Tag Archives: Dan Huberty

Teach the Vote’s Week in Review: April 5, 2019

It was another groundbreaking week in the Texas legislature, and here’s a look at the headlines from ATPE Governmental Relations:


On Wednesday, the Texas House of Representatives passed landmark school finance reform legislation. By a vote of 148-1, Chairman Dan Huberty’s (R-Kingwood) House Bill 3 passed the lower chamber, clearing the way for its consideration next by the Texas Senate.

The ATPE-supported school finance bill as finally passed by the House allocates billions in new money for public schools, reduces recapture, and provides homeowners with property tax relief. The House added bipartisan compromise language to HB 3 during Wednesday’s floor debate to ensure that all full-time public school district employees in non-administrator roles will also receive pay raises.

Read more about the bill and Wednesday’s major vote in this blog post from ATPE Governmental Relations Director Jennifer Mitchell. Stay tuned to Teach the Vote for updates as attention turns to the Senate to find out how the upper chamber will respond to the school finance bill.


The Senate Education Committee and House Public Education Committee both held multiple meetings this week to hear a variety of education bills.

The Senate Education Committee’s meeting on Tuesday, April 2, 2019, largely focused on hearing bills pertaining to dual credit. The agenda for Thursday, April 4, included a host of bills relating to virtual schools, including some bills that ATPE opposes. Other pending bills previously heard by the committee were also voted out with favorable recommendations for the full Senate. Read more about the Senate committee’s activities this week in blog posts here and here from ATPE Lobbyist Mark Wiggins who covered the hearings.

On the other side of the Capitol, the House Public Education Committee’s Tuesday hearing covered topics ranging from pre-K to technology and educator preparation. The agenda for the committee’s Thursday hearing also featured a wide variety of issues, including one bill that ATPE opposes to require school districts to let home-schooled students participate in UIL activities. ATPE Lobbyist Andrea Chevalier covered the House Public Education Committee hearings, and you can read her reports on the two meetings from this week in blog posts here and here.


ATPE is urging educators to oppose two Senate bills that would endanger free speech rights and limit the ability to teach students about content that relates to “a political philosophy” or “a matter of public interest.” The bills are Senate Bill 1569 by Sen. Pat Fallon (R-Prosper) and Senate Bill 904 by Sen. Bryan Hughes (R-Mineola), and both of them got a favorable nod from the Senate State Affairs committee this week.

SB 1569 and SB 905 would expand current laws that restrict the use of public resources for “political advertising.” The bills are unnecessary, since state law already prohibits using school resources for electioneering which is enforced by the Attorney General, and these two bills will have harmful unintended consequences.

SB 1569 would broaden the definition of political advertising, impose harsh restrictions on political speech by public school employees, and make it nearly impossible to teach students about elections or civic responsibility or anything deemed to fall under the vague category of “a matter of public interest.” SB 904 also tries to limit political speech by restricting access to government communication systems like a school district’s Wi-Fi network. It also calls for fining any third party that sends political advertising to a government email address. SB 904 will unreasonably penalize innocent third parties and have a chilling effect on free speech and political involvement by educators, even making it hard to teach students about anything related to politics.

Both SB 1569 and SB 904 appear to be reactions to the surge in educator participation in elections last year, and both bills are likely to spark constitutional challenges if passed. Based on their obvious targeting of the education community, both bills are reminiscent of unsuccessful efforts last legislative session to dissuade educators from joining professional associations that advocate for public education. With yesterday’s committee vote, these two bills have the potential to reach the full Senate for a floor debate very soon. ATPE is urging educators to contact their senators and ask them to reject SB 1569 and SB 904. Read more about the bills in this blog post. ATPE members can click here to visit Advocacy Central and send a quick message to their senator.


As we have been reporting here on Teach the Vote, the legislature is considering ATPE-supported bills to increase contributions into the TRS pension fund. This week the House Committee on Pensions, Investments and Financial Services considered one of the bills, Senate Bill (SB) 12 by Sen. Joan Huffman (R-Houston), which the full Senate has already passed unanimously.

SB 12 is being sponsored on the Senate side by Rep. Greg Bonnen (R- League City), who chairs the Article III (education) subcommittee in House Appropriations and is the author of another bill to increase funding for TRS via House Bill (HB) 9. (That bill, which ATPE also supports, was already heard by the House Pensions committee last week.) ATPE Senior Lobbyist Monty Exter reports that during this week’s hearing on SB 12, Chairman Bonnen offered a committee substitute version of Senate Bill 12 that would replace its language with the language from his HB 9. After a brief hearing on the bill, the committee took the somewhat unusual step of immediately voting the committee substitute version of SB 12 favorably out of committee and recommending that it go to the full House for further consideration. The bill, which appears to be on an expedited track, will next go to the House Calendars Committee which has the authority to set the bill on a House calendar for a scheduled for debate. Once the bill has been approved by the full House, which it is expected to easily do, it will return to the Senate where Sen. Huffman will likely send SB 12 to a conference committee to work out differences between the House and Senate language.

While both versions of the bill would increase the overall contribution rate into the TRS pension system and provide current retirees with a 13th check, the House language does so by focusing the entire increase on the state’s contribution rate without raising the rates of educators or school districts. Additionally, the House version provides for a substantially larger 13th check, up to $2400 per retiree vs $500 dollars per retiree in the Senate version of the bill.


 

House Public Education Committee hears bills on home-schooler UIL participation, health and safety, and more

On Thursday, April 4, 2019, the House Public Education Committee met to hear bills on several topics, including home-schooled students’ participation in UIL, student health, protected speech, and the available school fund.

ATPE supported several of the bills on yesterday’s committee agenda:

  • House Bill (HB) 348 (Nevárez, et al., D-Eagle Pass): Would allow school districts to provide increased compensation to a teacher who completes an autism training provided by a regional education service center. This bill was not actually heard by the committee yesterday due to a last-minute change.
  • HB 1602 (Hernandez, D-Houston): States that a school district may not begin instruction before 8 am and calls for appropriating over $755 million to the Texas Education Agency (TEA) for the purpose of offsetting the additional transportation costs associated with the bill. Rep. Hernandez said that 34% of Texas schools start in the 7 am hour, and some students wait in the dark for the bus as early as 5:45 am. A student testified for the bill, saying it would help her get more sleep and receive less disciplinary action. ATPE member Yen Rabe also testified in support as one of several witnesses who cited increased safety and student well-being if the school day were to start later.
  • HB 2738 (Meyer, R-Dallas): Would expand educator misconduct provisions adopted through SB 7 from the 2017 legislative session to also include non-certified employees, such as those who may work in charter schools and Districts of Innovation. The bill would require TEA to create a “do-not-hire” registry of these non-certified persons.

ATPE registered in opposition to HB 1324 by Rep. James Frank (R-Wichita Falls), which would require public schools participating in UIL activities to provide home-schooled students who meet certain eligibility requirements with the opportunity to participate in the activity. Districts would likely incur costs from this mandate, and HB 1324 does not ensure that home-schooled students would be subject to the same requirements and thus on a level playing field with their public school peers. Testimony on this bill was split between those who had concerns about implementation, costs to public schools, and increased government oversight, and those who wanted to be able to participate in UIL activities, especially sports. Read ATPE’s written testimony against the bill here.

The following bills were also heard by the committee yesterday:

  • HB 873 (Allen, D-Houston): Would require the admission, review, and dismissal (ARD) committee to review students’ behavior intervention plans (BIPs) at least annually for those who have a BIP as part of their individualized education plan (IEP). This bill also requires changes to the student code of conduct, including parent notification about the student’s BIP or if the student needs a BIP when violations of the code occur, and it changes law around the use of restraints and time-outs, requiring detailed notification to parents. Lastly, the bill requires that if a school district takes disciplinary action against a student with disabilities that results in a change in placement, the district must conduct a behavioral assessment and develop or revise the student’s BIP.
  • HB 1131 (Cole, et al., D-Austin): Would create the “Texas Public Finance Authority” to act as a “paying agent” under current law for the guarantee and payment of bonds. School districts could also borrow money from the new authority.
  • HB 1906 (Burns, R-Cleburne): Would allow a parent of a student with severe cognitive disabilities to request that the child be exempted from required assessments. The ARD committee would make further determinations on whether the student should be exempted and what the best assessment instrument for the child would be. Special education advocates testified about concerns with making sure someone is still held accountable for growth and progress of these students, and argued that assessments should be fixed rather than removing students from taking assessments altogether.
  • HB 2097 (Krause, et al., R-Fort Worth): This bill would allow only Arlington ISD to withdraw from TRS-ActiveCare under a pilot project. Representatives of the school district testified that healthcare costs for its employees under TRS are too high, but members of the committee were cautious and indicated there should be more study on statewide impact before allowing one district to have special treatment.
  • HB 2244 (González, M., D-Clint): Would define what is protected speech and require school districts to adopt a policy establishing rules regarding students’ right to exercise freedom of the press at school. Testimony supporting the bill included remarks from students, teachers, a professor, and a lawyer.
  • HB 2393 (Burrows, R-Lubbock): Would require the State Board of Education (SBOE) and the Texas Parks and Wildlife Department (TPWD) to develop a hunter education course for students in grades 7-12 that a school district can use as a part of its physical education curriculum. Rep. Burrows stated that there are barriers to children being able to take hunter education and that many violations have been committed by hunters, presumably as a result of lack of education.
  • HB 2555 (Parker, R-Flower Mound): Would update the guidelines on food allergies and require school boards and governing bodies of charters to update their policies on caring for students with food allergies who are at risk of anaphylaxis.
  • HB 2689 (Dean, et al., R-Longview): Would require each school superintendent to designate a cybersecurity coordinator to serve as a liaison between the district and TEA. Rep. Dean stated that student data, such as social security numbers, are particularly valuable and in need of protection.
  • HB 2739 (Meyer, et al., R-Dallas): Would require private school administrators to report misconduct by educators they employ to the State Board for Educator Certification (SBEC) and allow them to obtain information from SBEC any reports the board has about prior misconduct or criminal histories of such individuals.
  • HB 2740 (Meyer, et al., R-Dallas): Would require the Department of Family and Protective Services to release information regarding child abuse and neglect investigations and allegations to private schools, as it does for public schools.
  • HB 3683 (Dutton, D-Houston): Would allow the commissioner to authorize a charter or campus program to provide a dropout recovery program for grades 9-12, at which 50% of the enrollment must be students who are age 17 or older. Eligible students would include those who have dropped out or been in a disciplinary alternative education setting, as well as homeless students, working students, asylees and refugees, or at parent request. Charter school advocates testified that the bill would improve student retention and completion.
  • HB 4205 (Craddick, R-Midland): Would allow repurposed campuses to be operated in partnership with certain nonprofits that have a successful record of operating a campus or charter. Former Speaker Craddick stated that a school slated for closure has only two options (close the campus or appoint a board of managers), and his bill offers a third option by allowing non-profit charters to partner with the school district to reopen the school. TEA General Counsel Von Byer said the campus would still have to be closed and repurposed, and that the repurposed campus would have to serve a majority of new students and offer a distinctly different academic program.
  • HB 4613 (Shaheen, R-Plano): Would allow parents to request an exemption from state and federal testing requirements for special education students, potentially through a federal waiver. Special education advocates testified with concerns on meeting federal reporting requirements and having accountability for all students, including those with disabilities.
  • HB 4611 (Huberty, R-Humble) and its related House Joint Resolution (HJR) 151 (Huberty, R-Humble): Would propose a constitutional amendment to allow the General Land Office’s (GLO) School Land Board to transfer up to $600 million to the available school fund. The current allowable contribution is only $300 million. Testimony from both the GLO and from Dr. Keven Ellis of the SBOE was neutral, focused on finding avenues to increase funds to the available school fund.

The following pending bills heard during prior meetings were voted favorably from committee on Thursday: HB 851, HB 1026, HB 1517, HB 1639, HB 1640, HB 1823, HB 2511, HB 2984, HB 3007, HB 3217, HB 3323, HB 3435, HB 3966, HCR 59, HB 843, HB 1160, HB 1276, HB 1632, HB 2030, HB 2184, HB 4310, and HB 2210.

The House Public Education Committee will meet again on Tuesday, April 9, 2019, to hear a variety of bills, mostly pertaining to charter schools.

Texas House approves landmark school finance bill

Chairman Huberty addresses the Texas House before its final vote approving House Bill 3, April 3, 2019.

A major effort to improve the state’s school finance system took a giant step forward today after the Texas House of Representatives passed House Bill (HB) 3 this afternoon.

The bill, authored by House Public Education Committee Chairman Dan Huberty (R-Kingwood), adds billions in new funding for Texas public schools, as well as tax relief for local property owners who have dealt with the increasing burden of funding public education while the state’s share of funding responsibility has decreased over the years. Efforts to reform the school funding system last session, also spearheaded by Chairman Huberty, failed after the House and Senate could not reach an agreement in 2017, despite debating the issue extensively in both a regular and special session. Instead, the legislature convened a commission to study the issue over the last two years. HB 3 approved by the lower chamber today reflects a massive amount of work and compromise.

In a press release issued today, ATPE expressed thanks to House members and, in particular, Chairman Huberty and House Speaker Dennis Bonnen (R-Angleton) for their leadership in moving the bill forward. “ATPE provided input on HB 3, and we are grateful that the concerns of Texas educators were given meaningful consideration,” said ATPE Executive Director Shannon Holmes. “HB 3 as adopted by the full House today represents a major step forward in replacing our outdated school funding system with one that will prioritize funding for students who need it the most, place greater emphasis on early learning, alleviate some of the burden on local taxpayers, and help Texas recruit and retain the best teachers,” added Dr. Holmes.

During today’s floor debate, the House added language to ensure that as school districts receive additional funding, their employees will be guaranteed pay raises. The floor amendment was authored by Rep. Chris Turner (D-Grand Prairie) and received bipartisan support plus the approval of the bill’s author. As amended, HB 3 now requires districts to spend at least 25 percent of any increase in the basic allotment on salary increases for their full-time employees, except for administrators. One-quarter of those salary increases may be doled out at the district’s discretion, while 75 percent of the increases must be funded in an across-the-board manner giving an equal amount to each eligible employee. Other pay raise amendments that had been pre-filed were withdrawn once it became clear that the House leadership would accept the Turner amendment.

ATPE also appreciates that the House kept other language out of HB 3 that might have derailed its chances for passing today. For example, there was no appetite for an amendment filed by Rep. Matt Schaefer attempting to add merit pay back into the bill. Citing the work of the Texas Commission on Public School Finance, Rep. Schaefer argued that the state’s current compensation system for teachers “values tenure” rather than quality. A merit pay proposal was originally included in HB 3 as filed but was removed after ATPE and other educator groups expressed concerns about it and the emphasis it would inevitably place on standardized test scores. Rep. Schaefer withdrew the amendment today in the face of obvious opposition to it.

The House’s final vote on HB 3 today was 148-1. Rep. Jonathan Stickland (R-Bedford) was the lone “no” vote on the bill. Speaker Bonnen exercised his right to cast a supporting vote from the chair, which typically occurs only for bills that are a very high priority of the House leadership or when there is a need for a tie-breaking vote.

Today’s vote helped fulfill Speaker Bonnen’s pledge to make passing a school finance reform bill a top priority; Bonnen announced right after becoming speaker on opening day of this legislative session that he was stocking the House members’ lounge with disposable cups reading, “School Finance Reform – The Time is Now.”

HB 3 heads next to the Texas Senate, where Senate Education Committee Chairman Larry Taylor (R-Friendswood) has filed his own school finance bill, Senate Bill 4, but has largely waited for the House to act on its more comprehensive bill.

House Public Education Committee hears bills on pre-K, tech apps, educator prep, data transparency, and more

On Tuesday, April 2, 2019, the House Public Education Committee heard several bills related to a variety of topics.

ATPE registered positions in support of three of the bills heard in committee:

  • House Bill (HB) 1517 (Coleman, D-Houston): Would require schools, including charters, to notify parents if they do not have a full-time nurse for 30 or more consecutive instructional days. The bill excludes schools that enroll fewer than 10,000 students.
  • HB 2030 (Turner, John, D-Dallas): Would allow eligible three-year-olds enrolled in pre-K to continue their eligibility the next school year, which helps parents avoid intensive paperwork of re-registration and reduces the administrative burden on districts.
  • HB 2184 (Allen, D-Houston): Would create collaborative policies for improving a student’s transition from an alternative education setting back to the regular classroom. A committee substitute for the bill clarifies that teachers who implement the transition plan are included on the planning committee.

The following bills were also heard by the committee:

  • HB 963 (Bell, C., R-Magnolia): Would add technology applications courses to the career and technical education (CTE) allotment, so that students in those courses would receive the same weighted funding as students in CTE courses.
  • HB 1468 (Talarico, D-Round Rock): Would create a “public school mental health task force” to determine the effectiveness of school counseling programs and ways to improve school climate and report that data to the Texas Education Agency (TEA).
  • HB 2984 (Allison, R-San Antonio): Would require the State Board of Education (SBOE) to add essential knowledge and skills (TEKS) to the technology applications curriculum related to coding, computer programming, computational thinking, and cybersecurity. One witness noted that the TEKS are set to be revised in 2021 regardless.
  • HB 3007 (Turner, Chris, D-Grand Prairie) Would require TEA to provide districts all source data that was used in computing their accountability ratings. Rep. Turner stated that districts are not given access to all the data used to determine their A-F accountability ratings and that his bill gives districts the opportunity to view the data during the appeals process. Witnesses representing Arlington ISD, who requested the bill, testified that their college, career, and military readiness data was missing information on 206 students.
  • HB 3217 (Ashby, R-Lufkin): Would reauthorize institutions of higher education to offer a bachelor’s degree in education and eliminate the 18-semester-hour cap on the number of education courses allowed for a degree. One witness testified against the bill, stating that Texas needs subject matter specialists and that content hours should not be decreased. The Texas Association of Colleges for Teacher Education spoke to the importance of pedagogy and testified that students would not experience longer degrees as a result of the bill.
  • HB 3323 (Burns, R-Cleburne): Would require a school district to post employment policy documents on its website.
  • HB 3435 (Bowers, D-Garland): Would establish March 1 as Texas Girls in STEM Day.
  • HB 3966 (Raymond, D-Laredo:  Would require the governor to designate Holocaust Remembrance Week in public schools.
  • HB 3710 (Bell, K., R-Forney): Would require TEA to develop free, electronic tutorials for end-of-course assessments at an estimated cost of $3/student.
  • HB 4310 (Dutton, D-Houston): Would require districts to allow teachers sufficient time to teach a given curriculum and states that districts may not penalize a teacher for failing to follow the scope and sequence timeline if the teacher determines that the students need more learning time.
  • HB 4487 (Frullo, R-Lubbock): States that students sent to the campus behavior coordinator are not considered to have been removed from the classroom for purposes of reporting in the Public Education Information Management System (PEIMS).
  • HCR 59 (Guillen, D-Rio Grande City): Would designate the second week of November as School Psychologist Appreciation Week.

The House Public Education Committee will meet again on Thursday, April 4, to hear bills on UIL and student health, and again on Tuesday, April 9, to hear bills related to charter schools. In news from the full House, Chairman Huberty’s school finance and tax reform bill, House Bill 3, will be up for debate in the House chamber on Wednesday, April 3. Follow @TeachtheVote and your ATPE lobbyists (@ATPE_AndreaC, @ATPE_MontyE, @ATPE_JenniferM, and @markwigginstx) on Twitter for updates on the action!

Teach the Vote’s Week in Review: March 29, 2019

Here’s your weekly wrap-up of education news from ATPE Governmental Relations:


The Texas House of Representatives debated its budget bill, March 28, 2019.

During a late night floor session on Wednesday, the Texas House unanimously approved a $251 billion state budget billHouse Bill (HB) 1. The bill includes a $9 billion appropriation for improving the state’s school finance system and providing property relief to homeowners. The public education-related funding increases in the House budget would be implemented via HB 3, Chairman Dan Huberty’s (R-Kingwood) omnibus bill that ATPE supports. The full House is slated to debate HB 3 on the floor next Wednesday, April 3.

On the other side of the Capitol, the Senate Finance Committee is preparing to approve its budget bill, Senate Bill (SB) 1, in the coming days. During a meeting yesterday, the committee decided to add money to its bill to match the House’s $9 billion funding proposal for public education. The two chambers are likely to disagree, however, on how that money should be spent.

Read more about the House’s big budget vote in this article from The Texas Tribune republished on our Teach the Vote blog. We urge ATPE members to use our convenient tools on Advocacy Central to send a message to House members thanking them for their vote on the budget to increase public education funding and urging them all to similarly support HB 3 next week.


ATPE State President Byron Hildebrand testified before a House committee, March 26, 2019.

This week two important bills affecting the Teacher Retirement System (TRS) advanced in both the House and Senate.

House Bill (HB) 9 by Rep. Greg Bonnen (R-Friendswood), which increases contributions to TRS and provides retirees with a 13th check, received a hearing the House Committee on Pensions, Investments, and Financial Services on Tuesday. The bill was left pending in  committee but is expected to be voted out favorably in the near future. ATPE State President Byron Hildebrand testified in favor of HB 9 during the hearing.

Also, Senate Bill (SB) 12 by Sen. Joan Huffman (R-Houston) was voted out of the full Senate by a unanimous vote on Monday. SB 12, which ATPE also supports, raises the contribution rates into TRS, albeit differently from the House’s bill, and provides retirees with a 13th payment, but the payment would be lower. For more information on the differences between the two bills, check out this blog post by ATPE Senior Lobbyist Monty Exter.


On Tuesday, the Senate Education Committee chaired by Sen. Larry Taylor (R-Friendswood), heard a number of bills focused on student discipline issues. ATPE supported bills such as Senate Bill 1451, which prohibits negative action on a teacher’s appraisal solely on the basis of the teacher’s disciplinary referrals or documentation of student conduct, and Senate Bill 2432, which would add harassment to the list of conduct that will result in the mandatory removal of a student from the classroom. For more information on the bills heard, plus other pending bills that were voted on during this week’s committee hearing, check out this blog post by ATPE Lobbyist Mark Wiggins.


Meetings of the House Public Education Committee have been known to take on a theme and focus on bills that pertain to the same issue. The theme of this week’s meeting of the committee was school safety. Members of that committee on Tuesday heard 35 bills related to topics in school safety such as school hardening, access to mental health resources, and increased law enforcement on school campuses. ATPE registered a position in support of six bills including House Bill 2994 by Rep. James Talarico (D-Round Rock), which would require the Commissioner of Education to develop mental health training material for school districts. A thorough breakdown of the bills heard during this committee meeting can be found in this blog post by ATPE Lobbyist Andrea Chevalier.


FEDERAL UPDATE: On Thursday, March 28, 2019, U.S. Secretary of Education Betsy DeVos sat before the Senate Appropriations Committee to defend President Donald Trump’s proposed federal budget for the Department of Education. DeVos faced questions on her support for increasing federal funding for school choice while eliminating or decreasing funding aimed at teacher effectiveness, special populations, and loan assistance. Watch more coverage of the hearing here for the full scoop.


ELECTION UPDATE: The 86th Texas Legislative session is more than halfway over, and issues like school finance, teacher pay, and school safety remain key topics. This is a direct result of the tremendous educator turnout during the 2018 elections and proof of the power of democracy – informed and engaged citizens holding their elected officials accountable. Practicing and modeling civic engagement require voting in every election. On May 4, 2019, many Texans will have the chance to vote in local elections for school boards, mayoral seats, bonds, and more. Make sure your voter registration is up to date so you will be able to participate. The last day to register to vote in the May election is April 4. Early voting runs April 22-30, 2019. Visit VoteTexas.gov to learn more about how to register and vote.

Teach the Vote’s Week in Review: March 22, 2019

Here’s your weekly wrap-up of education news from ATPE Governmental Relations:


Now that the bill filing deadline has passed and the 86th legislative session is beyond its halfway point, it’s time for the legislature to do the one thing that it is mandated to do in every session: pass a budget. “Budget Day,” though it doesn’t have an official date in each legislative session, is when the House or Senate passes its version of a budget bill. Things get heated, legislators stay on the floor until the wee hours of the morning, staving off delirium to fight for every penny possible for their constituents’ legislative priorities. At stake this session is the future of public education funding, deemed an emergency issue this session by Gov. Greg Abbott and a top priority of the leadership in both the House and Senate.

For its part on the school finance front, the House Public Education Committee unanimously approved Chairman Dan Huberty’s (R-Kingwood) comprehensive school funding bill, House Bill (HB) 3, on Tuesday of this week after making a number of changes requested by ATPE and other education stakeholders. Those changes included removing a controversial merit pay proposal from the bill. Read more about the revisions made to HB 3 in this blog post by ATPE Governmental Relations Director Jennifer Mitchell. The new and improved school finance and tax reform bill is expected to be brought up by the full House for a floor debate within a couple of weeks.

With the momentum behind major public education bills like HB 3, it is now up to lawmakers to put aside enough money for the next biennium to make those school funding proposals a reality. On the House side, those budget decisions will be made via HB 1, which is the House’s version of the budget bill that is scheduled for a floor debate next week. State representatives will be spending the weekend drafting and pre-filing their amendments to the massive budget bill before its lengthy budget debate happens on Wednesday, March 27. Stay tuned to Teach the Vote and be sure to follow us and our lobbyists on Twitter for updates on the budget debate next week.

 


House Public Education Committee hearing, March 19, 2019

In addition to approving HB 3 earlier this week, the House Public Education committee also heard 21 other bills when it met on Tuesday, March 19. The subjects of the bills ranged from the compensatory allotment to  a proposal to make personal financial literacy courses mandatory for graduation. The committee also voted to send 14 previously heard bills to the House floor, including the high-profile school finance and tax relief bill, HB 3. For more information on the bills heard during Tuesday’s committee meeting, read this blog post by ATPE Lobbyist Andrea Chevalier. Next Tuesday, the committee will meet again to hear a long agenda full of school safety bills.

Senate Education Committee hearing, March 19, 2019

The Senate Education committee also met Tuesday, March 19, to hear a number of bills, including several relating to educator misconduct. Most of the bills heard on that subject were filed by Sen. Paul Bettencourt as follow-ups to his Senate Bill 7 enacted by the legislature in 2017. The Senate Education Committee voted to advance three bills to the Senate floor. Read more in this blog post from ATPE Lobbyist Mark Wiggins. On the agenda for next week’s Senate Education Committee hearing are several bills relating to student discipline.

 


Two high-profile bills positively affecting Teacher Retirement System (TRS) pension benefits are slated for legislative action next week.

First, Senate Bill (SB) 12, by Sen. Joan Huffman (R-Houston) is on the calendar for debate by the full Senate next week. As we reported in last week’s wrap-up, SB 12 was previously heard and approved by the Senate State Affairs Committee. SB 12 would shore up the educator pension fund by gradually increasing what the state, school districts, and educators contribute to TRS over a period of six years.

The second bill is House Bill (HB) 9 by Rep. Greg Bonnen (R-Friendswood), which is scheduled for a public hearing by the House Pensions/Investments/Financial Services Committee on Tuesday morning, March 26, 2019. ATPE will be testifying in support of the bill. HB 9 would increase contributions to the TRS pension fund placing the entirety of the responsibility of paying for the contribution increase on the state. It also provides for TRS retirees to receive a 13th check equal to up to $2400 of their annuity payment.

Despite their different methods, both of these ATPE-supported bills are aimed at making the pension fund actuarially sound, which would make it possible for the state to provide a much-needed cost of living adjustment to those retired educators who are receiving TRS benefits.

 


House committee advances major school finance reform bill

Today the House Committee on Public Education voted to move forward a comprehensive school finance reform bill. Chairman Dan Huberty (R-Kingwood) offered a new committee substitute version of his House Bill (HB) 3 today, which the committee approved by a vote of 13 to zero.

The committee substitute for HB 3 reflects changes that were made in response to testimony on the original bill as filed. As we reported here on our blog, ATPE testified neutrally on HB 3 at last week’s committee hearing. We supported the bill’s provision of additional funding for public schools, tax relief, and other positive measures, but ATPE opposed language in the original bill that would have allowed school districts to exempt themselves from complying with the state’s minimum salary schedule and a controversial merit pay proposal. The substitute version of the bill approved today removes those portions of HB 3, which all four of the state’s major teacher groups and several individual educators opposed in testimony last week. ATPE greatly appreciates the willingness of Chairman Huberty and the House leadership to hear our concerns, and we are happy to support the new and improved version of this important bill as it moves forward.

HB 3 does not include an across-the-board educator pay raise in the same manner as the Senate’s well-publicized Senate Bill 3, but the House bill advanced today would raise the state’s minimum salary schedule by increasing the basic allotment from $5,140 up to $6,030. Additionally, with Chairman Huberty’s striking from HB 3 a controversial merit pay plan that was tied to a $140 million educator effectiveness allotment, school districts will be able instead to use those funds for incentives and pay raises to help staff quality teachers at high needs campuses, in rural schools, and in areas experience a critical teacher shortage. Other bills proposing an across-the-board pay raise for certain educators continue to be debated this session.

View the newest version of HB 3 here, along with the author’s summary of changes made to the bill. View ATPE’s press release on today’s committee vote approving HB 3 here. Stay tuned to Teach the Vote for updates on the progress of HB 3, which is expected to be sent to the House floor for its consideration within the next couple of weeks.

Teach the Vote’s Week in Review: March 15, 2019

Here’s your wrap-up of education highlights from another busy week for the ATPE Governmental Relations team:


ATPE Senior Lobbyist Monty Exter testifying before the House Public Education Committee on March 12, 2019

Members of the House Public Education committee heard more than 12 hours of testimony this Tuesday on House Bill 3 (HB 3), the House’s comprehensive school finance reform bill. Stakeholders from parents to teachers and even children on spring break testified about the $9 billion bill. Many witnesses at Tuesday’s hearing expressed support for the bill, but a number of them shared reservations about its move to roll funding for gifted and talented programs into the basic allotment and a proposed merit pay plan that the commissioner of education would oversee under HB 3 by Rep. Dan Huberty (R-Kingwood).

ATPE testified neutrally on HB 3 stating that while the bill as filed has many positive qualities and would inject much-needed funding into the public education system, it also includes some troubling changes regarding the state’s minimum salary schedule and using teacher evaluations and student performance data for merit pay. Many witnesses, including ATPE, who expressed concerns about the merit pay plan noted that it would be difficult if not impossible for the commissioner to determine which teachers might receive merit pay under HB 3 without using data from student test scores, even though the bill itself does not specifically call for the use of the STAAR for this purpose. ATPE opposes the use of student performance data, including test scores, as the primary measure of a teacher’s effectiveness for purposes of compensation, which ATPE shared with the committee during our testimony that was delivered by Senior Lobbyist Monty Exter on Tuesday.

Currently, HB 3 is still pending in committee with a substitute version of the bill expected to be discussed next Tuesday, March 19. Read more about Tuesday’s school finance hearing in this blog post by ATPE Lobbyist Andrea Chevalier.

On Wednesday, the House Public Education Committee reconvened to hear a host of other bills related to topics such as Districts of Innovation (DOI) and school start dates. ATPE Senior Lobbyist Monty Exter testified in support of HB 1051, a bill that would make permanent the Goodwill Excel center permanent, a charter school offering a successful dropout recovery program for adult students. ATPE also supported HB 340 relating to full-day pre-k and HB 1276 relating to educator certification. More details on bills heard during Wednesday’s hearing can be found here.

 


Earlier this week, the White House released the president’s 2020 budget proposal, which is little more than a statement of the president’s priorities given that Congress actually passes the federal budget. The proposal would cut billions from the Department of Education’s budget compared to what Congress previously enacted, while funding controversial programs such as school privatization and performance-based compensation. Read a more detailed analysis of the President’s budget proposal on our Teach the Vote blog here.

 


The Senate State Affairs Committee met Thursday morning to hear a number of bills. Among them was Senate Bill 12 by Sen. Joan Huffman (R-Houston). SB 12 would increase the TRS contribution rate and get the fund back to a point of actuarial soundness by the end of the biennium. In addition to the increased contribution rate, the bill would also fund a small 13th check of $500 for current TRS retirees. ATPE Senior Lobbyist Monty Exter testified in support of the bill. For more background on why TRS contribution increases are now needed, check out this previous blog post about actions taken by the TRS board of trustees in the summer of 2018.


Residents of the San Antonio area’s House District 125 elected Democrat Ray Lopez to represent them in the House in a special election held this Tuesday. Lopez, a former city council member will be serving in the seat vacated by current Bexar County Commissioner and former HD 125 state representative Justin Rodriguez. ATPE congratulates Representative-Elect Lopez and looks forward to working with him. This election was the last in a series of special elections meant to fill seats that were vacated after last fall’s elections. As we reported last week, Houston area residents of House District 145 last week elected Democrat Christina Morales to fill the seat vacated by former representative and now Senator Carol Alvarado.

 


ThinkstockPhotos-465016790_moneyLast Friday evening the Senate released its version of a school finance reform proposal, Senate Bill 4 by Sen. Larry Taylor (R-Friendswood). While the Senate has worked diligently to pass an across-the-board teacher pay raise bill this session (SB 3), its version of a more comprehensive school finance reform plan is a little less robust than its counterpart in the House. SB 4 includes provisions for outcomes-based funding and merit pay for classroom teachers. Read more information about the Senate bill in this blog post by ATPE Lobbyist Mark Wiggins.

 


House Public Education Committee hears hours of testimony on school finance plan, HB 3

On Tuesday, March 12, 2019, the House Public Education Committee heard over 12 hours of testimony from 116 individuals on the House school finance plan, House Bill (HB) 3. Testifiers ranged from elementary school students to superintendents and teacher associations. There were 187 individuals registered, with 131 for the bill, 46 neutral (including ATPE), and 10 against. Public comment was largely positive, with concerns bubbling to the surface on the teacher merit-based-pay portion of the bill, increased inequity between property wealthy and property poor districts, and the integration of the current gifted and talented allotment into base funding.

Every testimonial began with gratitude for the many aspects of the bill that improve school funding. These include reimbursements for real costs associated with administration of SAT/ACT and certifications for career and technical education (CTE) students, a substantial increase to the basic allotment from $5,140/student to $6,030/student, new dual language and dyslexia weights, the extension of CTE funding to middle school students, increases to early childhood through the early reading allotment, and efforts to target funds to schools serving students in concentrated poverty.

The majority of testimony, including that from parents and children, focused on the bill’s proposal to roll the gifted and talented (G/T) allotment into the basic allotment instead. Currently, G/T students are funded at a 0.12 weight, but district enrollment is capped at 5%. Most, if not all, districts enroll the maximum of 5% of students. Therefore, districts receive the maximum funding for G/T students. By rolling G/T funding into the basic allotment, the base level of funding is raised and all districts still get the money and are still statutorily required to provide the G/T program. Testifiers advocating for G/T expressed concern that districts would no longer implement G/T programs to fidelity without the allotment, even with the ability under HB 3 for G/T funding to be 100% stripped should a district opt not to certify that it is providing a G/T program.

The concern with the merit-based teacher pay portion of the bill was mainly voiced by teacher groups such as ATPE, the Texas- American Federation of Teachers, the Texas State Teachers Association, and the Texas Classroom Teachers Association, along with a number of teachers who took time to come to Austin to personally express similar disapproval of the inclusion of merit pay in the bill. Testifiers stated that the bill gives the Commissioner of Education (who is un-elected) too much power, assumes that data exists to evaluate all teachers in every subject area, allows for very subjective and potentially biased student surveys to be used for evaluating and ranking teachers, and does not include factors for teachers’ years of experience. Several witnesses told the committee that teachers deserve an across-the-board pay raise before legislators discuss a state framework for differentiated pay, which is similar to but far more acceptable than traditional notions of merit pay. Another area of concern in HB 3, which ATPE noted in our testimony yesterday, is that the bill complicates state laws regarding the minimum salary schedule – creating a new, separate salary schedule for most teachers while keeping counselors, nurses, and librarians on the minimum salary schedule currently found in law – and would allow any school district to simply opt out of using the state’s minimum salary schedule.

The concern over linking teacher pay to student performance metrics, which most see as little more than paying for STAAR scores, is especially concerning amidst ongoing reporting that STAAR has been shown to be unreliable. This spurred discussion from Rep. Ken King (R-Canadian), who repeatedly argued that the bill does not mandate the use of the STAAR test for the teacher designations and merit-pay outlined in the bill. However, a reading of the bill clearly outlines the criteria for the tests that can be used, as well as the requirement for the commissioner to use comparative state data to create forced rankings of teachers.

ATPE Senior Lobbyist Monty Exter testifying before the House Public Education Committee on March 12, 2019

ATPE Senior Lobbyist Monty Exter testified neutrally on HB 3, echoing many of the same concerns and was able to tease out many of the push-backs from committee members. Exter expressed that although the bill has some very positive qualities in that it manages to provide at least some level of funding increase for almost all districts while also increasing funding for special populations, a nearly herculean task, aspects of HB 3 that promote merit pay tied to testing are not appropriate for stimulating educational improvement. Exter noted for the committee that ATPE members through the member written and adopted legislative program, “oppose the use of student performance, including test scores as the primary measure of a teacher’s effectiveness, as the determining factor for a teacher’s compensation or as the primary rationale for an adverse employment action.” As with other witnesses testifying on behalf of teachers yesterday, ATPE’s testimony included the fact that we are aware of no other common metric shared by districts across the state that the commissioner could use to rank teachers for purposes of the proposed merit pay program other than STAAR test results.

In the end, Exter implored the committee not to let the perfect be the enemy of the good, noting that the few parts of the bill educators oppose, including merit pay, are not integral to the functioning of the larger bill; if those parts of the bill were removed, Exter tstified, Texas educators could very likely enthusiastically support HB 3. Watch Exter’s full exchange with the committee here beginning at the 5 hour and 24 minute mark. Exter’s testimony was preceded by ATPE member and former Texas Secondary Teacher of the Year Stephanie Stoebe. ATPE State Vice president Tonja Gray also testified later in the hearing. View ATPE’s written testimony on HB 3 here.

Other education stakeholders focused their testimony in yesterday’s hearing more on concerns surrounding financial equity. While we won’t get into the weeds about tax effort and the guaranteed yield of different tax rates (and thus, golden and copper pennies), the general sentiment expressed was that HB 3 would increase inequity between property wealthy and property poor districts over time. For much more detailed information on this issue, please see testimony provided by the Equity Center and the Center for Public Policy Priorities on HB 3.

In addition to the tax inequity aspect, small and midsize districts and their representatives argued against moving the small and midsize adjustment, which adjusts the basic allotment to a higher amount to account for diseconomies of scale, to an allotment under HB 3. In current law, the adjustment is applied to the basic allotment before additional  funding weights (compensatory education, bilingual education, special education) are applied for various types of students, adding more money. Under HB 3, the adjustment would be applied to the basic allotment just like any other student weight, which advocates argue would reduce overall funding for specific student populations.

Yesterday’s hearing was likely to be the only opportunity for public comment on this version of HB 3 in the House. Once HB 3 is brought up in the House Public Education Committee again, which we expect to happen next week, it will likely be in the form of a committee substitute (a changed version) and the committee is not required to take additional testimony before voting on the bill. Follow ATPE Lobbyists on Twitter @ATPE_AndreaC, @ATPE_MontyE, @ATPE_JenniferM, and @MarkWigginsTX to get up-to-date news on HB 3 as it moves through the legislative process.

Teach the Vote’s Week in Review: March 8, 2019

Here’s your wrap-up of the week’s major education headlines coming out of Austin and Washington, DC, as reported by the ATPE Governmental Relations team:


House leaders announced the filing of HB 3 on Tuesday, March 5, 2019.

On Tuesday, leaders of the Texas House of Representatives held a press conference to announce the filing of House Bill (HB) 3.  The much-anticipated school finance reform bill was filed by Rep. Dan Huberty (R-Kingwood), who chairs the House Public Education Committee, with the support of House Speaker Dennis Bonnen (R-Angleton). Numerous state representatives from both parties signed on to co-author the bill immediately upon its filing.

HB 3 aims to provide $9 billion for a combination of school finance changes and property tax relief. HB 3 would lower the property tax bills of many homeowners by funding four cents’ worth of school property tax compression per $100 of property value. The bill injects additional funding into certain areas, including emphasizing pre-Kindergarten programs and help for students with dyslexia and other special needs, but HB 3 in its initial version also includes a number of provisions that are concerning to ATPE and other educator groups.

HB 3 does not include an across-the-board pay raise like Senate Bill (SB) 3, which has already passed the full Senate. HB 3 instead provides funding for a statewide merit pay program and calls for changes to the structure of the state’s 20-year minimum salary schedule (MSS). The changes outlined in the bill include an increase in the MSS steps for fully certified teachers (excluding those working under a probationary or emergency type of certificate). However, HB 3 also authorizes school districts to adopt their own performance-based salary schedule for teachers in lieu of following the state’s MSS.

HB 3 contemplates a statewide merit pay program through which the top one-third of teachers who meet certain other criteria may earn additional compensation upon receiving “recognized, exemplary, or master teacher designations.” The commissioner would establish most criteria for this program. Designations would only be available to a teacher of record who also holds a leadership role and would be based upon criteria that include student assessments, student perception surveys, and appraisal data. Designations earned by a teacher would be valid for a five-year period and noted on the teacher’s virtual certificate. HB 3 allows SBEC to revoke or suspend a teacher’s designation and also allows the commissioner to revoke, suspend, or modify a district’s own criteria for participating in the program. Interestingly, HB 3 states that the 22:1 class-size limit currently found in law would no longer apply to classes taught by any teacher who earns a designation under this program.

Read more about the filing of HB 3 in this blog post and watch for updates in the next few days as the House plans its first public hearing of HB 3 on Tuesday, March 12, 2019. As with other major school finance and teacher compensation bills that have been filed this session, ATPE views HB 3 as merely a starting point for ongoing discussions in the House. We look forward to working with Chairman Huberty and House leaders on changes to this bill as it moves forward, and ATPE hopes to help the House and Senate reach an ultimate compromise on school funding improvements that will benefit students and educators across the state.


On Monday, the full Senate passed SB 3 to provide a $5,000 across-the-board pay raise for teachers. During the floor debate on Monday, SB 3 author Sen. Jane Nelson amended the bill to include librarians. The bill was passed unanimously. Read more about SB 3 here.

The Senate Education Committee met Tuesday, March 5, 2019, to discuss a major 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. Among the bills heard was Senate Bill (SB) 11 filed earlier this week by Chairman Larry Taylor (R-Friendswood). SB 11 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. SB 11 requires schools to develop multihazard emergency operations plans and assemble threat assessment teams. ATPE supported the bill during the committee hearing. Read more in this blog post.

 


ATPE Lobbyist Andrea Chevalier testifies in the House Public Education Committee on March 5, 2019.

On Tuesday, March 6, 2019, the House Public Education Committee heard six bills related to STAAR testing. Tuesday’s hearing included hours of invited testimony from teachers, district leaders, parents, and TEA staff. The committee also heard several other bills including HB 851 by Chairman Dan Huberty (R-Kingwood) that would extend the expiration date for the law providing for Individual Graduation Committees (IGCs). Read more about the hearing in this blog post.

 


A new federal bill to provide tax relief for educators is gaining traction and bipartisan support. H.R. 878, the Educators Expense Deduction Modernization Act, would allow teachers to deduct up to $500 from their federal taxes (instead of $250 under current law) for any classroom supplies that they purchase. Four members of the Texas congressional delegation have already signed on as cosponsors of the ATPE-supported legislation. Read more in this blog post.

 


SPECIAL ELECTION UPDATE: Voters in Texas House District 145 have elected a new state representative to fill the seat vacated by former representative and now Senator Carol Alvarado. Democrat Christina Morales, a Houston entrepreneur, beat out challenger and former City Councilwoman Melissa Noriega,securing 59% of the vote in a special election runoff held Tuesday night. ATPE congratulates Representative-Elect Morales and looks forward to working with her for the remainder of this session.

Voting is currently underway for San Antonians living in House District 145. The race to fill the seat vacated by by former state representative and current Bexar County Commissioner Justin Rodriguez is down to two opponents: former City Councilman Ray Lopez (D-San Antonio) and businessman Fred Rangel (R-San Antonio). Today is the last day of early voting. The special election runoff for this seat will take place next Tuesday, March 12.