty up to the amount of the superintendent’s salary.
  • HB 974 (Metcalf, et al., R-Conroe): Would change the cycle of the safety and security audit from three to two years and require districts to check the ID of a person who is coming to the school for a non-public event. Current law leaves checking IDs for non-public events up to districts.
  • HB 975 (Metcalf, et al., R-Conroe): Would require trustees to complete school safety training, as developed by the SBOE and the Texas School Safety Center.
  • HB 976 (Metcalf, et al., R-Conroe): Would require trustees and charter school governing board members to complete school safety training and make charters subject to certain safety requirements. The bill also establishes an emergency management coordinator for each district to lead the security and safety committee and creates threat assessment teams.
  • HB 1026 (Bohac, R-Houston): Would require the SBOE to incorporate character trait instruction  into the K-12 TEKS. Adds “gratitude” to the existing list of character traits under current law and requires each school district and charter to adopt a character education program and submit it to TEA. The agency would collect data and designate “Character Plus Schools” that demonstrate a correlation between the program and increase in attendance and decrease in discipline.
  • HB 1106 (Swanson, R-Spring): Would eliminate the current cap on school marshals (not more than the greater of one per 200 students or one per building on each campus) for public and private schools.
  • HB 1143 (Hefner, R-Mount Pleasant): Would prevent districts and charters from regulating the manner in which guns or ammunition are stored in vehicles on school property for those who hold a license to carry.
  • HB 1387 (Hefner, R-Mount Pleasant): Would allow an increase in school marshals by changing the ratio from one marshal per 200 students down to one marshal per 100 students for public and private schools.
  • HB 1467 (Talarico, et al., D-Round Rock): Would mandate ratios of mental health professionals to law enforcement based on school district size, decreasing the ratio for smaller districts, and allow districts to request a TEA waiver if they can’t comply. The waiver would require districts to document that they tried to hire mental health professionals and require that law enforcement complete training.
  • HB 1471 (Darby, R-San Angelo): Would allow, under an optional board policy, veterans and retired law enforcement to volunteer to provide security services and carry a handgun at schools. The program would be included in the district’s multi-hazard emergency operations plan and include training for each volunteer.
  • HB 1623 (Coleman, D-Houston): Would update staff development to require training on trauma-informed practices, which, in addition to suicide prevention training, would have to take place at least once every five years. The bill would update the list of programs that DSHS, TEA, and ESCs create to specify that trauma-informed practices must include training on recognizing trauma in students; recognizing warning signs such as lowered academic performance, depression, isolation; and, learning to intervene effectively. It would make charters subject to the new requirements, require reporting to TEA on the number of personnel trained, and withhold funds for mental health supports if a district or charter doesn’t report.
  • HB 1640 (Martinez, D-Weslaco): Would create a life skills pilot program on each high school campus in certain counties.
  • HB 1825 (Cortez, D-San Antonio): Would require information shared by law enforcement with a superintendent on student offenses to include whether it is necessary to conduct a threat assessment or prepare a safety plan related to the student.
  • HB 1959 (Hefner, R-Mount Pleasant): Would allow those with a license to carry to have their firearm/ammunition in the parking lot for a private school.
  • HB 2195 (Meyer, R-Dallas): Would require an active shooter emergency policy to be included in a school district’s multi-hazard emergency operations plan.
  • HB 2653 (Rosenthal, D-Houston): Would require the establishment of threat assessment teams in charter schools and public school districts.
  • HB 2654 (Rosenthal, D-Houston): For new construction, would require a school district to follow building standards that include a key-less lock on each entrance, narrow classroom door windows, window coverings, a PA system, and security cameras. Charters would also be subject to the regulations for new buildings. The bill would require live feed from the cameras to be available to police, testing the PA system regularly, and storing an active shooter medical kit. School districts wouldn’t be able to seek bond guarantees without following the standards.
  • HB 2655 (Rosenthal, D-Houston): Would require an active shooter protocol to be included in the multi-hazard emergency operations plan and that school law enforcement complete an active shooter training.
  • HB 2997 (Talarico, et al., D-Round Rock): A newer version of the bill offered by its author in yesterday’s hearing would extend suicide prevention training to all school employees and require districts and charters to provide the training once every four years.
  • HB 3018 (Allison, R-San Antonio): Calls for the SBOE to require districts to incorporate digital citizenship instruction into its curriculum, which includes healthy online behavior.
  • HB 3235 (Ramos, D-Richardson): Would require suicide prevention training at least once every two years. Current law leaves the frequency of the training up to TEA, which has determined that employees only have to complete it once.
  • HB 3290 (Toth, R-Woodlands): Would require districts to include a special threat response policy in their multi-hazard emergency operations plan, as coordinated with an emergency services agency. The policy must use “standard nomenclature,” conduct annual drills, be submitted to the commissioner and director of public safety, include protocols for law enforcement, and be consented to by each emergency services agency.
  • HB 3470 (Allen, D-Houston): Would allow the Texas School for the Deaf and school districts to engage with law enforcement for the provision of school resource officers. Outlines that school boards must determine the duties of the school law enforcement and include these in certain documents. The bill would prohibit these individuals from engaging in routine student discipline duties, school administrative tasks, or contact with students not related to law enforcement.
  • HB 3718 (Parker, et al., R-Flower Mound): Would require a trauma-informed care policy to be included in the district improvement plan. The policy should increase staff and parent awareness of trauma-informed care, implement trauma-informed practices, and address available counseling options for students. The training used to implement the policy should be provided through evidence-based programs for new and existing employees. Districts must maintain the names of those who complete the training and make a reasonable effort to partner with a community organization to provide free training if they don’t have the resources.

Next week, House Bill 3, Rep. Dan Huberty’s big school finance bill, heads to the House floor for debate. Considering the large number of legislators in the House who have signed on to the bill, it is expected to pass easily. However, floor debate opens up the bill to amendments that could change it. Follow @TeachtheVote and the ATPE lobbyists on Twitter (@ATPE_AndreaC, @ATPE_MontyE, @MarkWigginsTX, @ATPE_JenniferM) and continue reading our blog posts here for updates!

House Public Education Committee holds its fourth hearing on bills

On Wednesday, March 13, 2019, the House Public Education Committee held its fourth hearing on bills. With 15 bills on the agenda, the topics covered included school start and end dates in Districts of Innovation (DOI), seizure training requirements, the assignment of students to uncertified teachers, concussion oversight teams, special education due process, suspension of students who are homeless, and adult education programs.

ATPE Senior Lobbyist Monty Exter testifies before the House Public Education Committee on March 13, 2019

ATPE Senior Lobbyist Monty Exter testified in support of House Bill (HB) 1051 by Representative Gary VanDeaver (R-New Boston), which would improve and make permanent the Goodwill Excel Center, a public charter school that is currently a pilot program. Exter testified that while no program is perfect, this one is “as close as you can get” and has married Goodwill’s 501(c)(3) dollars with state dollars to do more for students. Exter stated that the program gives more money back to its students than the system takes in state funding. Goodwill covers about 41 percent of the cost of operating the school. Furthermore, the leaders of the program have taken the time to create exceedingly high standards. Under HB 1051, these standards would be locked into law should the program be expanded. In closing, Exter testified that this program serves a unique set a students who are current not served by the public education system, adult dropouts, many of whom are over the maximum age which an ISD can enroll students. The Goodwill program found a gap that sorely needed to be filled.

ATPE also supported, but did not testify on, the following bills heard on Wednesday:

  • HB 340 (Cortez, D-San Antonio): Would require students in full-day preK and K-3 to have at least 30 minutes of recess. Many registered in support of this bill, testifying on the importance of recess and play in child development.
  • HB 1276 (Rosenthal, D-Houston): Would prohibit a teacher who has less than one year of teaching experience and does not hold the appropriate certificate from being assigned to teach students in grades 1-6 for two consecutive years. This provision would exempt small districts by applying the restriction to districts with 5,000 or more students.

ATPE registered against HB 1133 by Rep. Jonathan Stickland (R-Bedford), which would change the calculation of K-4 class size limits to use a campus-wide average for each grade level rather than a hard cap applied to individual class rooms. ATPE supports state mandated class size and caseload limitations for all grade levels and instructional settings. This allows for optimal learning environments. ATPE also recommends that the state limit class size waivers and require full public disclosure of requests for class size waivers. Using the average calculation proposed by HB 1133 would mask the size of individual classes and allow for increases in some classes while maintaining a limited average. This opens the door to compromised educational quality and less individual attention for students in classes above the average. Rep. Stickland expressed that the bill was for Arlington ISD and said that he would be willing to bracket the bill to Arlington ISD. However, ATPE recommends maintaining current law on class size limits.

The committee also considered the following bills, on which ATPE took no position:

  • HB 233 (Krause, R-Fort Worth): Would prohibit DOIs from exempting themselves from school year start and end date requirements. Tourism and recreation industry representatives supported the bill, and expressed that the ability of districts to change their start and end dates negatively impacts their business, as well as the physical health of students. Those against the bill, mainly school districts, expressed that it is important for districts to retain local control over their calendar and that a shorter summer helps lessen the “summer slide” in student learning retention.
  • HB 684 (Clardy et al., R-Nacogdoches): Would require seizure recognition and related first aid online training for nurses and school district employees who have regular contact with students. Rep. Clardy calls this bill “Sam’s Law,” and said that nearly 50,000 public students have epilepsy.
  • HB 692 (White, D-Hillister): Would prohibit students who are homeless from being placed in out-of-school suspension (OSS). Rep. White suggested that the campus behavior coordinator, if available, may work with district’s homeless liaison to find an alternative. All testimony was in support of the bill and spoke to the importance of the school for students who are homeless in providing stability and quality of life.
  • HB 808 (Dutton, D-Houston): Would require that, in districts with 1,000 or more African American males, only the performance of African American male students may be considered for purposes of accountability ratings. The purpose is to track the educational progress of this specific demographic group. Chairman Dutton made changes to the bill and stated that the bill would now just require disaggregation of accountability measures by race/ethnicity and gender, to unmask certain sub-populations such as African American males.
  • HB 811 (White, D-Hillister): Would require that, in making disciplinary decisions (suspension, expulsion, Discipline Alternative Education Programs (DEAP), and Juvenile Justice Alternative Education Programs (JJAEP)), the school district board of trustees must also include in the student code of conduct that consideration will be given regarding a student’s status in the conservatorship of DFPS or as a student who is homeless. The testimony on HB 811 mirrored that of HB 692.
  • HB 880 (Calanni et al., D-Katy): This bill states that the board of trustees of a school district may not make a severance payment to a superintendent that is greater than one year’s salary under their terminated contract and eliminates text requiring that the commissioner of education reduce a district’s Foundation School Program (FSP) funding by the amount of the severance payment. This bill led to discussion about how some superintendent’s receive “big payouts” to leave districts, and that this takes away funds from students.
  • HB 960 (Howard, D-Austin): Would allow a school nurse to remove a student from certain activities if they suspect the student had a concussion. Rep. Howard and testifiers expressed that a nurse is highly qualified to make these determinations and that the bill does not change who can make the ultimate decision for a student to return to play.
  • HB 961 (Howard, D-Austin): Would require that school districts and charters that employ a school nurse include the nurse on the concussion oversight team, if requested by the nurse. Would also require that nurses on these teams take a concussion training course every two years to remain on the team. The testimony on this bill mirrored that for HB 960.
  • HB 1093 (Moody, D-El Paso): Would prohibit the Commissioner or TEA from adopting or enforcing a rule that establishes a shorter period than the maximum federal timeline for filing a due process complaint regarding special education and requesting an impartial due process hearing. Testimony was mixed on this bill, with parents and advocates supporting testifying that HB 1093 aligns state law with federal law and creates equity. Those against the bill felt that the current legal system works well enough.
  • HB 1132 (Ortega, D-El Paso): Would allow a school district that currently holds its trustee election on a date other than the November uniform date to change the date to the November date before December 31, 2024. Rep. Ortega specifically expressed that El Paso ISD faced this issue.
  • HB 2074 (Wu, D-Houston): Would prohibit districts from requiring a school counselor to assume a disciplinary role or have duties relating to student discipline that are inconsistent with their primary responsibilities. Testimony on this bill was positive, focusing on the idea that the counselor’s role is not to discipline students but rather to advocate for students.

At the end of the hearing, Chairman Huberty stated that the committee would meet again at 8:00 a.m. next Tuesday. The next hearing will likely begin with the committee substitute to House Bill 3, the school finance bill.

Senate committee discusses school marshal, safety bills

Senate Education Committee meeting March 5, 2019.

The Senate Education Committee met today, March 5, 2019, to discuss a school safety bill and several bills dealing with school marshals. The hearing follows Gov. Greg Abbott’s declaration of school safety as an emergency issue for this legislative session.

Chairman Larry Taylor (R-Friendswood) filed Senate Bill (SB) 11 yesterday, which includes a number of enforcement provisions addressing school safety plans. The bill also includes a loan repayment assistance program for school counselors in high-needs areas. ATPE supports the bill.

Sen. Brian Birdwell (R-Granbury) kicked off the meeting by introducing SB 406, which would allow school marshals to carry a concealed firearm on their person. This would eliminate a provision in current law that restricts school marshals who are in regular, direct contact with students from carrying a firearm on their person.

Sen. Brandon Creighton (R-Conroe) then laid out several complementary bills, including SB 243, SB 244, and SB 477. These bills would have the effect of increasing the allowable number of school marshals, allowing greater flexibility in their ability to carry firearms, and implementing a uniform license renewal date.

Sen. Bryan Hughes (R-Mineola) introduced SB 811, which would extend liability protection to districts that employ school marshals.

Sen. Taylor explained SB 11 as a work in progress and the result of Gov. Greg Abbott’s school safety report and action plan, both of which came in response to last year’s deadly school shooting in Santa Fe, Texas. The bill includes requiring districts to adopt a multihazard emergency operations plan and create threat assessment teams. It would require additional grief and trauma training for school employees. The bill proposes a $50 per average daily attendance (ADA) allotment for mental health and school safety expenses and a one-time drawdown of economic stabilization fund (ESF) or “rainy day fund” dollars for school hardening.

Santa Fe ISD Board of Trustees President Rusty Norman testified that school hardening is not the only solution to school safety, and things like metal detectors require an enormous amount of ongoing funding. Norman stressed the importance of school counselors and mental health services to prevent tragedies.

The committee is expected to continue to meet on Tuesdays and Thursdays as needed, with the early focus on the emergency items declared by the governor.

 

House Public Education Committee hears 21 bills

Yesterday was round two of bills up for public hearing in the House Public Education Committee. Twenty-one bills were discussed, covering topics including the instructional materials allotment, social work and mental health services in schools, posthumous diplomas, community schools, and cardiac assessments.

ATPE Senior Lobbyist Monty Exter testifying in the House Public Education Committee on February 26, 2019

ATPE Senior Lobbyist Monty Exter testified in support of House Bill (HB) 199 by Vice Chairman Bernal, D-San Antonio. HB 199 would allow the instructional materials and technology allotment (TIMA) to be used for the salary and other expenses of an employee who is directly involved in student learning or in addressing the social and emotional health of students. Exter testified that there is already a prioritization of the TIMA in statute requiring it to be used for materials first and that it is important to allow districts to use any leftover funds for those who deliver the instruction associated with the materials: educators. Exter further explained that the bill allows for the most efficient use of dollars and the least waste.

ATPE registered positions in support for the following bills:

  • HB 92 (Rodriguez, D-Austin): Would allow a campus turnaround plan to permit a campus to operate as a community school and would require that no campus can be closed without being given the opportunity to operate as a community school for at least two years.
  • HB 129 (Bernal, D-San Antonio): Would require a school counselor or other non-faculty health professionals at campuses with 90% or more students who are educationally disadvantaged, homeless, and/or in foster care. These individuals may not administer state assessments and are to be funded by the state.
  • HB 198 (Thierry et al., D-Houston): Would allow school districts to provide mental health services as a part of their cooperative health care programs for students and families. Would also require school district health care advisory councils to include a licensed mental health service provider and allow for school-based health centers to provide mental health services and mental health education. Additionally, the statistics obtained from school-based health centers must include mental health through this bill.
  • HB 204 (Thierry et al., D-Houston): Would include instruction on mental health within the enrichment curriculum that districts must offer. Other enrichment curricula include physical education, career and technical education, and fine arts, among others.
  • HB 239 (Farrar et al., D-Houston): Would create a new section of law to clarify and define the role of social workers in school settings.
  • HB 314 (Howard et al., D-Austin): Would allow funds allocated under the compensatory education allotment to be used for child-care services, assistance with child-care expenses, or services provided through a life skills program for student parents and students who are pregnant.
  • HB 330 (VanDeaver et al., R-New Boston): Would allow districts to exclude from dropout and completion rates students who have suffered a condition, injury, or illness that requires substantial medical care and leaves the student unable to attend school.
  • HB 422 (Allen, D-Houston): Would require that school boards annually certify to TEA that they have established district- and campus-level decision-making committees.
  • HB 455 (Allen et al., D-Houston): Would require TEA to develop a model policy on recess that encourages age-appropriate outdoor physical activities.

The following bills were also heard in committee:

  • HB 76 (Huberty, R-Humble): The Chairman laid out a substitute for this bill, which gives parents the option to participate in the screening program, rather than requiring an echocardiogram (ECG) or electrocardiogram (EKG) for any student participating in a University Interscholastic League (UIL) activity that currently requires a physical examination. The bill offers that school districts could partner with a nonprofit to provide the service or could pay for the service themselves. Lengthy testimony was heard on this bill from private citizens and representatives from school sports departments and associations, who supported the bill with stories of students who had suffered heart conditions while playing sports. On the other hand, the American College of Cardiology said that ECG/EKGs are not scientifically proven in detecting every potential cardiac defect.
  • HB 391 (Blanco, D-El Paso): Would require a school district or charter school to provide instructional materials in printed book format if the student does not have reliable access to technology at home, at parental request. Parent requests must be documented and included in an annual TEA report to the legislature.
  • HB 396 (VanDeaver, R-New Boston): Would allow the TIMA to be used for inventory software or systems for storing and accessing instructional materials and also allow the TIMA to be used for freight, shipping, and insurance, regardless of whether it is intrastate.
  • HB 397 (VanDeaver, R-New Boston): Would allow the TIMA to be used for inventory software or systems for storing and accessing instructional materials. This bill does not include the intrastate freight change. Rep. VanDeaver said that this bill is a back-up to HB 396.
  • HB 403 (Thompson, S., D-Houston): Would require each school board trustee and superintendent to biennially complete a one-hour training on identifying and reporting potential victims of sexual abuse, human trafficking, and other maltreatment of children. Additionally, the bill requires at least 2.5 hours of continuing education requirements for a superintendent every five years on identifying and reporting these issues.
  • HB 613 (Springer, R- Muenster): Would allow for districts to hold elections outside of the requirement that these elections be jointly conducted with other elections.
  • HB 637 (Gonzalez, D- Clint): Would update the codes dictating the salaries of the superintendents of the Texas School for the Deaf and the Texas School for the Blind and Visually Impaired so that they may only be set through the appropriations process.
  • HB 638 (Capriglione, R- Southlake): Would allow posthumous diplomas to be awarded to students regardless of whether they were in the 12th grade and on academic track to graduate.
  • HB 663 (King, K., R- Canadian): Would limit the proclamation of the State Board of Education (SBOE) to 75% of the total amount used to fund the TIMA and require a review of the Texas Essential Knowledge and Skills (TEKS) to ensure that they could be taught and mastered by students within one year. Rep. King said that this will allow districts 25% of the TIMA to spend as they see fit.
  • HB 674 (Patterson, R- Frisco): Would require that regional education service centers gather information from districts and report on which state mandates districts report are burdensome and expensive. The committee substitute for this bill eliminated reporting on federal mandates.
  • HB 678 (Guillen, D- Rio Grande City): Would allow American Sign Language to count for the graduation requirement of a language other than English.

Chairmain Huberty said that he intends to reveal a plan for his school finance bill later this week and that next week’s hearing will cover topics related to assessment. He also added that the testing companies will be in attendance at the hearing.

State leaders continue to discuss school safety measures

The office of Texas Governor Greg Abbott issued a report today on school safety, specifically highlighting actions being taken by school districts to respond to growing concerns about violence in schools and related safety measures. The “School Safety Action Plan Summary” follows an earlier School and Firearm Safety Action Plan shared by the governor’s office earlier this year. The governor also convened a group of stakeholders back in July to discuss the issue, and ATPE’s state officers were invited to weigh in.

Among the safety measures noted in the governor’s summary report out today are training programs for educators, including the Mental Health First Aid course that is available at no cost to public school employees through their local mental health authorities. The eight-hour course for which educators can earn CPE credit focuses on identifying the signs and symptoms of mental health and substance abuse problems in students. Educators can learn more about the program here.

The governor’s report out today also highlights an increase in the number of school marshals, who are school employees trained and authorized to provide an armed response to violence incidents on a school campus. The school marshal program has existed since 2013 when the legislature passed House Bill 1009 by Rep. Jason Villalba, but relatively few school districts have opted into it. As ATPE Lobbyist Monty Exter noted in this article for the Dallas Morning News, “Whether it’s due to a lack of knowledge of the programs available or a lack of will to implement them, school boards have clearly not made arming educators a priority.” Money is also an ongoing issue in the debate over keeping schools safe, as school districts that are already facing deficiencies in their revenue struggle to find ample cash to pay for additional training, make building updates, or provide mental health resources.

Read the governor’s latest School Safety Action Plan Summary here. Read ATPE’s associated press statement here.

SBOE Chair Donna Bahorich addresses school safety issues as part of a federal panel on Aug. 28, 2018.

On Tuesday, Texas State Board of Education chair Donna Bahorich was a panelist in a listening session for the Federal Commission on School Safety. The event held in Montgomery, Alabama, was part of a series of listening sessions held around the country with the goal of devising strategies to improve school safety.

Bahorich talked about the mental health aspect of curbing violence in schools, including the need to remove the stigmas associated with seeking mental health treatment. “We need to do a paradigm shift around mental health,” Bahorich told the panel before sharing statistics about the prevalence of mental illness among schoolchildren. She also mentioned the concerns over expecting school counselors to fulfill both a mental health treatment function and academic counseling responsibilities, noting that Texas has been discussing whether such roles should be bifurcated. The full listening session broadcast can be viewed here. (The segment featuring Bahorich begins at 1:25:25 during the broadcast.)

Expect school safety to remain a top issue for consideration during the 2019 legislative session. A Senate Select Committee on Violence in Schools and School Security held hearings on the issue this year and released an interim report of its findings earlier this month. Stay tuned to Teach the Vote for updates on this important issue.

Joint panel discusses student mental health services

The House Public Education Committee met jointly with the Public Health Committee Thursday at the Texas Capitol in order to discuss interim charges related to students’ mental health. The joint hearing focused on the following charge:

  • Consider testimony provided at the May 17 House Public Health Committee hearing regarding improving mental health services for children. Identify specific strategies that would enhance overall school safety. Study ways to help parents, youth and primary care providers support school personnel in their efforts to identify and intervene early when mental health problems arise. In addition to school-based trauma-informed programs and those that treat early psychosis, consider the benefits of universal screening tools and expanding the Child Psychiatry Access Program (CPAP). Make recommendations to enhance collaboration among the Health and Human Services Commission, the Texas Education Agency, local mental health authorities, and education service.

House Public Education Committee meeting in a joint hearing with the House Public Health Committee June 28, 2018.

Invited witnesses representing school counselors recommended adding more counselors, social workers and licensed specialists in school psychology (LSSPs), as well as reducing the number of non-counseling duties assigned to counselors – such as bus duty and cafeteria monitoring. One expert testified that counselors and mental health professionals should be used appropriately, and warned of potential stigma associated with referrals for certain mental health services. State Reps. Joe Deshotel (D-Beaumont) and Cindy Burkett both expressed concern that stigma should not prevent students from receiving the mental health services they need.

Chair Dan Huberty (R-Houston) admonished witnesses to make specific asks and supply hard numbers along with their recommendations, rather than make vague suggestions. Vice-chair Diego Bernal (D-San Antonio) noted that the issue seems to be one of capacity, with the current number of counselors lacking sufficient time and resources to achieve maximum effectiveness.

A representative from Communities in Schools (CIS) testified to the importance of wraparound services and incorporating these into emergency response plans. Several members of the committee praised CIS for its work and voiced their continuing support. Lisa Descant with CIS of Houston testified that case management services cost about $218 per student annually, which is funded by a combination of public and private money.

Billy Philips with the Texas Tech University Health Science Center testified regarding the Telemedicine Wellness, Intervention, Triage, and Referral (TWITR) Project. The program provides school-based screening, assessment and referral using telemedicine for students that come to their attention. The program also coordinates handoff to support services and follows certain kinds of outcome data. Licensed professional counselors (LPCs) screen students who are referred due to behavioral issues and connect them to the appropriate care resources, which often include getting the right medication. Students may be removed from school for therapeutic services or for security reasons.

Public testimony consisted of a mix of counselors and individuals performing similar support services. A panel of high school students who became activists following the Santa Fe school shooting impressed lawmakers by offering specific recommendations, such as making additional counselors available and offering ways to reduce the stigma attached to mental illness.

State Rep. Linda Koop (R-Dallas) polled the students whether they would use an app to anonymously report cyberbullying, which is among the ideas under consideration. The students indicated they would use an app for this purpose, provided that they could be confident reports would be acted upon and follow up.

A number of witnesses also asked to provide teachers with trauma-informed instruction training, which they believe will help teachers better identify and help students who may be experiencing trauma at home that could lead to serious academic and behavioral issues.