Tag Archives: Dan Huberty

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.

New School Year, New Laws: Professional Responsibilities

In last week’s “New School Year, New Laws” blog post, we discussed new professional opportunities and educator support programs like mentoring that resulted from the 86th legislative session. For the latest installment in our ongoing series for ATPE, we will talk this week about other legislative changes made this year that will impact the ethical and professional responsibilities of those who work in Texas public schools.

House Bill (HB) 3 by Rep. Dan Huberty (R-Kingwood): Do not hire registry

School superintendents and principals have long had certain obligations to report to the state certain allegations of misconduct against certified educators who work in their schools. The State Board for Educator Certification (SBEC) is authorized to issue sanctions, up to and including revocation of an educator’s certificate, against individuals who hold educator certificates and are found to have committed misconduct. Similarly, SBEC may refuse to grant a certificate to an individual who does not meet state standards. However, SBEC has not had the authority or logistical means to take punitive actions against non-certified school employees in an attempt to deter similar misconduct by those individuals.

Under HB 3, school districts will now be required to report to the state misconduct allegations that arise against their non-certified employees, too. This includes allegations regarding abuse of, unlawful acts with, involvement in a romantic relationship with, or solicitation/engagement in sexual contact with a student or minor. The Texas Education Agency (TEA) now has the authority under HB 3 to investigate such reports against non-certified employees, since there previously was no body to look into cases involving these individuals who are not regulated by SBEC.

HB 3 also requires that TEA create a publicly accessible “do not hire registry” no later than Jan. 1, 2020. The registry will contain the names of individuals, both certified and non-certified, who have been deemed ineligible for hire in a public school based on their criminal history records or misconduct. Since there was no mechanism under previous law to sanction non-certified employees for misconduct, this issue became of increasing concern with growth in the number of charter schools and “Districts of Innovation” in Texas; both of those types of schools can exempt themselves from teacher certification requirements that apply to traditional public schools and may hire non-certified staff for positions that require regular interaction with students. With the update to the law under HB 3, schools throughout Texas will be required to discharge or refuse to hire anyone on the new do not hire registry.

HB 3 also expanded the criteria for designating those who are ineligible to be employed in a public school. Under previous law, a school district could not hire or was forced to discharge any employees who were required by law to register as a sex offender. Now, school districts must also do the same for those who may not be required to register as sex offenders but have committed offenses involving minors such as sexual assault, abandonment, endangerment, leaving a child in a vehicle, and indecency (as described by Title 5 of the Texas Penal Code). Additionally, the expansion of these criteria now encompasses not only those individuals who are convicted, but also those placed on deferred adjudication community service due to the offense committed.

TEA staff and SBEC are currently in the process of developing and discussing new administrative rule language to implement these provisions of HB 3. We expect these items to be discussed at the next SBEC meeting on Oct. 4, 2019, and we will be posting an update here on our Teach the Vote blog at that time.

Additionally, the Commissioner’s rules for the do-not-hire registry are open for public comment. Please see below, as posted on the TEA website:

These educator misconduct provisions of HB 3 became effective immediately with the enactment of the school finance bill.

Senate Bill (SB) 1476 by Sen. Paul Bettencourt (R-Houston): Educator misconduct investigations

SB 1476 allows public school administrators to skip out on misconduct reporting requirements for certified employees by meeting a few criteria. First, the superintendent must carry out an investigation and determine that the allegations are false. Second, this investigation and determination must occur before the educator resigns or is terminated from employment.

This bill was effective immediately upon being signed by the governor on June 14, 2019.

SB 944 by Sen. Kirk Watson (D-Austin): Public information law

SB 944 is an “open government” bill that requires that public information maintained on a privately owned device must be preserved in its original form on the device unless it is transferred to the district’s public information officer for backup. Because educators are public employees, this law will apply to any official business/school-related texts, emails, etc. stored on the educators’ personal devices, such as tablets, cell phones, and laptops. The law applies to former and current public employees, but only for information created or received on or after Sept. 1, 2019. If you keep such public information on any of your personal devices, ATPE recommends that you check with your school district for guidance on this law, including its local policies regarding how long you should archive or backup the information stored on your device.

This law took effect Sept. 1, 2019.


We encourage you to revisit Teach the Vote next week when we’ll be publishing the next “New School Year, New Laws” blog series post about pension and benefits changes that resulted from the 2019 legislative session. ATPE believes it is vitally important for educators to make sure they know and understand the laws that govern their profession and affect their classrooms. For even 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.

New School Year, New Laws: Mentoring, Training, and Professional Support

Thank you for joining us on Teach the Vote to learn more about how the bills passed during the 2019 legislative session will impact the Texas public education system. So far, we have looked into changes made to laws governing student discipline, school safety, curriculum and instruction, assessment, and special education. In this week’s “New School Year, New Laws” post, we will talk about something just for educators – professional opportunities.

House Bill (HB) 3 by Rep. Dan Huberty (R-Kingwood): Mentor teacher program

HB 3, the multi-billion dollar school finance bill passed this session, included a mentor program allotment and an updated mentor teacher program. The allotment will provide funds to school districts that are implementing a mentor teacher program for educators with less than two years of experience. This allotment will help districts provide stipends to mentor teachers, schedule release time for mentors and their “mentees,” and fund mentor training.

Under the requirements of the bill, a mentor teacher must agree to serve in that role for at least one school year and must start their assignment no later than 30 days after their mentee begins teaching. Additionally, districts must assign a mentor to a new classroom teacher for at least two years. Commissioner of Education Mike Morath will adopt rules to specify how many mentees can be assigned to a mentor.

The qualifications for serving as a mentor teacher are much the same as they were under previous law. For example, mentors must complete certain mentor training and have at least three full years of teaching experience. HB 3 adds that, to serve as a mentor, a teacher must also demonstrate interpersonal skills, instructional effectiveness, and leadership skills. Lastly, mentors must meet with their mentees at least 12 hours per semester, which can include time the mentor spends observing the mentee. During these meetings, HB 3 outlines specific conversation topics such as orientation to the district, data-driven instructional practices, coaching cycles, professional development, and professional expectations.

Districts are required to provide mentor training and training on best mentorship practices before and during the school year. Districts are also required to designate mentor-mentee meeting times and schedule release time or a reduced teaching load for mentors and their mentees.

This provision of HB 3 took effect immediately upon the final passage of the bill.

HB 3 by Rep. Dan Huberty (R-Kingwood): Autism training

HB 3 allows school districts and charter schools to provide financial incentives to teachers who complete training through an education service center (ESC) on serving students with autism.

This provision also became effective immediately.

HB 3 by Rep. Dan Huberty (R-Kingwood): Teacher literacy achievement academies

HB 3 includes a focus on improving reading instruction for students in kindergarten through third grades. By the 2021-22 school year, districts must ensure that each classroom teacher in grades K-3 and each principal at a campus with grades K-3 has attended a teacher literacy achievement academy. Created in 2015 by the 84th Texas legislature, teacher literacy achievement academies are targeted professional development opportunities to enhance instruction, especially for special populations. Additionally, HB 3 now requires that each K-3 teacher or principal must have attended a teacher literacy achievement academy before their first year of placement at a campus in the 2021-22 school year.

Current law regarding teacher literacy achievement academies states that, from funds appropriated, teachers who attend an academy are entitled to receive a stipend in an amount determined by the Commissioner from funds appropriated by the legislature for the program. The academies have been funded through the appropriations process since their inception, and this program will receive $9 million over the next biennium.

This provision of HB 3 also took effect immediately.

Senate Bill (SB) 1757 by Sen. Brandon Creighton (R-Conroe): Math and science scholars loan repayment

Under previous law, the math and science scholars loan repayment program was open to teachers who met the following criteria: they completed an undergraduate or graduate program in math or science; are certified to teach math or science (or on a probationary certificate); have been employed as a full-time math or science teacher in a Title I school for at least one year; are U.S. citizens; are not in default on any other education loan; and have not received or are not receiving any other state or federal loan repayment assistance. Additionally, the teacher must have had a cumulative GPA of 3.5. Under SB 1757, this GPA requirement is lowered to 3.0 for the loan repayment program.

The teacher must also enter into an agreement with the Texas Higher Education Coordinating Board (THECB) to complete four consecutive years of employment as a full-time classroom math or science teacher in a Title I school. Under previous law, the teacher also had to commit to an additional four years teaching in any public school, though not necessarily a Title I school. SB 1757 changes this requirement to allow the THECB to determine how many additional, non-Title I school years (not to exceed four) a teacher must teach.

Also, SB 1757 now allows student loan repayment assistance for education taking place at a nonprofit, tax-exempt, regionally accredited college or university. This bill was effective Sept. 1, 2019.

SB 37 by Sen. Judith Zaffirini (D-Laredo): Student loan default

If you’ve ever renewed your teaching certificate, you might have noticed that the State Board for Educator Certification (SBEC) can deny your renewal if you are in default on a student loan. SB 37 changes the law so that SBEC is prohibited from considering student loan status. This law took effect Sept. 1, 2019. However, SBEC still has to change its own administrative rules regarding student loan default and certificate renewal requirements. The board will discuss this at the next SBEC meeting on Oct. 4, 2019. Follow us on Twitter and check back on our Teach the Vote blog for updates about this meeting


In next week’s installment of our “New School Year, New Laws” blog series, we will discuss professional responsibilities, such as recent changes that were made to educator misconduct and reporting laws.

For more information on laws impacting educators, be sure to read the new report from the ATPE Member Legal Services staff, “Know the Law: An Educator’s Guide to Changes Enacted by the 86th Texas Legislature.”

New School Year, New Laws: Special Education

In this week’s blog post in the “New School Year, New Laws” series, the ATPE lobby team looks at changes to special education resulting from the 86th legislative session earlier this year.

Three years ago, the Houston Chronicle published an investigative series on how Texas was systematically denying special education services to students through an arbitrary 8.5% cap on special education enrollment. After confirming the findings, the U.S. Department of Education (ED) ordered the state to complete a Special Education Strategic Plan and Corrective Action Response. In the interim before the 2019 legislative session, special education advocates worked diligently with lawmakers, the Texas Commission on Public School Finance, and the Texas Education Agency (TEA) on the strategic plan, corrective action response, and special education funding to try to mitigate the negative effects of having denied years of services to students. This involvement from stakeholders helped to prioritize special education in the legislative session.

Below are some of the bills passed this year to address special education funding and various initiatives for students with special needs.

House Bill (HB) 3 by Rep. Dan Huberty (R-Kingwood): Special education funding and advisory committee

Special education in Texas is currently funded through a system of weights based on student placement. For example, the weight for a homebound student is 5.0 (meaning that a school district receives 5 times the amount of the basic allotment for that student). The mainstream weight covers approximately 85% of students receiving special education services, according to the TEA. Rep. Mary Gonzalez (D-Clint) amended HB 3 to increase the mainstream weight from 1.1 to 1.15, which will generate hundreds of extra dollars for every student receiving special education services in the general education classroom. As an aside, stakeholders and agency officials alike are urging that the rhetoric around special education shift to characterize special education as a service rather than a placement.

HB 3 also creates a new dyslexia weight of 0.1, which will help direct even more money to students with special needs. The dyslexia weight will also capture and fund students who are receiving services under Section 504 of the Rehabilitation Act, which is not federally funded like the Individuals with Disabilities Education Act (IDEA).

Lastly, HB 3 establishes a 14-member special education allotment advisory committee that will make recommendations on special education funding. In September, the commissioner of education will appoint committee members, to include a variety of stakeholders both within and outside of the school setting, including two teachers.

These provisions of HB 3 became effective immediately upon the passage of the bill.

Senate Bill (SB) 500 by Sen. Jane Nelson (R-Flower Mound): Addressing maintenance of financial support in the supplemental budget

Just before the 2019 legislative session began, news broke that Texas had failed to maintain “state financial support” under the Individuals with Disabilities Education Act (IDEA). Essentially, the state spent $33.3 million less on special education in 2012 than it spent in the prior year, which is not allowed. Unfortunately, the state continued this trend in 2017, 2018, and 2019, and it is now estimated that the resulting federal penalty will reach $233 million.

This year’s supplemental spending bill, SB 500, included over $219 million to settle maintenance of financial support costs and to prevent future penalties.

SB 139 by Sen. Jose Rodriguez (D-El Paso): Notification of enrollment opportunities

SB 139 specifically addresses the aforementioned 8.5% cap on enrollment in special education by requiring TEA to develop a notice regarding the elimination of the arbitrary limit. The notice must also include the rights of children under state and federal law and how parents and guardians can initiate referral and evaluation for special education services.

HB 111 by Rep. Mary Gonzalez (D-Clint): Trafficking, abuse, and maltreatment training

As part of their district improvement plan, school districts are required to adopt and implement a policy on sexual abuse, sex trafficking, and other maltreatment of children. Districts must incorporate methods to increase awareness of these issues by providing training for new and existing employees on prevention techniques and the recognition of sexual abuse, sex trafficking, and other maltreatment of students. HB 111 specifically adds that the training should also include prevention and recognition for students with significant cognitive disabilities. HB 111 became effective immediately.

HB 165 by Rep. Diego Bernal (D-San Antonio): High school endorsements

Effective immediately, HB 165 allows students receiving special education services to earn high school endorsements on their transcripts if they complete, with or without modification, the foundation high school curriculum requirements and the additional endorsement curriculum requirements. Under previous law, a student receiving special education services was unable to earn an endorsement by virtue of being enrolled in a modified curriculum. This prevented the student from earning a Distinguished Level of Achievement upon graduation, which is an eligibility requirement for automatic admission to a public institution of higher education in Texas.

SB 522 by Sen. Judith Zaffirini (D-Laredo): Services for students with visual impairments

SB 522 aims to improve the educational services provided to students with a visual impairment by aligning the terminology in state law with federal law regarding these students. Additionally, the individualized education plan (IEP) for students with a visual impairment must now include instruction in braille and the use of braille unless the student’s admission, review, and dismissal (ARD) committee determines that a different form of instruction is more appropriate. Under SB 522, instruction in braille must be provided by a teacher certified to teach students with visual impairments. This law became effective immediately.

SB 712 by Sen. Eddie Lucio, Jr. (D-Brownsville) and HB 3630 by Rep. Morgan Meyer (R-Highland Park): Prohibiting aversive disciplinary techniques

SB 712 and HB 3630 by are identical bills that prohibit the use of certain techniques on students that are meant to discourage recurring behaviors. These aversive techniques are defined in physical terms, such as inflicting pain on a student, as well as in social, emotional, and mental terms, such as verbally demeaning a student or using a timeout when such breaks are not a part of the student’s individualized education plan (IEP). This legislation does not affect a teacher’s ability to remove students under Texas Education Code Section 37.002, which allows teachers to remove students who are repetitively disruptive and limiting the learning of others. Both bills were effective immediately upon their passage earlier this year.


See the TEA’s “HB 3 in 30” video on special education for additional detail on legislative changes. For more information on the issues featured in our “New School Year, New Laws” series, be sure to check out “An Educator’s Guide to Changes Enacted by the 86th Texas Legislature,” in which ATPE’s attorneys provide a comprehensive look at new education laws passed in 2019. Join us next Monday here on Teach the Vote to read about legislative changes regarding professional opportunities for educators.

Commissioner Morath updates SBOE on reading academies, accountability

Commissioner Mike Morath addresses the SBOE, Sept. 13, 2019.

Today, Texas Commissioner of Education Mike Morath addressed the State Board of Education (SBOE) during its third and final day of meetings this week. The Commissioner’s presentation began with changes that K-3 teachers will soon see regarding reading academies.

As required by House Bill (HB) 3 by Rep. Huberty (R-Kingwood), all teachers and principals of students in grades K-3 must have attended a “literacy achievement academy” by the 2021-22 school year. Based on recent “To the Administrator Addressed” (TAA) correspondence on reading academies, the Texas Education Agency’s latest “HB 3 in 30” video on reading practices, and the commissioner’s presentation to the SBOE today, it seems that the terms “reading academy” and “literacy academy” are being used interchangeably.

The commissioner explained today that, because this requirement will impact over 120,000 educators, the structure of reading academies will have to change. Current reading academies are essentially a year-long fellowship that include a 5-day summer workshop, three two-day professional development sessions, a three-day workshop after the school year, and continuous embedded coaching throughout the school year. A new blended (online modules) reading academy structure will be added that will have fewer days of professional development and coaching. Additionally, a new function will allow some educators to “test out” of the reading academy, and districts will be able to offer their own modified version of the reading academy. Commissioner Morath stated that this will reduce or eliminate the increased cost associated with this new mandate under HB 3.

At today’s meeting, the commissioner also addressed the 2019 accountability ratings, demonstrated the use of the txschools.gov accountability website, and showed SBOE members a new TEKS guide website. He announced that the advisory committees for HB 3 and HB 3906 will be posted this month (September). Lastly, Commissioner Morath informed the board that the STAAR readability study also included in HB 3 will be conducted with the assistance of the University of Texas at Austin and is due December 1, 2019.

Be sure to read ATPE’s blog series “New School Year, New Laws” every Monday for updates on new laws impacting education, including HB 3. Also, check out the great new resource that ATPE’s legal staff has created to advise educators on new laws: “Know the Law: An Educator’s Guide to Changes Enacted by the 86th Texas Legislature.” Download your copy of the guide here.

New School Year, New Laws: Assessment

In last week’s “New School Year, New Laws” blog series penned by the ATPE lobby team, we discussed several bills passed during the recent 86th Legislative session that will impact curriculum and instruction. This week, the ATPE lobby team will address legislative changes adopted this year that pertain to how the state evaluates teaching and learning through assessment.

House Bill (HB) 1244 by Rep. Trent Ashby (R-Lufkin): Civics questions on U.S. History exams

HB 1244 alters the U.S. History end-of-course (EOC) exam by requiring that it include 10 questions randomly selected by the Texas Education Agency (TEA) and pulled from the United States Citizenship and Immigration Services civics test. This is the test that is used during the naturalization process. Does this mean there will be new curriculum standards (TEKS) for U.S. History? No, the bill specifies that TEA must ensure that the questions on the new exam will be aligned with the existing TEKS. Additionally, TEA will be required to issue an annual report that provides the questions, answers, and student performance regarding the 10 civics questions. Student performance data included in the report will be disaggregated by district and campus. HB 1244 applies beginning with students who enter the ninth grade during the 2019-20 school year.

HB 3906 by Rep. Dan Huberty (R-Kingwood): Multifaceted assessments

HB 3906 makes several test-related changes that are effective with the 2019-20 school year. First, with regard to mathematics assessments: the State Board of Education (SBOE) will determine the sections of the grades 3-8 mathematics assessments on which students can use technology aids. TEA can now prohibit the use of technology on certain parts of the Algebra I assessment. Additionally, students can now use a calculator application on a “computing device” (computer) in place of a graphing calculator.

With regard to how TEA designs assessments, the target time it should take a student to complete a distinct “part” of the test was shortened. For grades three and four, the test should be designed so that 85% of students can complete the part within 60 minutes (previously 120 minutes). For grades five through eight, 85% of students should be able to complete the part within 75 minutes (previously 180 minutes). Lastly, assessments and end-of-course exams can now be split into multiple parts administered over more than one day, and the tests may not be administered on the first instructional day of the week (typically Monday).

Also effective immediately, TEA is required to establish an integrated formative assessment pilot program. Districts can opt into the pilot program, which will be used to determine if formative assessments improve instructional support and if they could potentially replace current assessments. TEA will also begin creating a transition plan for the eventual electronic administration of assessments, develop electronic interim assessments for districts to use, and create both technical and educator assessment advisory committees to provide recommendations to the commissioner and TEA on assessment development.

Some provisions in HB 3906 will roll out in the coming years. The bill eliminates the STAAR writing tests given in grades 4 and 7, which will take effect on Sept. 1, 2021. Under federal law, states are required to teach and assess “reading or language arts.” Texas does assess reading and will continue to do so under HB 3906. Also, by the 2022-23 school year, the amount of multiple choice questions on assessments will be limited to 75% and assessments will be administered electronically pursuant to this bill.

Senate Bill (SB) 213 by Sen. Kel Seliger (R-Amarillo): Continuing the individual graduation committees

Individual graduation committees allow a student to graduate in the event that they have completed all curricular requirements but have not passed their EOCs, even with a re-test opportunity. Students complete remediation and a project or portfolio to demonstrate proficiency in the course. Ultimately, the committee considers a variety of factors before making a decision on whether the student can graduate. The committees first came into existence with the enactment of a 2015 bill also carried by Sen. Seliger, but the law permitting the use of the committees was scheduled to expire. This year’s SB 213 extends the use of individual graduation committees for another four years, until 2023. This bill took effect immediately upon its passage.

HB 3 by Rep. Dan Huberty (R-Kingwood): Test-related provisions in the school finance and reform bill

Earlier this year, a New York Times article and other media reports cited multiple studies indicating that State of Texas Assessments of Academic Readiness (STAAR) tests were written above grade level. Spurred by consternation over such media reports, Chairman Huberty included in his HB 3 language that calls for an “assessment instrument study.” This requires TEA to work with a public institution of higher education to determine if each STAAR test is written at the appropriate grade level. Texas Commissioner of Education Mike Morath is required to submit a report on the findings of this study by Dec. 1 of this year.

The outcomes-based funding mechanism in HB 3 that relies on indicators of college, career, and military readiness will include performance on assessments such as the SAT, ACT, and the Armed Services Vocational Aptitude Battery (ASVAB). HB 3 also includes district reimbursement for the administration of certain college prep assessments. Finally, HB 3 requires districts to create an early childhood literacy and mathematics proficiency plan, which would include annual, quantifiable goals for student performance in reading and math.


If you’d like to learn even more about how these and other legislative changes may affect you and your classroom, we encourage you to check out ATPE’s brand new publication, “An Educator’s Guide to Changes Enacted by the 86th Texas Legislature.” This digital guide compiled by ATPE’s legal staff aims to help educators become aware of new laws affecting instruction, compensation, student discipline, and much more. Access the comprehensive guide here. Next Monday, visit ATPE’s Teach the Vote blog once again for more highlights from this year’s legislative session when we’ll be featuring new bills that impact special education in Texas.

TEA releases 2019 “A-F” accountability ratings

On Thursday, August 15, 2019, the Texas Education Agency (TEA) issued a press release announcing the 2019 “A-F” accountability ratings for Texas public school districts and campuses. Last year, A-F ratings were available for school districts only. Yesterday marks the first time that A-F accountability grades have been shared for individual campuses, too. The foundation for the A-F accountability system was created in 2013 under House Bill (HB) 5. In 2015 and 2017, the system was modified through HB 2804 by Rep. Jimmie Don Aycock (R-Killeen) and HB 22 by Representative Dan Huberty (R-Houston), respectively.

The A-F system was highly controversial among the education community in large part because it places a label of “failure” on schools, students, and educators based on a narrow view of school success. Additionally, many factors that strongly influence the outcomes that are measured by the A-F testing and accountability system are outside the scope of what educators can control. These include generational poverty, food insecurity, homelessness, family status, and adverse childhood experiences. For the reasons, ATPE opposed the inclusion of A-F ratings in the public school accountability system throughout the multiple legislative sessions in which it was developed.

Keeping in mind the limitations of the A-F accountability system for substantiating broad conclusions about the performance or effectiveness of schools, educators, and students, the ratings do lend themselves to some observations that can be useful for stakeholders to review. For example, a preliminary analysis of school district ratings shows that charter districts tend to have more C’s, D’s, and F’s than traditional districts. Eighty-six percent of traditional districts had either an A or B rating, compared to only 56 percent of charter districts. In fact, the percentage of charters rated D and rated F was six times and four times the percentage of traditional districts, respectively. It does appear that districts have overall improved since last year in the number rated A and B.

At the campus level, charter ratings are also more heavily weighted towards D and F. However, the overall percentage of schools that are rated A or B has increased since last year. Additionally, Texas Commissioner of Education Mike Morath stated that he is, “particularly proud of the 296 high-poverty schools that achieved an A rating this year.” The commissioner, several lawmakers, and members of the State Board of Education (SBOE) held press events around the state yesterday related to the announcement of the ratings.

ATPE representatives also participated in a number of interviews with the media to discuss the A-F accountability grades. In one news story yesterday about the A-F ratings of schools around central Texas, ATPE Lobbyist Mark Wiggins discussed the myriad additional factors beyond accountability grades that will need to be considered when measuring the future impact of this year’s major school finance and reform bill, House Bill 3.

Of course, much more information is needed to decipher the meaning and validity of these new A-F ratings. In the past, ATPE has urged caution in interpreting A-F ratings, especially due to their reliance on data from student test scores. The TXschools.gov website promoted by TEA is meant to help parents understand ratings and make comparisons. Stakeholders can find further resources from TEA here, including video presentations on each of the three domains used in the rating system. ATPE will continue monitoring the system and fighting to ensure that it is fair and meaningful to educators, school leaders, students, and parents.

School finance and property tax reform bill signed into law

Gov. Abbott signs HB 3 into law at a ceremony at Parmer Lane Elementary in Pflugerville ISD, June 11, 2019.

Just before noon today, Gov. Greg Abbott signed House Bill (HB) 3 into law. The bill signing took place in front of a crowd of reporters at an elementary school in Pflugerville ISD. The governor was flanked by his fellow members of the “Big Three,” Lt. Gov. Dan Patrick and House Speaker Dennis Bonnen (R-Angleton). Also up on stage were members of the House and Senate education and finance committees, the superintendents of San Antonio ISD and Longview ISD, and Texas Commissioner of Education Mike Morath.

The ceremony began with remarks from Gov. Abbott about the importance of this legislation in improving school finance and reducing property taxes, with emphasis on the success of the legislature in working together on a solution in the absence of a court order. Lt. Gov. Patrick, Speaker Bonnen, Senate Education Committee Chairman Larry Taylor (R-Friendswood), and the bill’s author, House Committee on Public Education Committee Chairman Dan Huberty (R-Houston), also spoke at the bill signing ceremony, giving thanks and praise for the efforts of those who collaborated on HB 3.

Notably, Speaker Bonnen thanked the people of Texas, for whom he said the school finance and reform bill had been passed. This remark is a testament to the power of educators and public education supporters across Texas who have made their voices known through voting and advocacy. As we watch the implementation of HB 3, some parts of which take effect immediately while others are delayed, ATPE will stay vigilant in ensuring the integrity of the promises made by our leaders. Stay tuned for more updates as implementation rolls out over the next several months. To learn more about what’s in the bill, check out our detailed HB 3 blog post here.

86th Legislative Session Highlights from ATPE

As the 86th Texas Legislature began its regular session in January 2019, it was dubbed the “session of the teacher” and was marked by abounding promises to fix school finance and provide pay raises to the most important in-school factor contributing to student success: our teachers. Indeed, this session’s legislation included several pro-public education proposals such as a multi-billion dollar school finance and property tax reform bill, efforts to provide an across-the-board teacher pay raise, school safety enhancements, and measures to shore up the Teacher Retirement System (TRS), while mostly avoiding troublesome and divisive topics such as payroll deduction and tactics to privatize education.

However, bills rarely reach the finish line in the same form as they started, while most others don’t make it at all. In fact, there were more than 10,000 bills and resolutions filed this session, but only 1,429 House and Senate bills were finally passed. As a reminder, bills that do finally pass the legislature are still subject to review by the governor. Gov. Greg Abbott vetoed three bills that were on ATPE’s tracking list. The governor vetoed House Bill (HB) 109 by Rep. Armando Martinez (D-Weslaco), which would have required charter schools to give students Memorial Day off as school districts are currently required to do, yet the bill exempted districts of innovation (DOI). Gov. Abbott explained in his veto statement that the bill would have exempted up to 859 school districts, and suggested the legislature draft more targeted legislation in the future. The governor vetoed HB 455 by Rep. Alma Allen (D-Houston), which would have required the Texas Education Agency (TEA) to develop a model policy on recess that encourages age-appropriate outdoor physical activities. Despite praising the bill’s good intentions, the governor called HB 455 “bureaucracy for bureaucracy’s sake.” Gov. Abbott also vetoed HB 3511 by Rep. Gary VanDeaver (R-New Boston), which would have created a “Commission on Texas Workforce of the Future.” The governor called the bill redundant and duplicative of work being done by the Tri-Agency Workforce Initiative, which involves the Texas Workforce Commission, TEA, and the Texas Higher Education Coordinating Board (THECB). 

To learn how education issues fared during the 2019 session that ended on Memorial Day, ATPE offers this comprehensive summary prepared by our lobbyists: Jennifer Mitchell, Monty Exter, Mark Wiggins, and Andrea Chevalier. You’ll also find within this post an update on the actions taken by the 86th Texas Legislature on ATPE’s legislative priorities for 2019.

Here’s a list of the topics covered in this post:


School Finance:

ATPE’s top legislative priority this year was improving Texas’s school finance system, and more specifically, supporting legislation to dramatically improve that system in order to provide every child access to an exemplary public education.

Gov. Greg Abbott (R) declared school finance reform to be one of his top priorities and an emergency item for early consideration by the 86th Legislature. Newly elected House Speaker Rep. Dennis Bonnen (R-Angleton) did his part to keep school funding on the minds of state representatives by providing them with cups reading, “School Finance Reform – The Time is Now.” While a handful of school finance bills were filed this session, House Bill (HB) 3 by Rep. Dan Huberty (R-Kingwood) quickly became the session’s signature piece of legislation. HB 3 was a culmination of selected recommendations from last year’s Commission on Public School Finance that was created by the 85th legislature, as well as other input from education stakeholders such as ATPE.

ATPE supported the version of HB 3 that was approved by a vote of 148-1 in the House chamber. The House-approved bill called for providing billions of dollars to public schools; included important programmatic changes such as full-day pre-K and dyslexia and dual language funding; and it increased the basic allotment. Importantly, the bill as it left the House did not include merit pay provisions ranking teachers competitively or basing their compensation on their students’ performance; nor did the bill tie district funding to the results of student assessments like the STAAR. The Senate sponsor of HB 3, Sen. Larry Taylor (R-Friendswood), pushed forward a revised version of the bill in the upper chamber, which was approved by the Senate on a vote of 26-3 with two senators “present not voting.” As an updated version of the bill progressed through the Senate and ultimately reached a conference committee, ATPE continued to work to keep merit pay and other negative provisions out of the final bill.

State leaders announced on May 23, 2019, that a deal on HB 3 and other key legislation had been reached. Known as the Texas Plan, the final version of HB 3 as passed by the House and Senate now awaits the Governor’s signature as of our writing of this report. It is important to note that the final bill includes approximately $5.2 billion for property tax compression in addition to the $6.2 billion for school resources, and it reduces school districts’ vulnerability to recapture.

In its final form, HB 3 also makes a number of education policy changes that fall outside the scope of traditional school finance legislation, addressing such topics as the creation of a “do not hire” registry for educators who have been accused of misconduct and requiring teachers to demonstrate proficiency in the science of teaching reading. Fortunately, HB 3 as finally passed does not rank educators across or within districts and expressly prohibits compensation being tied to testing in local teacher designation systems. The bill also does not tie school funding to students’ third grade reading scores.

Read more about the major changes to school finance and education policy that are contained in HB 3 in this detailed ATPE blog post about the omnibus bill here on Teach the Vote.

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Educator Pay: 

Increasing educator compensation through plans that foster both retention and a robust workforce at every Texas public school was another ATPE legislative priority this session. We advocated for compensation plans that would allow for local flexibility, encourage educator input, involve factors more meaningful than students’ standardized test scores, and align with other efforts to promote and enhance the education profession.

Leading up to the November 2018 Texas elections and heading into this year’s legislative session, Lt Gov. Dan Patrick (R) made teacher pay a central tenet of his communications. During campaign messaging, he first promised educators a $10,000 pay raise before ultimately scaling back his plan to the $5,000 pay raise encapsulated in Senate Bill (SB) 3 by Sen. Jane Nelson (R-Flower Mound).

SB 3’s first high-profile hearing by the Senate Finance Committee coincided with the timing of ATPE at the Capitol, our lobby day event held every legislative session, and several ATPE members testified at the hearing. The Senate quickly passed the more than $4 billion bill out of the upper chamber within the first 60 days of session, after Gov. Abbott declared teacher pay to be another emergency item this year. SB 3 as passed by the Senate called for across-the-board pay raises for classroom teachers and librarians.

However, SB 3 stalled in the House as the lower chamber grappled with its larger school finance bill, HB 3. For its part, House members proposed smaller, state-funded, across-the-board pay raises at the district level that would cover all public school employees except administrators in their version of HB 3. Later in the session. SB 3-style pay raise language momentarily regained life in the Senate’s version of HB 3, but did not make it into the final version of the school finance bill. Ultimately, the combination of legislators opposed to across-the-board raises and the prioritization of property tax compression by state leaders, including Lt. Gov. Patrick, doomed the proposal for a $5,000 across-the-board teacher pay raise.

While it does not guarantee an across-the-board, state-mandated pay raise, the final compromise version of HB 3 does contain two significant provisions on educator compensation. The first requires districts to spend 30 percent of the new revenue they receive under HB 3 on compensation. Seventy-five percent of that portion must be spent on teachers, counselors, librarians, and nurses; with a prioritization of spending the money to increase compensation for classroom teachers with more than five years of experience. Districts are not required to give to every employee within this category an increase. The remaining 25 percent of the compensation carve-out may be spent on compensating other full-time staff who are not administrators. Additionally, districts likely can choose to spend these dollars on benefits such as insurance premiums in lieu of salary hikes.

HB 3 also allows districts to assign their teachers performance designations and draw down additional state funding for compensation based on the combination of a teacher’s designation and the student demographics of the campus in which they teach. The additional funding ranges from $3,000 to $32,000, depending on a teacher’s designation and other factors, but the total amount of money budgeted by the state for this program is only $140 million for the biennium, meaning that it may end up being limited to only a handful of districts. Based on the wording of HB 3, state funding under this program will flow to the districts rather than directly the individual teachers who may earn the designations, allowing districts substantial discretion in how they spend the additional money.

For more information on the compensation provisions found in HB 3 as finally passed, view our blog post about the bill’s details here on Teach the Vote.

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Teacher Retirement System (TRS):

ATPE had two legislative priorities for this session that were connected to the Teacher Retirement System (TRS). Our first priority was preserving educators’ pension benefits, which have remained largely stagnant for several years as a result of the legislature’s failure to inject more money into the system. This year, ATPE actively supported legislative efforts to preserve both the solvency and the defined-benefit structure of the TRS pension program. We also teamed up with Equable, a national nonprofit organization that advocates for pension plan sustainability, to jointly promote legislation that would address the TRS funding shortfall.

ATPE’s other TRS-related legislative priority was funding educators’ healthcare needs. We aimed to help the state and school districts provide active and retired public educators with more affordable and accessible healthcare benefits. With healthcare costs on the rise nationally, active and retired educators alike have seen their medical costs eat up an increasingly larger percentage of their take home pay or TRS annuities.

Retired teachers can rest a little easier knowing that the passage of Sen. Joan Huffman’s (R-Houston) SB 12 (pending the Governor’s signature, of course) will provide a much needed increase in contributions to TRS, making the fund actuarially sound and ensuring that the primary retirement income for many Texas educators will be viable for decades to come. Read more on the details of changes made to TRS, including the provision of a 13th check for current retirees, in this ATPE blog post for Teach the Vote.

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School Safety and Student Health: 

One of the most sweeping bills the legislature passed this session was SB 11 by Sen. Larry Taylor (R-Friendswood), which was aimed at improving school safety in the aftermath of the 2018 deadly school shooting in Santa Fe, Texas. School safety and mental health were among the issues that Gov. Abbott declared as emergency items for the 86th legislative session, following round-table discussions his office held with stakeholders, including ATPE state officers, during the interim.

Although SB 11 and a related mental health bill, SB 10, took a meandering path through the session, legislators ultimately placed a specific focus on improving students’ mental health and assigning specialized teams at each campus to identify individuals who may pose a threat to themselves or others. The bill’s largest component sends $100 million to school districts over the next two years through a school safety allotment for use on facilities and security programs. Read the rest of what SB 11 does in this ATPE blog post for Teach the Vote.

Other school safety-related bills that were passed this session include HB 1387 by Rep. Cole Hefner (R-Mt. Pleasant), which removes caps on the number of school marshals who can serve a public or private school, and HB 2195 by Rep. Morgan Meyer (R-Dallas), which requires that a school district’s multihazard emergency operations plan include a policy on responding to an active shooter situation. Freshman Sen. Beverly Powell (D-Ft. Worth) also passed a bill that pertains to the information law enforcement officials are required to share with school districts when a student is arrested. Her SB 2135 helps superintendents and school boards work together with law enforcement  agencies to exchange information that can be used to conduct a threat assessment or prepare a safety plan related to a student who may pose a threat.

Another noteworthy bill that passed this session and could be directly attributed as a reaction to recent school shootings was HB 496 by Rep. Barbara Gervin-Hawkins (D-San Antonio). It sets forth protocols for the provision and use of bleeding kits in public schools, as well as training of students and staff to respond to traumatic injuries.

A couple of education-related bills were passed this session that aim to prevent or respond to the growing problem of child sex trafficking. HB 111 by Rep. Mary Gonzalez (D-Clint), calls for school district employees’ training to include recognizing the signs of sexual abuse and sex trafficking of children with significant cognitive disabilities. HB 403 by Rep. Senfronia Thompson (D-Houston) similarly requires superintendents and school board trustees to undergo training in identifying and reporting sexual abuse, human trafficking, and other maltreatment of children.

Lawmakers also approved bills this session that address students’ mental health, HB 18 by Rep. Four Price (R-Amarillo) is a bill that grew out of interim recommendations and strives to help school employees be aware of and provide interventions for students with mental health challenges, substance abuse, or a history of trauma. HB 19, also by Rep. Price, requires mental health professionals in each Education Service Center (ESC) region to provide training and resources to help address public school students’ mental health. Additionally, Rep. Todd Hunter’s (R-Corpus Christi) HCR 137 designates the month of September as Suicide Prevention Month for the next 10 years. Also, SB 435 by Sen. Jane Nelson (R-Flower Mound) requires local school health advisory councils to recommend appropriate opioid addiction and abuse curriculum that can be used by the school district.

Finally, there are some student health-related bills that passed and are worth mentioning. This session Rep. Dan Huberty (R-Kingwood) finally passed HB 76, a bill he has carried for several sessions aimed at providing student athletes access to cardiac assessments before they participate in certain activities sponsored by the University Interscholastic League (UIL). Rep. Travis Clardy (R-Nacogdoches) also passed HB 684 enabling school nurses and other trained public school employees to provide assistance to students with seizure disorders. Likewise, HB 2243 filed by physician and Rep. Tom Oliverson (R-Houston) aims to help school nurses administer asthma medication to certain students. SB 869 by Sen. Judith Zaffirini (D-Laredo) calls for an ad hoc committee to consult with the commissioner of education on updating guidelines for the care of students with food allergies who are at risk for anaphylaxis.

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Student Testing:

A handful of bills pertaining to student testing are on their way to the governor’s desk as of our writing of this report. Sen. Kel Seliger’s (R-Amarillo) bill to continue Individual Graduation Committees (IGCs), SB 213, has already been signed into law by Gov. Abbott. The ATPE-supported bill originally aimed to make the IGC law permanent, but its final version simply extends the sunset date for the law to September 1, 2023, making it ripe for consideration again during the 2021 or 2023 legislative session.

The largest testing bill that passed this session is HB 3906 by Rep. Dan Huberty (R-Kingwood), which makes a variety of changes to how state assessments are administered and the content of the tests. Additionally, HB 1244 by Rep. Trent Ashby (R-Lufkin) changes the end-of-course exam for U.S. History to include 10 questions from the civics test used in the naturalization process; and HB 1891 by Rep. Lynn Stucky (R-Denton) will allow those who reach a required score on high school equivalency exams to be exempt from taking the Texas Success Initiative assessment.

Read more about these bills and others pertaining to testing in this ATPE blog post for Teach the Vote.

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Special Education:

During the interim, special education advocates worked diligently on the state’s Special Education Strategic Plan and Corrective Action Response, which was ordered by the U.S. Department of Education (ED) due to Texas’s artificial 8.5% cap on special education enrollment. Advocates also worked with the Texas Commission on Public School Finance last year, carrying legislators into the session with renewed energy for special education reforms.

To invigorate everyone even more, news broke just before session that our state faced penalties from ED due to the Texas Education Agency’s failure to maintain “state financial support” under the Individuals with Disabilities Education Act (IDEA). Essentially, the state spent $33.3 million less on special education in 2012 than in the year before, and thus, Texas was being assessed a $33.3 million financial penalty by ED. Unfortunately, the state has continued this trend, and it is now estimated that the federal penalty will reach $233 million.

Legislation passed this session hopes to address this issue going forward. The funding changes in the major school finance bill, HB 3, and under the state’s supplemental appropriations bill, SB 500 by Sen. Jane Nelson (R-Flower Mound), should help address Texas’s issue with maintenance of financial support. HB 3 raises the mainstream weight from 1.1 to 1.15; creates a new dyslexia weight of 0.1; and establishes a special education allotment advisory committee. SB 500, the supplemental budget, includes over $219 million to settle maintenance of financial support costs and prevent future penalties.

Other bills will impact special education beyond funding, such as HB 165 by Rep. Diego Bernal (D-San Antonio), which will allow students in special education programs to earn high school endorsements on their transcripts, and SB 139 by Sen. Jose Rodriguez (D-El Paso), which will provide parents with clearer notice on special education rights, including information related to evaluation and eligibility. Additionally, SB 522 by Sen. Judith Zaffirini (D-Laredo) improves the development of individualized education programs (IEPs) for students who are visually impaired, and SB 2075 by Sen. Angela Paxton (R-McKinney) aims to improve school districts’ compliance with dyslexia screening and parental notification.

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Payroll Deduction:

Protecting educators’ right to use payroll deduction for the voluntary payment of their professional association dues was another ATPE priority for 2019. In 2017, ATPE and other groups that represent public employees fought off vigorous, politically motivated efforts to repeal the payroll deduction statute, with the issue being named a top priority of Lt. Gov. Dan Patrick and even being added to Gov. Greg Abbott’s list of urgent issues that he felt necessitated a special session that summer. Those efforts failed last session, and ATPE was prepared to fight any similar legislative efforts this session.

Despite frequent pleas from far-right groups like Empower Texans and the Texas Public Policy Foundation to compel the 86th Texas Legislature to do something about the “union dues” issue, ATPE is pleased to report that not a single bill was filed this year aiming to eliminate payroll deduction for educators. There were some efforts in the final days of the session to try to amend language onto other bills that could prevent public employees from using payroll deduction, but those efforts failed.

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Class Sizes:

Early in the session, the House Public Education Committee heard HB 1133 by Rep. Jonathan Stickland (R-Bedford). This bill would have changed the current hard cap of 22 students in a single elementary grade classroom to a campus-wide, grade-level average, having the effect of allowing class sizes to dramatically expand. ATPE strongly opposed this bill, but it was unfortunately voted favorably out of the committee. After weeks of inaction on the bill, the language from HB 1133 was abruptly amended as a House floor amendment onto one of Rep. Huberty’s school accountability bills, HB 3904. The next day, this language was stripped from HB 3904 following a third-reading amendment by Rep. Chris Turner (D-Grand Prairie). What followed was quite extraordinary. Within hours, HB 1133 was added to a floor calendar and set to be voted on by the full House. Rep. Stickland postponed a vote on the bill three times, and when he finally allowed for a vote, the House defeated HB 1133 by a vote of 44 yeas and 97 nays. For more about the debate and to find out how your legislator voted on HB 1133, check out our coverage here on the Teach the Vote blog. ATPE thanks those who called their legislators and helped us oppose this bill in order to protect class-size limits, which are part of ATPE’s member-adopted legislative program.

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Private School Vouchers:

ATPE’s final legislative priority for the 86th legislative session was opposing the privatization of public schools through programs such as vouchers, scholarships, tax credits, education savings accounts, or allowing private entities to take over the authority and accountability vested in locally elected school boards. During the 2017 legislative sessions, private school vouchers were a top priority for Lt. Gov. Dan Patrick, and voucher legislation easily passed the Texas Senate only to be stalled in the House. The House members’ unambiguous opposition to vouchers last session, combined with the strong statement made in 2018 by educators showing up in higher numbers at the polls, dissuaded lawmakers and even state leaders from pushing a voucher priority this year. ATPE is happy to report that no major private school voucher bills like the ones filed last session were heard in committee this time around.

There were a handful of bills considered this session that ATPE and others deemed to be virtual voucher bills. The primary bill in this group was SB 1455 by Sen. Larry Taylor (R-Friendswood). SB 1455 would have eliminated statutory limitations on a student’s ability to demand access to more than three virtual school courses in a semester. The bill also called for expanding the number of full-time virtual school programs and access to those programs for students in grades K-2. Virtual school programs while accessed through a school district or charter school are operated almost exclusively by private, often for-profit, providers. Research has consistently shown that such full-time programs do a poor job of educating students compared to traditional brick-and-mortar schools, but they are a source of large profits for the providers at the expense of taxpayers. Other similar bills were filed this session by Sens. Donna Campbell (R-New Braunfels) and Bob Hall (R-Edgewood). Thankfully, all of these ATPE-opposed virtual school expansion bills failed to make it out of the House Public Education Committee this session.

Although not technically a “voucher” bill, ATPE believes it is worth mentioning this session’s version of the so-called “Tim Tebow” bill. Session after session, lawmakers have filed bills named in honor of the famous athlete who was home-schooled. The bills attempt to force public schools to allow home-schooled students to participate in their activities through the University Interscholastic League (UIL). The latest iteration was HB 1324 by Rep. James Frank (R-Wichita Falls), which ATPE opposed based on our member-adopted legislative program. During its hearing by the House Public Education Committee, ATPE submitted written testimony against HB 1324, expressing our concern that there was no assurance under the bill that home-schooled students would be required to meet the same prerequisites for UIL participation as public school students. The bill was expected to be brought up for a committee vote a couple weeks later, but was left off of the vote list, likely in response to growing opposition to HB 1324. ATPE appreciates the members, educators, parents, coaches, and other stakeholders who called their legislators to oppose this bill.

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Charter Schools:

In the previous regular legislative session of 2017, charter schools walked away with $60 million in first-time state facilities funding and the ability to operate school district campuses and receive financial benefits through “1882 partnerships,” a reference to the enabling legislation, SB 1882 (2017). While charter school legislation did not take center stage this session, several bills affecting charter schools are headed to the governor’s desk.

Some bills that passed this session have the effect of treating charters in the same manner as traditional public schools. HB 109 by Rep. Armando Martinez (D-Weslaco) prohibits charters from operating on Memorial Day; HB 2190 by Rep. Todd Hunter (R-Corpus Christi) allows children of charter school employees to attend their parents’ school; and SB 372 by Sen. Donna Campbell (R-New Braunfels) allows charter governing bodies to employ security personnel, commission peace officers, and enter into agreements with law enforcement to assign school resource officers. Additionally, SB 2293 by Sen. Pat Fallon (R-Prosper) subjects charter school employees to the same collective bargaining and anti-striking laws as all other public school employees. SB 2293 also creates a common application for charter school admission and a requirement that the Texas Education Agency (TEA) maintain and report on the nebulous “charter waiting list” often cited by charter school proponents as justification for their further expansion.

While the above-referenced bills do bring some parity between charters and traditional public schools, ATPE also supported several bills this session that would have had an even greater impact but did not pass. For instance, HB 43 by Rep. Gina Hinojosa (D-Austin) would have prohibited charters from using exclusionary admission policies based on students’ discipline history, and HB 1853 by Rep. Leo Pacheco (D-San Antonio) would have required charter schools to employ certified teachers.

Other bills that passed this session will impact charter school finance and expansion. The previously discussed omnibus school finance bill, HB 3, affects charter school funding, including requiring charters to pay their fair share into TRS and removing the charter benefit of the small and midsize adjustment. SB 668, a mandate relief bill by Sen. Bryan Hughes (R-Mineola), allows charters to submit an expansion approval request up to 18 months before expanding and requires that charters notify school superintendents affected by the expansion. Unfortunately, this is a pared-down version of stricter notification requirements that were included in the bill as it left the House. Other related bills that passed include HB 4258 by Rep. Jim Murphy (R-Houston), which provides the attorney general with the sole authority to approve the tax-exempt status of charter school bonds, nixing the authority of municipalities. Lawmakers also approved SB 2117 by Sen. Paul Bettencourt (R-Houston), which provides the financial benefits of 1882 partnerships to previously established partnerships in Spring Branch ISD and Aldine ISD that were formed prior to the final implementation of SB 1882. Lastly, SB 1454 by Sen. Larry Taylor (R-Friendswood) improves the transparency of the sale, lease, and disposition of closed charter schools and their assets.

A couple of other charter-related bills passed the legislature, including HB 4205 by Rep. Tom Craddick (R-Midland), which allows for large charter operators to repurpose a closed public school district campus with the requirement that the same students who were at the campus before it was closed be admitted. Finally, HB 1051 by Rep. Gary VanDeaver (R-New Boston) makes permanent the Goodwill Excel Center, an adult high school diploma and industry certification charter school pilot program, and codifies its best practices.

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Student Discipline:

Legislators also passed several bills related to student discipline this session. HB 3630 by Rep. Morgan Meyer (R-Dallas) and SB 712 by Sen. Eddie Lucio, Jr. (D-Brownsville) are identical bills prohibiting the use of “aversive techniques,” which are described as techniques or interventions intended to inflict pain or emotional discomfort. This includes sprays, electric shocks, using a device to restrain all four extremities, and denial of the ability to use the restroom. Teacher organizations worked with the bill authors to ensure that this legislation would not prevent an educator from using a technique outlined in a student’s behavioral intervention plan (BIP) or from removing a student from class when necessary.

Regarding the removal of students, SB 2432 by Sen. Larry Taylor (R-Friendswood) adds criminal harassment against a district employee to the list of conduct that will result in a student’s automatic removal from a classroom. This would mandate that a student who threatens a teacher or sends them harassing electronic communications is immediately removed from class. Another bill also by Sen. Taylor, SB 1451, states that negative action may not be taken against an educator solely on the basis that the teacher made disciplinary referrals or documented student misconduct. ATPE supported these bills.

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School Turnaround:

Lawmakers spent considerable time this session discussing ways to improve student performance at public schools that are struggling under the state’s accountability system. Finding a programmatic “fix” that will dramatically improve performance in a reasonably short period of time, and in particular, one that is capable of being replicated, has long been an elusive goal of state and local policymakers and many education reformers. The latest attempt is called the “Accelerated Campus Excellence” (ACE) approach. The program, which began in Dallas ISD and has spread to a handful of other districts mostly in the DFW metroplex, has shown some promise and caught the attention of lawmakers when it was discussed during interim hearings of the Texas Commission on Public School Finance last year.

In a nutshell, ACE consists of a robust set of wraparound services for students at a persistently struggling campus, along with salary incentives and additional training for the teachers at the campus. The program utilizes a campus reconstitution approach, where a principal, often new to the campus, assembles a team of educators, some of whom are already teaching at the campus but many of whom are new. Many aspects of ACE mirror initiatives that ATPE has long advocated, such as using financial incentives to entice high-quality, often more experienced, educators to work at hard-to-staff campuses; offering robust mentoring and professional development; and providing students with robust wraparound supports. Unfortunately, the high cost of both the educator stipends and the wraparound services has made the longer-term sustainability of an ACE program questionable.

Several bills this session included provisions that would add ACE program language to state law, including both the House and Senate versions of HB 3. Regrettably, most of the provisions included in such bills featured heavy reliance on students’ standardized test performance data, including the use of STAAR data, to select educators for ACE campuses; provisions that rank teachers competitively by district or statewide, again based largely on student performance; and giving the appointed commissioner of education extreme control over the programs and their approval.

Ultimately, the ACE provisions were removed from HB 3, the omnibus school finance bill. However, the legislature did also pass HB 4205 by Rep. Tom Craddick (R-Midland) which had been amended with language from another stand-alone ACE bill, SB 1412 by Sen. Charles Perry (R-Lubbock). HB 4205 as finally passed contains a watered down and unfunded provision that allows districts, subject to commissioner approval, to use a version of ACE as a turnaround plan for a multi-year IR campus under Section 39.105 of the Texas Education Code.

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Political Speech:

In addition to advancing pro-public education legislation, ATPE worked to stop proposals this session that would have hindered the ability of our schools, teachers, and students to receive the best education possible. Specifically, ATPE worked to block SB 1569 by Sen. Pat Fallon (R-Prosper) and SB 904 by Sen. Bryan Hughes (R-Mineola). These bills would have had the combined effect of subjecting educators to extensive restrictions on political speech that go far beyond those that apply to any other group of public employees. Under these bills, teachers would have faced criminal penalties for all kinds of innocuous activities, including break room conversations of a political nature and teaching students about civic engagement as required by the Texas curriculum standards. Neither bill made it all the way through the legislative process.

ATPE also opposed SB 9, another controversial bill by Sen. Hughes that would have significantly increased the criminal penalties for mistakes made by voters, decreased voter privacy, and made voter registration more difficult. The Senate passed SB 9 on a party line vote, but the measure stalled in the House late in the session where it could not make it onto a calendar for floor consideration.

Another pair of bills that were of concern to some education groups were SB 29 by Sen. Bob Hall (R-Edgewood) and HB 281 by Rep. Mayes Middleton (R-Wallisville), aimed at preventing public entities from hiring lobbyists or paying dues to associations that lobby the legislature. While it is difficult to speculate what impact those bills might have had on groups like ATPE that do not receive their dues dollars from public entities, there is no question that weakening the ability of local schools to communicate their needs to the legislature was one of the authors’ goals. Fortunately, a deluge of messages from public education supporters all over Texas helped convince legislators to reject the bill in a major late-session vote on the House floor on May 20.

It is widely believed that these bills were filed in response to pressure from certain anti-public education groups reacting to the overwhelming pro-public education sentiment expressed by many voters in the most recent elections. Some of these bills came perilously close to becoming law, and ongoing advocacy by educators during the legislative session was among the key determining factors in preventing them from making it to the governor’s desk.

Indeed, if there is a single takeaway for the education community following the 2019 legislative session, it is reinforcement of the fact that political participation by educators is essential for the defeat of anti-public education bills. Stated differently, the engagement of educators in every election cycle and through grassroots communications with their elected officials, especially during a legislative session, is what produces successful outcomes for public education. ATPE thanks all those who helped prioritize the needs of public schools, educators, and most importantly, students during this 86th legislative session.

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Changes to student testing are coming in light of legislation passed

The 86th Texas Legislature passed a number of measures that will have an impact on standardized testing of students in our public schools.

First, House Bill (HB) 3, the omnibus school finance and tax reform bill carried by Rep. Dan Huberty (R-Houston) contains some sections related to student testing. Most notably, the bill calls for an “assessment instrument study,” which requires the Texas Education Agency (TEA) to work with a public institution of higher education to determine if each State of Texas Assessments of Academic Readiness (STAAR) test is written at the appropriate grade level. Commissioner of Education Mike Morath is required to submit a report on the findings of this study by December 1 of this year.

HB 3 also included changes to testing that will affect districts, such as an outcomes-based funding mechanism that relies on indicators of college, career, and military readiness of each annual graduating class within a district. These indicators include student performance on assessments such as the SAT, ACT, and the Armed Services Vocational Aptitude Battery. HB 3 also includes district reimbursement for college prep assessments and requirements for districts to create an early childhood literacy and mathematics proficiency plan, which would include annual, quantifiable goals for student performance in reading and math.

Fortunately, the final version of the school finance bill that passed does not include earlier language proposed by the Senate that would have tied a merit pay program for teachers more directly to the performance of their students. In fact, the final bill expressly prohibits the commissioner from requiring districts to use assessments to evaluate teacher performance in local teacher designation systems. ATPE and others urged lawmakers to remove such merit pay language from HB 3, fearing that it would lead to a statewide ranking of teachers based largely on data drawn from student scores on high-stakes tests that were never designed to be used as measures of educator effectiveness.

A major stand-alone testing bill, HB 3906, was also unanimously passed by the legislature and is awaiting a signature by Gov. Greg Abbott. The bill, similarly carried by Rep. Huberty, maintains the concept of a maximum time limit on STAAR tests in grades 3-8, but allows for the tests to be broken into smaller sections that would be administered during the school year rather than on a single day. Backers of the bill hope that multiple smaller tests will give the assessment more of a formative approach rather than forcing students to take a single, summative high-stakes test that has been cited as creating undue stress for students. Opponents, on the other hand, are concerned that breaking up the tests increases the overall number of testing days.

HB 3906 left the Senate with provisions that created a combined reading and writing “language arts” test. However, this concept was stripped from the final version of the bill, which simply eliminates the STAAR writing tests given in grades 4 and 7. This change will not take effect until September 1, 2021. The bill also prohibits giving STAAR tests to students on the first instructional day of the week, and requires a transition to electronic assessments after TEA conducts a study of how feasible this transition might be.

Under HB 3906, TEA is also required to develop non-multiple choice questions to round out STAAR tests due to the bill’s new 75% limit on multiple choice questions. Additionally, TEA will be required to establish an integrated formative assessment pilot program that districts can opt in to, which will be used to determine if these assessments improve instructional support and if they could potentially replace current assessments. TEA is also required under HB 3906 to develop interim assessments for districts to use, presumably as test prep, and to create both a technical and educator assessment advisory committee that would provide recommendations to the commissioner and TEA on assessment development.

The legislature also passed a few smaller bills related to testing this session, such as Senate Bill (SB) 213 by Sen. Kel Seliger (R-Amarillo), which extends the use of individual graduation committees for another four years, until 2023. This ATPE-supported bill has already been signed into law by Gov. Abbott and takes effect immediately.

Additionally, HB 1244 by Rep. Trent Ashby (R-Lufkin) and HB 1891 by Rep. Lynn Stucky (R-Denton) have passed the legislature and await the Governor’s action. HB 1244 changes the U.S. History end-of course exam by requiring it to include 10 randomly selected questions from the United States Citizenship and Immigration Services civics test. TEA is required to ensure that these questions are aligned to the Texas Essential Knowledge and Skills (TEKS) and will provide annual reports with the answers to the questions and student performance. HB 1891 allows students who meet the required score on a high school equivalency exam, such as the General Education Diploma (GED), to be exempt from the Texas Success Initiative Assessment (TSIA). The required score will be set by the Texas Higher Education Coordinating Board.

ATPE will be watching the implementation of these bills as they roll out and begin to affect districts, teachers, and students. Stay tuned!