Tag Archives: DOI

Senate Education Committee discusses special education rights recovery

Senate Education Committee meeting, April 23, 2019.

The Senate Education Committee met Tuesday, April 23, 2019, to consider another round of bills, including one addressing the recovery of special education rights. The committee also voted to advance several bills, a list of which can be found at the bottom of this post.

The committee heard testimony on Senate Bill (SB) 139 by Sen. Jose Rodriguez (D-El Paso), which would require the Texas Education Agency (TEA) to develop a notice for distribution and internet posting that includes public education information management system (PEIMS) reporting changes for special education indicators and the rights of children to special education evaluation. The bill would also require districts to include additional information on the notice about initiating a referral for special education services, and require TEA to reimburse districts using federal funds for increases in evaluations. ATPE supports this bill.

Senators also heard the following bills:

SB 232 by Sen. Jose Menendez (D-Dallas), which would require a school district to notify parents that Algebra II is not required to graduate, as well as the consequences of not completing Algebra II with regard to eligibility for automatic college admission and financial aid.

SB 293 by Sen. Eddie Lucio Jr. (D-Brownsville), which would improve educator preparation and training to better prepare teachers to serve students with disabilities. ATPE supports this bill.

SB 451 by Sen. Beverly Powell (D-Burleson), which would allow the bilingual education allotment to be used for staff salaries, not just salary supplements. ATPE supports this bill.

SB 508 by Sen. Borris Miles (D-Houston), which would require TEA to develop a statewide online education and career advising tool to assist in post-secondary planning. The bill would also create a $5 million grant program for districts and charters to reimburse companies that offer paid internships for CTE students.

SB 514 by Sen. Rodriguez, which would require a school board to adopt a written policy regarding students’ right to exercise freedom of the press at school. The bill would limit staff’s authority to control content, but would also protect staff from adverse actions if they act in defense of a student’s rights under the bill.

SB 629 by Sen. Pat Fallon (R-Prosper), which would require online publication of an enormous amount of school district financial information.

SB 869 by Sen. Judith Zaffirini (D-Laredo), which 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.

SB 1016 by Sen. Powell, which would require TEA to audit teacher professional development requirements every four years, as opposed to “periodically.” The bill would ask the agency, with input from stakeholders, to seek to eliminate any unnecessary topic-specific training requirements.

SB 1284 by Sen. Miles, which would create a competitive grant program largely for medical providers to promote early literacy.

SB 1374 by Sen. Angela Paxton (R-McKinney), which would allow concurrent enrollment in Algebra I and geometry.

SB 1600 by Sen. Bob Hall (R-Edgewood), which would require school districts to post information on their websites explaining any termination or nonrenewal of the superintendent and related severance agreements.

SB 1828 by Sen. Jose Menendez (D-San Antonio), which would require the governor designate a week as Holocaust Remembrance Week in public schools.

SB 2074 by Sen. Paxton, which outlines the ability of school districts to contract with and reimburse private employers providing career and technical education (CTE) paid internships to students using CTE funds.

SB 2283 by Sen. Donna Campbell (R-New Braunfels). Under current law, a person is ineligible to serve as a member of a school board of trustees if they have been convicted of paying for prostitution. This bill would add a felony and a Class A misdemeanor to that list.

SB 2201 by Sen. Fallon, which would term-limit trustees in districts with more than 20,000 students to three 3-year or two 4-year terms. The bill would require a district to develop one-year, three-year, and five-year plans for improving student outcomes in reading and math, with goals broken up by demographic categories including income, native language, ethnicity, and gender. The district would be required to report progress on this plan annually.

The committee voted to advance the following bills to the full Senate:

  • SB 713, which would establish a mentor teacher allotment and additional support programs for mentor teacher programs. ATPE supports this bill.
  • SB 722, which states that “the board of trustees may not make a severance payment to a superintendent in an amount greater than one year’s salary under the superintendent’s terminated contract.” Sen. Royce West (D-Dallas) voted against the bill.
  • SB 740, which would create a “Texas Public Finance Authority” empowered to loan money to districts no larger than those with 1,600 students in average daily attendance (ADA). Sen. Hall voted against the bill, and Sen. West registered himself as present and not voting.
  • SB 1133, which states that a school district may not have a business interest in an entity or own real property associated with real estate and rental and leasing; arts, entertainment, and recreation; or accommodation and food services — in other words, a water park.
  • SB 1659, which would require the School Land Board (SLB) to transfer revenue from real estate to the State Board of Education (SBOE) for permanent school fund (PSF) investment and divest and transfer most non-real estate investment assets to the SBOE.
  • SB 2117, which would allow districts that have been granted program charters by their board and have contracted with a charter to jointly operate a campus and receive district-charter funding under last session’s SB 1882.
  • SB 2293, which would make charters subject to the provision of Chapter 617, Government Code, prohibiting collective bargaining and strikes. ATPE supports this bill to create parity between the laws pertaining to charter schools and those that already apply to traditional public schools. Sens. Watson and West voted against the bill.
  • SB 1454, which would create a mechanism through which TEA could elect to transfer the remaining funds of a defunct charter to another charter holder.

House Public Education Committee hears 38 bills on charters, assessment, and discipline

On Tuesday, April 9, 2019, the House Public Education Committee heard 38 bills, which were overwhelmingly related to charter schools. A few bills regarding accountability, assessment, and student discipline were also heard. The vast majority of charter schools bills focused on raising the transparency and accountability of charters and on creating parity between traditional districts and charters.

ATPE registered support for the following bills:

  • House Bill (HB) 43 (Hinojosa, et al., D-Austin): Would add “discipline history” to the list of prohibited factors a charter can take into account when accepting students and removes the ability of charters to exclude students with documented history of criminal offense, juvenile court adjudication, or discipline problems. Does allow charters with at least 75% students who are 18 years or older to provide for these exclusions.
  • HB 139 (González, M., D-Clint): Would require charters to provide notice of an expansion amendment to open a new campus just as is required for entirely new charters. The notice must be provided no later than 18 months before the campus opens and include geographic specificity.
  • HB 228 (Krause, R-Fort Worth): Would create new eligibility standards for districts to become a District of Innovation (DOI), including academic performance eligibility and financial eligibility, as determined by the commissioner. Requires that the DOI plan establish performance objectives for the district.
  • HB 570 (Capriglione, R-Southlake): Would require the governing bodies of charter holders and charter schools to hold each open meeting in the geographic area in which the charter served and to be broadcast over the Internet (these changes were made in a committee substitute).
  • HB 636 (White, R-Hillister): Applies to the disclosure of interested parties involved in contracts that require a vote by the governing body of the governmental entities or have a value of at least $1 million. Would include open-enrollment charters as governmental entities, just as public school districts are.
  • HB 1730 (Davis, Y., D-Dallas): Would require that new and expanded charter campuses be more than one mile from another open-enrollment charter campus, unless the other campus has been operating at maximum student enrollment described by their charter for at least the two preceding school years.
  • HB 1853 (Pacheco, D-San Antonio): Would require charters to hire certified educators and protect educator rights, including for principals.
  • HB 1981 (Cole, D-Austin): Would expand notification requirements to apply to charter expansion amendments and would require the notice to identify the closest public school campus to the charter.
  • HB 2487 (Dutton, D-Houston): Would make charters subject to the provision of Government Code chapter 617 regarding collective bargaining and strikes.
  • HB 2510 (Hinojosa, et al., D-Austin): Would require that charters post their code of conduct on their website and require it to include suspension policies. Requires that charter policies and procedures for suspension and expulsion comply with Chapter 37 of the Texas Education Code and that suspensions not exceed three days.
  • HB 2621 (Bailes, R-Shepherd): Would create a common admission application form for charters and requires the commissioner to manage a waiting list. Each charter would be required to report to the commissioner information on enrollment and waiting list numbers. Would also require the commissioner to identify which charters are corporate affiliates or substantially related charters holders and aggregate this information, to be posted online with the aggregated enrollment and waiting list numbers reported from the charters.
  • HB 2760 (Allison, R-San Antonio): States that districts can submit a statement to the commissioner regarding the impact a new charter school or charter expansion will have on the district. The commissioner would be required to issue an impact report on the charter application that includes information related to how the charter will affect the community, educational availability and duplication, financial burden on district, cost to state, and the written statement aforementioned. The impact report will be made public on the TEA website and provided to the charter or applicant and the others who are to receive the currently required notice.
  • HB 2776 (Allison, R-San Antonio): Would require charters to prepare and submit to TEA an “informed choice report” that includes academic information, demographic information, their calendar, information on transportation and meals, information on extracurriculars and academic course offerings, parental requirements, rights, and responsibilities, teacher statistics including salary, number on the waiting list, admission criteria, discipline policies, rates of disciplinary action, if the school uses an online program, number of school counselors and nurses, and if students have access to a library.
  • HB 2824 (VanDeaver, R-New Boston): Would extend Rep. VanDeaver’s writing pilot from the 84th session (HB 1164) through 2022-2023. This writing portfolio assessment tests the feasibility of replacing the current 26-line essay requirement. Would require the agency to develop methods to determine the validity of the scoring process. Rep. VanDeaver said that there were 30,000 students participating in Spring of 2018, and only 5-6 staff members in charge of the pilot at TEA.
  • HB 2964 (Davis, Y., D-Dallas): Would prohibit the employment of those who have engaged in misconduct that presents a risk to students, as documented by either a school district or the State Board for Educator Certification.
  • HB 2983 (Huberty, R-Humble): Would reduce the number of state-administered assessments for students who have already demonstrated mastery in certain subjects, potentially reducing tests from 17 to 10.
  • HB 2987 (Ramos, D-Richardson): Would require charters to post for each governing board member their biographical information, business interests, if they are elected or appointed, and the length of their service.
  • HB 3013 (Talarico, et al., D-Round Rock): States that charters are subject to the law regarding the suspension of students and restricts the reasons charters can expel students only to Section 37.007 of the Texas Education Code.
  • HB 3069 (González, M., et al., D-Clint): Would require the commissioner to establish a professional development grant program to encourage teachers to obtain computer science certification and continue professional development in coding, computational thinking, and computer science education.
  • HB 3263 (Allen, D-Houston): Would protect charter school employees under the Whistleblower Act, just as school district employees are.
  • HB 3877 (Ramos, D-Richardson): Would require charter schools to post their financial statements through a clearly identifiable link that appears in a prominent place on their home page.
  • HB 4242 (Bernal, et al., D-San Antonio): Would require that state assessments be evaluated by an independent group of qualified educators with Texas teaching experience for readability. Requires the commissioner to hold a public hearing before determining the readability of the assessments and requires that the readability be released for each questions and passage along with the questions and answer keys (at the appropriate time). Requires the State Board of Education to review assessment instruments and places a one-year pause on accountability and testing until unless the readability standards are met. Requires the commissioner to request a federal waiver if standards are not met.

ATPE submitted  written, neutral testimony on Chairman Dan Huberty’s (R-Humble) HB 3904. HB 3904, in general, is a “clean-up” bill for last session’s HB 22, and aims to clarify and specify the law to match the original intent of the policy. The bill clarifies the treatment of dual credit as an accountability measure and adds in complete coherent industry certification course sequences, students who participate in extracurriculars, and ninth graders who are on track to graduate with their cohort. For K-8, the bill adds indicators accounting for students who participate in full-day pre-K, students who participate in math and literacy academies, and students who participate in extracurriculars. Importantly, the bill limits the domain performance ratings to be no more than 50% reliant on test scores. For the student achievement domain, 40% would be attributed assessments, 20% from high school graduation, and 40% from CCMR. The bill also makes changes to accountability for dropout recovery schools. Individual graduation committees are also continued in this bill.

ATPE did not support the provision in the original bill that allowed the commissioner to order reconstitution of a below-standard campus and implement “strategic staffing”, which was largely based on test performance-based measures of teachers. The Chairman has changed the bill in a committee substitute to eliminate this provision, which is great!

The following bills were also heard in committee:

  • HB 769 (Davis, S., et al., R-West University Place): Would require the board of trustees to receive approval from the commissioner for any severance payment to a superintendent who has been terminated based on malfeasance. Further requires that Foundation School Program funds may not be used to pay the severance and that no severance may be paid to a superintendent who has completed less than 51% of their contract. The committee substitute for the bill clarifies the definition of malfeasance and removes retroactive reporting.
  • HB 1003 (Collier, D-Fort Worth): Would create an admission preference for students who reside in the attendance zone of the school district within which the charter is located. Allows for a separate lottery for these students.
  • HB 1301 (Davis, S., R-West University Place): Would require school districts with enrollment of 10,000 or more to publish monthly web reports on board minutes, plans, and objectives, and quarterly reports on academic achievement and district finances. This bill is aimed at only affecting Houston ISD.
  • HB 2190 (Hunter, R-Corpus Christi): This bill only applies to a charter with an enrollment greater than 200 located in a county with less than 400,000 that contains a municipality of least 300,000 (aimed specifically at a Corpus Christi area school). Allows the charter to admit a child of a school employee. Testimony on the bill was positive and Hunter said that he would entertain the bill being statewide. Chairman Huberty said they could change the bill to impact the entire state as an amendment on the House floor.
  • HB 2406 (Geren, R-Fort Worth): States that a charter may not spend public funds for political advertising or for communications describing measures that are false or could influence voters. Brings parity to charters, as school districts are already subject to this law.
  • HB 2488 (Dutton, D-Houston): States that if a charter school has 5,000 or more students in average daily attendance, it is considered to be a state agency for purposes of Chapter 2161 of the Government Code regarding Historically Underutilized Business (HUB). Just as school districts do, charters would have to comply with provisions regarding HUBs, which would include a commitment to increasing contracting opportunities with these businesses.
  • HB 2991 (Talarico, D-Round Rock): Would require, rather than allow, districts and charters to develop and implement a positive behavior and restorative justice program. Through the program, the district or school can provide an alternative to suspension. Creates, in Chapter 37 of the Texas Education Code, a restorative justice coordinating council to assist the agency and school districts in developing restorative justice programs and training.
  • HB 3012 (Talarico, et al., D-Round Rock): Would require that school districts provide students an alternative means of instruction for the classes the student misses while in in-school suspension (ISS) or out-of-school suspension (OSS), and that at least one option should not require the use of the internet. The committee substitute for this bill reduces this requirement to only apply to core courses and states that the instruction doesn’t have to be in-person.
  • HB 3155 (Deshotel, D-Beaumont): Would require municipalities to regard charters as school districts for purposes of zoning, permitting, code compliance, and development. Also applies land development standards to charters. Would prohibit municipalities, counties, or political subdivisions from enacting or enforcing an ordinance that prohibits a charter school from operation.
  • HB 3219 (Allison, R-San Antonio): Would allow campus behavior coordinators to create behavior contracts for students who violate the code of conduct and require their parent to sign the contract as a condition of not taking immediate action against the student.
  • HB 3322 (Burns, R-Cleburne): Would require school districts to post who is responsible for discipline on their website. According to testimony, the bill arose out of a town hall by Senator Kolkhorst.
  • HB 3398 (Johnson, Jarvis, D-Houston): Would require the TEA committee responsible for reviewing accountability appeals to review the challenges by school districts or charters. Requires that the commissioner not limit the challenge if the school district or charter created the inaccuracy and requires that the commissioner correct the rating if the rating assigned was too low.
  • HB 3861 (Bohac, R-Houston): Would allow districts who have been granted program charters by their board and who have contracted with a charter to jointly operate the campus and receive district-charter funding under last session’s SB 1882. Rep. Bohac said that this would only affect Spring Branch ISD and Aldine ISD in the Houston area, as these districts already have such program charters.
  • HB 3941 (Deshotel, D-Beaumont): Would require TEA to develop a process for providers to apply for the authority to operate an online adult high school diploma from for eligible students. Student must reside in Texas, be 19 or older, have been unable to satisfy high school graduation requirements at the normal time, have been unable to meet the graduation requirements of any other program, and meet any other requirements as set out by the commissioner.
  • HB 4209 (Davis, Y., D-Dallas): Would require that charter governing board members are elected and that their terms do not exceed four years. Parents of students enrolled would be able to vote. Rep. Davis said that the bill will be revised.

The Committee will meet again this Thursday for a formal meeting just to vote out bills that have been heard by the Committee so far. Chairman Huberty stated at the end of the hearing that most of the controversial bills have been heard now, but that nearly 600 bills have been referred to them. There are still several weeks of session to go and many more important bill topics to cover! Stay tuned.

House Public Education Committee holds its fourth hearing on bills

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

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

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

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

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

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

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

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

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