Tag Archives: educator misconduct

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.

House Public Education Committee hears 21 bills, approves school finance plan in HB 3

House Committee on Public Education, March 19, 2019

On Tuesday, March 19, 2019, the House Committee on Public Education heard 21 bills on a variety of topics, including compensatory and accelerated education services, elections, and the state’s share of public education funding. Additionally, the committee voted out several bills, including Chairman Dan Huberty (R-Humble) and the Texas House’s plan for school finance, HB 3. Read our blog post on HB 3 here for more information on what’s in the bill.

The following bills were considered by the committee during yesterday’s hearing:

  • HB 462 (Geren et al., R-Fort Worth): This bill enables House Joint Resolution (HJR) 24, which was also on the agenda for Tuesday, and states that the legislature must set base funding and guaranteed funding for each fiscal year at an amount necessary to comply with a minimum state share of education funding at 50% or a greater amount. This bill would cost $10 billion over the next two years. The minimum state share of 50% would be set by HJR 24 (see below).
  • HJR 24 (Geren, R-Fort Worth): Proposes a constitutional amendment requiring the state to pay at least 50% of the cost of maintaining and operating the public school system and prohibits the comptroller from certifying legislation containing an appropriation for public education unless the requirement is met. Constitutional amendments, if passed, are voted on by Texans and require a two-thirds majority for final passage.
  • HB 548 (Canales, D-Edinburg): Would require that districts and charter schools use Texas’s Public Education Information Management System (PEIMS) to report truancy information on the number of: children who fail to enroll, children who fail to attend without excuse for 10+ days within a six-month period in same school year, students for whom a district initiates a truancy prevention measure, and parents of students that schools have filed a truancy complaint.
  • HB 735 (VanDeaver et al., R-New Boston): Rep. VanDeaver explained that HB 735 allows districts to lower and raise their tax rate to a maximum that was previously approved by voters in the past 10 years without a tax ratification election (TRE). He stated that this helps districts provide tax relief without worrying about the cost of an election in the future should the district need to raise its tax rate. HB 735 also requires a Comptroller study of the bill.
  • HB 1160 (Johnson, J., D-Houston): Would allow the compensatory education allotment to be used for guidance, counseling, and/or social work services provided by a licensed social worker or licensed professional counselor.
  • HB 1182 (Goodwin et al., D-Austin): Would change personal financial literacy from an elective to a required course. The committee substitute changes the bill so that the number of credits required for graduation would remain the same.
  • HB 1199 (Miller, R-Sugarland): Would change the way the Texas Education Agency (TEA) monitors school district compliance with dyslexia screening and testing to be more stringent. TEA would develop rules to audit, monitor, conduct site visits of all school districts, identify compliance problems, and develop remedial strategies to address noncompliance.
  • HB 1388 (VanDeaver, R-New Boston): Would require, in the student achievement domain of the accountability system for high school campuses and their districts, a measure of students (rather than a percentage of students) who successfully complete a practicum or internship approved by the State Board of Education (SBOE) and students who successfully complete a coherent Career and Technical Education (CTE) sequence.
  • HB 1453 (Bernal, D-San Antonio): Would require that one of the four teachers on the State Board for Educator Certification (SBEC) has to be a teacher certified in special education with classroom experience. Requires SBEC to propose rules to establish a minimum requirement of field-based experience in which an educator certification candidate actively implements an Individualized Education Plan (IEP). Updates staff development requirements to include training on IDEA and proactive and evidence-based inclusive instructional practices. Also allows for remote coaching for teachers in rural areas.
  • HB 1556 (VanDeaver, R-New Boston): Would make changes to law regarding the purchasing of goods and services to increase clarity for districts. Eliminates the phrase “in the aggregate” so that districts are not met with challenges in purchasing smaller chunks of goods.
  • HB 1597 (Lambert, R-Abilene): Would apply to a person whose parent or guardian is active-duty, allowing them to establish residency by providing a military order to the school district. Then, the family must provide proof of residency within ten days after their arrival date. The bill would also make charter schools subject to the same law.
  • HB 1632 (Bell, K. et al., R-Forney): For purposes of a school district’s provision of compensatory education, intensive, or accelerated services, the bill would add the following to the definition of “student at risk of dropping out of school:” student with dyslexia, educationally disadvantaged, has enrolled in 2+ public schools in the same school year for either the current or preceding school year, or has 10+ absences in a school year in the current or preceding school year.
  • HB 1639 (Martinez, D-Weslaco): States that, before December 21, 2024, boards of trustees can change the length of the terms of their trustees to either three- or four-year staggered terms.
  • HB 1664 (King, Ken, R-Canadian): Rep. King said that this bill cleans up some of the implementation issues with last session’s educator misconduct bill, SB 7. The bill states that a superintendent or director is not required to notify SBEC or file a report if they complete an investigation into educator misconduct before the educator’s termination and determine that the educator did not engage in the misconduct.
  • HB 1773 (Middleton, R-Wallisville): States that for districts that have their administration in a permanent building and students in a portable, the district has to put the administration in the portable and make classrooms in the former administration building.
  • HB 1823 (Cortez, D-San Antonio): Would change a the heading in law relating to the payment of school facilities allotments to more accurately reflect current practice.
  • HB 2116 (White et al., R-Hillister): For purposes of a district’s provision of compensatory education, intensive, or accelerated services, adds to the definition of “student at risk of dropping out of school:” student who has been incarcerated or has a parent who has been incarcerated.
  • HB 2210 (Bell, K. et al., R-Forney): Under this bill, students who receive residential services in a state hospital would not be considered in the accountability of the district or campus that the hospital is located in if their parent does not reside in the district.
  • HB 2424 (Ashby, R-Lufkin): Would require SBEC to propose rules to establish and issue micro-credentials for educators, which would be placed on their certificates. The agency would approve Continuing Professional Education (CPE) providers to offer micro-credential courses (which could include school districts).
  • HB 2778 (King, T., D-Uvalde): Would change the joint election agreement regarding election expenses so that it applies to a school district that has territory in at least four counties, each with a population of less than 55,000 (rather than 46,100).
  • HB 3134 (Middleton, R-Wallisville): Would allow a board of trustees to establish and operate a transportation system outside the county or district if students served by the county system or enrolled in the district reside outside the county or district.

The following bill was on the agenda but was not heard:

HB 1679 (Price, R-Amarillo): Would require the Texas Higher Education Coordinating Board (THECB) to provide limited student loan repayment assistance for eligible school counselors who apply and qualify.

The following bills were voted out favorably by the committee, which means they will now move on to the House Calendars Committee and face judgement on whether and when they may come before the entire House of Representatives for a vote: HB 3, HB 55, HB 391, HB 613, HB 663, HB 692, HB 808, HB 811, HB 960, HB 961, HB 1133, HB 1480, and HB 2074. Rep. VanDeaver’s HB 1051, which was heard last week and relates to the Goodwill Excel Center, was also voted out after VanDeaver and Rep. Alma Allen (D-Houston) came to an agreement that there would be a floor amendment to address her concerns about the bill.